SF 2082

2nd Unofficial Engrossment - 86th Legislature (2009 - 2010)

Posted on 12/26/2012 11:17 p.m.

1.1A bill for an act 1.2relating to state government finance; modifying provisions for general 1.3legislative and administrative expenses of state government; regulating state 1.4and local government operations; enhancing state financial management and 1.5internal controls; implementing procedures for dealing with false claims made 1.6involving state funds or property; requiring Web site with searchable database 1.7on state expenditures; establishing technology development lease-purchase 1.8financing; creating the Minnesota Geospatial Information Office; establishing 1.9a preference for veteran-owned small businesses on state procurement contract 1.10bid solicitations; establishing a statewide electronic licensing system; creating 1.11the management analysis revolving fund; modifying provisions on use of 1.12property in certain areas; requiring state institutions in the colleges and 1.13university system to prepare a residential housing list for use in election day 1.14registration; modifying voter registration provisions; allowing municipalities 1.15to participate in the state's cooperative purchasing; setting standards on use 1.16of state employees' electronic personal health records; prohibiting transfer of 1.17Environmental Quality Board duties or staff; transferring duties and staff from 1.18Land Management Information Center to Minnesota Geospatial Information 1.19Office; modifying provisions for secretary of state duties; requiring reports; 1.20establishing penalties; appropriating money;amending Minnesota Statutes 2008, 1.21sections 3.97, by adding a subdivision; 3.971, subdivision 6; 3.975; 4A.02; 1.225.12, subdivision 1; 5.29; 5.32; 5A.03; 5A.06; 10.43; 10.60, subdivision 2, by 1.23adding a subdivision; 11A.07, subdivision 4; 13.64; 16A.055, subdivision 1, by 1.24adding a subdivision; 16A.11, by adding a subdivision; 16A.126, subdivision 1; 1.2516A.133, subdivision 1; 16A.139; 16A.151, subdivision 2; 16A.152, by adding 1.26a subdivision; 16B.24, by adding subdivisions; 16B.54, subdivision 2; 16C.16, 1.27by adding a subdivision; 16C.19; 16C.20; 43A.02, by adding a subdivision; 1.2843A.1815; 43A.24, subdivision 1; 43A.49; 116G.15; 135A.17, subdivision 2; 1.29161.321; 201.061, subdivisions 1, 3; 201.071, subdivision 1; 201.091, by adding 1.30a subdivision; 270C.63, subdivision 13; 302A.821; 303.14; 303.16, subdivision 1.314; 308A.995; 308B.121, subdivisions 1, 2; 317A.823; 321.0206; 321.0210; 1.32321.0810; 322B.960; 323A.1003; 333.055; 336A.04, subdivision 3; 336A.09, 1.33subdivision 2; 359.01, subdivision 3; 383B.72; 471.345, subdivision 15, by 1.34adding a subdivision; 473.142; Laws 2005, chapter 156, article 2, section 45, 1.35as amended; Laws 2005, chapter 162, section 34, subdivision 2; Laws 2007, 1.36chapter 131, article 2, section 22; Laws 2007, chapter 148, article 2, section 1.3779; proposing coding for new law in Minnesota Statutes, chapters 3; 4; 5; 10; 1.3815B; 16A; 16B; 16C; 16E; 43A; 116G; 270C; proposing coding for new law as 2.1Minnesota Statutes, chapter 15C; repealing Minnesota Statutes 2008, sections 2.24A.05; 16C.046; 116G.151; 240A.08; 645.44, subdivision 19. 2.3BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.4ARTICLE 1 2.5STATE GOVERNMENT APPROPRIATIONS 2.6 Section 1. new text begin STATE GOVERNMENT APPROPRIATIONS. new text end 2.7     new text begin The sums shown in the columns marked "appropriations" are appropriated to the new text end 2.8 new text begin agencies and for the purposes specified in this article. The appropriations are from the new text end 2.9 new text begin general fund, or another named fund, and are available for the fiscal years indicated new text end 2.10 new text begin for each purpose. The figures "2010" and "2011" used in this article mean that the new text end 2.11 new text begin appropriations listed under them are available for the fiscal year ending June 30, 2010, or new text end 2.12 new text begin June 30, 2011, respectively. "The first year" is fiscal year 2010. "The second year" is fiscal new text end 2.13 new text begin year 2011. "The biennium" is fiscal years 2010 and 2011. new text end 2.14 new text begin APPROPRIATIONS new text end 2.15 new text begin Available for the Year new text end 2.16 new text begin Ending June 30 new text end 2.17 new text begin 2010 new text end new text begin 2011 new text end 2.18 Sec. 2. new text begin LEGISLATURE new text end 2.19 new text begin Subdivision 1. new text end new text begin Total Appropriation new text end new text begin $ new text end new text begin 67,352,000 new text end new text begin $ new text end new text begin 67,326,000 new text end 2.20 new text begin Appropriations by Fund new text end 2.21 new text begin 2010 new text end new text begin 2011 new text end 2.22 new text begin General new text end new text begin 67,174,000 new text end new text begin 67,148,000 new text end 2.23 new text begin Health Care Access new text end new text begin 178,000 new text end new text begin 178,000 new text end 2.24 new text begin The amounts that may be spent for each new text end 2.25 new text begin purpose are specified in the following new text end 2.26 new text begin subdivisions. new text end 2.27 new text begin Subd. 2. new text end new text begin Senate new text end new text begin 21,810,000 new text end new text begin 21,810,000 new text end 2.28 new text begin Subd. 3. new text end new text begin House of Representatives new text end new text begin 29,940,000 new text end new text begin 29,940,000 new text end 2.29 new text begin During the biennium ending June 30, 2011, new text end 2.30 new text begin any revenues received by the house of new text end 2.31 new text begin representatives from sponsorship notices in new text end 2.32 new text begin broadcast or print media are appropriated to new text end 2.33 new text begin the house of representatives. new text end 3.1 new text begin The house must develop a system under new text end 3.2 new text begin which members and employees have new text end 3.3 new text begin electronic access to their payroll and payroll new text end 3.4 new text begin deduction information. new text end 3.5 new text begin Subd. 4. new text end new text begin Legislative Coordinating Commission new text end new text begin 15,602,000 new text end new text begin 15,576,000 new text end 3.6 new text begin Appropriations by Fund new text end 3.7 new text begin General new text end new text begin 15,424,000 new text end new text begin 15,398,000 new text end 3.8 new text begin Health Care Access new text end new text begin 178,000 new text end new text begin 178,000 new text end 3.9 new text begin (a) $5,657,000 the first year and $5,657,000 new text end 3.10 new text begin the second year are for the Office of the new text end 3.11 new text begin Revisor of Statutes. new text end 3.12 new text begin (b) $1,379,000 the first year and $1,379,000 new text end 3.13 new text begin the second year are for the Legislative new text end 3.14 new text begin Reference Library. new text end 3.15 new text begin (c) $5,833,000 the first year and $5,833,000 new text end 3.16 new text begin the second year are for the Office of the new text end 3.17 new text begin Legislative Auditor. new text end 3.18 new text begin (d) $10,000 the first year is for purposes new text end 3.19 new text begin of the legislators' forum, through which new text end 3.20 new text begin Minnesota legislators meet with counterparts new text end 3.21 new text begin from South Dakota, North Dakota, and new text end 3.22 new text begin Manitoba to discuss issues of mutual new text end 3.23 new text begin concern. This appropriation is available until new text end 3.24 new text begin June 30, 2011. new text end 3.25 3.26 Sec. 3. new text begin GOVERNOR AND LIEUTENANT new text end new text begin GOVERNOR new text end new text begin $ new text end new text begin 4,245,000 new text end new text begin $ new text end new text begin 4,245,000 new text end 3.27 new text begin This appropriation is to fund the Office of the new text end 3.28 new text begin Governor and Lieutenant Governor. new text end 3.29 new text begin $19,000 the first year and $19,000 the new text end 3.30 new text begin second year are for necessary expenses in new text end 3.31 new text begin the normal performance of the governor's new text end 3.32 new text begin and lieutenant governor's duties for which no new text end 3.33 new text begin other reimbursement is provided. new text end 4.1 Sec. 4. new text begin STATE AUDITOR new text end new text begin $ new text end new text begin 9,858,000 new text end new text begin $ new text end new text begin 9,178,000 new text end 4.2 new text begin $680,000 the first year is for additional audit new text end 4.3 new text begin activities under the American Recovery new text end 4.4 new text begin and Reinvestment Act of 2009. This new text end 4.5 new text begin appropriation remains available through June new text end 4.6 new text begin 30, 2011. new text end 4.7 Sec. 5. new text begin ATTORNEY GENERAL new text end new text begin $ new text end new text begin 25,631,000 new text end new text begin $ new text end new text begin 25,631,000 new text end 4.8 new text begin Appropriations by Fund new text end 4.9 new text begin 2010 new text end new text begin 2011 new text end 4.10 new text begin General new text end new text begin 23,409,000 new text end new text begin 23,409,000 new text end 4.11 4.12 new text begin State Government new text end new text begin Special Revenue new text end new text begin 1,827,000 new text end new text begin 1,827,000 new text end 4.13 new text begin Environmental new text end new text begin 145,000 new text end new text begin 145,000 new text end 4.14 new text begin Remediation new text end new text begin 250,000 new text end new text begin 250,000 new text end 4.15 Sec. 6. new text begin SECRETARY OF STATE new text end new text begin $ new text end new text begin 5,910,000 new text end new text begin $ new text end new text begin 5,909,000 new text end 4.16 new text begin Any funds available in the account new text end 4.17 new text begin established in Minnesota Statutes, section new text end 4.18 new text begin 5.30, pursuant to the Help America Vote Act, new text end 4.19 new text begin are appropriated for the purposes and uses new text end 4.20 new text begin authorized by federal law. new text end 4.21 4.22 Sec. 7. new text begin CAMPAIGN FINANCE AND PUBLIC new text end new text begin DISCLOSURE BOARD new text end new text begin $ new text end new text begin 698,000 new text end new text begin $ new text end new text begin 698,000 new text end 4.23 Sec. 8. new text begin INVESTMENT BOARD new text end new text begin $ new text end new text begin 151,000 new text end new text begin $ new text end new text begin 151,000 new text end 4.24 4.25 Sec. 9. new text begin OFFICE OF ENTERPRISE new text end new text begin TECHNOLOGY new text end new text begin $ new text end new text begin 5,758,000 new text end new text begin $ new text end new text begin 5,758,000 new text end 4.26 new text begin The requirements imposed on the new text end 4.27 new text begin commissioner of finance and the chief new text end 4.28 new text begin information officer under Laws 2007, chapter new text end 4.29 new text begin 148, article 1, section 10, paragraph (e), new text end 4.30 new text begin regarding the determination of the savings new text end 4.31 new text begin attributable to the electronic licensing new text end 4.32 new text begin system and information technology security new text end 4.33 new text begin improvements are inoperative. new text end 5.1 Sec. 10. new text begin ADMINISTRATIVE HEARINGS new text end new text begin $ new text end new text begin 7,525,000 new text end new text begin $ new text end new text begin 7,525,000 new text end 5.2 new text begin Appropriations by Fund new text end 5.3 new text begin 2010 new text end new text begin 2011 new text end 5.4 new text begin General new text end new text begin 275,000 new text end new text begin 275,000 new text end 5.5 5.6 new text begin Workers' new text end new text begin Compensation new text end new text begin 7,250,000 new text end new text begin 7,250,000 new text end 5.7 Sec. 11. new text begin ADMINISTRATION new text end 5.8 new text begin Subdivision 1. new text end new text begin Total Appropriation new text end new text begin $ new text end new text begin 19,260,000 new text end new text begin $ new text end new text begin 18,905,000 new text end 5.9 new text begin Appropriations by Fund new text end 5.10 new text begin 2010 new text end new text begin 2011 new text end 5.11 new text begin General new text end new text begin 19,010,000 new text end new text begin 18,905,000 new text end 5.12 5.13 new text begin Special Revenue new text end new text begin Fund new text end new text begin 250,000 new text end new text begin 0 new text end 5.14 new text begin The amounts that may be spent for each new text end 5.15 new text begin purpose are specified in the following new text end 5.16 new text begin subdivisions. new text end 5.17 new text begin Subd. 2. new text end new text begin Government and Citizen Services new text end new text begin 17,384,000 new text end new text begin 17,054,000 new text end 5.18 new text begin Appropriations by Fund new text end 5.19 new text begin General new text end new text begin 17,134,000 new text end new text begin 17,054,000 new text end 5.20 5.21 new text begin Special Revenue new text end new text begin Fund new text end new text begin 250,000 new text end new text begin 0 new text end 5.22 new text begin (a) $802,000 the first year and $802,000 new text end 5.23 new text begin the second year are for the Minnesota new text end 5.24 new text begin Geospatial Information Office. Of the total new text end 5.25 new text begin appropriation, $10,000 per year is intended new text end 5.26 new text begin for preparation of township acreage data in new text end 5.27 new text begin Laws 2008, chapter 366, article 17, section new text end 5.28 new text begin 7, subdivision 3. new text end 5.29 new text begin (b) $74,000 the first year and $74,000 new text end 5.30 new text begin the second year are for the Council on new text end 5.31 new text begin Developmental Disabilities. new text end 5.32 new text begin (c) $134,000 the first year and $134,000 the new text end 5.33 new text begin second year are for a grant to the Council on new text end 5.34 new text begin Developmental Disabilities for the purpose new text end 5.35 new text begin of establishing a statewide self-advocacy new text end 6.1 new text begin network for persons with intellectual and new text end 6.2 new text begin developmental disabilities (ID/DD). The new text end 6.3 new text begin self-advocacy network shall: (1) ensure new text end 6.4 new text begin that persons with ID/DD are informed new text end 6.5 new text begin of their rights in employment, housing, new text end 6.6 new text begin transportation, voting, government policy, new text end 6.7 new text begin and other issues pertinent to the ID/DD new text end 6.8 new text begin community; (2) provide public education new text end 6.9 new text begin and awareness of the civil and human new text end 6.10 new text begin rights issues persons with ID/DD face; (3) new text end 6.11 new text begin provide funds, technical assistance, and new text end 6.12 new text begin other resources for self-advocacy groups new text end 6.13 new text begin across the state; and (4) organize systems of new text end 6.14 new text begin communications to facilitate an exchange of new text end 6.15 new text begin information between self-advocacy groups. new text end 6.16 new text begin (d) $250,000 the first year and $170,000 the new text end 6.17 new text begin second year are to fund activities to prepare new text end 6.18 new text begin for and promote the 2010 census. new text end 6.19 new text begin (e) $206,000 the first year and $206,000 the new text end 6.20 new text begin second year are for the Office of the State new text end 6.21 new text begin Archaeologist. new text end 6.22 new text begin (f) The requirements imposed on new text end 6.23 new text begin the commissioner of finance and the new text end 6.24 new text begin commissioner of administration under new text end 6.25 new text begin Laws 2007, chapter 148, article 1, section new text end 6.26 new text begin 12, subdivision 2, paragraph (b), relating new text end 6.27 new text begin to the savings attributable to the real new text end 6.28 new text begin property portfolio management system are new text end 6.29 new text begin inoperative. new text end 6.30 new text begin (g) $250,000 is appropriated to the new text end 6.31 new text begin commissioner of administration from the new text end 6.32 new text begin information and telecommunications account new text end 6.33 new text begin in the special revenue fund to continue new text end 6.34 new text begin planning for data center consolidation, new text end 6.35 new text begin including completing a predesign study new text end 7.1 new text begin and lifecycle cost analysis, and exploring new text end 7.2 new text begin technologies to reduce energy consumption new text end 7.3 new text begin and operating costs. new text end 7.4 new text begin (f) $8,388,000 the first year and $8,388,000 new text end 7.5 new text begin the second year are for office space costs of new text end 7.6 new text begin the legislature and veterans organizations, new text end 7.7 new text begin for ceremonial space, and for statutorily free new text end 7.8 new text begin space. new text end 7.9 new text begin Subd. 3. new text end new text begin Administrative Management Support new text end new text begin 1,876,000 new text end new text begin 1,851,000 new text end 7.10 new text begin $125,000 each year is for the Office of new text end 7.11 new text begin Grant Management. During the biennium new text end 7.12 new text begin ending June 30, 2011, the commissioner new text end 7.13 new text begin must recover this amount through deductions new text end 7.14 new text begin in state grants subject to the jurisdiction new text end 7.15 new text begin of the office. The amount deducted from new text end 7.16 new text begin appropriations for these grants must be new text end 7.17 new text begin deposited in the general fund. new text end 7.18 new text begin $25,000 the first year is for the Office new text end 7.19 new text begin of Grants Management to study and new text end 7.20 new text begin make recommendations on improving new text end 7.21 new text begin collaborative activities between the state, new text end 7.22 new text begin nonprofit entities, and the private sector, new text end 7.23 new text begin including: (1) recommendations for new text end 7.24 new text begin expanding successful initiatives involving new text end 7.25 new text begin not-for-profit organizations that have new text end 7.26 new text begin demonstrated measurable, positive results new text end 7.27 new text begin in addressing high-priority community new text end 7.28 new text begin issues; and (2) recommendations on grant new text end 7.29 new text begin requirements and design to encourage new text end 7.30 new text begin programs receiving grants to become new text end 7.31 new text begin self-sufficient. The office may appoint an new text end 7.32 new text begin advisory group to assist in the study and new text end 7.33 new text begin recommendations. The office must report new text end 7.34 new text begin its recommendations to the legislature by new text end 7.35 new text begin January 15, 2010. new text end 8.1 8.2 8.3 Sec. 12. new text begin CAPITOL AREA new text end new text begin ARCHITECTURAL AND PLANNING new text end new text begin BOARD new text end new text begin $ new text end new text begin 354,000 new text end new text begin $ new text end new text begin 354,000 new text end 8.4 Sec. 13. new text begin FINANCE new text end new text begin $ new text end new text begin 20,530,000 new text end new text begin $ new text end new text begin 20,030,000 new text end 8.5 new text begin $500,000 the first year is for oversight and new text end 8.6 new text begin reporting of federal funds received under the new text end 8.7 new text begin American Recovery and Reinvestment Act new text end 8.8 new text begin of 2009. This appropriation is available until new text end 8.9 new text begin June 30, 2011. new text end 8.10 Sec. 14. new text begin REVENUE new text end 8.11 new text begin Subdivision 1. new text end new text begin Total Appropriation new text end new text begin $ new text end new text begin 127,802,000 new text end new text begin $ new text end new text begin 130,275,000 new text end 8.12 new text begin Appropriations by Fund new text end 8.13 new text begin 2010 new text end new text begin 2011 new text end 8.14 new text begin General new text end new text begin 123,555,000 new text end new text begin 126,040,000 new text end 8.15 new text begin Health Care Access new text end new text begin 1,761,000 new text end new text begin 1,749,000 new text end 8.16 8.17 new text begin Highway User Tax new text end new text begin Distribution new text end new text begin 2,183,000 new text end new text begin 2,183,000 new text end 8.18 new text begin Environmental new text end new text begin 303,000 new text end new text begin 303,000 new text end 8.19 new text begin The amounts that may be spent for each new text end 8.20 new text begin purpose are specified in subdivisions 2 and 3. new text end 8.21 new text begin Subd. 2. new text end new text begin Tax System Management new text end new text begin 103,528,000 new text end new text begin 105,379,000 new text end 8.22 new text begin Appropriations by Fund new text end 8.23 new text begin General new text end new text begin 99,281,000 new text end new text begin 101,144,000 new text end 8.24 new text begin Health Care Access new text end new text begin 1,761,000 new text end new text begin 1,749,000 new text end 8.25 8.26 new text begin Highway User Tax new text end new text begin Distribution new text end new text begin 2,183,000 new text end new text begin 2,183,000 new text end 8.27 new text begin Environmental new text end new text begin 303,000 new text end new text begin 303,000 new text end 8.28 new text begin The requirements imposed on the new text end 8.29 new text begin commissioners of finance and revenue under new text end 8.30 new text begin Laws 2007, chapter 148, article 1, section new text end 8.31 new text begin 16, subdivision 2, paragraph (d), relating to new text end 8.32 new text begin the determination of savings attributable to new text end 8.33 new text begin implementing the integrated tax software new text end 8.34 new text begin package are inoperative. new text end 9.1 new text begin (a) $1,925,000 the first year and $3,788,000 new text end 9.2 new text begin the second year are for additional activities new text end 9.3 new text begin to identify and collect tax liabilities from new text end 9.4 new text begin individuals and businesses that currently new text end 9.5 new text begin do not pay all taxes owed. This initiative new text end 9.6 new text begin is expected to result in new general fund new text end 9.7 new text begin revenues of $12,825,000 for the biennium new text end 9.8 new text begin ending June 30, 2011. new text end 9.9 new text begin (b) The department must report to the chairs new text end 9.10 new text begin of the house of representatives Ways and new text end 9.11 new text begin Means and senate Finance Committees by new text end 9.12 new text begin March 1, 2010, and January 15, 2011, on the new text end 9.13 new text begin following performance indicators: new text end 9.14 new text begin (1) the number of corporations noncompliant new text end 9.15 new text begin with the corporate tax system each year and new text end 9.16 new text begin the percentage and dollar amounts of valid new text end 9.17 new text begin tax liabilities collected; new text end 9.18 new text begin (2) the number of businesses noncompliant new text end 9.19 new text begin with the sales and use tax system and the new text end 9.20 new text begin percentage and dollar amount of the valid tax new text end 9.21 new text begin liabilities collected; and new text end 9.22 new text begin (3) the number of individual noncompliant new text end 9.23 new text begin cases resolved and the percentage and dollar new text end 9.24 new text begin amounts of valid tax liabilities collected. new text end 9.25 new text begin Subd. 3. new text end new text begin Debt Collection Management new text end new text begin 24,274,000 new text end new text begin 24,896,000 new text end 9.26 new text begin $588,000 the first year and $1,210,000 the new text end 9.27 new text begin second year are for additional activities new text end 9.28 new text begin to identify and collect tax liabilities from new text end 9.29 new text begin individuals and businesses that currently new text end 9.30 new text begin do not pay all taxes owed. This initiative new text end 9.31 new text begin is expected to result in new general fund new text end 9.32 new text begin revenues of $17,250,000 for the biennium new text end 9.33 new text begin ending June 30, 2011. new text end 9.34 Sec. 15. new text begin GAMBLING CONTROL new text end new text begin $ new text end new text begin 2,940,000 new text end new text begin $ new text end new text begin 2,940,000 new text end 10.1 new text begin These appropriations are from the lawful new text end 10.2 new text begin gambling regulation account in the special new text end 10.3 new text begin revenue fund. new text end 10.4 Sec. 16. new text begin RACING COMMISSION new text end new text begin $ new text end new text begin 899,000 new text end new text begin $ new text end new text begin 899,000 new text end 10.5 new text begin These appropriations are from the racing new text end 10.6 new text begin and card playing regulation accounts in the new text end 10.7 new text begin special revenue fund. new text end 10.8 Sec. 17. new text begin STATE LOTTERY new text end 10.9 new text begin Notwithstanding Minnesota Statutes, section new text end 10.10 new text begin , subdivision 3, the operating budget new text end 10.11 new text begin must not exceed $28,111,000 in fiscal year new text end 10.12 new text begin 2010 and $28,740,000 in fiscal year 2011. new text end 10.13 Sec. 18. new text begin TORT CLAIMS new text end new text begin $ new text end new text begin 161,000 new text end new text begin $ new text end new text begin 161,000 new text end 10.14 new text begin To be spent by the commissioner of finance new text end 10.15 new text begin according to Minnesota Statutes, section new text end 10.16 new text begin 3.736, subdivision 7. If the appropriation for new text end 10.17 new text begin either year is insufficient, the appropriation new text end 10.18 new text begin for the other year is available for it. new text end 10.19 10.20 Sec. 19. new text begin MINNESOTA STATE RETIREMENT new text end new text begin SYSTEM new text end 10.21 new text begin Subdivision 1. new text end new text begin Total Appropriation new text end new text begin $ new text end new text begin 2,346,000 new text end new text begin $ new text end new text begin 2,405,000 new text end 10.22 new text begin The amounts that may be spent for each new text end 10.23 new text begin purpose are specified in the following new text end 10.24 new text begin subdivisions. new text end 10.25 new text begin Subd. 2. new text end new text begin Legislators new text end new text begin 1,889,000 new text end new text begin 1,937,000 new text end 10.26 new text begin Under Minnesota Statutes, sections 3A.03, new text end 10.27 new text begin subdivision 2; new text end new text begin , subdivisions 3 and 4; new text end 10.28 new text begin and new text end new text begin . new text end 10.29 new text begin Subd. 3. new text end new text begin Constitutional Officers new text end new text begin 457,000 new text end new text begin 468,000 new text end 10.30 new text begin Under Minnesota Statutes, section 352C.001. new text end 11.1 new text begin If an appropriation in this section for either new text end 11.2 new text begin year is insufficient, the appropriation for the new text end 11.3 new text begin other year is available for it. new text end 11.4 11.5 Sec. 20. new text begin MINNEAPOLIS EMPLOYEES new text end new text begin RETIREMENT FUND new text end new text begin $ new text end new text begin 9,000,000 new text end new text begin $ new text end new text begin 9,000,000 new text end 11.6 new text begin These amounts are estimated to be needed new text end 11.7 new text begin under Minnesota Statutes, section 422A.101, new text end 11.8 new text begin subdivision 3. new text end 11.9 11.10 Sec. 21. new text begin TEACHERS RETIREMENT new text end new text begin ASSOCIATION new text end new text begin $ new text end new text begin 15,454,000 new text end new text begin $ new text end new text begin 15,454,000 new text end 11.11 new text begin The amounts estimated to be needed are as new text end 11.12 new text begin specified in paragraphs (a) and (b): new text end 11.13 new text begin (a) $12,954,000 the first year and new text end 11.14 new text begin $12,954,000 the second year are for special new text end 11.15 new text begin direct state aid authorized under Minnesota new text end 11.16 new text begin Statutes, section 354A.12, subdivisions 3a new text end 11.17 new text begin and 3c. new text end 11.18 new text begin (b) $2,500,000 the first year and $2,500,000 new text end 11.19 new text begin the second year are for special direct state new text end 11.20 new text begin matching aid authorized under Minnesota new text end 11.21 new text begin Statutes, section 354A.12, subdivision 3b. new text end 11.22 11.23 Sec. 22. new text begin ST. PAUL TEACHERS new text end new text begin RETIREMENT FUND new text end new text begin $ new text end new text begin 2,827,000 new text end new text begin $ new text end new text begin 2,827,000 new text end 11.24 new text begin The amounts estimated to be needed for new text end 11.25 new text begin special direct state aid to first class city new text end 11.26 new text begin teachers retirement funds authorized under new text end 11.27 new text begin Minnesota Statutes, section new text end new text begin , new text end 11.28 new text begin subdivisions 3a and 3c. new text end 11.29 11.30 Sec. 23. new text begin DULUTH TEACHERS new text end new text begin RETIREMENT FUND new text end new text begin $ new text end new text begin 346,000 new text end new text begin $ new text end new text begin 346,000 new text end 11.31 new text begin The amounts estimated to be needed for new text end 11.32 new text begin special direct state aid to first class city new text end 11.33 new text begin teachers retirement funds authorized under new text end 12.1 new text begin Minnesota Statutes, section new text end new text begin , new text end 12.2 new text begin subdivisions 3a and 3c. new text end 12.3 12.4 Sec. 24. new text begin GENERAL CONTINGENT new text end new text begin ACCOUNTS new text end new text begin $ new text end new text begin 2,775,000 new text end new text begin $ new text end new text begin 500,000 new text end 12.5 new text begin Appropriations by Fund new text end 12.6 new text begin 2010 new text end new text begin 2011 new text end 12.7 new text begin General new text end new text begin 2,275,000 new text end new text begin 0 new text end 12.8 12.9 new text begin State Government new text end new text begin Special Revenue new text end new text begin 400,000 new text end new text begin 400,000 new text end 12.10 12.11 new text begin Workers' new text end new text begin Compensation new text end new text begin 100,000 new text end new text begin 100,000 new text end 12.12 new text begin (a) The appropriations in this section new text end 12.13 new text begin may only be spent with the approval of new text end 12.14 new text begin the governor after consultation with the new text end 12.15 new text begin Legislative Advisory Commission pursuant new text end 12.16 new text begin to Minnesota Statutes, section 3.30. new text end 12.17 new text begin (b) Of the appropriation to the general fund new text end 12.18 new text begin contingent account, $1,775,000 is a onetime new text end 12.19 new text begin appropriation for potential state matching new text end 12.20 new text begin requirements needed to maximize receipt of new text end 12.21 new text begin federal funds under the American Recovery new text end 12.22 new text begin and Reinvestment Act of 2009. new text end 12.23 new text begin (c) If an appropriation in this section for new text end 12.24 new text begin either year is insufficient, the appropriation new text end 12.25 new text begin for the other year is available for it. new text end 12.26 new text begin (d) If a contingent account appropriation new text end 12.27 new text begin is made in one fiscal year, it should be new text end 12.28 new text begin considered a biennial appropriation. new text end 12.29 Sec. 25. new text begin AMATEUR SPORTS COMMISSION new text end new text begin $ new text end new text begin 270,000 new text end new text begin $ new text end new text begin 270,000 new text end 12.30 new text begin The amount available for appropriation to new text end 12.31 new text begin the commission under Laws 2005, chapter new text end 12.32 new text begin 156, article 2, section 43, is reduced in the new text end 12.33 new text begin first year and the second year by the amounts new text end 12.34 new text begin appropriated in this section. new text end 13.1 13.2 Sec. 26. new text begin COUNCIL ON BLACK new text end new text begin MINNESOTANS new text end new text begin $ new text end new text begin 316,000 new text end new text begin $ new text end new text begin 316,000 new text end 13.3 13.4 Sec. 27. new text begin COUNCIL ON CHICANO/LATINO new text end new text begin AFFAIRS new text end new text begin $ new text end new text begin 298,000 new text end new text begin $ new text end new text begin 298,000 new text end 13.5 13.6 Sec. 28. new text begin COUNCIL ON ASIAN-PACIFIC new text end new text begin MINNESOTANS new text end new text begin $ new text end new text begin 275,000 new text end new text begin $ new text end new text begin 275,000 new text end 13.7 Sec. 29. new text begin INDIAN AFFAIRS COUNCIL new text end new text begin $ new text end new text begin 500,000 new text end new text begin $ new text end new text begin 500,000 new text end 13.8 new text begin $32,000 each year is for activities of the new text end 13.9 new text begin council relating to Indian burial sites, new text end 13.10 new text begin including activities relating to unfunded new text end 13.11 new text begin federal mandates. new text end 13.12    Sec. 30. new text begin PROBLEM GAMBLING APPROPRIATION. new text end 13.13     new text begin $225,000 in fiscal year 2010 and $225,000 in fiscal year 2011 are appropriated from new text end 13.14 new text begin the lottery prize fund to the Gambling Control Board for a grant to the state affiliate new text end 13.15 new text begin recognized by the National Council on Problem Gambling. The affiliate must provide new text end 13.16 new text begin services to increase public awareness of problem gambling, education and training for new text end 13.17 new text begin individuals and organizations providing effective treatment services to problem gamblers new text end 13.18 new text begin and their families, and research relating to problem gambling. These services must be new text end 13.19 new text begin complimentary to and not duplicative of the services provided through the problem new text end 13.20 new text begin gambling program administered by the commissioner of human services. Of this new text end 13.21 new text begin appropriation, $50,000 in fiscal year 2010 and $50,000 in fiscal year 2011 are contingent new text end 13.22 new text begin on the contribution of nonstate matching funds. Matching funds may