1.1A bill for an act1.2relating 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 12.5STATE GOVERNMENT APPROPRIATIONS

2.6Section 1. STATE GOVERNMENT APPROPRIATIONS.

2.7    The sums shown in the columns marked "appropriations" are appropriated to the 2.8agencies and for the purposes specified in this article. The appropriations are from the 2.9general fund, or another named fund, and are available for the fiscal years indicated 2.10for each purpose. The figures "2010" and "2011" used in this article mean that the 2.11appropriations listed under them are available for the fiscal year ending June 30, 2010, or 2.12June 30, 2011, respectively. "The first year" is fiscal year 2010. "The second year" is fiscal 2.13year 2011. "The biennium" is fiscal years 2010 and 2011. 

2.14APPROPRIATIONS2.15Available for the Year2.16Ending June 302.1720102011

2.18Sec. 2. LEGISLATURE

2.19Subdivision 1.Total Appropriation$67,352,000$67,326,000

2.20Appropriations by Fund2.21201020112.22General67,174,00067,148,0002.23Health Care Access178,000178,000

2.24The amounts that may be spent for each 2.25purpose are specified in the following 2.26subdivisions.

2.27Subd. 2.Senate21,810,00021,810,000

2.28Subd. 3.House of Representatives29,940,00029,940,000

2.29During the biennium ending June 30, 2011, 2.30any revenues received by the house of 2.31representatives from sponsorship notices in 2.32broadcast or print media are appropriated to 2.33the house of representatives.3.1The house must develop a system under 3.2which members and employees have 3.3electronic access to their payroll and payroll 3.4deduction information.

3.5Subd. 4.Legislative Coordinating Commission15,602,00015,576,000

3.6Appropriations by Fund3.7General15,424,00015,398,0003.8Health Care Access 178,000178,000

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

3.253.26Sec. 3. GOVERNOR AND LIEUTENANT GOVERNOR$4,245,000$4,245,000

3.27This appropriation is to fund the Office of the 3.28Governor and Lieutenant Governor.3.29$19,000 the first year and $19,000 the 3.30second year are for necessary expenses in 3.31the normal performance of the governor's 3.32and lieutenant governor's duties for which no 3.33other reimbursement is provided.

4.1Sec. 4. STATE AUDITOR$9,858,000$9,178,000

4.2$680,000 the first year is for additional audit 4.3activities under the American Recovery 4.4and Reinvestment Act of 2009. This 4.5appropriation remains available through June 4.630, 2011.

4.7Sec. 5. ATTORNEY GENERAL$25,631,000$25,631,000

4.8Appropriations by Fund4.9201020114.10General23,409,00023,409,0004.114.12State Government Special Revenue 1,827,000 1,827,0004.13Environmental145,000145,0004.14Remediation250,000250,000

4.15Sec. 6. SECRETARY OF STATE$5,910,000$5,909,000

4.16Any funds available in the account 4.17established in Minnesota Statutes, section 4.185.30, pursuant to the Help America Vote Act, 4.19are appropriated for the purposes and uses 4.20authorized by federal law.

4.214.22Sec. 7. CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD$698,000$698,000

4.23Sec. 8. INVESTMENT BOARD$151,000$151,000

4.244.25Sec. 9. OFFICE OF ENTERPRISE TECHNOLOGY$5,758,000$5,758,000

4.26The requirements imposed on the 4.27commissioner of finance and the chief 4.28information officer under Laws 2007, chapter 4.29148, article 1, section 10, paragraph (e), 4.30regarding the determination of the savings 4.31attributable to the electronic licensing 4.32system and information technology security 4.33improvements are inoperative.

5.1Sec. 10. ADMINISTRATIVE HEARINGS$7,525,000$7,525,000

5.2Appropriations by Fund5.3201020115.4General275,000275,0005.55.6Workers' Compensation7,250,0007,250,000

5.7Sec. 11. ADMINISTRATION

5.8Subdivision 1.Total Appropriation$19,260,000$18,905,000

5.9Appropriations by Fund5.10201020115.11General19,010,00018,905,0005.125.13Special Revenue Fund250,0000

5.14The amounts that may be spent for each 5.15purpose are specified in the following 5.16subdivisions.

5.17Subd. 2.Government and Citizen Services17,384,00017,054,000

5.18Appropriations by Fund5.19General17,134,00017,054,0005.205.21Special Revenue Fund250,0000