be either cash or new text end 13.23 new text begin qualifying in-kind contributions. The commissioner of finance may disburse the state new text end 13.24 new text begin portion of the matching funds in increments of $25,000 upon receipt of a commitment for new text end 13.25 new text begin an equal amount of matching nonstate funds. These are onetime appropriations. new text end 13.26    Sec. 31. new text begin MANAGERIAL POSITION REDUCTIONS. new text end 13.27 new text begin The governor must reduce the number of deputy commissioners, assistant new text end 13.28 new text begin commissioners, and positions designated as unclassified under authority of Minnesota new text end 13.29 new text begin Statutes, section 43A.08, subdivision 1a, by an amount that will generate savings to the new text end 13.30 new text begin general fund of $16,488,000 in the biennium ending June 30, 2011, and $16,488,000 in new text end 13.31 new text begin the biennium ending June 30, 2013. The commissioner of finance shall determine the new text end 14.1 new text begin costs of salaries and benefits attributable to the positions eliminated by this section, and new text end 14.2 new text begin reduce the appropriation to each affected agency accordingly. new text end 14.3ARTICLE 2 14.4STATE GOVERNMENT OPERATIONS 14.5    Section 1. new text begin [3.057] ENTERPRISE SERVICES AND GOVERNMENT new text end 14.6 new text begin EFFICIENCY. new text end 14.7 new text begin The finance committee divisions in the house of representatives and the senate new text end 14.8 new text begin with jurisdiction over state government finance issues must be known as the "Enterprise new text end 14.9 new text begin Services and Government Efficiency Finance Divisions," and must conduct periodic new text end 14.10 new text begin Kaizen events to ensure that the divisions operate in a LEAN manner. new text end 14.11    Sec. 2. new text begin [3.091] REDUCED CARBON FOOTPRINT; TELECOMMUTING. new text end 14.12 new text begin To reduce the carbon footprint associated with travel to work by legislative new text end 14.13 new text begin employees, each legislative appointing authority must offer each legislative employee: new text end 14.14 new text begin (1) the option to telecommute from home for up to 20 percent of the work days during new text end 14.15 new text begin the portion of the year that the legislature is not meeting in a regular or special session; or new text end 14.16 new text begin (2) the option to work four ten-hour days each week, or a similar schedule that will new text end 14.17 new text begin reduce commuting to work by 20 percent, during the portion of the year that the legislature new text end 14.18 new text begin is not meeting in a regular or special session. new text end 14.19 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 14.20    Sec. 3. Minnesota Statutes 2008, section 3.97, is amended by adding a subdivision to 14.21read: 14.22     new text begin Subd. 2a. new text end new text begin Review of financial management and internal controls. new text end new text begin The new text end 14.23 new text begin commission shall monitor internal control systems in state government to the extent new text end 14.24 new text begin necessary to ensure that management has established and implemented effective systems new text end 14.25 new text begin and procedures. The commission shall also review legislative auditor audits and reports new text end 14.26 new text begin and make recommendations, as the commission determines necessary, for improvements new text end 14.27 new text begin in the state's system of financial management. In furtherance of these duties, the new text end 14.28 new text begin commission shall: new text end 14.29 new text begin (1) receive reports and recommendations from the legislative auditor, the financial new text end 14.30 new text begin controls council, and from internal auditors in state agencies; new text end 15.1 new text begin (2) review significant findings and recommendations from the legislative auditor's new text end 15.2 new text begin financial audits of state agencies and from agency internal auditors, together with state new text end 15.3 new text begin agency management's responses and action plans; new text end 15.4 new text begin (3) review the scope of annual audit plans for the state's internal audit function; new text end 15.5 new text begin (4) review the qualifications, performance, and objectivity of the state's internal audit new text end 15.6 new text begin function, including the activities of the commissioner in section 16A.056; new text end 15.7 new text begin (5) review with the legislative auditor any audit problems or difficulties and new text end 15.8 new text begin management's responses, any difficulties the auditor encountered during the course of new text end 15.9 new text begin the audit work, including any restrictions on the scope of the auditor's activities or on new text end 15.10 new text begin access to requested information, and any significant disagreements between the auditor new text end 15.11 new text begin and management; new text end 15.12 new text begin (6) make recommendations to the governor and the legislature for changes in laws or new text end 15.13 new text begin policies necessary to deal with agencies that have not satisfactorily addressed repeated new text end 15.14 new text begin problems with financial controls; new text end 15.15 new text begin (7) make recommendations to the governor and the legislature for changes needed in new text end 15.16 new text begin state laws, policies, procedures, or personnel, to ensure an effective system of internal new text end 15.17 new text begin controls that safeguards public funds and assets and minimizes incidences of fraud, waste, new text end 15.18 new text begin and abuse; new text end 15.19 new text begin (8) conduct hearings as necessary regarding the effectiveness of internal control or new text end 15.20 new text begin internal audit functions of any state agency; and new text end 15.21 new text begin (9) contract with outside auditors as the commission determines is beneficial for the new text end 15.22 new text begin state's internal audit function and internal controls. new text end 15.23    Sec. 4. Minnesota Statutes 2008, section 3.971, subdivision 6, is amended to read: 15.24    Subd. 6. Financial audits. The legislative auditor shall audit the financial 15.25statements of the state of Minnesota required by section 16A.50 and, as resources permit, 15.26shall audit Minnesota State Colleges and Universities, the University of Minnesota, state 15.27agencies, departments, boards, commissions, courts, and other state organizations subject 15.28to audit by the legislative auditor, including the State Agricultural Society, Agricultural 15.29Utilization Research Institute, Enterprise Minnesota, Inc., Minnesota Historical 15.30Society, Labor Interpretive Center, Minnesota Partnership for Action Against Tobacco, 15.31Metropolitan Sports Facilities Commission, Metropolitan Airports Commission, and 15.32Metropolitan Mosquito Control District. Financial audits must be conducted according to 15.33generally accepted government auditing standards. The legislative auditor shall see that 15.34all provisions of law respecting the appropriate and economic use of public funds are 15.35complied with and may, as part of a financial audit or separately, investigate allegations of 16.1noncompliance by employees of departments and agencies of the state government and 16.2the other organizations listed in this subdivision. 16.3    Sec. 5. Minnesota Statutes 2008, section 3.975, is amended to read: 16.43.975 DUTIES CONCERNING MISUSE OF PUBLIC MONEY OR OTHER 16.5RESOURCES. 16.6If a legislative auditor's examination discloses new text begin that a state official or employee has new text end 16.7 new text begin used money for a purpose other than the purpose for which the money was appropriated new text end 16.8 new text begin or discloses any other new text end misuse of public money or other public resources, the legislative 16.9auditor shall file a report with the Legislative Audit Commission, the attorney general, and 16.10the appropriate county attorney. The attorney general shall seek recovery of money and 16.11other resources as the evidence may warrant. The county attorney shall cause criminal 16.12proceedings to be instituted as the evidence may warrant. 16.13 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 16.14    Sec. 6. new text begin [4.041] GOVERNOR'S OFFICE BUDGET. new text end 16.15 new text begin Any personnel costs attributable to the office of the governor and the lieutenant new text end 16.16 new text begin governor must be accounted for through an appropriation to the office of the governor. new text end 16.17 new text begin The office of the governor and the lieutenant governor may not enter into agreements with new text end 16.18 new text begin other executive branch agencies under which these personnel costs are supported by new text end 16.19 new text begin appropriations to other agencies. new text end 16.20    Sec. 7. Minnesota Statutes 2008, section 4A.02, is amended to read: 16.214A.02 STATE DEMOGRAPHER. 16.22(a) The director shall appoint a state demographer. The demographer must be 16.23professionally competent in demography and must possess demonstrated ability based 16.24upon past performance. 16.25(b) The demographer shall: 16.26(1) continuously gather and develop demographic data relevant to the state; 16.27(2) design and test methods of research and data collection; 16.28(3) periodically prepare population projections for the state and designated regions 16.29and periodically prepare projections for each county or other political subdivision of the 16.30state as necessary to carry out the purposes of this section; 17.1(4) review, comment on, and prepare analysis of population estimates and 17.2projections made by state agencies, political subdivisions, other states, federal agencies, or 17.3nongovernmental persons, institutions, or commissions; 17.4(5) serve as the state liaison with the United States Bureau of the Census, coordinate 17.5state and federal demographic activities to the fullest extent possible, and aid the 17.6legislature in preparing a census data plan and form for each decennial census; 17.7(6) compile an annual study of population estimates on the basis of county, regional, 17.8or other political or geographical subdivisions as necessary to carry out the purposes of 17.9this section and section 4A.03; 17.10(7) by January 1 of each year, issue a report to the legislature containing an analysis 17.11of the demographic implications of the annual population study and population projections; 17.12(8) prepare maps for all counties in the state, all municipalities with a population 17.13of 10,000 or more, and other municipalities as needed for census purposes, according to 17.14scale and detail recommended by the United States Bureau of the Census, with the maps 17.15of cities showing precinct boundaries; 17.16(9) prepare an estimate of population and of the number of households for each 17.17governmental subdivision for which the Metropolitan Council does not prepare an annual 17.18estimate, and convey the estimates to the governing body of each political subdivision 17.19by June 1 of each year; 17.20(10) direct, under section 414.01, subdivision 14, and certify population and 17.21household estimates of annexed or detached areas of municipalities or towns after being 17.22notified of the order or letter of approval by the chief administrative law judge of the 17.23State Office of Administrative Hearings; 17.24(11) prepare, for any purpose for which a population estimate is required by law 17.25or needed to implement a law, a population estimate of a municipality or town whose 17.26population is affected by action under section 379.02 or 414.01, subdivision 14; and 17.27(12) prepare an estimate of average household size for each statutory or home rule 17.28charter city with a population of 2,500 or more by June 1 of each year. 17.29(c) A governing body may challenge an estimate made under paragraph (b) by filing 17.30their specific objections in writing with the state demographer by June 24. If the challenge 17.31does not result in an acceptable estimate, the governing body may have a special census 17.32conducted by the United States Bureau of the Census. The political subdivision must 17.33notify the state demographer by July 1 of its intent to have the special census conducted. 17.34The political subdivision must bear all costs of the special census. Results of the special 17.35census must be received by the state demographer by the next April 15 to be used in that 17.36year's June 1 estimate to the political subdivision under paragraph (b). 18.1(d) The state demographer shall certify the estimates of population and household 18.2size to the commissioner of revenue by July 15 each year, including any estimates still 18.3under objection. 18.4 new text begin (e) The state demographer shall release a demographic forecast in conjunction with new text end 18.5 new text begin the commissioner of finance and the November state economic forecast. new text end 18.6    Sec. 8. Minnesota Statutes 2008, section 5A.03, is amended to read: 18.75A.03 ORGANIZATION APPLICATION FOR REGISTRATION. 18.8(a) An application for registration as an international student exchange visitor 18.9placement organization must be submitted in the form prescribed by the secretary of 18.10state. The application must include: 18.11(1) evidence that the organization meets the standards established by the secretary of 18.12state by rule; 18.13(2) the name, address, and telephone number of the organization, its chief executive 18.14officer, and the person within the organization who has primary responsibility for 18.15supervising placements within the state; 18.16(3) the organization's unified business identification number, if any; 18.17(4) the organization's United States Information Agency number, if any; 18.18(5) evidence of Council on Standards for International Educational Travel listing, if 18.19any; 18.20(6) whether the organization is exempt from federal income tax; and 18.21(7) a list of the organization's placements in Minnesota for the previous academic 18.22year including the number of students placed, their home countries, the school districts in 18.23which they were placed, and the length of their placements. 18.24(b) The application must be signed by the chief executive officer of the organization 18.25and the person within the organization who has primary responsibility for supervising 18.26placements within Minnesota. If the secretary of state determines that the application is 18.27complete, the secretary of state shall file the application and the applicant is registered. 18.28(c) Organizations that have registered shall inform the secretary of state of any 18.29changes in the information required under paragraph (a), clause (1), within 30 days of the 18.30change. There is no fee to amend a registration. 18.31(d) Registration under this chapter is valid for one year. The registration may be 18.32renewed annually. The fee to renew a registration is $50 per year. 18.33(e) Organizations registering for the first time in Minnesota must pay an initial 18.34registration fee of $150. 19.1(f) Fees collected by the secretary of state under this section must be deposited in 19.2the state treasury and credited to the general fund and are added to the appropriation from 19.3which registration costs are paid new text begin as a nondedicated receipt new text end . 19.4    Sec. 9. Minnesota Statutes 2008, section 10.43, is amended to read: 19.510.43 TELEPHONE USE; APPROVAL. 19.6 new text begin (a) new text end Each representative, senator, constitutional officer, judge, and head of a state 19.7department or agency shall sign the person's monthly long-distance telephone bills paid 19.8by the state as evidence of the person's approval of each bill. new text begin This signature requirement new text end 19.9 new text begin does not apply to a month in which the person's long-distance phone bill paid by the new text end 19.10 new text begin state is less than $5. new text end 19.11 new text begin (b) Even if the monthly long-distance phone bill paid by the state for a person new text end 19.12 new text begin subject to this section is less than $5, the person is responsible for paying that portion of new text end 19.13 new text begin the bill that does not relate to state business. As provided in section 10.46, long-distance new text end 19.14 new text begin telephone bills paid by the state are public data, regardless of the amount of the bills. new text end 19.15 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for telephone bills for usage on or new text end 19.16 new text begin after July 1, 2009. new text end 19.17    Sec. 10. new text begin [10.49] NAMING. new text end 19.18     new text begin Laws must not be named for living people, and laws may not name councils, new text end 19.19 new text begin buildings, roads, or other facilities or entities after living people. new text end 19.20    Sec. 11. Minnesota Statutes 2008, section 10.60, subdivision 2, is amended to read: 19.21    Subd. 2. Purpose of Web site and publications. The purpose of a Web site and 19.22a publication new text begin publications new text end must be to provide information about the duties and jurisdiction 19.23of a state agency or political subdivision or new text begin and new text end to facilitate access to public services and 19.24information related to the responsibilities or functions of the state agency or political 19.25subdivision. 19.26    Sec. 12. Minnesota Statutes 2008, section 10.60, is amended by adding a subdivision 19.27to read: 19.28     new text begin Subd. 2a. new text end new text begin Contact information. new text end new text begin The home page of a Web site maintained by new text end 19.29 new text begin a state agency must prominently display an e-mail address at which the agency may be new text end 19.30 new text begin contacted and a telephone number that will be answered by a human being to the greatest new text end 20.1 new text begin extent possible, located in Minnesota, during normal business hours. A state agency must new text end 20.2 new text begin comply with the requirements of this subdivision with existing resources. new text end 20.3    Sec. 13. Minnesota Statutes 2008, section 11A.07, subdivision 4, is amended to read: 20.4    Subd. 4. Duties and powers. The director, at the direction of the state board, shall: 20.5(1) plan, direct, coordinate, and execute administrative and investment functions 20.6in conformity with the policies and directives of the state board and the requirements of 20.7this chapter and of chapter 356A; 20.8(2) prepare and submit biennial and annual budgets to the board and with the 20.9approval of the board submit the budgets to the Department of Finance; 20.10(3) employ professional and clerical staff as necessary. Employees whose primary 20.11responsibility is to invest or manage money or employees who hold positions designated 20.12as unclassified under section 43A.08, subdivision 1a, are in the unclassified service of the 20.13state. Other employees are in the classified service. Unclassified employees who are 20.14not covered by a collective bargaining agreement are employed under the terms and 20.15conditions of the compensation plan approved under section 43A.18, subdivision 3b; 20.16(4) report to the state board on all operations under the director's control and 20.17supervision; 20.18(5) maintain accurate and complete records of securities transactions and official 20.19activities; 20.20(6) establish a policy relating to the purchase and sale of securities on the basis of 20.21competitive offerings or bids. The policy is subject to board approval; 20.22(7) cause securities acquired to be kept in the custody of the commissioner of finance 20.23or other depositories consistent with chapter 356A, as the state board deems appropriate; 20.24(8) prepare and file with the director of the Legislative Reference Library, by 20.25December 31 of each year, a report summarizing the activities of the state board, the 20.26council, and the director during the preceding fiscal year. The report must be prepared 20.27so as to provide the legislature and the people of the state with a clear, comprehensive 20.28summary of the portfolio composition, the transactions, the total annual rate of return, 20.29and the yield to the state treasury and to each of the funds whose assets are invested by 20.30the state board, and the recipients of business placed or commissions allocated among 20.31the various commercial banks, investment bankers, new text begin money managers, new text end and brokerage 20.32organizations new text begin and the amount of these commissions or other fees new text end . The report must contain 20.33financial statements for funds managed by the board prepared in accordance with generally 20.34accepted accounting principles new text begin . The report must include an executive summary new text end ; 21.1 new text begin (9) include on the state board's Web site its annual and quarterly reports, including new text end 21.2 new text begin executive summaries; new text end 21.3(9) new text begin (10) new text end require state officials from any department or agency to produce and provide 21.4access to any financial documents the state board deems necessary in the conduct of 21.5its investment activities; 21.6(10) new text begin (11) new text end receive and expend legislative appropriations; and 21.7(11) new text begin (12) new text end undertake any other activities necessary to implement the duties and 21.8powers set forth in this subdivision consistent with chapter 356A. 21.9    Sec. 14. Minnesota Statutes 2008, section 13.64, is amended to read: 21.1013.64 DEPARTMENT OF ADMINISTRATION new text begin FINANCE new text end DATA. 21.11(a) Notes and preliminary drafts of reports created, collected, or maintained by the 21.12Management Analysis Division, Department of Administration new text begin finance new text end , and prepared 21.13during management studies, audits, reviews, consultations, or investigations are classified 21.14as confidential or protected nonpublic data until the final report has been published or 21.15preparation of the report is no longer being actively pursued. 21.16(b) Data that support the conclusions of the report and that the commissioner of 21.17administration new text begin finance new text end reasonably believes will result in litigation are confidential or 21.18protected nonpublic until the litigation has been completed or until the litigation is no 21.19longer being actively pursued. 21.20(c) Data on individuals that could reasonably be used to determine the identity of an 21.21individual supplying data for a report are private if: 21.22(1) the data supplied by the individual were needed for a report; and 21.23(2) the data would not have been provided to the Management Analysis Division 21.24without an assurance to the individual that the individual's identity would remain private, 21.25or the Management Analysis Division reasonably believes that the individual would not 21.26have provided the data. 21.27    Sec. 15. new text begin [15B.055] PARKING SPACES. new text end 21.28 new text begin To provide the public with greater access to legislative proceedings, all parking new text end 21.29 new text begin spaces on Aurora Avenue in front of the Capitol building must be reserved for the public. new text end 21.30    Sec. 16. new text begin [15C.01] DEFINITIONS. new text end 21.31     new text begin Subdivision 1. new text end new text begin Scope. new text end new text begin For purposes of this chapter, the terms in this section have new text end 21.32 new text begin the meanings given them. new text end 22.1     new text begin Subd. 2. new text end new text begin Claim. new text end new text begin "Claim" includes any request or demand, whether under a contract new text end 22.2 new text begin or otherwise, for money or property which is made to a contractor, grantee, or other new text end 22.3 new text begin recipient if the state has provided or will provide any portion of the money or property new text end 22.4 new text begin which is requested or demanded, or if the state has reimbursed or will reimburse the new text end 22.5 new text begin contractor, grantee, or other recipient for any portion of the money or property which is new text end 22.6 new text begin requested or demanded. new text end 22.7     new text begin Subd. 3. new text end new text begin Knowing and knowingly. new text end new text begin "Knowing" and "knowingly" mean that a new text end 22.8 new text begin person, with respect to information: new text end 22.9     new text begin (1) has actual knowledge of the information; new text end 22.10 new text begin (2) acts in deliberate ignorance of the truth or falsity of the information; or new text end 22.11     new text begin (3) acts in reckless disregard of the truth or falsity of the information. new text end 22.12 new text begin No proof of specific intent to defraud is required. new text end 22.13     new text begin Subd. 4. new text end new text begin Original source. new text end new text begin "Original source" means a person who has direct and new text end 22.14 new text begin independent knowledge of information which is probative of any essential element of the new text end 22.15 new text begin allegations in an action brought pursuant to this section which was not obtained from a new text end 22.16 new text begin public source and who either voluntarily provided the information to the state before new text end 22.17 new text begin bringing an action based on the information or whose information provided the basis for new text end 22.18 new text begin or caused an investigation, hearing, audit, or report that led to the public disclosure of the new text end 22.19 new text begin allegations or transactions upon which an action brought pursuant to this section is based. new text end 22.20     new text begin Subd. 5. new text end new text begin Person. new text end new text begin "Person" means any natural person, partnership, corporation, new text end 22.21 new text begin association or other legal entity, including the state and any department, agency, or new text end 22.22 new text begin political subdivision of the state. new text end 22.23     new text begin Subd. 6. new text end new text begin State. new text end new text begin "State" means the state of Minnesota and includes any department, new text end 22.24 new text begin agency, or political subdivision of the state. new text end 22.25    Sec. 17. new text begin [15C.02] LIABILITY FOR CERTAIN ACTS. new text end 22.26     new text begin Subdivision 1. new text end new text begin Liability. new text end new text begin (a) Any person who commits any of the acts in clauses (1) new text end 22.27 new text begin to (7) is liable to the state for a civil penalty of not less than $5,000 and not more than new text end 22.28 new text begin $10,000 per false claim, plus three times the amount of damages which the state sustains new text end 22.29 new text begin because of the act of that person, except as otherwise provided in paragraph (b): new text end 22.30     new text begin (1) knowingly presents, or causes to be presented, to an officer or employee of the new text end 22.31 new text begin state of Minnesota a false or fraudulent claim for payment or approval; new text end 22.32     new text begin (2) knowingly makes or uses, or causes to be made or used, a false record or new text end 22.33 new text begin statement to get a false or fraudulent claim paid or approved by the state; new text end 23.1     new text begin (3) knowingly conspires to either present a false or fraudulent claim to the state for new text end 23.2 new text begin payment or approval or make, use, or cause to be made or used a false record or statement new text end 23.3 new text begin to obtain payment or approval of a false or fraudulent claim; new text end 23.4     new text begin (4) has possession, custody, or control of public property or money used, or to be new text end 23.5 new text begin used, by the state and knowingly delivers or causes to be delivered to the state less money new text end 23.6 new text begin or property than the amount for which the person receives a receipt; new text end 23.7     new text begin (5) is authorized to prepare or deliver a receipt for money or property used, or to new text end 23.8 new text begin be used, by the state and knowingly prepares or delivers a receipt that falsely represents new text end 23.9 new text begin the money or property; new text end 23.10     new text begin (6) knowingly buys, or receives as a pledge of an obligation or debt, public property new text end 23.11 new text begin from an officer or employee of the state who lawfully may not sell or pledge the property; new text end 23.12 new text begin or new text end 23.13     new text begin (7) knowingly makes or uses, or causes to be made or used, a false record or new text end 23.14 new text begin statement to conceal, avoid, or decrease an obligation to pay or transmit money or new text end 23.15 new text begin property to the state. new text end 23.16     new text begin (b) The court may assess not less than two times the amount of damages which the new text end 23.17 new text begin state sustains because of the act of the person if: new text end 23.18     new text begin (1) the person committing a violation under paragraph (a) furnished officials of the new text end 23.19 new text begin state responsible for investigating the false claims violations with all information known new text end 23.20 new text begin to the person about the violation within 30 days after the date on which the defendant first new text end 23.21 new text begin obtained the information; new text end 23.22     new text begin (2) the person fully cooperated with any state investigation of the violation; and new text end 23.23     new text begin (3) at the time the person furnished the state with information about the violation, new text end 23.24 new text begin no criminal prosecution, civil action, or administrative action had commenced under this new text end 23.25 new text begin section with respect to the violation, and the person did not have actual knowledge of the new text end 23.26 new text begin existence of an investigation into the violation. new text end 23.27     new text begin (c) A person violating this section is also liable to the state for the costs of a civil new text end 23.28 new text begin action brought to recover any penalty or damages. new text end 23.29     new text begin Subd. 2. new text end new text begin Right to cure. new text end new text begin A person is not liable under this section for mere new text end 23.30 new text begin inadvertence or mistake with respect to activities involving a false or fraudulent claim. new text end 23.31    Sec. 18. new text begin [15C.03] EXCLUSION. new text end 23.32     new text begin This chapter does not apply to claims, records, or statements made under portions new text end 23.33 new text begin of Minnesota Statutes relating to taxation. new text end 23.34    Sec. 19. new text begin [15C.04] RESPONSIBILITIES OF ATTORNEY GENERAL. new text end 24.1     new text begin The attorney general may investigate violations of section 15C.02. If the attorney new text end 24.2 new text begin general finds that a person has violated or is violating section 15C.02, the attorney general new text end 24.3 new text begin may bring a civil action under this section against the person to enjoin any act in violation new text end 24.4 new text begin of section new text end new text begin and to recover damages and penalties. new text end 24.5    Sec. 20. new text begin [15C.05] PRIVATE REMEDIES; COMPLAINT UNDER SEAL; COPY new text end 24.6 new text begin OF COMPLAINT AND WRITTEN DISCLOSURE OF EVIDENCE TO BE SENT new text end 24.7 new text begin TO ATTORNEY GENERAL. new text end 24.8     new text begin (a) Except as otherwise provided in this section, a person may maintain an action new text end 24.9 new text begin pursuant to this section on the person's own account and that of the state if money, new text end 24.10 new text begin property, or services provided by the state are involved; the person's own account and new text end 24.11 new text begin that of a political subdivision if money, property, or services provided by the political new text end 24.12 new text begin subdivision are involved; or on the person's own account and that of both the state and a new text end 24.13 new text begin political subdivision if both are involved. After such an action is commenced, it may be new text end 24.14 new text begin voluntarily dismissed only if the court and the attorney general give written consent to the new text end 24.15 new text begin dismissal and their reasons for consenting. new text end 24.16     new text begin (b) If an action is brought pursuant to this section, no other person may bring new text end 24.17 new text begin another action pursuant to this section based on the same facts which are the subject of new text end 24.18 new text begin the pending action. new text end 24.19     new text begin (c) An action may not be maintained by a person pursuant to this section: new text end 24.20 new text begin (1) against the legislature, the judiciary, an executive department of the state, or a new text end 24.21 new text begin political subdivision, and their members or employees; new text end 24.22     new text begin (2) if the action is based upon allegations or transactions that are the subject of a new text end 24.23 new text begin civil action or an administrative proceeding for a monetary penalty to which the state or a new text end 24.24 new text begin political subdivision of the state is already a party; or new text end 24.25     new text begin (3) unless the action is brought by an original source of the information or the new text end 24.26 new text begin attorney general initiates or intervenes in the action, if the action is based upon the public new text end 24.27 new text begin disclosure of allegations or transactions: (i) in a criminal, civil, or administrative hearing; new text end 24.28 new text begin (ii) in an investigation, report, hearing, or audit conducted by or at the request of the house new text end 24.29 new text begin of representatives or the senate; (iii) by an auditor or the governing body of a political new text end 24.30 new text begin subdivision; or (iv) from the news media. new text end 24.31     new text begin (d) A complaint in an action pursuant to this section must be commenced by filing new text end 24.32 new text begin the complaint with the court in camera, and the court must place it under seal for at least new text end 24.33 new text begin 60 days. No service may be made upon the defendant until the complaint is unsealed. new text end 24.34     new text begin (e) If a complaint is filed under this section, the plaintiff shall serve a copy of the new text end 24.35 new text begin complaint on the attorney general in accordance with the Minnesota Rules of Civil new text end 25.1 new text begin Procedure and shall also serve at the same time a written disclosure of substantially all new text end 25.2 new text begin material evidence and information the plaintiff possesses. new text end 25.3    Sec. 21. new text begin [15C.06] ATTORNEY GENERAL INTERVENTION; MOTION TO new text end 25.4 new text begin EXTEND TIME; UNSEALING OF COMPLAINT. new text end 25.5     new text begin (a) Within 60 days after receiving a complaint and disclosure pursuant to section new text end 25.6 new text begin 15C.05, the attorney general shall intervene or decline intervention or, for good cause new text end 25.7 new text begin shown, move the court to extend the time for doing so. The motion may be supported by new text end 25.8 new text begin affidavits or other submissions in chambers. new text end 25.9     new text begin (b) The complaint must be unsealed after the attorney general decides whether new text end 25.10 new text begin or not to intervene. new text end 25.11     new text begin (c) Notwithstanding the attorney general's decision regarding intervention in an new text end 25.12 new text begin action brought by a plaintiff under section 15C.05, the attorney general may pursue the new text end 25.13 new text begin claim through any alternate remedy available to the state, including any administrative new text end 25.14 new text begin proceeding to determine a civil money penalty. If the attorney general pursues any such new text end 25.15 new text begin alternate remedy in another proceeding, the person initiating the action has the same rights new text end 25.16 new text begin in that proceeding as if the action had continued under section 15C.05. Any finding of fact new text end 25.17 new text begin or conclusion of law made in the other proceeding that has become final is conclusive on new text end 25.18 new text begin all parties to an action under section 15C.05. For purposes of this paragraph, a finding new text end 25.19 new text begin or conclusion is final if it has been finally determined on appeal to the appropriate state new text end 25.20 new text begin court, if the time for filing an appeal has expired, or if the finding or conclusion is not new text end 25.21 new text begin subject to judicial review. new text end 25.22    Sec. 22. new text begin [15C.07] SERVICE OF UNSEALED COMPLAINT AND RESPONSE new text end 25.23 new text begin BY DEFENDANT. new text end 25.24     new text begin When unsealed, the complaint shall be served on the defendant pursuant to Rule 3 of new text end 25.25 new text begin the Minnesota Rules of Civil Procedure. new text end 25.26     new text begin The defendant must respond to the complaint within 20 days after it is served on new text end 25.27 new text begin the defendant. new text end 25.28    Sec. 23. new text begin [15C.08] ATTORNEY GENERAL AND PRIVATE PARTY ROLES. new text end 25.29     new text begin (a) Except as otherwise provided by this section, if the attorney general does not new text end 25.30 new text begin intervene at the outset in an action brought by a person pursuant to section 15C.05, the new text end 25.31 new text begin person has the same rights in conducting the action as the attorney general would have new text end 25.32 new text begin had. A copy of each pleading or other paper filed in the action, and a copy of the transcript new text end 26.1 new text begin of each deposition taken, must be mailed to the attorney general if the attorney general new text end 26.2 new text begin so requests and pays the cost of doing so. new text end 26.3     new text begin (b) If the attorney general elects not to intervene at the outset in the action, the new text end 26.4 new text begin attorney general may intervene subsequently, upon timely application and good cause new text end 26.5 new text begin shown. If the attorney general so intervenes, the attorney general subsequently has new text end 26.6 new text begin primary responsibility for conducting the action. new text end 26.7     new text begin (c) If the attorney general elects at the outset of the action to intervene, the attorney new text end 26.8 new text begin general has the primary responsibility for prosecuting the action. The person who initially new text end 26.9 new text begin brought the action remains a party, but the person's acts do not bind the attorney general. new text end 26.10     new text begin (d) Whether or not the attorney general intervenes in the action, the attorney general new text end 26.11 new text begin may move to dismiss the action for good cause. The person who brought the action must new text end 26.12 new text begin be notified of the filing of the motion and may oppose it and present evidence at the new text end 26.13 new text begin hearing. The attorney general may also settle the action. If the attorney general intends to new text end 26.14 new text begin settle the action, the attorney general shall notify the person who brought the action. The new text end 26.15 new text begin state may settle the action with the defendant notwithstanding the objections of the person new text end 26.16 new text begin initiating the action if the court determines, after a hearing, that the proposed settlement new text end 26.17 new text begin is fair, adequate, and reasonable under all the circumstances. Upon a showing of good new text end 26.18 new text begin cause, such a hearing may be held in camera. new text end 26.19    Sec. 24. new text begin [15C.09] STAY OF DISCOVERY; EXTENSION. new text end 26.20     new text begin (a) The court may stay discovery by a person who brought an action under section new text end 26.21 new text begin 15C.05 for not more than 60 days if the attorney general shows that the proposed discovery new text end 26.22 new text begin would interfere with the investigation or prosecution of a civil or criminal matter arising new text end 26.23 new text begin out of the same facts, whether or not the attorney general participates in the action. new text end 26.24     new text begin (b) The court may extend the stay upon a further showing that the attorney general new text end 26.25 new text begin has pursued the civil or criminal investigation or proceeding with reasonable diligence and new text end 26.26 new text begin that the proposed discovery would interfere with its continuation. new text end 26.27     new text begin (c) Discovery may not be stayed for a total of more than six months over the new text end 26.28 new text begin objection of the person who brought the action, except for good cause shown by the new text end 26.29 new text begin attorney general. new text end 26.30     new text begin (d) A showing made pursuant to this section must be made in chambers. new text end 26.31    Sec. 25. new text begin [15C.10] COURT-IMPOSED LIMITATION UPON PARTICIPATION new text end 26.32 new text begin OF PRIVATE PLAINTIFF IN ACTION. new text end 26.33     new text begin Upon a showing by the attorney general in an action in which the attorney general new text end 26.34 new text begin has intervened that unrestricted participation by a person under this chapter would new text end 27.1 new text begin interfere with or unduly delay the conduct of the action, or would be repetitious, irrelevant, new text end 27.2 new text begin or solely for harassment, the court may limit the person's participation by, among other new text end 27.3 new text begin measures, limiting the number of witnesses, the length of the testimony of the witnesses, new text end 27.4 new text begin or the cross-examination of witnesses by the person. new text end 27.5    Sec. 26. new text begin [15C.11] LIMITATION OF ACTIONS; REMEDIES. new text end 27.6     new text begin (a) An action pursuant to this chapter may not be commenced more than three years new text end 27.7 new text begin after the date of discovery of the fraudulent activity by the attorney general or more than new text end 27.8 new text begin six years after the fraudulent activity occurred, whichever occurs last, but in no event more new text end 27.9 new text begin than ten years after the date on which the violation is committed. new text end 27.10     new text begin (b) A finding of guilt in a criminal proceeding charging false statement or fraud, new text end 27.11 new text begin whether upon a verdict of guilty or a plea of guilty or nolo contendere, stops the person new text end 27.12 new text begin found guilty from denying an essential element of that offense in an action pursuant to this new text end 27.13 new text begin chapter based upon the same transaction as the criminal proceeding. new text end 27.14 new text begin (c) In any action under this chapter, the state and any qui tam plaintiff must prove new text end 27.15 new text begin all essential elements of the cause of action, including damages, by a preponderance of new text end 27.16 new text begin the evidence. new text end 27.17    Sec. 27. new text begin [15C.12] AWARD OF EXPENSES AND ATTORNEY FEES. new text end 27.18     new text begin If the attorney general or a person who brought an action under section new text end new text begin new text end 27.19 new text begin prevails in or settles an action pursuant to this chapter, the court may authorize the person new text end 27.20 new text begin to recover reasonable costs, reasonable attorney fees, and the reasonable fees of expert new text end 27.21 new text begin consultants and expert witnesses. Those expenses must be awarded against the defendant, new text end 27.22 new text begin and may not be allowed against the state or a political subdivision. If the attorney general new text end 27.23 new text begin does not intervene in the action and the person bringing the action conducts the action, and new text end 27.24 new text begin if the defendant prevails in the action, the court shall award to the defendant reasonable new text end 27.25 new text begin expenses and attorney fees against the party or parties who participated in the action if new text end 27.26 new text begin it finds that the action was clearly frivolous or vexatious or brought in substantial part new text end 27.27 new text begin for harassment. new text end 27.28    Sec. 28. new text begin [15C.13] DISTRIBUTION TO PRIVATE PLAINTIFF IN CERTAIN new text end 27.29 new text begin ACTIONS. new text end 27.30     new text begin If the attorney general intervenes at the outset in an action brought by a person new text end 27.31 new text begin under section 15C.05, the person shall receive not less than 15 percent or more than 25 new text end 27.32 new text begin percent of any recovery in proportion to the person's contribution to the conduct of the new text end 27.33 new text begin action. If the attorney general does not intervene in the action at the outset, the person is new text end 28.1 new text begin entitled to receive not less than 25 percent or more than 30 percent of any recovery of new text end 28.2 new text begin the civil penalty and damages, or settlement, as the court determines to be reasonable. new text end 28.3 new text begin For recoveries whose distribution is governed by federal code or rule, the basis for new text end 28.4 new text begin calculating the portion of the recovery the person is entitled to receive shall not include new text end 28.5 new text begin such amounts reserved for distribution to the federal government or designated in their new text end 28.6 new text begin use by such federal code or rule. new text end 28.7    Sec. 29. new text begin [15C.14] EMPLOYER RESTRICTIONS; LIABILITY. new text end 28.8     new text begin (a) An employer shall not adopt or enforce any rule or policy forbidding an employee new text end 28.9 new text begin to disclose information to the state, a political subdivision, or a law enforcement agency, new text end 28.10 new text begin or to act in furtherance of an action pursuant to this chapter, including investigation for new text end 28.11 new text begin bringing or testifying in such an action. new text end 28.12     new text begin (b) An employer shall not discharge, demote, suspend, threaten, harass, deny new text end 28.13 new text begin promotion to, or otherwise discriminate against an employee in the terms or conditions new text end 28.14 new text begin of employment because of lawful acts done by the employee on the employee's behalf new text end 28.15 new text begin or on behalf of others in disclosing information to the state, a political subdivision, or a new text end 28.16 new text begin law enforcement agency in furtherance of an action pursuant to this chapter, including new text end 28.17 new text begin investigation for bringing or testifying in such an action. new text end 28.18     new text begin (c) An employer who violates this section is liable to the affected employee in a civil new text end 28.19 new text begin action for damages and other relief, including reinstatement, twice the amount of lost new text end 28.20 new text begin compensation, interest on the lost compensation, any special damage sustained as a result new text end 28.21 new text begin of the discrimination, and punitive damages if appropriate. The employer is also liable for new text end 28.22 new text begin expenses recoverable pursuant to section new text end new text begin , including costs and attorney fees. new text end 28.23    Sec. 30. new text begin [16A.0115] NAME. new text end 28.24 new text begin The commissioner of finance and the Department of Finance may not be identified new text end 28.25 new text begin by a title or name other than the title and name assigned by law. The Commissioner new text end 28.26 new text begin must ensure that the department's documents, publications, and Web site comply with new text end 28.27 new text begin this section. new text end 28.28    Sec. 31. Minnesota Statutes 2008, section 16A.055, subdivision 1, is amended to read: 28.29    Subdivision 1. List. (a) The commissioner shall: 28.30(1) receive and record all money paid into the state treasury and safely keep it until 28.31lawfully paid out; 28.32(2) manage the state's financial affairs; 29.1(3) keep the state's general account books according to generally accepted 29.2government accounting principles; 29.3(4) keep expenditure and revenue accounts according to generally accepted 29.4government accounting principles; 29.5(5) develop, provide instructions for, prescribe, and manage a state uniform 29.6accounting system; new text begin and new text end 29.7(6) provide to the state the expertise to ensure that all state funds are accounted for 29.8under generally accepted government accounting principles; and new text begin . new text end 29.9(7) coordinate the development of, and maintain standards for, internal auditing in 29.10state agencies and, in cooperation with the commissioner of administration, report to the 29.11legislature and the governor by January 31 of odd-numbered years, on progress made. 29.12(b) In addition to the duties in paragraph (a), the commissioner has the powers and 29.13duties given to the commissioner in chapter 43A. 29.14    Sec. 32. Minnesota Statutes 2008, section 16A.055, is amended by adding a 29.15subdivision to read: 29.16     new text begin Subd. 1a. new text end new text begin Additional duties. new text end new text begin The commissioner may assist state agencies by new text end 29.17 new text begin providing analytical, statistical, and organizational development services to state agencies new text end 29.18 new text begin in order to assist the agency to achieve the agency's mission and to operate efficiently new text end 29.19 new text begin and effectively. new text end 29.20    Sec. 33. new text begin [16A.056] WEB SITE WITH SEARCHABLE DATABASE ON STATE new text end 29.21 new text begin EXPENDITURES. new text end 29.22     new text begin Subdivision 1. new text end new text begin Web database requirement. new text end new text begin The commissioner, in consultation new text end 29.23 new text begin with the commissioners of administration and revenue, must maintain a Web site with new text end 29.24 new text begin a searchable database providing the public with information on state contracts, state new text end 29.25 new text begin appropriations, state expenditures, and state tax expenditures. For each data field identified new text end 29.26 new text begin in subdivisions 2 to 5, the searchable database must allow a user of the Web site to: new text end 29.27 new text begin (1) perform a search using that field; new text end 29.28 new text begin (2) sort by that field; new text end 29.29 new text begin (3) obtain information grouped or aggregated by that field, where groups or subtotals new text end 29.30 new text begin are feasible; and new text end 29.31 new text begin (4) view information in that field by each fiscal year or an aggregation of fiscal years. new text end 29.32     new text begin Subd. 2. new text end new text begin Contracts. new text end new text begin (a) The searchable database on the Web site must include new text end 29.33 new text begin at least the following data fields: new text end 29.34 new text begin (1) the name of the entity receiving the contract; new text end 30.1 new text begin (2) the name of the agency entering into the contract; new text end 30.2 new text begin (3) an indication if the contract is for (i) goods; (ii) professional or technical services; new text end 30.3 new text begin (iii) services other than professional and technical services; or (iv) a grant; and new text end 30.4 new text begin (4) the fund or funds from which the entity receiving the contract will be paid. new text end 30.5 new text begin (b) For each contract, the database must also include: new text end 30.6 new text begin (1) an address for each entity receiving a contract; and new text end 30.7 new text begin (2) a brief statement of the purpose of the contract or grant. new text end 30.8 new text begin (c) Information on a new contract or grant must be entered into the database within new text end 30.9 new text begin 30 days of the time the contract or grant is entered into. new text end 30.10 new text begin (d) For purposes of this section, a "grant" is a contract between a state agency and new text end 30.11 new text begin a recipient, the primary purpose of which is to transfer cash or a thing of value to the new text end 30.12 new text begin recipient to support a public purpose. Grant does not include payments to units of local new text end 30.13 new text begin governments, payments to state employees, or payments made under laws providing for new text end 30.14 new text begin assistance to individuals. new text end 30.15     new text begin Subd. 3. new text end new text begin Appropriations. new text end new text begin The searchable database on the Web site must include new text end 30.16 new text begin at least the following data fields on state appropriations: new text end 30.17 new text begin (1) the agency receiving the appropriation, or the name of the nonstate entity new text end 30.18 new text begin receiving the appropriation; new text end 30.19 new text begin (2) the agency program, to the extent applicable; new text end 30.20 new text begin (3) the agency activity, to the extent applicable; new text end 30.21 new text begin (4) an item within an activity if applicable; new text end 30.22 new text begin (5) the fund from which the appropriation is made; and new text end 30.23 new text begin (6) the object of expenditure. new text end 30.24     new text begin Subd. 4. new text end new text begin State expenditures. new text end new text begin The searchable database on the Web site must include new text end 30.25 new text begin at least the following data fields on state expenditures: new text end 30.26 new text begin (1) the agency making the expenditure, or the name of the nonstate entity making new text end 30.27 new text begin the appropriation; new text end 30.28 new text begin (2) the agency program, to the extent applicable; new text end 30.29 new text begin (3) the agency activity, to the extent applicable; new text end 30.30 new text begin (4) an item within an activity if applicable; new text end 30.31 new text begin (5) the fund from which the expenditure is made; and new text end 30.32 new text begin (6) the object of expenditure. new text end 30.33     new text begin Subd. 5. new text end new text begin Tax expenditures. new text end new text begin The Web site must include a searchable database of new text end 30.34 new text begin state tax expenditures. For each fiscal year, the database must include data fields showing new text end 30.35 new text begin the estimated impact on state revenues of each tax expenditure item listed in the report new text end 30.36 new text begin prepared under section 270C.11. new text end 31.1     new text begin Subd. 6. new text end new text begin Retention of data. new text end new text begin The database required under this section must include new text end 31.2 new text begin information beginning with fiscal year 2010 funds and must retain data for at least ten new text end 31.3 new text begin years. new text end 31.4     new text begin Subd. 7. new text end new text begin Consultation. new text end new text begin The commissioner of finance must consult with the new text end 31.5 new text begin chairs of the house of representatives Ways and Means and senate Finance Committees new text end 31.6 new text begin before encumbering any funds appropriated on or after July 1, 2009, for the planning, new text end 31.7 new text begin development, and implementation of state accounting or procurement systems. No funds new text end 31.8 new text begin appropriated for these purposes may be spent unless the commissioner certifies that the new text end 31.9 new text begin systems will allow compliance with requirements of this section. new text end 31.10    Sec. 34. new text begin [16A.057] INTERNAL CONTROLS AND INTERNAL AUDITING. new text end 31.11     new text begin Subdivision 1. new text end new text begin Establishment of system. new text end new text begin The commissioner is responsible for new text end 31.12 new text begin the system of internal controls across the executive branch. The commissioner must new text end 31.13 new text begin coordinate the design, implementation, and maintenance of an effective system of internal new text end 31.14 new text begin controls and internal auditing for all executive agencies. The system must: new text end 31.15 new text begin (1) safeguard public funds and assets and minimize incidences of fraud, waste, new text end 31.16 new text begin and abuse; new text end 31.17 new text begin (2) ensure that programs are administered in compliance with federal and state new text end 31.18 new text begin laws and rules; new text end 31.19 new text begin (3) require documentation of internal control procedures over financial management new text end 31.20 new text begin activities, provide for analysis of risks, and provide for periodic evaluation of control new text end 31.21 new text begin procedures to satisfy the commissioner that these procedures are adequately designed, new text end 31.22 new text begin properly implemented, and functioning effectively; and new text end 31.23 new text begin (4) provide for periodic internal audit of major systems and controls, including new text end 31.24 new text begin accounting systems and controls; administrative systems and controls; and, in conjunction new text end 31.25 new text begin with the Office of Enterprise Technology, information and telecommunications technology new text end 31.26 new text begin systems and controls. new text end 31.27     new text begin Subd. 2. new text end new text begin Standards. new text end new text begin The commissioner must adopt internal control standards new text end 31.28 new text begin and policies that agencies must follow to meet the requirements of subdivision 1. These new text end 31.29 new text begin standards and policies may include separation of duties, safeguarding receipts, time entry, new text end 31.30 new text begin approval of travel, and other topics the commissioner determines are necessary to comply new text end 31.31 new text begin with subdivision 1. new text end 31.32     new text begin Subd. 3. new text end new text begin Training and assistance. new text end new text begin The commissioner shall coordinate training new text end 31.33 new text begin for accounting personnel and financial managers in state agencies on internal controls new text end 31.34 new text begin as necessary to ensure financial integrity in the state's financial transactions. The new text end 32.1 new text begin commissioner shall provide internal control support to agencies that the commissioner new text end 32.2 new text begin determines need this assistance. new text end 32.3     new text begin Subd. 4. new text end new text begin Sharing internal audit resources. new text end new text begin The commissioner must administer a new text end 32.4 new text begin program for sharing internal auditors among executive agencies that do not have their own new text end 32.5 new text begin internal auditors and for assembling interagency teams of internal auditors as necessary. new text end 32.6     new text begin Subd. 5. new text end new text begin Monitoring Office of the Legislative Auditor audits. new text end new text begin The commissioner new text end 32.7 new text begin must review audit reports from the Office of the Legislative Auditor and take appropriate new text end 32.8 new text begin steps to address internal control problems found in executive agencies. new text end 32.9     new text begin Subd. 6. new text end new text begin Budget for internal controls. new text end new text begin The commissioner of finance may require new text end 32.10 new text begin that each executive agency spend a specified percentage of its operating budget on internal new text end 32.11 new text begin control systems. The commissioner of finance may require that an agency transfer a new text end 32.12 new text begin portion of its operating budget to the commissioner to pay for internal control functions new text end 32.13 new text begin performed by the commissioner. new text end 32.14     new text begin Subd. 7. new text end new text begin Annual report. new text end new text begin The commissioner must report to the legislature and the new text end 32.15 new text begin governor by January 31 of each odd-numbered year on the system of internal controls new text end 32.16 new text begin and internal auditing in executive agencies. new text end 32.17     new text begin Subd. 8. new text end new text begin Agency head responsibilities. new text end new text begin The head of each executive agency is new text end 32.18 new text begin responsible for designing, implementing, and maintaining an effective internal control new text end 32.19 new text begin system within the agency that complies with the requirements of subdivision 1, clauses (1) new text end 32.20 new text begin to (4). The head of each executive agency must annually certify that the agency head has new text end 32.21 new text begin reviewed the agency's internal control systems, and that these systems are in compliance new text end 32.22 new text begin with standards and policies established by the commissioner. The agency head must new text end 32.23 new text begin submit the signed certification form to the commissioner of finance, in a form specified by new text end 32.24 new text begin the commissioner. new text end 32.25     new text begin Subd. 9. new text end new text begin State colleges and universities. new text end new text begin This section does not apply to the new text end 32.26 new text begin Minnesota state colleges and universities system. new text end 32.27    Sec. 35. new text begin [16A.058] FINANCIAL CONTROLS COUNCIL. new text end 32.28     new text begin Subdivision 1. new text end new text begin Membership. new text end new text begin The executive council shall appoint a five-member new text end 32.29 new text begin financial controls council. Members must have public or private sector experience in new text end 32.30 new text begin internal control issues. The council shall annually elect a chair and vice-chair from new text end 32.31 new text begin among its members. new text end 32.32     new text begin Subd. 2. new text end new text begin Duties. new text end new text begin (a) The council shall advise the commissioner of finance, the new text end 32.33 new text begin governor, the Legislative Audit Commission, and the legislature on the system of internal new text end 32.34 new text begin controls for executive agencies. In performing this duty, the council shall: new text end 33.1 new text begin (1) review audits and other reports of the Office of the Legislative Auditor and new text end 33.2 new text begin from internal auditors in executive agencies; new text end 33.3 new text begin (2) review the state's system of internal controls and make recommendations for new text end 33.4 new text begin changes in practices of specific executive agencies or on general changes needed in state new text end 33.5 new text begin laws, procedures, or policies; new text end 33.6 new text begin (3) recommend guidelines and best practices to produce an effective system of new text end 33.7 new text begin internal controls; new text end 33.8 new text begin (4) recommend the number of internal audit employees required for executive new text end 33.9 new text begin agencies, individually and in total; and new text end 33.10 new text begin (5) review and comment on the performance of the commissioner of finance in new text end 33.11 new text begin carrying out duties under section 16A.057. new text end 33.12 new text begin (b) The council may: new text end 33.13 new text begin (1) require reports from any executive agency relative to an internal control or new text end 33.14 new text begin an internal audit matter; new text end 33.15 new text begin (2) receive and review reports from internal auditors in executive agencies; new text end 33.16 new text begin (3) conduct hearings relative to attempts to interfere with, compromise, or intimidate new text end 33.17 new text begin an internal auditor; and new text end 33.18 new text begin (4) conduct hearings on the effectiveness of internal control or internal audit new text end 33.19 new text begin functions within an executive agency. new text end 33.20     new text begin Subd. 3. new text end new text begin Terms; compensation; removal; vacancies; expiration. new text end new text begin The membership new text end 33.21 new text begin terms, compensation, removal of members, and filling of vacancies shall be as provided in new text end 33.22 new text begin section 15.059, except that council members shall not receive a per diem. The council is new text end 33.23 new text begin not subject to the expiration date provisions of section 15.059. new text end 33.24     new text begin Subd. 4. new text end new text begin Administrative support. new text end new text begin The commissioner of finance shall provide new text end 33.25 new text begin administrative support to the council upon request of its chair. new text end 33.26     new text begin Subd. 5. new text end new text begin MnSCU. new text end new text begin The Minnesota State Colleges and Universities system is not an new text end 33.27 new text begin executive agency for purposes of this section. new text end 33.28    Sec. 36. Minnesota Statutes 2008, section 16A.11, is amended by adding a subdivision 33.29to read: 33.30     new text begin Subd. 3d. new text end new text begin Information technology budget proposals. new text end new text begin A proposal in the detailed new text end 33.31 new text begin budget documents for a new investment in information technology systems or equipment new text end 33.32 new text begin costing $100,000 or more must request that money for the system or equipment be new text end 33.33 new text begin appropriated to the Office of Enterprise Technology. new text end 33.34    Sec. 37. Minnesota Statutes 2008, section 16A.126, subdivision 1, is amended to read: 34.1    Subdivision 1. Set rates. The commissioner shall approve the rates an agency must 34.2pay to a revolving fund for services. new text begin Funds subject to this subdivision include, but are new text end 34.3 new text begin not limited to, the revolving funds established in sections 4A.05; 14.46; 14.53; 16B.48; new text end 34.4 new text begin 16B.54; 16B.58; 16B.85; 16C.03, subdivision 11; 16E.14; 43A.55; and 176.591; and the new text end 34.5 new text begin fund established in section 43A.30. new text end 34.6    Sec. 38. Minnesota Statutes 2008, section 16A.133, subdivision 1, is amended to read: 34.7    Subdivision 1. Payroll direct deposit and deductions. An agency head in the 34.8executive, judicial, and legislative branch shall, upon written request signed by an 34.9employee, directly deposit all or part of an employee's pay to those credit unions or 34.10financial institutions, as defined in section 47.015, designated by the employee. 34.11An agency head may new text begin must new text end , upon written request of an employee, deduct from the 34.12pay of the employee a requested amount to be paid to the Minnesota Benefit Association, 34.13or to any organization new text begin organizations new text end contemplated by section 179A.06, of which the 34.14employee is a member. If an employee has more than one account with the Minnesota 34.15Benefit Association or more than one organization under section , only the 34.16Minnesota Benefit Association and one organization, as defined under section , 34.17may be paid money by payroll deduction from the employee's pay. 34.18    Sec. 39. Minnesota Statutes 2008, section 16A.139, is amended to read: 34.1916A.139 MISAPPROPRIATION OF MONEY. 34.20It is illegal for any new text begin (a) No new text end official or head of any state department new text begin in the executive, new text end 34.21 new text begin legislative, or judicial branches new text end , or any employee thereof new text begin of a state department in those new text end 34.22 new text begin branches new text end , to new text begin may intentionally new text end use moneys new text begin money new text end appropriated by law, or fees collected 34.23 new text begin knowing that the use is new text end for any other new text begin a new text end purpose new text begin other new text end than the purpose for which the 34.24moneys have been new text begin money was new text end appropriated, and any such act by any new text begin . Unless a greater new text end 34.25 new text begin penalty is specified elsewhere in law, a person who violates this paragraph is guilty of a new text end 34.26 new text begin gross misdemeanor. new text end 34.27 new text begin (b) A violation of paragraph (a) by a new text end head of a department, or any state official, is 34.28cause for immediate removal of the official or head of a state department from the position 34.29held with the government of this state. new text begin A criminal conviction under paragraph (a) is not a new text end 34.30 new text begin prerequisite for removal. This paragraph does not apply to a judge, a constitutional officer, new text end 34.31 new text begin or a legislator, except as potential grounds for expulsion, impeachment, or recall in the new text end 34.32 new text begin manner specified in article IV, section 7, and article VIII of the Minnesota Constitution. new text end 35.1 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2009, and applies to crimes new text end 35.2 new text begin committed on or after that date. new text end 35.3    Sec. 40. new text begin [16A.1391] BEST PRACTICES FOR INVESTIGATIONS. new text end 35.4 new text begin The commissioner of finance must develop and make available to appointing new text end 35.5 new text begin authorities in the executive, legislative, and judicial branches a best practices policy for new text end 35.6 new text begin conducting investigations in which the appointing authority compels its employees to new text end 35.7 new text begin answer questions about allegedly inappropriate activity. The best practices policy must new text end 35.8 new text begin be designed to facilitate effective investigations, without compromising the ability to new text end 35.9 new text begin prosecute criminal cases when appropriate. Each appointing authority must follow the new text end 35.10 new text begin best practices policy or, in consultation with the attorney general, must develop its own new text end 35.11 new text begin policy for conducting these investigations. new text end 35.12 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 35.13    Sec. 41. Minnesota Statutes 2008, section 16A.151, subdivision 2, is amended to read: 35.14    Subd. 2. Exceptions. (a) If a state official litigates or settles a matter on behalf of 35.15specific injured persons or entities, this section does not prohibit distribution of money 35.16to the specific injured persons or entities on whose behalf the litigation or settlement 35.17efforts were initiated. If money recovered on behalf of injured persons or entities cannot 35.18reasonably be distributed to those persons or entities because they cannot readily be 35.19located or identified or because the cost of distributing the money would outweigh the 35.20benefit to the persons or entities, the money must be paid into the general fund. 35.21(b) Money recovered on behalf of a fund in the state treasury other than the general 35.22fund may be deposited in that fund. 35.23(c) This section does not prohibit a state official from distributing money to a person 35.24or entity other than the state in litigation or potential litigation in which the state is a 35.25defendant or potential defendant. 