5.22(a) $802,000 the first year and $802,000 5.23the second year are for the Minnesota 5.24Geospatial Information Office. Of the total 5.25appropriation, $10,000 per year is intended 5.26for preparation of township acreage data in 5.27Laws 2008, chapter 366, article 17, section 5.287, subdivision 3.5.29(b) $74,000 the first year and $74,000 5.30the second year are for the Council on 5.31Developmental Disabilities.5.32(c) $134,000 the first year and $134,000 the 5.33second year are for a grant to the Council on 5.34Developmental Disabilities for the purpose 5.35of establishing a statewide self-advocacy 6.1network for persons with intellectual and 6.2developmental disabilities (ID/DD). The 6.3self-advocacy network shall: (1) ensure 6.4that persons with ID/DD are informed 6.5of their rights in employment, housing, 6.6transportation, voting, government policy, 6.7and other issues pertinent to the ID/DD 6.8community; (2) provide public education 6.9and awareness of the civil and human 6.10rights issues persons with ID/DD face; (3) 6.11provide funds, technical assistance, and 6.12other resources for self-advocacy groups 6.13across the state; and (4) organize systems of 6.14communications to facilitate an exchange of 6.15information between self-advocacy groups.6.16(d) $250,000 the first year and $170,000 the 6.17second year are to fund activities to prepare 6.18for and promote the 2010 census.6.19(e) $206,000 the first year and $206,000 the 6.20second year are for the Office of the State 6.21Archaeologist.6.22(f) The requirements imposed on 6.23the commissioner of finance and the 6.24commissioner of administration under 6.25Laws 2007, chapter 148, article 1, section 6.2612, subdivision 2, paragraph (b), relating 6.27to the savings attributable to the real 6.28property portfolio management system are 6.29inoperative.6.30(g) $250,000 is appropriated to the 6.31commissioner of administration from the 6.32information and telecommunications account 6.33in the special revenue fund to continue 6.34planning for data center consolidation, 6.35including completing a predesign study 7.1and lifecycle cost analysis, and exploring 7.2technologies to reduce energy consumption 7.3and operating costs.7.4(f) $8,388,000 the first year and $8,388,000 7.5the second year are for office space costs of 7.6the legislature and veterans organizations, 7.7for ceremonial space, and for statutorily free 7.8space.

7.9Subd. 3.Administrative Management Support1,876,0001,851,000

7.10$125,000 each year is for the Office of 7.11Grant Management. During the biennium 7.12ending June 30, 2011, the commissioner 7.13must recover this amount through deductions 7.14in state grants subject to the jurisdiction 7.15of the office. The amount deducted from 7.16appropriations for these grants must be 7.17deposited in the general fund.7.18$25,000 the first year is for the Office 7.19of Grants Management to study and 7.20make recommendations on improving 7.21collaborative activities between the state, 7.22nonprofit entities, and the private sector, 7.23including: (1) recommendations for 7.24expanding successful initiatives involving 7.25not-for-profit organizations that have 7.26demonstrated measurable, positive results 7.27in addressing high-priority community 7.28issues; and (2) recommendations on grant 7.29requirements and design to encourage 7.30programs receiving grants to become 7.31self-sufficient. The office may appoint an 7.32advisory group to assist in the study and 7.33recommendations. The office must report 7.34its recommendations to the legislature by 7.35January 15, 2010.

8.18.28.3Sec. 12. CAPITOL AREA ARCHITECTURAL AND PLANNING BOARD$354,000$354,000

8.4Sec. 13. FINANCE$20,530,000$20,030,000

8.5$500,000 the first year is for oversight and 8.6reporting of federal funds received under the 8.7American Recovery and Reinvestment Act 8.8of 2009. This appropriation is available until 8.9June 30, 2011.

8.10Sec. 14. REVENUE

8.11Subdivision 1.Total Appropriation$127,802,000$130,275,000

8.12Appropriations by Fund8.13201020118.14General123,555,000126,040,0008.15Health Care Access1,761,0001,749,0008.168.17Highway User Tax Distribution2,183,0002,183,0008.18Environmental303,000303,000

8.19The amounts that may be spent for each 8.20purpose are specified in subdivisions 2 and 3.

8.21Subd. 2.Tax System Management103,528,000105,379,000

8.22Appropriations by Fund8.23General99,281,000101,144,0008.24Health Care Access1,761,0001,749,0008.258.26Highway User Tax Distribution2,183,0002,183,0008.27Environmental303,000303,000

8.28The requirements imposed on the 8.29commissioners of finance and revenue under 8.30Laws 2007, chapter 148, article 1, section 8.3116, subdivision 2, paragraph (d), relating to 8.32the determination of savings attributable to 8.33implementing the integrated tax software 8.34package are inoperative.9.1(a) $1,925,000 the first year and $3,788,000 9.2the second year are for additional activities 9.3to identify and collect tax liabilities from 9.4individuals and businesses that currently 9.5do not pay all taxes owed. This initiative 9.6is expected to result in new general fund 9.7revenues of $12,825,000 for the biennium 9.8ending June 30, 2011.9.9(b) The department must report to the chairs 9.10of the house of representatives Ways and 9.11Means and senate Finance Committees by 9.12March 1, 2010, and January 15, 2011, on the 9.13following performance indicators:9.14(1) the number of corporations noncompliant 9.15with the corporate tax system each year and 9.16the percentage and dollar amounts of valid 9.17tax liabilities collected;9.18(2) the number of businesses noncompliant 9.19with the sales and use tax system and the 9.20percentage and dollar amount of the valid tax 9.21liabilities collected; and9.22(3) the number of individual noncompliant 9.23cases resolved and the percentage and dollar 9.24amounts of valid tax liabilities collected.