35.26(d) State agencies may accept funds as directed by a federal court for any restitution 35.27or monetary penalty under United States Code, title 18, section 3663(a)(3) or United 35.28States Code, title 18, section 3663A(a)(3). Funds received must be deposited in a special 35.29revenue account and are appropriated to the commissioner of the agency for the purpose 35.30as directed by the federal court. 35.31(e) Subdivision 1 does not apply to a recovery or settlement of less than $750,000. 35.32 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2009, and applies to new text end 35.33 new text begin actions commenced on or after that date. new text end 36.1    Sec. 42. Minnesota Statutes 2008, section 16A.152, is amended by adding a 36.2subdivision to read: 36.3     new text begin Subd. 8. new text end new text begin Report on budget reserve percentage. new text end new text begin (a) The commissioner of finance new text end 36.4 new text begin must periodically review the formula developed as part of the Budget Trends Study new text end 36.5 new text begin Commission authorized by Laws 2007, chapter 148, article 2, section 81, to estimate new text end 36.6 new text begin the percentage of the preceding biennium's general fund expenditures and transfers new text end 36.7 new text begin recommended as a budget reserve. new text end 36.8     new text begin (b) The commissioner must annually review the variables and coefficients in the new text end 36.9 new text begin formula used to model the base of the general fund taxes and the mix of taxes that provide new text end 36.10 new text begin revenues to the general fund. If the commissioner determines that the variables and new text end 36.11 new text begin coefficients have changed enough to result in a change in the percentage of the preceding new text end 36.12 new text begin biennium's general fund expenditures and transfers recommended as a budget reserve, new text end 36.13 new text begin the commissioner must update the variables and coefficients in the formula to reflect the new text end 36.14 new text begin current base and mix of general fund taxes. new text end 36.15     new text begin (c) Every ten years, the commissioner must review the methodology underlying the new text end 36.16 new text begin formula, taking into consideration relevant economic literature from the past ten years, and new text end 36.17 new text begin determine if the formula remains adequate as a tool for estimating the percentage of the new text end 36.18 new text begin preceding biennium's general fund expenditures and transfers recommended as a budget new text end 36.19 new text begin reserve. If the commissioner determines that the methodology underlying the formula is new text end 36.20 new text begin outdated, the commissioner must revise the formula. new text end 36.21     new text begin (d) By January 15 of each year, the commissioner must report to the chairs of the new text end 36.22 new text begin house of representatives Committee on Ways and Means and the senate Committee on new text end 36.23 new text begin Finance, in compliance with sections 3.195 and 3.197, on the percentage of the preceding new text end 36.24 new text begin biennium's general fund expenditures and transfers recommended as a budget reserve. new text end 36.25 new text begin The report must specify: new text end 36.26     new text begin (1) if the commissioner updated the variables and coefficients in the formula to new text end 36.27 new text begin reflect significant changes to either the base of one or more general fund taxes or to the new text end 36.28 new text begin mix of taxes that provide revenues to the general fund as provided in paragraph (b); new text end 36.29     new text begin (2) if the commissioner revised the formula after determining the methodology was new text end 36.30 new text begin outdated as provided in paragraph (c); and new text end 36.31     new text begin (3) if the percentage of the preceding biennium's general fund expenditures and new text end 36.32 new text begin transfers recommended as a budget reserve has changed as a result of an update of or a new text end 36.33 new text begin revision to the formula. new text end 36.34 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 37.1    Sec. 43. new text begin [16A.81] TECHNOLOGY DEVELOPMENT LEASE-PURCHASE new text end 37.2 new text begin FINANCING. new text end 37.3     new text begin Subdivision 1. new text end new text begin Definitions. new text end new text begin The following definitions apply to this section. new text end 37.4 new text begin (a) "Technology system project" means the development, acquisition, installation, new text end 37.5 new text begin and implementation of a technology system that is essential to state operations and is new text end 37.6 new text begin expected to have a long useful life. new text end 37.7 new text begin (b) "Lease-purchase agreement" means an agreement for the lease and installment new text end 37.8 new text begin purchase of a technology system project, or a portion of the project, between the new text end 37.9 new text begin commissioner, on behalf of the state, and a vendor or a third-party financing source. new text end 37.10 new text begin (c) "Technology development lease-purchase guidelines" means policies, procedures, new text end 37.11 new text begin and requirements established by the commissioner for technology system projects that are new text end 37.12 new text begin financed pursuant to a lease-purchase agreement. new text end 37.13     new text begin Subd. 2. new text end new text begin Lease-purchase financing. new text end new text begin The commissioner may enter into a new text end 37.14 new text begin lease-purchase agreement in an amount sufficient to fund a technology system project and new text end 37.15 new text begin authorize the public or private sale and issuance of certificates of participation, provided new text end 37.16 new text begin that: new text end 37.17 new text begin (1) the technology system project has been authorized by law to be funded pursuant new text end 37.18 new text begin to a lease-purchase agreement; new text end 37.19 new text begin (2) the term of the lease-purchase agreement and the related certificates of new text end 37.20 new text begin participation shall not exceed the lesser of the expected useful life of the technology new text end 37.21 new text begin system project financed by the lease-purchase agreement and the certificates or ten years new text end 37.22 new text begin from the date of issuance of the lease-purchase agreement and the certificates; new text end 37.23 new text begin (3) the principal amount of the lease-purchase agreement and the certificates is new text end 37.24 new text begin sufficient to provide for the costs of issuance, capitalized interest, credit enhancement, or new text end 37.25 new text begin reserves, if any, as required under the lease-purchase agreement; new text end 37.26 new text begin (4) funds sufficient for payment of lease obligations have been committed in the new text end 37.27 new text begin authorizing legislation for the technology system project for the fiscal year during which new text end 37.28 new text begin the lease-purchase agreement is entered into; provided that no lease-purchase agreement new text end 37.29 new text begin shall obligate the state to appropriate funds sufficient to make lease payments due under new text end 37.30 new text begin such agreement in any future fiscal year; and new text end 37.31 new text begin (5) planned expenditures for the technology system project are permitted within the new text end 37.32 new text begin technology development lease-purchase guidelines. new text end 37.33     new text begin Subd. 3. new text end new text begin Covenants. new text end new text begin The commissioner may covenant in a lease-purchase new text end 37.34 new text begin agreement that the state will abide by the terms and provisions that are customary in new text end 37.35 new text begin lease-purchase financing transactions, including but not limited to, covenants providing new text end 37.36 new text begin that the state: new text end 38.1 new text begin (1) will maintain insurance as required under the terms of the lease-purchase new text end 38.2 new text begin agreement; new text end 38.3 new text begin (2) is responsible to the lessor for any public liability or property damage claims or new text end 38.4 new text begin costs related to the selection, use, or maintenance of the technology system project, to the new text end 38.5 new text begin extent of insurance or self-insurance maintained by the state, and for costs and expenses new text end 38.6 new text begin incurred by the lessor as a result of any default by the state; or new text end 38.7 new text begin (3) authorizes the lessor to exercise the rights of a secured party with respect to new text end 38.8 new text begin the technology system project or any portion of the project in the event of default or new text end 38.9 new text begin nonappropriation of funds by the state, and for the present recovery of lease payments new text end 38.10 new text begin due during the current term of the lease-purchase agreement as liquidated damages in new text end 38.11 new text begin the event of default. new text end 38.12     new text begin Subd. 4. new text end new text begin Credit and appropriation of proceeds. new text end new text begin Proceeds of the lease-purchase new text end 38.13 new text begin agreement and certificates of participation must be credited to a technology lease project new text end 38.14 new text begin fund in the state treasury. Net income from investment of the proceeds, as estimated by new text end 38.15 new text begin the commissioner, must be credited to the appropriate accounts in the technology lease new text end 38.16 new text begin project fund. Funds in the technology lease project fund are appropriated for the purposes new text end 38.17 new text begin described in the authorizing law for each technology development project and this section. new text end 38.18     new text begin Subd. 5. new text end new text begin Transfer of funds. new text end new text begin Before the lease-purchase proceeds are received in the new text end 38.19 new text begin technology lease project fund, the commissioner may transfer to that fund from the general new text end 38.20 new text begin fund amounts not exceeding the expected proceeds from the lease-purchase agreement new text end 38.21 new text begin and certificates of participation. The commissioner shall return these amounts to the new text end 38.22 new text begin general fund by transferring proceeds when received. The amounts of these transfers are new text end 38.23 new text begin appropriated from the general fund and from the technology lease project fund. new text end 38.24     new text begin Subd. 6. new text end new text begin Administrative expenses. new text end new text begin Actual and necessary travel and subsistence new text end 38.25 new text begin expenses of employees and all other nonsalary expenses incidental to the sale, printing, new text end 38.26 new text begin execution, and delivery of the lease-purchase agreement and certificates of participation new text end 38.27 new text begin may be paid from the lease-purchase proceeds. The lease-purchase proceeds are new text end 38.28 new text begin appropriated for this purpose. new text end 38.29     new text begin Subd. 7. new text end new text begin Treatment of technology lease project fund. new text end new text begin Lease-purchase proceeds new text end 38.30 new text begin remaining in the technology lease project fund after the purposes for which the new text end 38.31 new text begin lease-purchase agreement was undertaken are accomplished or abandoned, as determined new text end 38.32 new text begin by the commissioner, must be transferred to the general fund. new text end 38.33     new text begin Subd. 8. new text end new text begin Lease-purchase not public debt. new text end new text begin A lease-purchase agreement does not new text end 38.34 new text begin constitute or create a general or moral obligation or indebtedness of the state in excess new text end 38.35 new text begin of the money from time to time appropriated or otherwise available for payments or new text end 38.36 new text begin obligations under such agreement. Payments due under a lease-purchase agreement during new text end 39.1 new text begin a current lease term for which money has been appropriated is a current expense of the new text end 39.2 new text begin state. new text end 39.3     new text begin Subd. 9. new text end new text begin Refunding certificates. new text end new text begin The commissioner from time to time may enter new text end 39.4 new text begin into a new lease-purchase agreement and issue and sell certificates of participation for the new text end 39.5 new text begin purpose of refunding any lease-purchase agreement and related certificates of participation new text end 39.6 new text begin then outstanding, including the payment of any redemption premiums, any interest accrued new text end 39.7 new text begin or that is to accrue to the redemption date, and costs related to the issuance and sale of such new text end 39.8 new text begin refunding certificates. The proceeds of any refunding certificates may, in the discretion of new text end 39.9 new text begin the commissioner, be applied to the purchase or payment at maturity of the certificates to new text end 39.10 new text begin be refunded, to the redemption of outstanding lease-purchase agreements and certificates new text end 39.11 new text begin on any redemption date, or to pay interest on the refunding lease-purchase agreements new text end 39.12 new text begin and certificates and may, pending such application, be placed in escrow to be applied to new text end 39.13 new text begin such purchase, payment, retirement, or redemption. Any escrowed proceeds, pending such new text end 39.14 new text begin use, may be invested and reinvested in obligations that are authorized investments under new text end 39.15 new text begin section 11A.24. The income earned or realized on any authorized investment may also be new text end 39.16 new text begin applied to the payment of the lease-purchase agreements and certificates to be refunded, new text end 39.17 new text begin interest or premiums on the refunded certificates, or to pay interest on the refunding new text end 39.18 new text begin lease-purchase agreements and certificates. After the terms of the escrow have been fully new text end 39.19 new text begin satisfied, any balance of proceeds and any investment income may be returned to the new text end 39.20 new text begin general fund, or if applicable, the technology lease project fund, for use in a lawful manner. new text end 39.21 new text begin All refunding lease-purchase agreements and certificates issued under the provisions of new text end 39.22 new text begin this subdivision must be prepared, executed, delivered, and secured by appropriations in new text end 39.23 new text begin the same manner as the lease-purchase agreements and certificates to be refunded. new text end 39.24 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 39.25    Sec. 44. new text begin [16A.82] TECHNOLOGY LEASE-PURCHASE APPROPRIATION. new text end 39.26 new text begin $8,975,000 is appropriated annually from the general fund to the commissioner new text end 39.27 new text begin to make payments under a lease-purchase agreement as defined in section 16A.81 for new text end 39.28 new text begin replacement of the state's accounting and procurement systems, provided that the state is new text end 39.29 new text begin not obligated to continue such appropriation of funds or to make lease payments in any new text end 39.30 new text begin future fiscal year. Any unexpended portions of this appropriation cancel to the general new text end 39.31 new text begin fund at the close of each biennium. This section expires June 30, 2020. new text end 39.32 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2010. new text end 39.33    Sec. 45. new text begin [16A.90] E-VERIFY. new text end 40.1 new text begin An employer using state funds or funds available under the American Recovery new text end 40.2 new text begin and Reinvestment Act of 2009 to hire new employees must use the E-Verify system to new text end 40.3 new text begin determine employment eligibility of new hires. new text end 40.4    Sec. 46. new text begin [16B.1225] LETTER-SIZED PAPER FOR DOCUMENTS. new text end 40.5 new text begin State entities in the executive, legislative, and judicial branches must use standard new text end 40.6 new text begin letter-sized paper to print documents to the extent practical, and may not print documents new text end 40.7 new text begin on legal-sized paper unless this is the only possible size paper for a particular document. new text end 40.8    Sec. 47. Minnesota Statutes 2008, section 16B.24, is amended by adding a subdivision 40.9to read: 40.10     new text begin Subd. 5b. new text end new text begin Employee fitness and wellness facilities. new text end new text begin An entity in the executive, new text end 40.11 new text begin legislative, or judicial branch may use space under its control to offer fitness, wellness, new text end 40.12 new text begin or similar classes or activities to its employees, and may allow persons conducting these new text end 40.13 new text begin classes or activities to charge employees a fee to participate. Revenue received by a public new text end 40.14 new text begin entity under this section is appropriated to the entity. This authorization applies to all state new text end 40.15 new text begin space, including property in the Capitol area, and other designated property as defined new text end 40.16 new text begin in rules adopted by the commissioner of public safety. Persons conducting these classes new text end 40.17 new text begin or activities, and participating employees, waive any and all claims of liability against new text end 40.18 new text begin the state for any damage or injury arising from the use of state space for employee fitness new text end 40.19 new text begin and wellness classes or similar classes or activities. Persons conducting these classes or new text end 40.20 new text begin activities agree to indemnify, save, and hold the state, its agents, and employees harmless new text end 40.21 new text begin from any claims or causes of action, including attorney fees incurred by the state that arise new text end 40.22 new text begin from these classes or activities. new text end 40.23    Sec. 48. Minnesota Statutes 2008, section 16B.24, is amended by adding a subdivision 40.24to read: 40.25     new text begin Subd. 5c. new text end new text begin Rulemaking. new text end new text begin The commissioner of public safety must amend Minnesota new text end 40.26 new text begin Rules, part 7525.0400, and any other rules as necessary to conform with subdivision 5b. new text end 40.27 new text begin The commissioner may use the good cause exemption, under authority of Minnesota new text end 40.28 new text begin Statutes, section 14.388, subdivision 1, clause (3), to amend rules to conform with new text end 40.29 new text begin subdivision 5b. new text end 40.30    Sec. 49. new text begin [16B.242] ENTERPRISE REAL PROPERTY ACCOUNT. new text end 40.31 new text begin The enterprise real property technology system and services account is created new text end 40.32 new text begin in the special revenue fund. Receipts credited to the account are appropriated to the new text end 41.1 new text begin commissioner of administration for the purpose of funding the personnel and technology new text end 41.2 new text begin to maintain the enterprise real property system and services. new text end 41.3    Sec. 50. new text begin [16B.2421] BIRD-SAFE BUILDINGS. new text end 41.4     new text begin Between March 15 and May 31 and between August 15 and October 31 each year, new text end 41.5 new text begin occupants of state-owned or state-leased buildings must attempt to reduce dangers posed new text end 41.6 new text begin to migrating birds by turning off building lights between midnight and dawn, to the extent new text end 41.7 new text begin turning off lights is consistent with the normal use of the buildings. The commissioner of new text end 41.8 new text begin administration may adopt policies to implement this requirement. new text end 41.9    Sec. 51. new text begin [16B.243] NAMING RIGHTS. new text end 41.10 new text begin The commissioner of administration may enter into a contract to sell the naming new text end 41.11 new text begin rights to a state-owned building, or to meeting rooms within a state-owned building. This new text end 41.12 new text begin section does not apply to the State Capitol building, to the Minnesota Judicial Center, or new text end 41.13 new text begin the State Office Building. new text end 41.14    Sec. 52. new text begin [16B.276] COMPOSTABLE MATERIALS IN CAFETERIAS. new text end 41.15 new text begin In entering into contracts for operation of cafeterias in the Capitol complex, the new text end 41.16 new text begin commissioner of administration must ensure, to the extent practicable and economical, that new text end 41.17 new text begin disposable utensils, plates and containers used in the cafeterias are made of a corn-based new text end 41.18 new text begin or other compostable material, and that used utensils, plates and containers are collected new text end 41.19 new text begin and processed in a manner such that they can be composted. new text end 41.20    Sec. 53. new text begin [16B.351] ADVERTISING. new text end 41.21 new text begin The commissioner of administration may enter into a contract to sell advertising on new text end 41.22 new text begin temporary fences or other temporary barriers adjacent to construction or repair projects on new text end 41.23 new text begin state-owned buildings or grounds. new text end 41.24    Sec. 54. Minnesota Statutes 2008, section 16B.54, subdivision 2, is amended to read: 41.25    Subd. 2. Vehicles. (a) The commissioner may direct an agency to make a transfer of 41.26a passenger motor vehicle or truck currently assigned to it. The transfer must be made to 41.27the commissioner for use in the central motor pool. The commissioner shall reimburse an 41.28agency whose motor vehicles have been paid for with funds dedicated by the Constitution 41.29for a special purpose and which are assigned to the central motor pool. The amount of 41.30reimbursement for a motor vehicle is its average wholesale price as determined from the 41.31midwest edition of the National Automobile Dealers Association official used car guide. 42.1(b) To the extent that funds are available for the purpose, the commissioner may 42.2purchase or otherwise acquire additional passenger motor vehicles and trucks necessary 42.3for the central motor pool. The title to all motor vehicles assigned to or purchased or 42.4acquired for the central motor pool is in the name of the Department of Administration. 42.5(c) On the request of an agency, the commissioner may transfer to the central 42.6motor pool any passenger motor vehicle or truck for the purpose of disposing of it. The 42.7department or agency transferring the vehicle or truck must be paid for it from the motor 42.8pool revolving account established by this section in an amount equal to two-thirds of the 42.9average wholesale price of the vehicle or truck as determined from the midwest edition of 42.10the National Automobile Dealers Association official used car guide. 42.11(d) The commissioner shall provide for the uniform marking of all motor vehicles. 42.12Motor vehicle colors must be selected from the regular color chart provided by the 42.13manufacturer each year. The commissioner may further provide for the use of motor 42.14vehicles without marking by: 42.15(1) the governor; 42.16(2) the lieutenant governor; 42.17(3) new text begin (2) new text end the Division of Criminal Apprehension, the Division of Alcohol and 42.18Gambling Enforcement, and arson investigators of the Division of Fire Marshal in the 42.19Department of Public Safety; 42.20(4) new text begin (3) new text end the Financial Institutions Division of the Department of Commerce; 42.21(5) new text begin (4) new text end the Division of Disease Prevention and Control of the Department of Health; 42.22(6) new text begin (5) new text end the State Lottery; 42.23(7) new text begin (6) new text end criminal investigators of the Department of Revenue; 42.24(8) new text begin (7) new text end state-owned community service facilities in the Department of Human 42.25Services; 42.26(9) new text begin (8) new text end the investigative staff of the Department of Employment and Economic 42.27Development; 42.28(10) new text begin (9) new text end the Office of the Attorney General; and 42.29(11) new text begin (10) new text end the investigative staff of the Gambling Control Board. 42.30 new text begin (e) The state may not provide a car for use of the lieutenant governor. new text end 42.31    Sec. 55. new text begin [16B.90] MILESTONES REPORT REQUIRED. new text end 42.32 new text begin The commissioner of administration must establish a statewide system of economic new text end 42.33 new text begin (including tax implications), social, and environmental performance measures. The new text end 42.34 new text begin milestones must provide the economic (including tax implications), social, and new text end 42.35 new text begin environmental information necessary for public and elected officials to understand and new text end 43.1 new text begin evaluate the sustainability of the state's long-term trends. The commissioner must report new text end 43.2 new text begin on the trends and their implications each year. The commissioner may contract for the new text end 43.3 new text begin development of information and measures. new text end 43.4    Sec. 56. new text begin [16B.99] GEOSPATIAL INFORMATION OFFICE. new text end 43.5     new text begin Subdivision 1. new text end new text begin Creation. new text end new text begin The Minnesota Geospatial Information Office is created new text end 43.6 new text begin under the supervision of the commissioner of administration. new text end 43.7     new text begin Subd. 2. new text end new text begin Responsibilities; authority. new text end new text begin The office has authority to provide new text end 43.8 new text begin coordination, guidance, and leadership, and to plan the implementation of Minnesota's new text end 43.9 new text begin geospatial information technology. The office shall identify, coordinate, and guide new text end 43.10 new text begin strategic investments in geospatial information technology systems, data, and services to new text end 43.11 new text begin ensure effective implementation and use of Geospatial Information Systems (GIS) by state new text end 43.12 new text begin agencies to maximize benefits for state government as an enterprise. new text end 43.13     new text begin Subd. 3. new text end new text begin Duties. new text end new text begin (a) The office must: new text end 43.14 new text begin (1) coordinate and guide the efficient and effective use of available federal, new text end 43.15 new text begin state, local, and public-private resources to develop statewide geospatial information new text end 43.16 new text begin technology, data, and services; new text end 43.17 new text begin (2) provide leadership and outreach, and ensure cooperation and coordination for new text end 43.18 new text begin all GIS functions in state and local government, including coordination between state new text end 43.19 new text begin agencies, intergovernment coordination between state and local units of government, and new text end 43.20 new text begin extragovernment coordination, which includes coordination with academic and other new text end 43.21 new text begin private and nonprofit sector GIS stakeholders; new text end 43.22 new text begin (3) review state agency and intergovernment geospatial technology, data, and new text end 43.23 new text begin services development efforts involving state or intergovernment funding, including federal new text end 43.24 new text begin funding; new text end 43.25 new text begin (4) provide information to the legislature regarding projects reviewed, and new text end 43.26 new text begin recommend projects for inclusion in the governor's budget under section 16A.11; new text end 43.27 new text begin (5) coordinate management of geospatial technology, data, and services between new text end 43.28 new text begin state and local governments; new text end 43.29 new text begin (6) provide coordination, leadership, and consultation to integrate government new text end 43.30 new text begin technology services with GIS infrastructure and GIS programs; new text end 43.31 new text begin (7) work to avoid or eliminate unnecessary duplication of existing GIS technology new text end 43.32 new text begin services and systems, including services provided by other public and private organizations new text end 43.33 new text begin while building on existing governmental infrastructures; new text end 43.34 new text begin (8) promote and coordinate consolidated geospatial technology, data, and services new text end 43.35 new text begin and shared geospatial Web services for state and local governments; and new text end 44.1 new text begin (9) promote and coordinate geospatial technology training, technical guidance, and new text end 44.2 new text begin project support for state and local governments. new text end 44.3     new text begin Subd. 4. new text end new text begin Duties of chief geospatial information officer. new text end new text begin (a) In consultation with the new text end 44.4 new text begin state geospatial advisory council, the commissioner of administration, the commissioner new text end 44.5 new text begin of finance, and the Minnesota chief information officer, the chief geospatial information new text end 44.6 new text begin officer must identify when it is cost-effective for agencies to develop and use shared new text end 44.7 new text begin information and geospatial technology systems, data, and services. The chief geospatial new text end 44.8 new text begin information officer may require agencies to use shared information and geospatial new text end 44.9 new text begin technology systems, data, and services. new text end 44.10 new text begin (b) The chief geospatial information officer, in consultation with the state new text end 44.11 new text begin geospatial advisory council, must establish reimbursement rates in cooperation with new text end 44.12 new text begin the commissioner of finance to bill agencies and other governmental entities sufficient new text end 44.13 new text begin to cover the actual development, operation, maintenance, and administrative costs of new text end 44.14 new text begin the shared systems. The methodology for billing may include the use of interagency new text end 44.15 new text begin agreements, or other means as allowed by law. new text end 44.16     new text begin Subd. 5. new text end new text begin Fees. new text end new text begin (a) The chief geospatial information officer must set fees under new text end 44.17 new text begin section 16A.1285 that reflect the actual cost of providing information products and new text end 44.18 new text begin services to clients. The fees must be approved by the commissioner of finance. Fees new text end 44.19 new text begin are not subject to rulemaking under chapter 14 and section 14.386 does not apply. Fees new text end 44.20 new text begin collected must be deposited in the state treasury and credited to the Minnesota Geospatial new text end 44.21 new text begin Information Office revolving account. Money in the account is appropriated to the chief new text end 44.22 new text begin geospatial information officer for providing GIS consulting services, software, data, Web new text end 44.23 new text begin services, and map products on a cost-recovery basis, including the cost of services, new text end 44.24 new text begin supplies, material, labor, and equipment as well as the portion of the general support new text end 44.25 new text begin costs and statewide indirect costs of the office that is attributable to the delivery of these new text end 44.26 new text begin products and services. Money in the account shall not be used for the general operation of new text end 44.27 new text begin the Minnesota Geospatial Information Office. new text end 44.28 new text begin (b) The chief geospatial information officer may require a state agency to make new text end 44.29 new text begin an advance payment to the revolving fund sufficient to cover the agency's estimated new text end 44.30 new text begin obligation for a period of 60 days or more. If the revolving fund is abolished or liquidated, new text end 44.31 new text begin the total net profit from the operation of the fund must be distributed to the various funds new text end 44.32 new text begin from which purchases were made. For a given period of time, the amount of total net profit new text end 44.33 new text begin to be distributed to each fund shall reflect the same ratio of total purchases attributable to new text end 44.34 new text begin each fund divided by the total purchases from all funds. new text end 44.35     new text begin Subd. 6. new text end new text begin Accountability. new text end new text begin The chief geospatial information officer is appointed by new text end 44.36 new text begin the commissioner of administration and shall work closely with the Minnesota chief new text end 45.1 new text begin information officer who shall play an advisory role on technology projects, standards, new text end 45.2 new text begin and services. new text end 45.3     new text begin Subd. 7. new text end new text begin Discretionary powers. new text end new text begin The office may: new text end 45.4 new text begin (1) enter into contracts for goods or services with public or private organizations new text end 45.5 new text begin and charge fees for services it provides; new text end 45.6 new text begin (2) apply for, receive, and expend money from public agencies; new text end 45.7 new text begin (3) apply for, accept, and disburse grants and other aids from the federal government new text end 45.8 new text begin and other public or private sources; new text end 45.9 new text begin (4) enter into contracts with agencies of the federal government, local government new text end 45.10 new text begin units, the University of Minnesota and other educational institutions, and private persons new text end 45.11 new text begin and other nongovernment organizations as necessary to perform its statutory duties; new text end 45.12 new text begin (5) appoint committees and task forces to assist the office in carrying out its duties; new text end 45.13 new text begin (6) sponsor and conduct conferences and studies, collect and disseminate new text end 45.14 new text begin information, and issue reports relating to geospatial information and technology issues; new text end 45.15 new text begin (7) participate in the activities and conferences related to geospatial information new text end 45.16 new text begin and communications technology issues; new text end 45.17 new text begin (8) review the GIS technology infrastructure of regions of the state and cooperate new text end 45.18 new text begin with and make recommendations to the governor, legislature, state agencies, local new text end 45.19 new text begin governments, local technology development agencies, the federal government, private new text end 45.20 new text begin businesses, and individuals for the realization of GIS information and technology new text end 45.21 new text begin infrastructure development potential; new text end 45.22 new text begin (9) sponsor, support, and facilitate innovative and collaborative geospatial systems new text end 45.23 new text begin technology, data, and services projects; and new text end 45.24 new text begin (10) review and recommend alternative sourcing strategies for state geospatial new text end 45.25 new text begin information systems technology, data, and services. new text end 45.26     new text begin Subd. 8. new text end new text begin Geospatial advisory councils created. new text end new text begin The chief geospatial information new text end 45.27 new text begin officer must establish a governance structure that includes advisory councils to obtain new text end 45.28 new text begin expert advice from stakeholders on issues focusing on improving the operations and new text end 45.29 new text begin management of geospatial technology within state government and also on issues of new text end 45.30 new text begin importance to users of geospatial technology throughout the state. new text end 45.31 new text begin (a) A statewide geospatial advisory council must advise the Minnesota Geospatial new text end 45.32 new text begin Information Office about issues concerning the improvement of services statewide new text end 45.33 new text begin through the coordinated, affordable, reliable, and effective use of geospatial technology. new text end 45.34 new text begin Membership of the statewide council must include voting members selected to represent a new text end 45.35 new text begin cross section of organizations that include counties, cities, universities, business, nonprofit new text end 45.36 new text begin organizations, federal agencies, and state agencies. State agency membership must be new text end 46.1 new text begin limited to no more than 20 percent of the total voting membership. In addition, the chief new text end 46.2 new text begin geospatial information officer must be a nonvoting member. new text end 46.3 new text begin (b) A state government geospatial advisory council must advise the Minnesota new text end 46.4 new text begin Geospatial Information Office on issues concerning improving state government services new text end 46.5 new text begin through the coordinated, affordable, reliable, and effective use of geospatial technology. new text end 46.6 new text begin Membership of the state government council must include voting members representing new text end 46.7 new text begin up to 15 state government agencies and constitutional offices, including the Office of new text end 46.8 new text begin Enterprise Technology and the Minnesota Geospatial Information Office and shall be new text end 46.9 new text begin chaired by the chief geographic information officer. A representative of the statewide new text end 46.10 new text begin geospatial advisory council must serve as a nonvoting member. new text end 46.11 new text begin (c) Members of both the statewide geospatial advisory council and the state new text end 46.12 new text begin government advisory council must be recommended by a process that ensures that each new text end 46.13 new text begin member is designated to represent a clearly identified agency or stakeholder category new text end 46.14 new text begin and that complies with the state's open appointment process. Appointments must be new text end 46.15 new text begin made by the commissioner of administration for a period of two years. Members serve new text end 46.16 new text begin at the pleasure of the commissioner. Members must be reimbursed for expenses in the new text end 46.17 new text begin manner specified in section 15.059, but do not receive per diem under that section. The new text end 46.18 new text begin advisory councils expire June 30, 2013. new text end 46.19 new text begin (d) The Minnesota Geospatial Information Office must provide administrative new text end 46.20 new text begin support for both geospatial advisory councils. new text end 46.21     new text begin Subd. 9. new text end new text begin Report to legislature. new text end new text begin By January 15, 2010, the chief geospatial new text end 46.22 new text begin information officer must provide a report to the appropriate chairs of the state government new text end 46.23 new text begin committees of the legislature that addresses all statutes that refer to the land management new text end 46.24 new text begin information center or land management information system and makes a recommendation new text end 46.25 new text begin about whether they should be continued, amended, or repealed. new text end 46.26 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2009. new text end 46.27    Sec. 57. new text begin [16C.046] INELIGIBILITY. new text end 46.28 new text begin A person is not eligible to be awarded a contract, or sell any goods or services to new text end 46.29 new text begin an agency if the person has been convicted of a crime for knowingly employing illegal new text end 46.30 new text begin aliens in the United States. The person remains ineligible for five years from the date of new text end 46.31 new text begin the conviction. This section applies to the Minnesota State Colleges and Universities. new text end 46.32 new text begin For purposes of this section, "person" means a natural person or a business. A business new text end 46.33 new text begin is ineligible under this section if a natural person who owns more than one-half of the new text end 46.34 new text begin business is convicted of a crime specified in this section. The commissioner may waive new text end 47.1 new text begin application of this section if the commissioner determines that waiver is in the best new text end 47.2 new text begin interests of the state. new text end 47.3 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2009, and applies to new text end 47.4 new text begin solicitations sent and contracts entered into on and after that date. new text end 47.5    Sec. 58. new text begin [16E.22] STATEWIDE ELECTRONIC LICENSING SYSTEM. new text end 47.6     new text begin Subdivision 1. new text end new text begin Account established; appropriation. new text end new text begin The statewide electronic new text end 47.7 new text begin licensing account is created in the special revenue fund. Receipts credited to the account new text end 47.8 new text begin are appropriated to the state chief information officer for completion of the Minnesota new text end 47.9 new text begin electronic licensing system, for transferring licensing agencies to the system, and for new text end 47.10 new text begin operation and maintenance of the system during the completion and transfer period. new text end 47.11     new text begin Subd. 2. new text end new text begin Requirements. new text end new text begin The transfer of an existing electronic licensing system new text end 47.12 new text begin to the Minnesota electronic licensing system may not reduce the critical functionality new text end 47.13 new text begin provided by the existing system. new text end 47.14     new text begin Subd. 3. new text end new text begin Temporary licensing surcharge. new text end new text begin (a) Executive branch state agencies shall new text end 47.15 new text begin collect a temporary surcharge of ten percent of the licensing fee, but no less than $5 and no new text end 47.16 new text begin more than $150 on each business, commercial, professional, or occupational license that: new text end 47.17 new text begin (1) requires a fee; and new text end 47.18 new text begin (2) will be transferred to the Minnesota electronic licensing system, as determined new text end 47.19 new text begin by the state chief information officer. new text end 47.20 new text begin The surcharge applies to initial license applications and license renewals. Each agency new text end 47.21 new text begin that issues a license subject to this subdivision shall collect the surcharge for the license new text end 47.22 new text begin for up to six years between July 1, 2009, and June 30, 2015, as directed by the state new text end 47.23 new text begin chief information officer. Receipts from the surcharge shall be deposited in the statewide new text end 47.24 new text begin licensing account established in subdivision 1. Department of Commerce licensees who new text end 47.25 new text begin are paying for an existing electronic licensing database system under section 45.24 must new text end 47.26 new text begin not be required to pay the surcharge under this section. The funds acquired under section new text end 47.27 new text begin 45.24 must be used in part, as determined by the commissioner of commerce, to fund the new text end 47.28 new text begin statewide electronic licensing system under this section and the fee imposed on licensees new text end 47.29 new text begin who pay for the system under section 45.24 may not exceed the maximum fee allowed new text end 47.30 new text begin under that section. new text end 47.31 new text begin (b) An agency may transfer an amount equivalent to the surcharge imposed under new text end 47.32 new text begin this section from existing license accounts in lieu of collecting the surcharge required new text end 47.33 new text begin under this section. If a transfer is made under this paragraph, the temporary surcharge new text end 47.34 new text begin required under paragraph (a) does not apply to the relevant license. Receipts from new text end 48.1 new text begin transfers received under this paragraph shall be deposited in the statewide licensing new text end 48.2 new text begin account established in subdivision 1. new text end 48.3     new text begin Subd. 4. new text end new text begin Priority. new text end new text begin In completing the statewide electronic licensing system, the new text end 48.4 new text begin chief information officer must give priority to the extent practical to licenses that are new text end 48.5 new text begin not currently issued electronically. new text end 48.6     new text begin Subd. 5. new text end new text begin Contract authority. new text end new text begin The state chief information officer may enter into new text end 48.7 new text begin a risk-share or phased agreement with a vendor to complete the Minnesota electronic new text end 48.8 new text begin licensing system and to transfer licensing agencies to the system, provided that the new text end 48.9 new text begin payment for the vendor's services under the agreement is limited to the revenue from the new text end 48.10 new text begin surcharge enacted under subdivision 2, after payment of state operating and maintenance new text end 48.11 new text begin costs. The agreement must clearly indicate that the state chief information officer may new text end 48.12 new text begin only expend amounts actually collected from the surcharge, after state operations and new text end 48.13 new text begin maintenance costs have been paid, in payment for the vendor's services and that the vendor new text end 48.14 new text begin assumes this risk when performing work under the contract. This section does not require new text end 48.15 new text begin the state chief information officer to pay the vendor the entire amount of the surcharge new text end 48.16 new text begin revenue that remains after payment of state operations and maintenance costs. Before new text end 48.17 new text begin entering into a contract under this subdivision, the state chief information officer must new text end 48.18 new text begin consult with the commissioner of finance regarding the implementation of the surcharge new text end 48.19 new text begin and the terms of the contract. new text end 48.20     new text begin Subd. 6. new text end new text begin Unused funds. new text end new text begin Money remaining in the statewide electronic licensing new text end 48.21 new text begin account after payment of all costs of completing the Minnesota electronic licensing new text end 48.22 new text begin system, transferring licensing agencies to the system, and operating and maintaining new text end 48.23 new text begin the system during the completion and transfer period is appropriated for the costs of new text end 48.24 new text begin operating and maintaining the Minnesota electronic licensing system after the system new text end 48.25 new text begin has been completed. new text end 48.26     new text begin Subd. 7. new text end new text begin Priority. new text end new text begin To the extent possible, in completing the Minnesota electronic new text end 48.27 new text begin licensing system, the state chief information officer must give priority to licenses that are new text end 48.28 new text begin not issued electronically. Licenses regulated by a health board under chapter 214 must not new text end 48.29 new text begin be transferred to the Minnesota electronic licensing system before July 1, 2011. new text end 48.30     new text begin Subd. 8. new text end new text begin Expiration. new text end new text begin This section expires on June 30, 2017. new text end 48.31    Sec. 59. Minnesota Statutes 2008, section 43A.02, is amended by adding a subdivision 48.32to read: 48.33     new text begin Subd. 18a. new text end new text begin Domestic partner. new text end new text begin "Domestic partner" means a person who has entered new text end 48.34 new text begin into a committed interdependent relationship with one other adult, where the partners: new text end 48.35 new text begin (1) are responsible for each other's basic common welfare; new text end 49.1 new text begin (2) share a common residence and intend to do so indefinitely; new text end 49.2 new text begin (3) are not related by blood or adoption to an extent that would prohibit marriage in new text end 49.3 new text begin this state; and new text end 49.4 new text begin (4) are legally competent and qualified to enter into a contract. new text end 49.5 new text begin For purposes of this subdivision, domestic partners may be considered to share a new text end 49.6 new text begin common residence, even if they do not each have a legal right to possess the residence or new text end 49.7 new text begin one or both domestic partners possess additional real property. new text end 49.8 new text begin If one domestic partner temporarily leaves the common residence with the intention new text end 49.9 new text begin to return, the domestic partners continue to share a common residence for the purposes new text end 49.10 new text begin of this subdivision. new text end 49.11    Sec. 60. Minnesota Statutes 2008, section 43A.1815, is amended to read: 49.1243A.1815 VACATION DONATION TO SICK LEAVE ACCOUNT. 49.13     new text begin (a) new text end In addition to donations under section 43A.181, a state employee may donate 49.14a total of up to 12 new text begin 40 new text end hours of accrued vacation leave each fiscal year to the sick leave 49.15account of one or more state employees. A state employee may not be paid for more than 49.1680 hours in a payroll period during which the employee uses sick leave credited to the 49.17employee's account as a result of a transfer from another state employee's vacation account. 49.18     new text begin (b) The recipient employee must receive donations, as available, for an illness new text end 49.19 new text begin or condition of the employee or a member of the employee's family that prevents the new text end 49.20 new text begin employee from working. The donations must be available without a waiting period as new text end 49.21 new text begin soon as the employee's sick and vacation leave is exhausted. Donations may be used for new text end 49.22 new text begin up to a total of 1,044 hours during the duration of eligible employment. Recipients must new text end 49.23 new text begin continue to accrue vacation and sick leave while they are on donation leave. new text end 49.24 new text begin (c) An applicant for benefits under this section who receives an unfavorable new text end 49.25 new text begin determination may select a designee to consult with the commissioner or commissioner's new text end 49.26 new text begin designee on the reasons for the determination. new text end 49.27     new text begin (d) new text end The commissioner shall establish procedures under section 43A.04, subdivision 49.284 , for eligibility, duration of need based on individual cases, monitoring and evaluation of 49.29individual eligibility status, and other topics related to administration of this program. 49.30    Sec. 61. new text begin [43A.184] SICK LEAVE FOR VETERANS WITH SERVICE-RELATED new text end 49.31 new text begin DISABILITIES. new text end 49.32 new text begin On a form prescribed by the commissioner, a state employee who is a veteran with a new text end 49.33 new text begin service-related disability may apply to the employee's appointing authority for additional new text end 49.34 new text begin sick leave to receive treatment for the disability, as provided in this section. The employee new text end 50.1 new text begin must qualify as a veteran under section 197.447, and have a sick leave balance that is new text end 50.2 new text begin insufficient to receive treatment for the disability. If the appointing authority approves the new text end 50.3 new text begin request, the appointing authority shall authorize 40 hours of sick leave for the employee in new text end 50.4 new text begin the current fiscal year. The appointing authority may approve sick leave for an employee new text end 50.5 new text begin under this section one time in each fiscal year. new text end 50.6    Sec. 62. Minnesota Statutes 2008, section 43A.24, subdivision 1, is amended to read: 50.7    Subdivision 1. General. Employees, including persons on layoff from a civil 50.8service position, and employees who are employed less than full time, shall be eligible 50.9for state paid life insurance and hospital, medical and dental benefits as provided in 50.10collective bargaining agreements or plans established pursuant to section 43A.18. new text begin If a new text end 50.11 new text begin collective bargaining agreement or plan provides state paid health insurance for spouses of new text end 50.12 new text begin employees, the insurance must be made available to a domestic partner of a state employee new text end 50.13 new text begin on the same terms and conditions. new text end 50.14 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2012. new text end 50.15    Sec. 63. Minnesota Statutes 2008, section 43A.49, is amended to read: 50.1643A.49 VOLUNTARY UNPAID LEAVE OF ABSENCE. 50.17(a) Appointing authorities in state government may allow each employee to take 50.18unpaid leaves of absence for up to 1,040 hours between June 1, 2007, and June 30, 2009. 50.19The 1,040 hour limit replaces, and is not in addition to, limits set in prior laws new text begin in each new text end 50.20 new text begin two-year period beginning July 1 of each odd-numbered year new text end . Each appointing authority 50.21approving such a leave shall allow the employee to continue accruing vacation and sick 50.22leave, be eligible for paid holidays and insurance benefits, accrue seniority, and accrue 50.23service credit and credited salary in the state retirement plans as if the employee had 50.24actually been employed during the time of leave. An employee covered by the unclassified 50.25plan may voluntarily make the employee contributions to the unclassified plan during the 50.26leave of absence. If the employee makes these contributions, the appointing authority 50.27must make the employer contribution. If the leave of absence is for one full pay period or 50.28longer, any holiday pay shall be included in the first payroll warrant after return from the 50.29leave of absence. The appointing authority shall attempt to grant requests for the unpaid 50.30leaves of absence consistent with the need to continue efficient operation of the agency. 50.31However, each appointing authority shall retain discretion to grant or refuse to grant 50.32requests for leaves of absence and to schedule and cancel leaves, subject to the applicable 50.33provisions of collective bargaining agreements and compensation plans. 51.1(b) To receive eligible service credit and credited salary in a defined benefit plan, the 51.2member shall pay an amount equal to the applicable employee contribution rates. If an 51.3employee pays the employee contribution for the period of the leave under this section, 51.4the appointing authority must pay the employer contribution. The appointing authority 51.5may, at its discretion, pay the employee contributions. Contributions must be made in a 51.6time and manner prescribed by the executive director of the Minnesota State Retirement 51.7 new text begin applicable retirement new text end Association new text begin system new text end . 51.8    Sec. 64. new text begin [43A.55] MANAGEMENT ANALYSIS REVOLVING FUND. new text end 51.9     new text begin Subdivision 1. new text end new text begin Creation. new text end new text begin The management analysis revolving fund is created in the new text end 51.10 new text begin state treasury. new text end 51.11     new text begin Subd. 2. new text end new text begin Appropriation and use of funds. new text end new text begin Money in the management analysis new text end 51.12 new text begin revolving fund is appropriated annually to the commissioner to provide analytical, new text end 51.13 new text begin statistical, and organizational development services to state agencies, local units of new text end 51.14 new text begin government, metropolitan and regional agencies, school districts, and other public entities new text end 51.15 new text begin in the state. new text end 51.16     new text begin Subd. 3. new text end new text begin Reimbursements. new text end new text begin Except as specifically provided otherwise, each new text end 51.17 new text begin agency shall reimburse the management analysis revolving fund for the cost of all new text end 51.18 new text begin services, supplies, materials, labor, and depreciation of equipment, including reasonable new text end 51.19 new text begin overhead costs, that the commissioner is authorized and directed to furnish an agency. new text end 51.20 new text begin The commissioner shall report the rates to be charged for the revolving fund no later than new text end 51.21 new text begin July 1 of each year to the chair of the committee or division of the senate or the house of new text end 51.22 new text begin representatives with primary jurisdiction over the budget of the Department of Finance. new text end 51.23     new text begin Subd. 4. new text end new text begin Cash flow. new text end new text begin The commissioner may make appropriate transfers to the new text end 51.24 new text begin revolving fund according to section 16A.126. The commissioner may make allotment new text end 51.25 new text begin and encumbrances in anticipation of these transfers. In addition, the commissioner may new text end 51.26 new text begin require an agency to make advance payments to the revolving fund sufficient to cover new text end 51.27 new text begin the office's estimated obligation for a period of at least 60 days. All reimbursements new text end 51.28 new text begin and other money received by the commissioner under this section must be deposited in new text end 51.29 new text begin the management analysis revolving fund. new text end 51.30     new text begin Subd. 5. new text end new text begin Liquidation. new text end new text begin If the management analysis revolving fund is abolished or new text end 51.31 new text begin liquidated, the total net profit from the operation of the fund must be distributed to the new text end 51.32 new text begin various funds from which purchases were made. For a given period of time, the amount of new text end 51.33 new text begin total net profit to be distributed to each fund shall reflect the same ratio of total purchases new text end 51.34 new text begin attributable to each fund divided by the total purchases from all funds. new text end 52.1    Sec. 65. Minnesota Statutes 2008, section 116G.15, is amended to read: 52.2116G.15 MISSISSIPPI RIVER CRITICAL AREA. 52.3(a) The federal Mississippi National River and Recreation Area established 52.4pursuant to United States Code, title 16, section 460zz-2(k), is designated an area of 52.5critical concern in accordance with this chapter. The governor shall review the existing 52.6Mississippi River critical area plan and specify any additional standards and guidelines 52.7to affected communities in accordance with section 116G.06, subdivision 2, paragraph 52.8(b), clauses (3) and (4), needed to insure preservation of the area pending the completion 52.9of the federal plan. 52.10The results of an environmental impact statement prepared under chapter 116D 52.11begun before and completed after July 1, 1994, for a proposed project that is located in 52.12the Mississippi River critical area north of the United States Army Corps of Engineers 52.13Lock and Dam Number One must be submitted in a report to the chairs of the environment 52.14and natural resources policy and finance committees of the house of representatives 52.15and the senate prior to the issuance of any state or local permits and the authorization 52.16for an issuance of any bonds for the project. A report made under this paragraph shall 52.17be submitted by the responsible governmental unit that prepared the environmental 52.18impact statement, and must list alternatives to the project that are determined by the 52.19environmental impact statement to be economically less expensive and environmentally 52.20superior to the proposed project and identify any legislative actions that may assist in the 52.21implementation of environmentally superior alternatives. This paragraph does not apply 52.22to a proposed project to be carried out by the Metropolitan Council or a metropolitan 52.23agency as defined in section . 52.24(b) If the results of an environmental impact statement required to be submitted by 52.25paragraph (a) indicate that there is an economically less expensive and environmentally 52.26superior alternative, then no member agency of the Environmental Quality Board shall 52.27issue a permit for the facility that is the subject of the environmental impact statement, 52.28other than an economically less expensive and environmentally superior alternative, 52.29nor shall any government bonds be issued for the facility, other than an economically 52.30less expensive and environmentally superior alternative, until after the legislature has 52.31adjourned its regular session sine die in 1996. 52.32    Sec. 66. new text begin [116G.152] CRITICAL AREA. new text end 52.33 new text begin The Metropolitan Council, in consultation with the Environmental Quality Board, new text end 52.34 new text begin shall consider for inclusion in the regional recreational open space system created in new text end 52.35 new text begin chapter 473 property adjacent to Main Street and southeast of 6th Avenue Southeast in the new text end 53.1 new text begin city of Minneapolis. The Council and the Environmental Quality Board shall report to the new text end 53.2 new text begin legislature by January 15, 2011, on the extent to which inclusion of the property in the new text end 53.3 new text begin open space system would support official plans for the area, including local comprehensive new text end 53.4 new text begin plans, regional park plans, and Mississippi River Critical Area standards. No rezoning, new text end 53.5 new text begin conditional use permit, or variance may be granted with respect to any property in the area new text end 53.6 new text begin described in this section until the legislature determines that the property is not suitable for new text end 53.7 new text begin inclusion in the regional recreational open space system. new text end 53.8    Sec. 67. Minnesota Statutes 2008, section 135A.17, subdivision 2, is amended to read: 53.9    Subd. 2. Residential housing list. All postsecondary institutions that enroll students 53.10accepting state or federal financial aid may new text begin (a) Institutions within the Minnesota State new text end 53.11 new text begin Colleges and Universities system must new text end prepare a current list of students enrolled in the 53.12institution and residing in the institution's housing or within ten miles of the institution's 53.13campus new text begin Minnesota new text end . The list shall new text begin must new text end include each student's new text begin name and new text end current address new text begin new text end 53.14 new text begin as permitted by applicable privacy laws new text end . The list shall new text begin must new text end be certified and sent to the 53.15appropriate county auditor or auditors new text begin secretary of state no earlier than 30 and no later than new text end 53.16 new text begin 25 days prior to the November general election, in an electronic format specified by the new text end 53.17 new text begin secretary of state, new text end for use in election day registration as provided under section 201.061, 53.18subdivision 3 . new text begin The certification must be dated and signed by the chief officer or designee new text end 53.19 new text begin of the postsecondary educational institution, or for institutions within the Minnesota new text end 53.20 new text begin State Colleges and Universities system, by the chancellor, and must state that the list is new text end 53.21 new text begin current and accurate and includes only the names of currently enrolled students residing in new text end 53.22 new text begin Minnesota as of the date of certification. The secretary of state must combine the data new text end 53.23 new text begin received from each postsecondary educational institution under this subdivision and must new text end 53.24 new text begin process the data to locate the precinct in which the address provided for each student is new text end 53.25 new text begin located. If the data submitted by the postsecondary educational institution is insufficient new text end 53.26 new text begin for the secretary of state to locate the proper precinct, the associated student name must new text end 53.27 new text begin not appear in any list forwarded to a county auditor under this subdivision. new text end 53.28 new text begin At least 14 days prior to the November general election, the secretary of state new text end 53.29 new text begin must forward to the appropriate county auditor lists of students containing the students' new text end 53.30 new text begin names and addresses for which precinct determinations have been made along with their new text end 53.31 new text begin postsecondary educational institutions. The list must be sorted by precinct and student new text end 53.32 new text begin last name and must be forwarded in an electronic format specified by the secretary of new text end 53.33 new text begin state or other mutually agreed upon medium, if a written agreement specifying the new text end 53.34 new text begin medium is signed by the secretary of state and the county auditor at least 90 days before new text end 54.1 new text begin the November general election. A written agreement is effective for all elections until new text end 54.2 new text begin rescinded by either the secretary of state or the county auditor. new text end 54.3 new text begin (b) Other postsecondary institutions may provide lists as provided by this subdivision new text end 54.4 new text begin or as provided by the rules of the secretary of state. The University of Minnesota is new text end 54.5 new text begin requested to comply with this subdivision. new text end 54.6 new text begin (c) new text end A residential housing list provided under this subdivision may not be used or 54.7disseminated by a county auditor or the secretary of state for any other purpose. 54.8    Sec. 68. Minnesota Statutes 2008, section 201.061, subdivision 1, is amended to read: 54.9    Subdivision 1. Prior to election day. At any time except during the 20 days 54.10immediately preceding any regularly scheduled election, an eligible voter or any 54.11individual who will be an eligible voter at the time of the next election may register to vote 54.12in the precinct in which the voter maintains residence by completing a voter registration 54.13application as described in section 201.071, subdivision 1, and submitting it in person or 54.14by mail to the county auditor of that county or to the Secretary of State's Office. new text begin If the Web new text end 54.15 new text begin site maintained by the secretary of state provides a process for it, an individual who has new text end 54.16 new text begin a Minnesota driver's license, identification card, or learner's permit may register online. new text end 54.17A registration that is received no later than 5:00 p.m. on the 21st day preceding any 54.18election shall be accepted. An improperly addressed or delivered registration application 54.19shall be forwarded within two working days after receipt to the county auditor of the 54.20county where the voter maintains residence. A state or local agency or an individual that 54.21accepts completed voter registration applications from a voter must submit the completed 54.22applications to the secretary of state or the appropriate county auditor within ten days 54.23after the applications are dated by the voter. 54.24For purposes of this section, mail registration is defined as a voter registration 54.25application delivered to the secretary of state, county auditor, or municipal clerk by the 54.26United States Postal Service or a commercial carrier. 54.27    Sec. 69. Minnesota Statutes 2008, section 201.061, subdivision 3, is amended to read: 54.28    Subd. 3. Election day registration. (a) An individual who is eligible to vote may 54.29register on election day by appearing in person at the polling place for the precinct in 54.30which the individual maintains residence, by completing a registration application, making 54.31an oath in the form prescribed by the secretary of state and providing proof of residence. 54.32An individual may prove residence for purposes of registering by: 54.33    (1) presenting a driver's license or Minnesota identification card issued pursuant 54.34to section 171.07; 55.1    (2) presenting any document approved by the secretary of state as proper 55.2identification; 55.3    (3) presenting one of the following: 55.4    (i) a current valid student identification card from a postsecondary educational 55.5institution in Minnesota, if a list of students from that institution has been prepared under 55.6section 135A.17 and certified to the county auditor new text begin or new text end in the manner provided in rules of 55.7the secretary of state; or 55.8    (ii) a current student fee statement that contains the student's valid address in the 55.9precinct together with a picture identification card; or 55.10    (4) having a voter who is registered to vote in the precinct, or who is an employee 55.11employed by and working in a residential facility in the precinct and vouching for a 55.12resident in the facility, sign an oath in the presence of the election judge vouching that the 55.13voter or employee personally knows that the individual is a resident of the precinct. A 55.14voter who has been vouched for on election day may not sign a proof of residence oath 55.15vouching for any other individual on that election day. A voter who is registered to vote in 55.16the precinct may sign up to 15 proof-of-residence oaths on any election day. This limitation 55.17does not apply to an employee of a residential facility described in this clause. The 55.18secretary of state shall provide a form for election judges to use in recording the number 55.19of individuals for whom a voter signs proof-of-residence oaths on election day. The 55.20form must include space for the maximum number of individuals for whom a voter may 55.21sign proof-of-residence oaths. For each proof-of-residence oath, the form must include 55.22a statement that the voter is registered to vote in the precinct, personally knows that the 55.23individual is a resident of the precinct, and is making the statement on oath. The form must 55.24include a space for the voter's printed name, signature, telephone number, and address. 55.25    The oath required by this subdivision and Minnesota Rules, part 8200.9939, must be 55.26attached to the voter registration application. 55.27    (b) The operator of a residential facility shall prepare a list of the names of its 55.28employees currently working in the residential facility and the address of the residential 55.29facility. The operator shall certify the list and provide it to the appropriate county auditor 55.30no less than 20 days before each election for use in election day registration. 55.31    (c) "Residential facility" means transitional housing as defined in section 256E.33, 55.32subdivision 1 ; a supervised living facility licensed by the commissioner of health under 55.33section 144.50, subdivision 6; a nursing home as defined in section 144A.01, subdivision 55.345 ; a residence registered with the commissioner of health as a housing with services 55.35establishment as defined in section 144D.01, subdivision 4; a veterans home operated by 55.36the board of directors of the Minnesota Veterans Homes under chapter 198; a residence 56.1licensed by the commissioner of human services to provide a residential program as 56.2defined in section 245A.02, subdivision 14; a residential facility for persons with a 56.3developmental disability licensed by the commissioner of human services under section 56.4252.28 ; group residential housing as defined in section 256I.03, subdivision 3; a shelter 56.5for battered women as defined in section 611A.37, subdivision 4; or a supervised 56.6publicly or privately operated shelter or dwelling designed to provide temporary living 56.7accommodations for the homeless. 56.8    (d) For tribal band members, an individual may prove residence for purposes of 56.9registering by: 56.10    (1) presenting an identification card issued by the tribal government of a tribe 56.11recognized by the Bureau of Indian Affairs, United States Department of the Interior, that 56.12contains the name, address, signature, and picture of the individual; or 56.13    (2) presenting an identification card issued by the tribal government of a tribe 56.14recognized by the Bureau of Indian Affairs, United States Department of the Interior, that 56.15contains the name, signature, and picture of the individual and also presenting one of the 56.16documents listed in Minnesota Rules, part 8200.5100, subpart 2, item B. 56.17    (e) A county, school district, or municipality may require that an election judge 56.18responsible for election day registration initial each completed registration application. 56.19    Sec. 70. Minnesota Statutes 2008, section 201.071, subdivision 1, is amended to read: 56.20    Subdivision 1. Form. A voter registration application must be of suitable size and 56.21weight for mailing and contain spaces for the following required information: voter's first 56.22name, middle name, and last name; voter's previous name, if any; voter's current address; 56.23voter's previous address, if any; voter's date of birth; voter's municipality and county of 56.24residence; voter's telephone number, if provided by the voter; date of registration; current 56.25and valid Minnesota driver's license number or Minnesota state identification number, 56.26or if the voter has no current and valid Minnesota driver's license or Minnesota state 56.27identification, new text begin and new text end the last four digits of the voter's Social Security number; and voter's 56.28signature. The registration application may include the voter's e-mail address, if provided 56.29by the voter, and the voter's interest in serving as an election judge, if indicated by the 56.30voter. The application must also contain the following certification of voter eligibility: 56.31"I certify that I: 56.32(1) will be at least 18 years old on election day; 56.33(2) am a citizen of the United States; 56.34(3) will have resided in Minnesota for 20 days immediately preceding election day; 56.35(4) maintain residence at the address given on the registration form; 57.1(5) am not under court-ordered guardianship in which the court order revokes my 57.2right to vote; 57.3(6) have not been found by a court to be legally incompetent to vote; 57.4(7) have the right to vote because, if I have been convicted of a felony, my felony 57.5sentence has expired (been completed) or I have been discharged from my sentence; and 57.6(8) have read and understand the following statement: that giving false information 57.7is a felony punishable by not more than five years imprisonment or a fine of not more 57.8than $10,000, or both." 57.9The certification must include boxes for the voter to respond to the following 57.10questions: 57.11"(1) Are you a citizen of the United States?" and 57.12"(2) Will you be 18 years old on or before election day?" 57.13And the instruction: 57.14"If you checked 'no' to either of these questions, do not complete this form." 57.15The form of the voter registration application and the certification of voter eligibility 57.16must be as provided in this subdivision and approved by the secretary of state. Voter 57.17registration forms authorized by the National Voter Registration Act must also be accepted 57.18as valid. The federal postcard application form must also be accepted as valid if it is not 57.19deficient and the voter is eligible to register in Minnesota. 57.20An individual may use a voter registration application to apply to register to vote in 57.21Minnesota or to change information on an existing registration. 57.22 new text begin A paper voter registration application must include space for the voter's signature. new text end 57.23 new text begin Paper voter registration applications, other than those used for election day registration, new text end 57.24 new text begin must be of suitable size and weight for mailing. new text end 57.25    Sec. 71. Minnesota Statutes 2008, section 201.091, is amended by adding a subdivision 57.26to read: 57.27     new text begin Subd. 5a. new text end new text begin Registration confirmation to registered voter. new text end new text begin The secretary of state new text end 57.28 new text begin must ensure that the secretary of state's Web site is capable of providing voter registration new text end 57.29 new text begin confirmation to a registered voter. An individual requesting registration confirmation of new text end 57.30 new text begin the individual's own registration must provide the individual's name, address, and date new text end 57.31 new text begin of birth. If the information provided by the individual completely matches an active new text end 57.32 new text begin voter record in the statewide voter registration system, the Web site must inform the new text end 57.33 new text begin individual that the individual is a registered voter and must provide the individual with the new text end 57.34 new text begin individual's polling place location. If the information provided by the individual does not new text end 57.35 new text begin completely match an active voter record in the statewide voter registration system, the new text end 58.1 new text begin Web site must inform the individual that a voter record with that name and date of birth at new text end 58.2 new text begin the address provided cannot be confirmed and the Web site must advise the individual to new text end 58.3 new text begin contact the county auditor for further information. new text end 58.4 new text begin EFFECTIVE DATE. new text end new text begin This section is not effective until the secretary of state has new text end 58.5 new text begin certified that the Web site has been tested, has been shown to properly retrieve information new text end 58.6 new text begin from the correct voter's record, and can handle the expected volume of use. new text end 58.7    Sec. 72. new text begin [270C.145] TECHNOLOGY LEASE-PURCHASE APPROPRIATION. new text end 58.8 new text begin $2,117,000 is appropriated annually from the general fund to the commissioner new text end 58.9 new text begin to make payments under a lease-purchase agreement as defined in section 16A.81 for new text end 58.10 new text begin completing the purchase and development of an integrated tax software package; provided new text end 58.11 new text begin that the state is not obligated to continue the appropriation of funds or to make lease new text end 58.12 new text begin payments in any future fiscal year. Any unexpended portions of this appropriation cancel new text end 58.13 new text begin to the general fund at the close of each biennium. This section expires June 30, 2019. new text end 58.14    Sec. 73. Minnesota Statutes 2008, section 383B.72, is amended to read: 58.15383B.72 LAND ACQUISITION; TOWN CONSENT. 58.16Notwithstanding the provisions of section 398.09, the Board of Park District 58.17Commissioners of the Three Rivers Park District, before acquiring by purchase or 58.18condemnation real estate located within the boundaries of any organized town in Hennepin 58.19County, other than real estate located within an area designated for development of a park 58.20in the most recent revised plan which has been prepared by the district in accordance with 58.21section , and is on file on June 9, 1971, with the state department of parks, shall 58.22secure the consent of the town board of such town to such acquisition, by resolution duly 58.23adopted by such board. 58.24    Sec. 74. Minnesota Statutes 2008, section 471.345, subdivision 15, is amended to read: 58.25    Subd. 15. Cooperative purchasing. new text begin (a) Municipalities may contract for the new text end 58.26 new text begin purchase of supplies, materials, or equipment by utilizing contracts that are available new text end 58.27 new text begin through the state's cooperative purchasing venture authorized by section 16C.11 whenever new text end 58.28 new text begin practicable and cost-effective. new text end 58.29 new text begin (b) Unless required to utilize the state's cooperative purchasing venture under new text end 58.30 new text begin paragraph (a), new text end a municipality may contract for the purchase of supplies, materials, or 58.31equipment without regard to the competitive bidding requirements of this section if the 58.32purchase is through a national municipal association's purchasing alliance or cooperative 59.1created by a joint powers agreement that purchases items from more than one source on 59.2the basis of competitive bids or competitive quotations. 59.3    Sec. 75. Minnesota Statutes 2008, section 471.345, is amended by adding a subdivision 59.4to read: 59.5     new text begin Subd. 20. new text end new text begin Ineligibility. new text end new text begin A person is not eligible to receive a solicitation, be awarded new text end 59.6 new text begin a contract, or sell any goods or services to a municipality if the person has been convicted new text end 59.7 new text begin of a crime for knowingly employing illegal aliens in the United States. The person new text end 59.8 new text begin remains ineligible for five years from the date of the conviction. For purposes of this new text end 59.9 new text begin section, "person" means a natural person or a business. A business is ineligible under this new text end 59.10 new text begin section if a natural person who owns more than one-half of the business is convicted of new text end 59.11 new text begin a crime specified in this section. new text end 59.12 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2009, and applies to new text end 59.13 new text begin solicitations sent and contracts entered into on and after that date. new text end 59.14    Sec. 76. Laws 2005, chapter 156, article 2, section 45, as amended by Laws 2007, 59.15chapter 148, article 2, section 73, is amended to read: 59.16    Sec. 45. SALE OF STATE LAND. 59.17    Subdivision 1. State land sales. The commissioner of administration shall 59.18coordinate with the head of each department or agency having control of state-owned land 59.19to identify and sell at least $6,440,000 of state-owned land. Sales should be completed 59.20according to law and as provided in this section as soon as practicable but no later than 59.21June 30, 2009 new text begin 2011 new text end . Notwithstanding Minnesota Statutes, sections 16B.281 and 16B.282, 59.2294.09 and 94.10, or any other law to the contrary, the commissioner may offer land 59.23for public sale by only providing notice of lands or an offer of sale of lands to state 59.24departments or agencies, the University of Minnesota, cities, counties, towns, school 59.25districts, or other public entities. 59.26    Subd. 2. Anticipated savings. Notwithstanding Minnesota Statutes, section 59.2794.16, subdivision 3 , or other law to the contrary, the amount of the proceeds from the 59.28sale of land under this section that exceeds the actual expenses of selling the land must 59.29be deposited in the general fund, except as otherwise provided by the commissioner of 59.30finance. Notwithstanding Minnesota Statutes, section 94.11 or 16B.283, the commissioner 59.31of finance may establish the timing of payments for land purchased under this section. If 59.32the total of all money deposited into the general fund from the proceeds of the sale of land 59.33under this section is anticipated to be less than $6,440,000, the governor must allocate the 60.1amount of the difference as reductions to general fund operating expenditures for other 60.2executive agencies for the biennium ending June 30, 2009 new text begin 2011 new text end . 60.3    Subd. 3. Sale of state lands revolving loan fund. $290,000 is appropriated from 60.4the general fund in fiscal year 2006 to the commissioner of administration for purposes 60.5of paying the actual expenses of selling state-owned lands to achieve the anticipated 60.6savings required in this section. From the gross proceeds of land sales under this section, 60.7the commissioner of administration must cancel the amount of the appropriation in this 60.8subdivision to the general fund by June 30, 2009 new text begin 2011 new text end . 60.9    Sec. 77. Laws 2005, chapter 162, section 34, subdivision 2, is amended to read: 60.10    Subd. 2. Optical scan equipment. $6,000,000 is appropriated from the Help 60.11America Vote Act account to the secretary of state for grants to counties to purchase 60.12optical scan voting equipment. Counties are eligible for grants to the extent that they 60.13decide to purchase ballot marking machines and as a result do not have sufficient Help 60.14America Vote Act grant money remaining to also purchase a compatible precinct-based 60.15optical scan machine or central-count machine. These grants must be allocated to counties 60.16at a rate of $3,000 per eligible precinct until the appropriation is exhausted, with priority 60.17in the payment of grants to be given to counties currently using hand- and central-count 60.18voting systems and counties using precinct-count optical scan voting systems incompatible 60.19with assistive voting systems or ballot marking machines. This appropriation is available 60.20until June 30, 2009 new text begin 2012 new text end . 60.21 new text begin EFFECTIVE DATE. new text end new text begin This section is effective June 30, 2009. new text end 60.22    Sec. 78. Laws 2007, chapter 131, article 2, section 22, is amended to read: 60.23    Sec. 22. PRIVATE SALE OF SURPLUS STATE LAND; HENNEPIN 60.24COUNTY. 60.25    (a) Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner 60.26of natural resources may sell by private sale to a governmental subdivision the surplus 60.27land that is described in paragraph (c). 60.28    (b) The conveyance must be in a form approved by the attorney general. The 60.29attorney general may make necessary changes to the legal description to correct errors 60.30and ensure accuracy. The commissioner may sell the land to a governmental subdivision 60.31of the state for less than the value of the land as determined by the commissioner new text begin no new text end 60.32 new text begin consideration under the conditions and provisions described in paragraph (e) new text end , but the 60.33conveyance must provide that the land described in paragraph (c) be used for the public 60.34and reverts to the state if the governmental subdivision fails to provide for public use 61.1or abandons the public use of the land. The commissioner may include conservation 61.2restrictions in the conveyance deed to ensure the property is maintained as open space. 61.3    (c) The land that may be sold is located in Hennepin County and is described 61.4as follows: 61.5    (1) the Northwest Quarter of Southwest Quarter, Section 36, Township 120 North, 61.6Range 22 West, less road right-of-way, containing 39 acres, more or less; 61.7    (2) the east six and two-thirds acres of the West Half of the Southeast Quarter 61.8of the Southwest Quarter, Section 36, Township 120 North, Range 22 West, less road 61.9right-of-way, containing 6.67 acres, more or less; and 61.10    (3) the West Quarter of the East Half of the Southeast Quarter of the Southwest 61.11Quarter, Section 36, Township 120 North, Range 22 West, less road right-of-way, 61.12containing 4.87 acres, more or less. 61.13    (d) The land was conveyed to the state for wild game reservation purposes. Due 61.14to adjacent residential use and local zoning restrictions, the land is no longer available 61.15for hunting purposes. The Department of Natural Resources has determined that the 61.16state's land management interests would best be served if the lands were conveyed to a 61.17local unit of government. 61.18 new text begin (e) The payment in lieu to Hennepin County as provided under Minnesota Statutes, new text end 61.19 new text begin sections 477A.11 to 477A.145, will be reduced by $18,750 for the amounts payable in new text end 61.20 new text begin each of calendar years 2009 and 2010. new text end 61.21    Sec. 79. Laws 2007, chapter 148, article 2, section 79, is amended to read: 61.22    Sec. 79. TRAINING SERVICES. 61.23    During the biennium ending June 30, 2009 new text begin 2011 new text end , state executive branch agencies 61.24must consider using services provided by government training services before contracting 61.25with other outside vendors for similar services. 61.26    Sec. 80. new text begin CASH FLOW STUDY. new text end 61.27     new text begin By January 15, 2010, the commissioner of finance must submit to the chair of the new text end 61.28 new text begin Finance Committee in the senate and the chair of the Ways and Means Committee in the new text end 61.29 new text begin house of representatives, a report on the cash flow condition of the general fund for the new text end 61.30 new text begin fiscal year 2010-2011 biennium and the following biennium, including an assessment of new text end 61.31 new text begin the options for improving the long-term cash flow of the state through changes in the new text end 61.32 new text begin timing of general fund payment dates, revenue collections, or other changes. In addition, new text end 61.33 new text begin the report should identify all major provisions of law that result in state expenditures or new text end 61.34 new text begin revenues being recognized in budget documents in a fiscal year earlier or later than the new text end 62.1 new text begin fiscal year in which the obligation to pay state expenses was incurred or the liability new text end 62.2 new text begin to pay state taxes was incurred. new text end 62.3    Sec. 81. new text begin STATE EMPLOYEES' PERSONAL HEALTH RECORDS; CRITERIA. new text end 62.4 new text begin (a) The system that the commissioner of finance selects to provide electronic new text end 62.5 new text begin personal health records under Laws 2007, chapter 148, article 2, section 78, must meet the new text end 62.6 new text begin following criteria: new text end 62.7 new text begin (1) be interoperable and compliant with the ASTM International's Continuum of new text end 62.8 new text begin Care Record standards and the Continuity of Care Document standards; new text end 62.9 new text begin (2) provide consumer-owned records that are portable among plans, employers, new text end 62.10 new text begin and providers; new text end 62.11 new text begin (3) not be tethered to or affiliated with a specific health plan or provider; new text end 62.12 new text begin (4) support management, storing, and sharing of complete health history information, new text end 62.13 new text begin including but not limited to, medical conditions, medication history, surgeries, medical new text end 62.14 new text begin procedures, immunizations, lab results, radiology reports, health directives, and other new text end 62.15 new text begin medical records; new text end 62.16 new text begin (5) provide employees the ability to share their health data electronically with health new text end 62.17 new text begin providers and others and give them flexibility and control over which specific health new text end 62.18 new text begin data is shared; new text end 62.19 new text begin (6) enable each employee to manage multiple personal health record accounts for new text end 62.20 new text begin family members under the employee's account; new text end 62.21 new text begin (7) provide a range of consumer engagement and decision support tools, such as new text end 62.22 new text begin online provider directories and health care cost management tools; new text end 62.23 new text begin (8) support integration of third-party applications, such as health risk assessments new text end 62.24 new text begin and wellness and incentive programs; and new text end 62.25 new text begin (9) provide that participation in the system is voluntary for each employee. new text end 62.26 new text begin (b) The commissioner of finance must contract with a vendor that demonstrates new text end 62.27 new text begin the following: new text end 62.28 new text begin (1) a plan and ability to provide Minnesota consumers access to data on prescription new text end 62.29 new text begin history, immunizations, lab and radiology results, and other medical records; new text end 62.30 new text begin (2) an ability to provide online consumer-owned health records to all Minnesotans; new text end 62.31 new text begin (3) a plan to serve rural and underserved communities; and new text end 62.32 new text begin (4) a commitment to providing Minnesota-based staff for onsite assistance in new text end 62.33 new text begin planning and participation in securing and integrating health data from multiple sources new text end 62.34 new text begin for consumers. new text end 63.1 new text begin (c) The selected system must not permit ad-serving cookies, tracking of clicked new text end 63.2 new text begin links, and server log commercial data mining without the express consent of the consumer. new text end 63.3 new text begin The selected system must require the same privacy terms for all linked services and must new text end 63.4 new text begin not share aggregate, de-identified information without express consent from the consumer. new text end 63.5 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 63.6    Sec. 82. new text begin COLOCATION REPORT. new text end 63.7 new text begin The Management Analysis Division of the Department of Finance must study and new text end 63.8 new text begin report to the legislature by January 15, 2010, on possible colocation of the offices of the new text end 63.9 new text begin Council on Black Minnesotans, the Council on Affairs of Chicano/Latino People, the new text end 63.10 new text begin Council on Asian-Pacific Minnesotans, and the metropolitan area office of the Indian new text end 63.11 new text begin Affairs Council. The report must include analysis of potential cost savings, when those new text end 63.12 new text begin savings could be realized, and the effect of potential colocation on operations of the new text end 63.13 new text begin councils. new text end 63.14 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 63.15    Sec. 83. new text begin NO TRANSFER OF EQB DUTIES OR STAFF. new text end 63.16 new text begin During the biennium ending June 30, 2011, the executive branch may not use new text end 63.17 new text begin authority under Minnesota Statutes, section 16B.37 or any other authority to transfer new text end 63.18 new text begin powers, duties, or personnel associated with the Environmental Quality Board. new text end 63.19    Sec. 84. new text begin ACCOUNTING AND PROCUREMENT SYSTEMS. new text end 63.20 new text begin The commissioner of finance must consult with the chairs of the house of new text end 63.21 new text begin representatives Ways and Means Committee and senate Finance Committee before new text end 63.22 new text begin encumbering any funds appropriated for use on or after July 1, 2009, for the planning, new text end 63.23 new text begin development, and implementation of state accounting or procurement systems. No funds new text end 63.24 new text begin appropriated for these purposes may be spent unless the commissioner certifies that the new text end 63.25 new text begin systems will include an application programming interface that allows public access to the new text end 63.26 new text begin system's underlying data on state contracts, appropriations, and expenditures using an open new text end 63.27 new text begin format. In developing the public access system, the commissioner must consult with the new text end 63.28 new text begin commissioner of administration and the director of the Office of Enterprise Technology to new text end 63.29 new text begin ensure that the design and operation of the system are done in compliance with Minnesota new text end 63.30 new text begin Statutes, chapter 13, Minnesota Statutes, section 138.17, and other laws governing data new text end 63.31 new text begin practices, including but not limited to, ensuring that government data in the system are new text end 64.1 new text begin easily accessible for convenient use by the public, ensuring that only public data are placed new text end 64.2 new text begin on the Web site, and preparing and following retention schedules for data in the system. new text end 64.3 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2009. new text end 64.4    Sec. 85. new text begin RACING LICENSE FEE RATIFICATION. new text end 64.5 new text begin The license fees in Minnesota Rules, part 7877.0120, are ratified by this act. new text end 64.6 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 64.7    Sec. 86. new text begin TECHNOLOGY LEASE-PURCHASE AUTHORIZATION. new text end 64.8     new text begin Subdivision 1. new text end new text begin Lease-purchase agreements. new text end new text begin The commissioner of finance shall new text end 64.9 new text begin enter into one or more lease-purchase agreements as defined in Minnesota Statutes, section new text end 64.10 new text begin 16A.81, to finance the two projects in subdivisions 2 and 3. new text end 64.11     new text begin Subd. 2. new text end new text begin Replacement of state's accounting and procurement systems. new text end 64.12 new text begin Proceeds of lease-purchase agreements and the issuance and sale of related certificates new text end 64.13 new text begin of participation are appropriated to the commissioner of finance for development and new text end 64.14 new text begin implementation of a new statewide accounting and procurement system. new text end 64.15     new text begin Subd. 3. new text end new text begin Completion of integrated tax system. new text end new text begin Proceeds of lease-purchase new text end 64.16 new text begin agreements and the issuance and sale of related certificates of participation are appropriated new text end 64.17 new text begin to the commissioner of revenue for completing the purchase and implementation of an new text end 64.18 new text begin integrated tax software package. new text end 64.19 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 64.20    Sec. 87. new text begin ENTERPRISE REAL PROPERTY CONTRIBUTIONS. new text end 64.21 new text begin On or before June 1, 2009, the commissioner of administration shall determine the new text end 64.22 new text begin amount to be contributed by each executive agency to maintain the enterprise real property new text end 64.23 new text begin technology system for the fiscal year 2010 and fiscal year 2011 biennium. On or before new text end 64.24 new text begin June 15, 2009, each executive agency shall enter into an agreement with the commissioner new text end 64.25 new text begin of administration setting forth the manner in which the executive agency shall make its new text end 64.26 new text begin contribution to the enterprise real property system, either from uncommitted fiscal year new text end 64.27 new text begin 2009 funds or by contributing from fiscal year 2010 and fiscal year 2011 funds to the real new text end 64.28 new text begin property enterprise system and services account to fund the total amount of $1,688,000 for new text end 64.29 new text begin the biennium. Funds contributed under this section must be credited to the enterprise real new text end 64.30 new text begin property technology system and services account. new text end 64.31 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 65.1    Sec. 88. new text begin RENTAL COST SAVINGS. new text end 65.2 new text begin The commissioner of administration must report to the legislature by January 15, new text end 65.3 new text begin 2010, on savings in state agency costs for rental space in state-owned and state-leased new text end 65.4 new text begin buildings that can be achieved by expected decreases in agency complement and that could new text end 65.5 new text begin be achieved by encouraging or requiring increased telecommuting by state employees. new text end 65.6 new text begin The report must estimate savings by agency and by fund, and must estimate when these new text end 65.7 new text begin savings can be realized. new text end 65.8    Sec. 89. new text begin TRANSFER OF ASSETS, EMPLOYEES, EQUIPMENT, AND new text end 65.9 new text begin SUPPLIES. new text end 65.10 new text begin The existing funds, assets, employees, equipment, and supplies of the Land new text end 65.11 new text begin Management Information Center are transferred to the Minnesota Geospatial Information new text end 65.12 new text begin Office according to Minnesota Statutes, section 15.039. new text end 65.13 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2009. new text end 65.14    Sec. 90. new text begin INFORMATION TECHNOLOGY STUDY. new text end 65.15     new text begin The chief information officer of the Office of Enterprise Technology, in consultation new text end 65.16 new text begin with heads of other executive agencies, must report to the legislature by January 15, 2010, new text end 65.17 new text begin on a plan to transfer from other state agencies to the Office of Enterprise Technology state new text end 65.18 new text begin employees whose work primarily relates to development, upgrading, replacement, problem new text end 65.19 new text begin resolution, or maintenance of state data centers, system software, data networks, and office new text end 65.20 new text begin systems. The report must include an estimate of the number of employees who would be new text end 65.21 new text begin transferred, an estimate of enterprise costs savings, an analysis of potential improvements new text end 65.22 new text begin in operations, and a proposed transition plan and schedule. This section does not apply to new text end 65.23 new text begin the Minnesota State Colleges and Universities or to employees of constitutional offices. new text end 65.24    Sec. 91. new text begin REVISOR'S INSTRUCTION. new text end 65.25 new text begin In the next edition of Minnesota Statutes and Minnesota Rules, the revisor of new text end 65.26 new text begin statutes shall substitute the term "Land Management Information Center" with the term new text end 65.27 new text begin "Minnesota Geospatial Information Office," wherever they appear in Minnesota Statutes new text end 65.28 new text begin and Minnesota Rules. new text end 65.29 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2009. new text end 65.30    Sec. 92. new text begin REVISOR'S INSTRUCTION. new text end 66.1     new text begin In the next and subsequent edition of Minnesota Statutes, the revisor of statutes must new text end 66.2 new text begin delete the word "Tennessen" from the headnote of Minnesota Statutes, section 13.04, new text end 66.3 new text begin subdivision 2; must delete the word "Lessard" from Minnesota Statutes, section 97A.056, new text end 66.4 new text begin and other places in Minnesota Statutes where this word appears; and must delete the words new text end 66.5 new text begin "Douglas J. Johnson" from Minnesota Statutes, sections 298.291 to 298.298. new text end 66.6    Sec. 93. new text begin REPEALER. new text end 66.7 new text begin (a) new text end new text begin Minnesota Statutes 2008, sections 16C.046; and 645.44, subdivision 19, new text end new text begin are new text end 66.8 new text begin repealed. new text end 66.9 new text begin (b) new text end new text begin Minnesota Statutes 2008, section 4A.05, new text end new text begin is repealed. new text end 66.10 new text begin (c) new text end new text begin Minnesota Statutes 2008, section 116G.151, new text end new text begin is repealed. new text end 66.11 new text begin (d) new text end new text begin Minnesota Statutes 2008, section 240A.08, new text end new text begin is repealed. new text end 66.12ARTICLE 3 66.13SECRETARY OF STATE 66.14    Section 1. new text begin [5.001] DEFINITIONS. new text end 66.15     new text begin Subdivision 1. new text end new text begin Applicability. new text end new text begin As used in this chapter, the terms defined in this new text end 66.16 new text begin section have the meanings given them. new text end 66.17     new text begin Subd. 2. new text end new text begin Business entity. new text end new text begin "Business entity" means an organization that is formed new text end 66.18 new text begin under chapters 300, 301, 302A, 303, 308, 308A, 308B, 315, 317, 317A, 318, 319, 319A, new text end 66.19 new text begin 321, 322A, 322B, 323, or 323A and that has filed documents with the secretary of state. new text end 66.20     new text begin Subd. 3. new text end new text begin Business entity filings. new text end new text begin "Business entity filings" means any filing from a new text end 66.21 new text begin business entity and also includes filings made under chapter 333. new text end 66.22     new text begin Subd. 4. new text end new text begin Bulk data. new text end new text begin "Bulk data" means data that has commercial value and is a new text end 66.23 new text begin substantial or discrete portion of or an entire formula, pattern, compilation, program, new text end 66.24 new text begin device, method, technique, process, database, or system. new text end 66.25    Sec. 2. new text begin [5.002] E-MAIL ADDRESSES. new text end 66.26 new text begin (a) The secretary of state is authorized to provide a field on each of the forms and on new text end 66.27 new text begin each online entry screen, used to file business entity filings, Uniform Commercial Code new text end 66.28 new text begin records, and central notification system filings, for the collection of an e-mail address to new text end 66.29 new text begin which the secretary of state can forward official notices required by law and other notices new text end 66.30 new text begin to the business entity, assumed name, or the person filing the uniform commercial code or new text end 66.31 new text begin central notification system record. The e-mail address may be updated by or on behalf of new text end 66.32 new text begin the business entity by sending a notification of the change to the secretary of state. No fee new text end 66.33 new text begin shall be charged for an e-mail address update. new text end 67.1 new text begin (b) Except as provided in paragraph (c), the business entity, holder of assumed new text end 67.2 new text begin name, or other person providing the email address under this section may indicate on the new text end 67.3 new text begin screen that they do not wish the email address provided under this section to be provided new text end 67.4 new text begin as bulk data. new text end 67.5 new text begin (c) If the email address in paragraph (b) is provided as a portion of a digitally new text end 67.6 new text begin scanned image, the email address on that image is public. new text end 67.7 new text begin EFFECTIVE DATE. new text end new text begin This section is effective 30 days after the secretary of state new text end 67.8 new text begin certifies that the information systems of the Office of the Secretary of State have been new text end 67.9 new text begin modified to implement this section. new text end 67.10    Sec. 3. Minnesota Statutes 2008, section 5.12, subdivision 1, is amended to read: 67.11    Subdivision 1. Fees. The secretary of state shall charge a fee of $5 for each 67.12certificate or certification of a copy new text begin or electronically transmitted image new text end of any document 67.13filed in the Office of the Secretary of State. The secretary of state shall charge a fee of 67.14$3 for a copy new text begin or electronically transmitted image new text end of an original filing of a corporation, 67.15limited partnership, assumed name, or trade or service mark new text begin business entity filing new text end . The 67.16secretary of state shall charge a fee of $3 for a copy of any or all new text begin each new text end subsequent filings of 67.17a corporation, limited partnership, assumed name, or trade or service mark new text begin business entity new text end 67.18 new text begin filing new text end . The secretary of state shall charge a fee of $1 per page for copies new text begin $3 for a copy new text end of 67.19 new text begin any new text end other nonuniform commercial code documents new text begin document new text end filed with the secretary of 67.20state. At the time of filing, the secretary of state may provide at the public counter, without 67.21charge, a copy of a filing, ten or fewer pages in length, to the person making the filing. 67.22 new text begin EFFECTIVE DATE. new text end new text begin This section is effective 30 days after the secretary of state new text end 67.23 new text begin certifies that the information systems of the Office of the Secretary of State have been new text end 67.24 new text begin modified to implement this section. new text end 67.25    Sec. 4. Minnesota Statutes 2008, section 5.29, is amended to read: 67.265.29 BULK AGENT NAME AND ADDRESS CHANGES new text begin GLOBAL FILINGS new text end . 67.27The filing fee charged for filing an amendment is charged for each document 67.28filed new text begin (a) new text end When a registered agent new text begin for multiple business entities files an instrument that new text end 67.29changes its name or office address pursuant to sections 302A.123, subdivision 3; 67.30308A.025, subdivision 5; 317A.123, subdivision 3; and 322B.135, subdivision 67.313; and chapters 321; 323; and 323A, but the cumulative fee shall not exceed $10,000 for 67.32entities governed by the provisions of chapters 302A, 303, 308A, 317A, 318, 322A, 322B, 67.33323, and 323A new text begin , the change for each business entity must be filed online as a separate new text end 68.1 new text begin transaction, and a separate filing fee charged new text end . new text begin The aggregate fee for a filing under this new text end 68.2 new text begin paragraph shall not exceed $35,000. new text end 68.3 new text begin (b) When a secured party wishes to file an amendment to a financing statement new text end 68.4 new text begin making a change in secured party or debtor name and address information, each new text end 68.5 new text begin amendment must be filed online as a separate transaction and a separate filing fee charged. new text end 68.6 new text begin EFFECTIVE DATE. new text end new text begin This section is effective 30 days after the secretary of state new text end 68.7 new text begin certifies that the information systems of the Office of the Secretary of State have been new text end 68.8 new text begin modified to implement this section. new text end 68.9    Sec. 5. Minnesota Statutes 2008, section 5.32, is amended to read: 68.105.32 TEMPORARY TECHNOLOGY SURCHARGE. 68.11    Subdivision 1. Surcharge. For fiscal years 2008 and new text begin , new text end 2009 new text begin , 2010, and 2011 new text end , the 68.12following technology surcharges are imposed on the filing fees required under the 68.13following statutes: 68.14    (1) $25 for articles of incorporation filed under section 302A.151; 68.15    (2) $25 for articles of organization filed under section 322B.17; 68.16    (3) $25 for applications for certificates of authority to transact business in Minnesota 68.17filed under section 303.06; 68.18    (4) $20 for annual reports filed by non-Minnesota corporations under section 68.19303.14 ; and 68.20    (5) $50 for reinstatements to authority to transact business in Minnesota filed under 68.21section 303.19. 68.22    Subd. 2. Deposit. The surcharges listed in subdivision 1 shall be deposited into the 68.23uniform commercial code account. 68.24    Subd. 3. Expiration. This section expires June 30, 2009 new text begin 2011 new text end . 68.25 new text begin EFFECTIVE DATE. new text end new text begin The amendments to this section are effective the day new text end 68.26 new text begin following final enactment. new text end 68.27    Sec. 6. new text begin [5.34] ANNUAL RENEWAL FILINGS. new text end 68.28 new text begin Any business registered with the secretary of state required to file an annual renewal new text end 68.29 new text begin in order to maintain its active status, good standing, or existence under Minnesota Statutes new text end 68.30 new text begin shall file that renewal, whether online or otherwise, in a format that states: new text end 68.31 new text begin (1) the name in Minnesota of the organization for which the renewal is filed; new text end 68.32 new text begin (2) the name of the organization in the jurisdiction in which it is organized, if new text end 68.33 new text begin different; new text end 69.1 new text begin (3) the address of the registered office or designated office and the name of the new text end 69.2 new text begin registered agent of the organization for service of process, if any; new text end 69.3 new text begin (4) the jurisdiction in which the organization is organized, if that jurisdiction is new text end 69.4 new text begin not Minnesota; new text end 69.5 new text begin (5) the name and business address of the officer or other person exercising the new text end 69.6 new text begin principal functions of the president of a nonprofit corporation, manager of a limited new text end 69.7 new text begin liability company, or chief executive officer of a corporation or cooperative; new text end 69.8 new text begin (6) the address of the principal executive office of a domestic business corporation new text end 69.9 new text begin or of a limited liability company or the principal place of business of a cooperative, if new text end 69.10 new text begin different from the registered office address; new text end 69.11 new text begin (7) the address of the designated office and the name, street, and mailing address of new text end 69.12 new text begin the agent for service of process in Minnesota of a limited partnership or foreign limited new text end 69.13 new text begin partnership; new text end 69.14 new text begin (8) the street and mailing address of the principal office of a limited partnership; new text end 69.15 new text begin (9) the street and mailing address of the chief executive office of a partnership and, if new text end 69.16 new text begin different, the street address of an office of a partnership in Minnesota, if any; new text end 69.17 new text begin (10) the name, street, mailing address, and telephone number of an individual new text end 69.18 new text begin who may be contacted for purposes other than services of process on behalf of a new text end 69.19 new text begin limited partnership or a limited liability partnership, if the agent for the limited liability new text end 69.20 new text begin partnership, limited partnership, or foreign limited partnership is not an individual; and new text end 69.21 new text begin (11) the e-mail address of the organization to which notices from the secretary of new text end 69.22 new text begin state will be directed, if the organization has an e-mail address. new text end 69.23    Sec. 7. Minnesota Statutes 2008, section 5A.06, is amended to read: 69.245A.06 COMPLAINTS. 69.25The secretary of state may, upon receipt of a complaint regarding an international 69.26student exchange organization, report the matter to the organization involved, the United 69.27States Information Agency, new text begin the Office of Exchange Coordination and Designation, United new text end 69.28 new text begin States Department of State, new text end or the Council on Standards for International Educational 69.29Travel, as the secretary of state considers appropriate. new text begin The secretary may also investigate new text end 69.30 new text begin complaints received to determine if the issue raised is limited to one high school or if there new text end 69.31 new text begin are more systemic problems with placements made by a particular organization. An new text end 69.32 new text begin organization's registration automatically terminates if the organization fails to remain in new text end 69.33 new text begin compliance with local, state, and federal statutes and regulations. new text end 69.34    Sec. 8. Minnesota Statutes 2008, section 270C.63, subdivision 13, is amended to read: 70.1    Subd. 13. Lien search fees. Upon request of any person, the filing officer shall issue 70.2a certificate showing whether there is recorded in that filing office, on the date and hour 70.3stated in the certificate, any notice of lien or certificate or notice affecting any lien filed on 70.4or after ten years before the date of the search certificate, naming a particular person, and 70.5giving the date and hour of filing of each notice or certificate naming the person. The fee 70.6for a certificate shall be as provided by section 336.9-525 or 357.18, subdivision 1, clause 70.7(3). Upon request, the filing officer shall furnish a copy of any notice of state lien, or 70.8notice or certificate affecting a state lien, for a fee of 50 cents new text begin $1 new text end per page new text begin , except that after new text end 70.9 new text begin the effective date of section 5.12, subdivision 1, that section shall govern the fee charged new text end 70.10 new text begin by the secretary of state for a copy or electronically transmitted image new text end . 70.11    Sec. 9. Minnesota Statutes 2008, section 302A.821, is amended to read: 70.12302A.821 MINNESOTA CORPORATE REGISTRATION new text begin RENEWAL new text end . 70.13    Subdivision 1. Annual registration new text begin renewal new text end . (a) The secretary of state must new text begin may new text end 70.14send annually to each corporation at the registered office of the corporation a postcard new text begin , new text end 70.15 new text begin using the information provided by the corporation pursuant to section 5.002 or 5.34 or new text end 70.16 new text begin the articles of incorporation, a new text end notice announcing the need to file the annual registration 70.17 new text begin renewal new text end and informing the corporation that the annual registration new text begin renewal new text end may be filed 70.18online and that paper filings may also be made, and informing the corporation that failing 70.19to file the annual registration new text begin renewal new text end will result in an administrative dissolution of the 70.20corporation. 70.21(b) Each calendar year beginning in the calendar year following the calendar year 70.22in which a corporation incorporates, the corporation must file with the secretary of state 70.23by December 31 of each calendar year a registration new text begin renewal new text end containing the information 70.24listed in subdivision 2. 70.25    Subd. 2. Information required; manner of filing. The registration must include: new text begin new text end 70.26 new text begin filing must be made pursuant to section 5.34. new text end 70.27(1) the name of the corporation; 70.28(2) the address of its principal executive office, if different from the registered 70.29office address; 70.30(3) the address of its registered office and the name of the registered agent, if any; 70.31(4) the state of incorporation; and 70.32(5) the name and business address of the officer or other person exercising the 70.33principal functions of the chief executive officer of the corporation. 70.34    Subd. 3. Information public. The information required by subdivision 2 is public 70.35data. Chapter 13 does not apply to this information. 71.1    Subd. 4. Penalty; reinstatement. (a) A corporation that has failed to file a 71.2registration pursuant to the requirements of subdivision 2 new text begin renewal complying with section new text end 71.3 new text begin 5.34 new text end must be dissolved by the secretary of state as described in paragraph (b). 71.4    (b) If the corporation has not filed the registration new text begin renewal new text end during any calendar year, 71.5the secretary of state must issue a certificate of administrative dissolution and the certificate 71.6must be filed in the Office of the Secretary of State. The secretary of state must make 71.7available in an electronic format the names of the dissolved corporations. A corporation 71.8dissolved in this manner is not entitled to the benefits of section 302A.781. The liability, if 71.9any, of the shareholders of a corporation dissolved in this manner shall be determined and 71.10limited in accordance with section 302A.557, except that the shareholders shall have no 71.11liability to any director of the corporation under section 302A.559, subdivision 2. 71.12    (c) After administrative dissolution, filing a registration new text begin renewal complying with new text end 71.13 new text begin section 5.34 new text end and the $25 fee with the secretary of state: 71.14    (1) returns the corporation to good standing as of the date of the dissolution; 71.15    (2) validates contracts or other acts within the authority of the articles, and the 71.16corporation is liable for those contracts or acts; and 71.17    (3) restores to the corporation all assets and rights of the corporation to the extent 71.18they were held by the corporation before the dissolution occurred, except to the extent that 71.19assets or rights were affected by acts occurring after the dissolution or sold or otherwise 71.20distributed after that time. 71.21    Sec. 10. Minnesota Statutes 2008, section 303.14, is amended to read: 71.22303.14 ANNUAL REPORT new text begin RENEWAL new text end . 71.23    Subdivision 1. Filed with secretary of state; contents new text begin Notice; filing new text end . Each calendar 71.24year beginning in the calendar year following the calendar year in which a corporation 71.25receives a certificate of authority to do business in Minnesota, the secretary of state 71.26must mail by first class mail an annual registration form to the registered office of each 71.27corporation as shown on the records of the secretary of state. The form must include the 71.28following new text begin may send to the corporation, using the information provided by the corporation new text end 71.29 new text begin pursuant to section 5.002 or 5.34 or the application for certificate of authority, a new text end notice: new text begin new text end 71.30 new text begin announcing the need to file the annual renewal and informing the corporation that the new text end 71.31 new text begin annual renewal may be filed online and that paper filings may also be made, and informing new text end 71.32 new text begin the corporation that failing to file the annual renewal will result in an administrative new text end 71.33 new text begin dissolution or revocation of certificate of authority to do business in Minnesota. new text end 72.1"NOTICE: Failure to file this form by December 31 of this year will result in the 72.2revocation of the authority of this corporation to transact business in Minnesota without 72.3further notice from the secretary of state, pursuant to Minnesota Statutes, section 303.17." 72.4The corporation will submit a $115 fee with the annual registration new text begin renewal new text end and will 72.5set forth on the form: new text begin the items required by section 5.34. new text end 72.6(1) the name of the corporation, and, if the corporation has designated an alternate 72.7name pursuant to section 303.05, subdivision 1, that alternate name; 72.8(2) the name of the registered agent of the corporation in Minnesota; 72.9(3) the address of its registered office; 72.10(4) the state of incorporation; and 72.11(5) the name and business address of the officer or other person exercising the 72.12principal functions of the chief executive officer of the corporation. 72.13    Sec. 11. Minnesota Statutes 2008, section 303.16, subdivision 4, is amended to read: 72.14    Subd. 4. Approval; filing. The application for withdrawal shall be delivered to 72.15the secretary of state. Upon receiving and examining the same, and upon finding that it 72.16conforms to the provisions of this chapter, the secretary of state shall, when all license 72.17fees, filing fees, and other charges new text begin other than the fee required by section 303.14 new text end have been 72.18paid as required by law, file the same and shall issue and record a certificate of withdrawal. 72.19Upon the issuance of the certificate, the authority of the corporation to transact business 72.20in this state shall cease. 72.21    Sec. 12. Minnesota Statutes 2008, section 308A.995, is amended to read: 72.22308A.995 PERIODIC REGISTRATION new text begin ANNUAL RENEWAL new text end . 72.23    Subdivision 1. Periodic registration in certain years new text begin Annual renewal new text end . Each 72.24cooperative governed by this chapter must file a periodic registration new text begin an annual renewal new text end 72.25with the secretary of state in each odd-numbered new text begin calendar new text end year new text begin following the calendar year new text end 72.26 new text begin in which the cooperative was incorporated new text end . In these years, The secretary of state must 72.27mail by first class mail a registration form to the registered office of each cooperative as 72.28shown on the records of the secretary of state, or if no such address is in the records, to 72.29the location of the principal place of business shown on the records of the secretary of 72.30state. The form must include the following notice: new text begin may send annually to the cooperative, new text end 72.31 new text begin using the information provided by the cooperative pursuant to section 5.002 or 5.34 or new text end 72.32 new text begin the articles of incorporation, a notice announcing the need to file the annual renewal and new text end 72.33 new text begin informing the cooperative that the annual renewal may be filed online and that paper new text end 73.1 new text begin filings may also be made, and informing the cooperative that failing to file the annual new text end 73.2 new text begin renewal will result in an administrative dissolution of the cooperative. new text end 73.3"NOTICE: Failure to file this form by December 31 of this year will result in the 73.4dissolution of this cooperative without further notice from the secretary of state, pursuant 73.5to Minnesota Statutes, section 308A.995, subdivision 4, paragraph (b)." 73.6    Subd. 2. Minnesota cooperative registration new text begin renewal new text end form. In each calendar year 73.7in which a registration new text begin renewal new text end is to be filed, a cooperative must file with the secretary of 73.8state a registration new text begin an annual renewal new text end by December 31 of that calendar year containing: new text begin new text end 73.9 new text begin the items required by section 5.34. new text end 73.10(1) the name of the cooperative; 73.11(2) the address of its registered office; 73.12(3) the address of its principal place of business, if different from the registered 73.13office address; and 73.14(4) the name and business address of the officer or other person exercising the 73.15principal functions of the chief executive officer of the cooperative. 73.16    Subd. 3. Information public. The information required by subdivision 1 is public 73.17data. 73.18    Subd. 4. Penalty; dissolution. (a) A cooperative that has failed to file a registration new text begin new text end 73.19 new text begin renewal new text end pursuant to the requirements of this section by December 31 of the calendar year 73.20for which the registration new text begin renewal new text end was required must be dissolved by the secretary of 73.21state as described in paragraph (b). 73.22    (b) If the cooperative has not filed the registration new text begin renewal new text end by December 31 of that 73.23calendar year, the secretary of state must issue a certificate of involuntary dissolution, and 73.24the certificate must be filed in the Office of the Secretary of State. The secretary of state 73.25must make available in an electronic format the names of the dissolved cooperatives. A 73.26cooperative dissolved in this manner is not entitled to the benefits of section 308A.981. 73.27    Subd. 5. Reinstatement. A cooperative may retroactively reinstate its existence 73.28by filing a single annual registration new text begin renewal new text end and paying a $25 fee. Filing the annual 73.29registration new text begin renewal new text end with the secretary of state: 73.30(1) returns the cooperative to active status as of the date of the dissolution; 73.31(2) validates contracts or other acts within the authority of the articles, and the 73.32cooperative is liable for those contracts or acts; and 73.33(3) restores to the cooperative all assets and rights of the cooperative and its 73.34shareholders or members to the extent they were held by the cooperative and its 73.35shareholders or members before the dissolution occurred, except to the extent that 74.1assets or rights were affected by acts occurring after the dissolution or sold or otherwise 74.2distributed after that time. 74.3 new text begin EFFECTIVE DATE. new text end new text begin This section is effective 30 days after the secretary of state new text end 74.4 new text begin certifies that the information systems of the Office of the Secretary of State have been new text end 74.5 new text begin modified to implement this section. new text end 74.6    Sec. 13. Minnesota Statutes 2008, section 308B.121, subdivision 1, is amended to read: 74.7    Subdivision 1. Periodic registration in certain years new text begin Annual renewal new text end . Each 74.8cooperative governed by this chapter and each foreign cooperative registered under 74.9section must file a periodic registration new text begin an annual renewal new text end with the secretary 74.10of state with the initial articles and any amendment of the articles in each odd-numbered new text begin new text end 74.11 new text begin calendar new text end year new text begin after the calendar year in which the cooperative incorporated new text end . In these years, 74.12The secretary of state must mail by first class mail a registration form to the registered 74.13office of each cooperative and registered foreign cooperative as shown in the records of 74.14the secretary of state, or if no such address is in the records, to the location of the principal 74.15place of business shown in the records of the secretary of state. For a cooperative, the 74.16form must include the following notice: new text begin may send annually to each cooperative, using the new text end 74.17 new text begin information provided by the cooperative pursuant to section 5.002 or 5.34 or the articles of new text end 74.18 new text begin organization, a notice announcing the need to file the annual renewal and informing the new text end 74.19 new text begin cooperative that the annual renewal may be filed online and that paper filings may also new text end 74.20 new text begin be made, and informing the cooperative that failing to file the annual renewal will result new text end 74.21 new text begin in an administrative dissolution. new text end 74.22"NOTICE: Failure to file this form by December 31 of this year will result in the 74.23dissolution of this cooperative without further notice from the secretary of state, under 74.24Minnesota Statutes, section 308B.121, subdivision 4, paragraph (b)." 74.25For a foreign cooperative, the form must contain the following notice: 74.26"NOTICE: Failure to file this form by December 31 of this year will result in the 74.27loss of good standing and the authority to do business in Minnesota." 74.28 new text begin EFFECTIVE DATE. new text end new text begin This section is effective 30 days after the secretary of state new text end 74.29 new text begin certifies that the information systems of the Office of the Secretary of State have been new text end 74.30 new text begin modified to implement this section. new text end 74.31    Sec. 14. Minnesota Statutes 2008, section 308B.121, subdivision 2, is amended to read: 74.32    Subd. 2. Registration new text begin Renewal new text end form. In each calendar year in which a registration new text begin new text end 74.33 new text begin renewal new text end is to be filed, a cooperative must file with the secretary of state a registration by 75.1December 31 of that calendar year new text begin a renewal new text end containing: new text begin the items required by section new text end 75.2 new text begin 5.34. new text end 75.3(1) the name of the cooperative; 75.4(2) the address of its registered office; 75.5(3) the address of its principal place of business, if different from the registered 75.6office address; and 75.7(4) the name and business address of the officer or other person exercising the 75.8principal functions of the chief executive officer of the cooperative. 75.9 new text begin EFFECTIVE DATE. new text end new text begin This section is effective 30 days after the secretary of state new text end 75.10 new text begin certifies that the information systems of the Office of the Secretary of State have been new text end 75.11 new text begin modified to implement this section. new text end 75.12    Sec. 15. Minnesota Statutes 2008, section 317A.823, is amended to read: 75.13317A.823 ANNUAL CORPORATE REGISTRATION new text begin RENEWAL new text end . 75.14    Subdivision 1. Annual registration new text begin renewal new text end . (a) The secretary of state must new text begin may new text end 75.15send annually to each corporation at the registered office of the corporation new text begin , using the new text end 75.16 new text begin information provided by the corporation pursuant to section 5.002 or 5.34 or the articles of new text end 75.17 new text begin incorporation, new text end a postcard notice announcing the need to file the annual registration new text begin renewal new text end 75.18and informing the corporation that the annual registration new text begin renewal new text end may be filed online and 75.19that paper filings may also be made, and informing the corporation that failing to file the 75.20annual registration new text begin renewal new text end will result in an administrative dissolution of the corporation. 75.21    (b) Each calendar year beginning in the calendar year following the calendar year 75.22in which a corporation incorporates, a corporation must file with the secretary of state 75.23by December 31 of each calendar year a registration containing the information listed 75.24in paragraph (c) new text begin required by section 5.34 new text end . 75.25    (c) The registration must include: 75.26    (1) the name of the corporation; 75.27    (2) the address of its registered office; 75.28    (3) the name of its registered agent, if any; and 75.29    (4) the name and business address of the officer or other person exercising the 75.30principal functions of president of the corporation. 75.31    Subd. 2. Penalty. (a) A corporation that has failed to file a registration new text begin renewal new text end 75.32pursuant to the requirements of subdivision 1 must be dissolved by the secretary of state 75.33as described in paragraph (b). 76.1(b) If the corporation has not filed the delinquent registration new text begin renewal new text end , the secretary 76.2of state must issue a certificate of involuntary dissolution, and the certificate must be filed 76.3in the Office of the Secretary of State. The secretary of state must also make available in 76.4an electronic format the names of the dissolved corporations. A corporation dissolved in 76.5this manner is not entitled to the benefits of section 317A.781. 76.6    Sec. 16. Minnesota Statutes 2008, section 321.0206, is amended to read: 76.7321.0206 DELIVERY TO AND FILING OF RECORDS BY SECRETARY OF 76.8STATE; EFFECTIVE TIME AND DATE. 76.9    (a) A record authorized or required to be delivered to the secretary of state for filing 76.10under this chapter must be captioned to describe the record's purpose, be in a medium 76.11permitted by the secretary of state, and be delivered to the secretary of state. Unless the 76.12secretary of state determines that a record does not comply with the filing requirements 76.13of this chapter, and if the appropriate filing fees have been paid, the secretary of state 76.14shall file the record and: 76.15    (1) for a statement of dissociation, send: 76.16    (A) a copy of the filed statement to the person which the statement indicates has 76.17dissociated as a general partner; and 76.18    (B) a copy of the filed statement to the limited partnership; 76.19    (2) for a statement of withdrawal, send: 76.20    (A) a copy of the filed statement to the person on whose behalf the record was 76.21filed; and 76.22    (B) if the statement refers to an existing limited partnership, a copy of the filed 76.23statement to the limited partnership; and 76.24    (3) for all other records, send a copy of the filed record to the person on whose 76.25behalf the record was filed. 76.26    (b) Upon request and payment of a fee, the secretary of state shall send to the 76.27requester a certified copy of the requested record. 76.28    (c) Except as otherwise provided in sections 321.0116 and 321.0207, a record 76.29delivered to the secretary of state for filing under this chapter may specify an effective 76.30time and a delayed effective date. Except as otherwise provided in this chapter, a record 76.31filed by the secretary of state is effective: 76.32    (1) if the record does not specify an effective time and does not specify a delayed 76.33effective date, on the date and at the time the record is filed as evidenced by the secretary 76.34of state's endorsement of the date and time on the record; 77.1    (2) if the record specifies an effective time but not a delayed effective date, on the 77.2date the record is filed at the time specified in the record; 77.3    (3) if the record specifies a delayed effective date but not an effective time, at 12:01 77.4a.m. on the earlier of: 77.5    (A) the specified date; or 77.6    (B) the 30th day after the record is filed; or 77.7    (4) if the record specifies an effective time and a delayed effective date, at the 77.8specified time on the earlier of: 77.9    (A) the specified date; or 77.10    (B) the 30th day after the record is filed. 77.11    (d) The appropriate fees for filings under this chapter are: 77.12    (1) for filing a certificate of limited partnership, $100; 77.13    (2) for filing an amended certificate of limited partnership, $50; 77.14 new text begin (3) for filing a name reservation for a limited partnership name, $35; new text end 77.15    (3) new text begin (4) new text end for filing any other record, other than the annual report new text begin renewal new text end required by 77.16section 321.0210, for which no fee must be charged, required or permitted to be delivered 77.17for filing, $35 new text begin 50 new text end ; 77.18    (4) new text begin (5) new text end for filing a certificate requesting authority to transact business in Minnesota 77.19as a foreign limited partnership, $85 new text begin 100 new text end ; 77.20    (5) new text begin (6) new text end for filing an application of reinstatement, $25; 77.21    (6) new text begin (7) new text end for filing a name reservation for a foreign limited partnership name, $35; and 77.22    (7) new text begin (8) new text end for filing any other record, other than the annual report new text begin renewal new text end required by 77.23section 321.0210, for which no fee must be charged, required or permitted to be delivered 77.24for filing on a foreign limited partnership authorized to transact business in Minnesota, 77.25$50. 77.26    Sec. 17. Minnesota Statutes 2008, section 321.0210, is amended to read: 77.27321.0210 ANNUAL REPORT new text begin RENEWAL new text end FOR SECRETARY OF STATE. 77.28    (a) Subject to subsection (b): 77.29    (1) in each calendar year following the calendar year in which a limited partnership 77.30becomes subject to this chapter, the limited partnership must deliver to the secretary of 77.31state for filing an annual registration new text begin renewal new text end containing the information required by 77.32subsection (c); and 77.33    (2) in each calendar year following the calendar year in which there is first on file 77.34with the secretary of state a certificate of authority under section 321.0904 pertaining to a 77.35foreign limited partnership, the foreign limited partnership must deliver to the secretary 78.1of state for filing an annual registration new text begin renewal new text end containing the information required by 78.2subsection (c). 78.3    (b) A limited partnership's obligation under subsection (a) ends if the limited 78.4partnership delivers to the secretary of state for filing a statement of termination under 78.5section 321.0203 and the statement becomes effective under section 321.0206. A foreign 78.6limited partnership's obligation under subsection (a) ends if the secretary of state issues 78.7and files a certificate of revocation under section 321.0906 or if the foreign limited 78.8partnership delivers to the secretary of state for filing a notice of cancellation under 78.9section 321.0907(a) and that notice takes effect under section 321.0206. If a foreign 78.10limited partnership's obligations under subsection (a) end and later the secretary of state 78.11files, pursuant to section 321.0904, a new certificate of authority pertaining to that foreign 78.12limited partnership, subsection (a)(2), again applies to the foreign limited partnership and, 78.13for the purposes of subsection (a)(2), the calendar year of the new filing is treated as the 78.14calendar year in which a certificate of authority is first on file with the secretary of state. 78.15    (c) The annual registration new text begin renewal new text end must contain: new text begin the items required by section 5.34. new text end 78.16    (1) the name of the limited partnership or foreign limited partnership; 78.17    (2) the address of its designated office and the name and street and mailing address 78.18of its agent for service of process in Minnesota and, if the agent is not an individual, the 78.19name, street and mailing address, and telephone number of an individual who may be 78.20contacted for purposes other than service of process with respect to the limited partnership; 78.21    (3) in the case of a limited partnership, the street and mailing address of its principal 78.22office; and 78.23    (4) in the case of a foreign limited partnership, the name of the state or other 78.24jurisdiction under whose law the foreign limited partnership is formed and any alternate 78.25name adopted under section (a). 78.26    (d) The secretary of state shall: 78.27    (1) administratively dissolve under section 321.0809 a limited partnership that has 78.28failed to file a registration new text begin renewal new text end pursuant to subsection (a); and 78.29    (2) revoke under section 321.0906 the certificate of authority of a foreign limited 78.30partnership that has failed to file a registration new text begin renewal new text end pursuant to subsection (a). 78.31    Sec. 18. Minnesota Statutes 2008, section 321.0810, is amended to read: 78.32321.0810 REINSTATEMENT FOLLOWING ADMINISTRATIVE 78.33DISSOLUTION. 78.34(a) A limited partnership that has been administratively dissolved new text begin or a foreign new text end 78.35 new text begin limited partnership that has had its certificate of authority revoked new text end may apply to the 79.1secretary of state for reinstatement new text begin reinstate new text end after the effective date of dissolution. The 79.2application new text begin To reinstate, the annual renewal required by section 5.34 new text end must be delivered to 79.3the secretary of state for filing and state: new text begin with the reinstatement fee of $25. new text end 79.4(1) the name of the limited partnership and the effective date of its administrative 79.5dissolution; 79.6(2) that the grounds for dissolution either did not exist or have been eliminated; and 79.7(3) that the limited partnership's name satisfies the requirements of section . 79.8The application must also include any documents that were required to be delivered 79.9for filing to the secretary of state but which were not so delivered. 79.10(b) If the secretary of state determines that an application new text begin an annual renewal new text end contains 79.11the information required by subsection (a) and that the information is correct and the 79.12application includes new text begin is accompanied by new text end the appropriate fee, the secretary of state shall file 79.13the reinstatement application and serve the limited partnership with a copy new text begin renewal and new text end 79.14 new text begin reinstate the limited partnership or foreign limited partnership new text end . 79.15(c) When reinstatement becomes effective, it relates back to and takes effect as of the 79.16effective date of the administrative dissolution new text begin or revocation new text end and the limited partnership 79.17may resume its activities as if the administrative dissolution new text begin or revocation new text end had never 79.18occurred, except that for the purposes of section 321.0103(c) and (d) the reinstatement 79.19is effective only as of the date the reinstatement is filed. 79.20    Sec. 19. Minnesota Statutes 2008, section 322B.960, is amended to read: 79.21322B.960 ANNUAL REGISTRATION new text begin RENEWAL new text end . 79.22    Subdivision 1. Annual registration new text begin renewal new text end form. (a) The secretary of state 79.23must new text begin may new text end send annually to each limited liability company at the registered office of the 79.24corporation a postcard new text begin , using the information provided by the limited liability company new text end 79.25 new text begin pursuant to section 5.002 or 5.34 or the articles of organization, a new text end notice announcing the 79.26need to file the annual registration new text begin renewal new text end and informing the limited liability company 79.27that the annual registration new text begin renewal new text end may be filed online and that paper filings may also be 79.28made, and informing the limited liability company that failing to file the annual registration 79.29 new text begin renewal new text end will result in an administrative termination of the limited liability company new text begin or the new text end 79.30 new text begin revocation of the authority of the limited liability company to do business in Minnesota new text end . 79.31(b) Each calendar year beginning in the calendar year following the calendar year in 79.32which a limited liability company files articles of organization, a limited liability company 79.33must file with the secretary of state by December 31 of each calendar year a registration 79.34 new text begin renewal new text end containing the information listed in subdivision 2 new text begin items required by section 5.34 new text end . 79.35    Subd. 2. Information required; fees. The registration must include: 80.1(1) the name of the limited liability company or the name under which a foreign 80.2limited liability company has registered in this state; 80.3(2) the address of its principal executive office, if different from the registered 80.4address; 80.5(3) the address of its registered office; 80.6(4) the name of its registered agent, if any; 80.7(5) the state or jurisdiction of organization; and 80.8(6) the name and business address of the manager or other person exercising the 80.9principal functions of the chief manager of the limited liability company. 80.10    Subd. 4. Penalty. (a) A domestic limited liability company that has not filed 80.11a registration new text begin renewal new text end pursuant to the requirements of subdivision 2, new text begin this section new text end is 80.12administratively terminated. The secretary of state shall issue a certificate of administrative 80.13termination which must be filed in the office of the secretary of state. The secretary of 80.14state must also make available in an electronic format the names of the terminated limited 80.15liability companies. 80.16(b) A non-Minnesota limited liability company that has not filed a registration 80.17 new text begin renewal new text end pursuant to the requirements of subdivision 2, new text begin this section new text end shall have its authority 80.18to do business in Minnesota revoked. The secretary of state must issue a certificate of 80.19revocation which must be filed in the Office of the Secretary of State. The secretary 80.20of state must also make available in an electronic format the names of the revoked 80.21non-Minnesota limited liability companies. 80.22    Subd. 5. Reinstatement. If a limited liability company is administratively 80.23terminated or has its authority to do business in Minnesota revoked, it may retroactively 80.24reinstate its existence or authority to do business by filing a single annual registration 80.25 new text begin renewal new text end and paying a $25 fee. 80.26(a) For a domestic limited liability company, filing the annual registration new text begin renewal new text end 80.27with the secretary of state: 80.28(1) returns the limited liability company to active status as of the date of the 80.29administrative termination; 80.30(2) validates contracts or other acts within the authority of the articles, and the 80.31limited liability company is liable for those contracts or acts; and 80.32(3) restores to the limited liability company all assets and rights of the limited 80.33liability company and its members to the extent they were held by the limited liability 80.34company and its members before the administrative termination occurred, except to the 80.35extent that assets or rights were affected by acts occurring after the termination, sold, or 80.36otherwise distributed after that time. 81.1(b) For a non-Minnesota limited liability company, filing the annual registration 81.2 new text begin renewal new text end restores the limited liability company's ability to do business in Minnesota and 81.3the rights and privileges which accompany that authority. 81.4    Sec. 20. Minnesota Statutes 2008, section 323A.1003, is amended to read: 81.5323A.1003 ANNUAL REGISTRATION new text begin RENEWAL new text end . 81.6    (a) Each calendar year beginning in the calendar year following the calendar year 81.7in which a partnership files a statement of qualification or in which a foreign partnership 81.8becomes authorized to transact business in this state, the secretary of state must mail by 81.9first class mail an annual registration form to the street address of the partnership's chief 81.10executive office, if located in Minnesota, the office in this state, if the chief executive 81.11office is not located in Minnesota, or address of the registered agent of the partnership 81.12as shown on the records of the secretary of state when the chief executive office is not 81.13located in Minnesota and no other Minnesota office exists new text begin may send annually to the new text end 81.14 new text begin partnership or foreign partnership, using the information provided by the limited liability new text end 81.15 new text begin partnership pursuant to section 5.002 or 5.34 or the limited liability partnership statement new text end 81.16 new text begin of qualification, a notice new text end . The form must include the following notice: new text begin will announce the new text end 81.17 new text begin need to file the annual renewal and will inform the partnership or foreign partnership that new text end 81.18 new text begin the annual renewal may be filed online and that paper filings may also be made and that new text end 81.19"NOTICE: failure to file this form new text begin the notice new text end by December 31 of this year will result 81.20in the revocation of the statement of qualification of this limited liability partnership new text begin . new text end 81.21without further notice from the secretary of state pursuant to Minnesota Statutes, section 81.22323A.1003, subsection (d)." 81.23    (b) A limited liability partnership, and a foreign limited liability partnership 81.24authorized to transact business in this state, shall file an annual registration new text begin renewal new text end in the 81.25office of the secretary of state which contains: new text begin the information required by section 5.34. new text end 81.26    (1) the name of the limited liability partnership and the state or other jurisdiction 81.27under whose laws the foreign limited liability partnership is formed; 81.28    (2) the street address, including the zip code, of the partnership's chief executive 81.29office and, if different, the street address, including the zip code, of an office of the 81.30partnership in this state, if any; 81.31    (3) if the partnership does not have an office in this state, the name and street address, 81.32including the zip code, of the partnership's current agent for service of process; and 81.33    (4) if the agent for service of process under clause (3) is not an individual, the name, 81.34street address, and telephone number of an individual who may be contacted for purposes 81.35other than service of process with respect to the limited liability partnership. 82.1    (c) An annual registration new text begin renewal new text end must be filed once each calendar year beginning 82.2in the year following the calendar year in which a partnership files a statement of 82.3qualification or a foreign partnership becomes authorized to transact business in this state. 82.4    (d) The secretary of state must revoke the statement of qualification of a partnership 82.5that fails to file an annual registration new text begin renewal new text end when due or pay the required filing fee. The 82.6secretary of state must issue a certificate of revocation which must be filed in the office 82.7of the secretary of state. The secretary of state must also make available in an electronic 82.8format the names of the revoked limited liability companies. 82.9    (e) A revocation under subsection (d) only affects a partnership's status as a limited 82.10liability partnership and is not an event of dissolution of the partnership. 82.11    (f) A partnership whose statement of qualification has been revoked may apply 82.12to the secretary of state for reinstatement within one year after the effective date of 82.13the revocation. A partnership must file an annual registration new text begin renewal new text end to apply for 82.14reinstatement and pay a reinstatement fee of $135 new text begin $160 new text end . 82.15    (g) A reinstatement under subsection (f) relates back to and takes effect as of 82.16the effective date of the revocation, and the partnership's status as a limited liability 82.17partnership continues as if the revocation had never occurred. 82.18    Sec. 21. Minnesota Statutes 2008, section 333.055, is amended to read: 82.19333.055 TERM OF CERTIFICATE. 82.20    Subdivision 1. Application and renewal. Filing of a certificate hereunder shall be 82.21effective for a term of ten years from the date of filing and upon application filed within 82.22the six-month period prior to the expiration of such term or a renewal thereof, on a form 82.23prescribed by the secretary of state, new text begin upon filing and shall remain in effect as long as an new text end 82.24 new text begin annual renewal for new text end the certificate may be renewed for additional ten-year terms. A renewal 82.25fee as specified herein, payable to the secretary of state, shall accompany the application 82.26for renewal. new text begin is filed in each calendar year following the calendar year in which the original new text end 82.27 new text begin filing was filed. The certificate expires in the calendar year following a calendar year in new text end 82.28 new text begin which the annual renewal was not filed. Notice of the annual renewal requirement must be new text end 82.29 new text begin provided to the person or entity submitting the certificate at the time of the original filing. new text end 82.30The secretary of state shall notify each business holding a certificate hereunder of 82.31the necessity of renewal thereof by writing to the last known address of the business at 82.32least six months prior to the certificate's expiration date. 82.33 new text begin Assumed name certificates on file with the secretary of state upon the effective new text end 82.34 new text begin date of this section are exempt from the renewal requirements of this section until the new text end 82.35 new text begin expiration of the original ten-year term. new text end 83.1    Subd. 2. Existing certificates new text begin Reinstatement new text end . Any assumed name certificate of 83.2record in the district courts and in force on July 1, 1978 shall continue in force without 83.3the necessity of another filing under section until July 31, 1979, at which time all 83.4such certificates shall expire unless renewed as hereinafter provided. Any certificate 83.5may be renewed by filing an application with the secretary of state on a form prescribed 83.6by the secretary and paying the renewal fee prescribed by subdivision 3 within the six 83.7month period prior to the expiration of the certificate new text begin that expires as a result of failing new text end 83.8 new text begin to file the annual renewal may be reinstated by filing the annual renewal with the $25 new text end 83.9 new text begin reinstatement fee new text end . 83.10     new text begin Subd. 2a. new text end new text begin Annual renewal; contents. new text end new text begin The annual renewal filed under subdivision 1 new text end 83.11 new text begin must include the assumed name and the address of the principal place of business. new text end 83.12    Subd. 3. Fees. The secretary of state shall charge and collect: new text begin a fee of $30 for new text end 83.13 new text begin each filing submitted with respect to an assumed name except for the annual renewal, new text end 83.14 new text begin for which no fee will be charged. new text end 83.15(a) for the filing of each certificate or amended certificate of an assumed name - $25; 83.16(b) certificate renewal fee - $25. 83.17    Subd. 4. Secretary of state duties. The secretary of state shall accept for filing all 83.18certificates and renewals thereof which comply with the provisions of sections 333.001 to 83.19333.06 and which are accompanied by the prescribed fees, notwithstanding the fact that 83.20the assumed name disclosed therein may not be distinguishable from one or more other 83.21assumed names already filed with the secretary of state. The secretary of state shall not 83.22accept for filing a certificate that discloses an assumed name that is not distinguishable 83.23from a corporate, limited liability company, limited liability partnership, cooperative, or 83.24limited partnership name in use or reserved in this state by another or a trade or service 83.25mark registered with the secretary of state, unless there is filed with the certificate a written 83.26consent, court decree of prior right, or affidavit of nonuser of the kind required by section 83.27302A.115, subdivision 1 , clause (d). The secretary of state shall determine whether a name 83.28is distinguishable from another name for purposes of this subdivision. 83.29 new text begin EFFECTIVE DATE; APPLICATION. new text end new text begin The amendments to this section are new text end 83.30 new text begin effective 30 days after the secretary of state certifies that the information systems of the new text end 83.31 new text begin Office of the Secretary of State have been modified to implement this section, and the new text end 83.32 new text begin amendments to this section apply to all existing and new assumed name certificates on new text end 83.33 new text begin and after that date. new text end 83.34    Sec. 22. Minnesota Statutes 2008, section 336A.04, subdivision 3, is amended to read: 84.1    Subd. 3. Fees. The fee for filing and indexing a standard form or format for a lien 84.2notice, effective financing statement, or continuation statement, and stamping the date and 84.3place of filing on a copy of the filed document furnished by the filing party is $15 until 84.4June 30, 2005. Effective July 1, 2005, the fee for each filing will be as follows: 84.5(1) new text begin $20 for each effective financing statement and new text end $15 for each new text begin lien notice or new text end new text begin other new text end 84.6filing made through the Web interface of the Office of the Secretary of State; and 84.7(2) new text begin $25 for each effective financing statement and new text end $20 for each new text begin lien notice or new text end new text begin other new text end 84.8filing submitted in any other manner. new text begin ; and new text end 84.9 new text begin (3) no fee will be charged for filing a termination statement. new text end 84.10Filing fees collected by a satellite office must be deposited in the general fund of the 84.11county in which the satellite office is located. 84.12    Sec. 23. Minnesota Statutes 2008, section 336A.09, subdivision 2, is amended to read: 84.13    Subd. 2. Searches; fees. (a) If a person makes a request, the filing officer shall 84.14conduct a search of the computerized filing system for effective financing statements or 84.15lien notices and statements of continuation of a particular debtor. The filing officer shall 84.16produce a report including the date, time, and results of the search by issuing: 84.17(1) a listing of the file number, date, and hour of each effective financing statement 84.18found in the search and the names and addresses of each secured party on the effective 84.19financing statements or of each lien notice found in the search and the names and address 84.20of each lienholder on the lien notice; or 84.21(2) upon request, both the report and photocopies of the effective financing 84.22statements or lien notices. 84.23(b) The uniform fee for conducting a search and for preparing a report is $20 per 84.24debtor name. If an oral or facsimile response is requested, there is an additional fee of $5 84.25per debtor name requested. A fee of $1 per page new text begin as set by section 5.12 new text end will be charged for 84.26photocopies of effective financing statements, lien notices, continuation statements, or 84.27termination statements. 84.28(c) Search fees collected by a satellite office must be deposited in the general fund of 84.29the county where the satellite office is located. 84.30    Sec. 24. Minnesota Statutes 2008, section 359.01, subdivision 3, is amended to read: 84.31    Subd. 3. Fees. (a) When making application for a commission the applicant must 84.32submit, along with the information required by the secretary of state, a nonrefundable 84.33fee of $40. 85.1(b) All fees shall be retained by the secretary of state and are nonreturnable, except 85.2that new text begin for new text end an overpayment of a fee is the subject of a refund upon proper application. 85.3ARTICLE 4 85.4VETERANS PREFERENCE 85.5    Section 1. Minnesota Statutes 2008, section 16C.16, is amended by adding a 85.6subdivision to read: 85.7     new text begin Subd. 6a. new text end new text begin Veteran-owned small businesses. new text end new text begin (a) The commissioner shall award up new text end 85.8 new text begin to a six percent preference, but no less than the percentage awarded to any other group new text end 85.9 new text begin under this section, in the amount bid on state procurement to certified small businesses new text end 85.10 new text begin that are majority-owned and operated either: new text end 85.11 new text begin (1) by veterans, as indicated by the person's United States Department of Defense new text end 85.12 new text begin form DD-214 or by the commissioner of veterans affairs; or new text end 85.13 new text begin (2) by veterans having service-connected disabilities, as determined at any time by new text end 85.14 new text begin the United States Department of Veterans Affairs. new text end 85.15 new text begin (b) The purpose of this designation is to facilitate the transition of veterans from new text end 85.16 new text begin military to civilian life, and to help compensate veterans for their sacrifices, including but new text end 85.17 new text begin not limited to their sacrifice of health and time, to the state and nation during their military new text end 85.18 new text begin service, as well as to enhance economic development within Minnesota. new text end 85.19 new text begin (c) For purposes of this section and section 16C.19, the following terms have the new text end 85.20 new text begin meanings given them: new text end 85.21 new text begin (1) "veteran" has the meaning given in section 197.447; new text end 85.22 new text begin (2) "service-connected disability" has the meaning given in United States Code, title new text end 85.23 new text begin 38, section 101(16), as determined by the United States Department of Veterans Affairs. new text end 85.24 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2009, and applies to new text end 85.25 new text begin procurement contract bid solicitations issued on and after that date. new text end 85.26    Sec. 2. Minnesota Statutes 2008, section 16C.19, is amended to read: 85.2716C.19 ELIGIBILITY; RULES. 85.28(a) A small business wishing to participate in the programs under section 16C.16, 85.29subdivisions 4 to 7 , must be certified by the commissioner. The commissioner shall adopt 85.30by rule standards and procedures for certifying that small businesses, small targeted group 85.31businesses, and small businesses located in economically disadvantaged areas are eligible 85.32to participate under the requirements of sections 16C.16 to 16C.21. The commissioner 86.1shall adopt by rule standards and procedures for hearing appeals and grievances and other 86.2rules necessary to carry out the duties set forth in sections 16C.16 to 16C.21. 86.3(b) The commissioner may make rules which exclude or limit the participation of 86.4nonmanufacturing business, including third-party lessors, brokers, franchises, jobbers, 86.5manufacturers' representatives, and others from eligibility under sections 16C.16 to 86.616C.21 . 86.7(c) The commissioner may make rules that set time limits and other eligibility limits 86.8on business participation in programs under sections 16C.16 to 16C.21. 86.9 new text begin (d) Notwithstanding paragraph (c), for purposes of sections 16C.16 to 16C.21, new text end 86.10 new text begin a veteran-owned small business or service-disabled veteran-owned small business, the new text end 86.11 new text begin principal place of business of which is in Minnesota, is certified if it has been verified by new text end 86.12 new text begin the United States Department of Veterans Affairs as being a veteran-owned small business new text end 86.13 new text begin or service disabled veteran-owned small business in accordance with Public Law 109-461 new text end 86.14 new text begin and Code of Federal Regulations, title 38, part 74. new text end 86.15 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2009, and applies to new text end 86.16 new text begin procurement contract bid solicitations issued on and after that date. new text end 86.17    Sec. 3. Minnesota Statutes 2008, section 16C.20, is amended to read: 86.1816C.20 CERTIFICATION. 86.19A business that is certified by the commissioner of administration as a small 86.20business, small targeted group business new text begin , new text end or a small business located in an economically 86.21disadvantaged area new text begin , or a veteran owned small business new text end is eligible to participate under the 86.22requirements of sections 137.31 and 161.321 and, if certified as a small business new text begin , new text end or small 86.23targeted group business, new text begin or veteran owned small business, new text end under section 473.142 without 86.24further certification by the contracting agency. 86.25 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2009, and applies to new text end 86.26 new text begin procurement contract bid solicitations issued on and after that date. new text end 86.27    Sec. 4. Minnesota Statutes 2008, section 161.321, is amended to read: 86.28161.321 SMALL BUSINESS CONTRACTS. 86.29    Subdivision 1. Definitions. For purposes of this section the following terms have 86.30the meanings given them, except where the context clearly indicates a different meaning is 86.31intended. 86.32(a) "Award" means the granting of a contract in accordance with all applicable laws 86.33and rules governing competitive bidding except as otherwise provided in this section. 87.1(b) "Contract" means an agreement entered into between a business entity and the 87.2state of Minnesota for the construction of transportation improvements. 87.3(c) "Subcontractor" means a business entity which enters into a legally binding 87.4agreement with another business entity which is a party to a contract as defined in 87.5paragraph (b). 87.6(d) "Targeted group business" means a business designated under section 16C.16, 87.7subdivision 5 . 87.8 new text begin (e) "Veteran owned small business" means a business designated under section new text end 87.9 new text begin 16C.16, subdivision 6a. new text end 87.10    Subd. 2. Small business set-asides. (a) The commissioner may award up to a six 87.11percent preference in the amount bid for specified construction work to small targeted 87.12group businesses new text begin and veteran owned small businesses new text end . 87.13(b) The commissioner may designate a contract for construction work for award only 87.14to small targeted group businesses if the commissioner determines that at least three small 87.15targeted group businesses are likely to bid. new text begin The commissioner may designate a contract for new text end 87.16 new text begin construction work for award only to veteran owned small businesses if the commissioner new text end 87.17 new text begin determines that at least three veteran owned small businesses are likely to bid. new text end 87.18(c) The commissioner, as a condition of awarding a construction contract, may 87.19set goals that require the prime contractor to subcontract a portion of the contract to 87.20small targeted group businesses new text begin and veteran owned small businesses new text end . The commissioner 87.21must establish a procedure for granting waivers from the subcontracting requirement 87.22when qualified small targeted group businesses new text begin and veteran owned small businesses new text end 87.23are not reasonably available. The commissioner may establish financial incentives for 87.24prime contractors who exceed the goals for use of subcontractors and financial penalties 87.25for prime contractors who fail to meet goals under this paragraph. The subcontracting 87.26requirements of this paragraph do not apply to prime contractors who are small targeted 87.27group businesses new text begin or veteran owned small businesses new text end . 87.28(d) The commissioner may award up to a four percent preference in the amount bid 87.29on procurement to small businesses located in an economically disadvantaged area as 87.30defined in section 16C.16, subdivision 7. 87.31    Subd. 3. Awards to small businesses. At least 75 percent of subcontracts awarded 87.32to small targeted group businesses must be performed by the business to which the 87.33subcontract is awarded or another small targeted group business. new text begin At least 75 percent new text end 87.34 new text begin of subcontracts awarded to veteran owned small businesses must be performed by the new text end 87.35 new text begin business to which the subcontract is awarded or another veteran owned small business. new text end 88.1    Subd. 4. Awards, limitations. Contracts awarded pursuant to this section are 88.2subject to all limitations contained in rules adopted by the commissioner of administration. 88.3    Subd. 5. Recourse to other businesses. If the commissioner is unable to award 88.4a contract pursuant to the provisions of subdivisions 2 and 3, the award may be placed 88.5pursuant to the normal solicitation and award provisions set forth in this chapter and 88.6chapter 16C. 88.7    Subd. 6. Rules. The rules adopted by the commissioner of administration to define 88.8small businesses and to set time and other eligibility requirements for participation in 88.9programs under sections 16C.16 to 16C.19 apply to this section. The commissioner may 88.10promulgate other rules necessary to carry out this section. 88.11    Subd. 7. Noncompetitive bids. The commissioner is encouraged to purchase 88.12from small targeted group businesses new text begin and veteran owned small businesses new text end designated 88.13under section 16C.16 when making purchases that are not subject to competitive bidding 88.14procedures. 88.15    Subd. 8. Report by commissioner. The commissioner of transportation shall report 88.16to the commissioner of administration on compliance with this section. The information 88.17must be reported at the time and in the manner requested by the commissioner. 88.18 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2009, and applies to new text end 88.19 new text begin procurement contract bid solicitations issued on and after that date. new text end 88.20    Sec. 5. Minnesota Statutes 2008, section 473.142, is amended to read: 88.21473.142 SMALL BUSINESSES. 88.22(a) The Metropolitan Council and agencies specified in section 473.143, subdivision 88.231 , may award up to a six percent preference in the amount bid for specified goods or 88.24services to small targeted group businesses new text begin and veteran owned small businesses new text end designated 88.25under section 16C.16. 88.26(b) The council and each agency specified in section 473.143, subdivision 1, may 88.27designate a purchase of goods or services for award only to small targeted group businesses 88.28designated under section 16C.16 if the council or agency determines that at least three 88.29small targeted group businesses are likely to bid. new text begin The council and each agency specified in new text end 88.30 new text begin section 473.143, subdivision 1, may designate a purchase of goods or services for award new text end 88.31 new text begin only to veteran owned small businesses designated under section 16C.16 if the council or new text end 88.32 new text begin agency determines that at least three veteran owned small businesses are likely to bid. new text end 88.33(c) The council and each agency specified in section 473.143, subdivision 1, as a 88.34condition of awarding a construction contract or approving a contract for consultant, 89.1professional, or technical services, may set goals that require the prime contractor to 89.2subcontract a portion of the contract to small targeted group businesses new text begin and veteran new text end 89.3 new text begin owned small businesses new text end designated under section 16C.16. The council or agency must 89.4establish a procedure for granting waivers from the subcontracting requirement when 89.5qualified small targeted group businesses new text begin and veteran owned small businesses new text end are not 89.6reasonably available. The council or agency may establish financial incentives for 89.7prime contractors who exceed the goals for use of subcontractors and financial penalties 89.8for prime contractors who fail to meet goals under this paragraph. The subcontracting 89.9requirements of this paragraph do not apply to prime contractors who are small targeted 89.10group businesses new text begin and veteran owned small businesses new text end . At least 75 percent of the value of 89.11the subcontracts awarded to small targeted group businesses under this paragraph must 89.12be performed by the business to which the subcontract is awarded or by another small 89.13targeted group business. new text begin At least 75 percent of the value of the subcontracts awarded to new text end 89.14 new text begin veteran owned small businesses under this paragraph must be performed by the business new text end 89.15 new text begin to which the subcontract is awarded or another veteran owned small business. new text end 89.16(d) The council and each agency listed in section 473.143, subdivision 1, are 89.17encouraged to purchase from small targeted group businesses new text begin and veteran owned small new text end 89.18 new text begin businesses new text end designated under section 16C.16 when making purchases that are not subject to 89.19competitive bidding procedures. 89.20(e) The council and each agency may adopt rules to implement this section. 89.21(f) Each council or agency contract must require the prime contractor to pay any 89.22subcontractor within ten days of the prime contractor's receipt of payment from the 89.23council or agency for undisputed services provided by the subcontractor. The contract 89.24must require the prime contractor to pay interest of 1-1/2 percent per month or any 89.25part of a month to the subcontractor on any undisputed amount not paid on time to the 89.26subcontractor. The minimum monthly interest penalty payment for an unpaid balance of 89.27$100 or more is $10. For an unpaid balance of less than $100, the prime contractor shall 89.28pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil 89.29action to collect interest penalties from a prime contractor must be awarded its costs and 89.30disbursements, including attorney fees, incurred in bringing the action. 89.31(g) This section does not apply to procurement financed in whole or in part 89.32with federal funds if the procurement is subject to federal disadvantaged, minority, or 89.33women business enterprise regulations. The council and each agency shall report to the 89.34commissioner of administration on compliance with this section. The information must be 89.35reported at the time and in the manner requested by the commissioner. 90.1 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2009, and applies to new text end 90.2 new text begin procurement contract bid solicitations issued on and after that date. new text end