9.25Subd. 3.Debt Collection Management24,274,00024,896,000

9.26$588,000 the first year and $1,210,000 the 9.27second year are for additional activities 9.28to identify and collect tax liabilities from 9.29individuals and businesses that currently 9.30do not pay all taxes owed. This initiative 9.31is expected to result in new general fund 9.32revenues of $17,250,000 for the biennium 9.33ending June 30, 2011.

9.34Sec. 15. GAMBLING CONTROL$2,940,000$2,940,000

10.1These appropriations are from the lawful 10.2gambling regulation account in the special 10.3revenue fund.

10.4Sec. 16. RACING COMMISSION$899,000$899,000

10.5These appropriations are from the racing 10.6and card playing regulation accounts in the 10.7special revenue fund.

10.8Sec. 17. STATE LOTTERY

10.9Notwithstanding Minnesota Statutes, section 10.10349A.10, subdivision 3, the operating budget 10.11must not exceed $28,111,000 in fiscal year 10.122010 and $28,740,000 in fiscal year 2011.

10.13Sec. 18. TORT CLAIMS$161,000$161,000

10.14To be spent by the commissioner of finance 10.15according to Minnesota Statutes, section 10.163.736, subdivision 7. If the appropriation for 10.17either year is insufficient, the appropriation 10.18for the other year is available for it.

10.1910.20Sec. 19. MINNESOTA STATE RETIREMENT SYSTEM

10.21Subdivision 1.Total Appropriation$2,346,000$2,405,000

10.22The amounts that may be spent for each 10.23purpose are specified in the following 10.24subdivisions.

10.25Subd. 2.Legislators1,889,0001,937,000

10.26Under Minnesota Statutes, sections 3A.03, 10.27subdivision 2; 3A.04, subdivisions 3 and 4; 10.28and 3A.115.

10.29Subd. 3. Constitutional Officers457,000468,000

10.30Under Minnesota Statutes, section 352C.001.11.1If an appropriation in this section for either 11.2year is insufficient, the appropriation for the 11.3other year is available for it.

11.411.5Sec. 20. MINNEAPOLIS EMPLOYEES RETIREMENT FUND$9,000,000$9,000,000

11.6These amounts are estimated to be needed 11.7under Minnesota Statutes, section 422A.101, 11.8subdivision 3.

11.911.10Sec. 21. TEACHERS RETIREMENT ASSOCIATION$15,454,000$15,454,000

11.11The amounts estimated to be needed are as 11.12specified in paragraphs (a) and (b):11.13(a) $12,954,000 the first year and 11.14$12,954,000 the second year are for special 11.15direct state aid authorized under Minnesota 11.16Statutes, section 354A.12, subdivisions 3a 11.17and 3c.11.18(b) $2,500,000 the first year and $2,500,000 11.19the second year are for special direct state 11.20matching aid authorized under Minnesota 11.21Statutes, section 354A.12, subdivision 3b.

11.2211.23Sec. 22. ST. PAUL TEACHERS RETIREMENT FUND$2,827,000$2,827,000

11.24The amounts estimated to be needed for 11.25special direct state aid to first class city 11.26teachers retirement funds authorized under 11.27Minnesota Statutes, section 354A.12, 11.28subdivisions 3a and 3c.

11.2911.30Sec. 23. DULUTH TEACHERS RETIREMENT FUND$346,000$346,000

11.31The amounts estimated to be needed for 11.32special direct state aid to first class city 11.33teachers retirement funds authorized under 12.1Minnesota Statutes, section 354A.12, 12.2subdivisions 3a and 3c.

12.312.4Sec. 24. GENERAL CONTINGENT ACCOUNTS$2,775,000$500,000

12.5Appropriations by Fund12.62010201112.7General2,275,000012.812.9State Government Special Revenue400,000400,00012.1012.11Workers' Compensation100,000100,000

12.12(a) The appropriations in this section 12.13may only be spent with the approval of 12.14the governor after consultation with the 12.15Legislative Advisory Commission pursuant 12.16to Minnesota Statutes, section 3.30.12.17(b) Of the appropriation to the general fund 12.18contingent account, $1,775,000 is a onetime 12.19appropriation for potential state matching 12.20requirements needed to maximize receipt of 12.21federal funds under the American Recovery 12.22and Reinvestment Act of 2009.12.23(c) If an appropriation in this section for 12.24either year is insufficient, the appropriation 12.25for the other year is available for it.12.26(d) If a contingent account appropriation 12.27is made in one fiscal year, it should be 12.28considered a biennial appropriation.

12.29Sec. 25. AMATEUR SPORTS COMMISSION$270,000$270,000

12.30The amount available for appropriation to 12.31the commission under Laws 2005, chapter 12.32156, article 2, section 43, is reduced in the 12.33first year and the second year by the amounts 12.34appropriated in this section.

13.113.2Sec. 26. COUNCIL ON BLACK MINNESOTANS$316,000$316,000

13.313.4Sec. 27. COUNCIL ON CHICANO/LATINO AFFAIRS$298,000$298,000

13.513.6Sec. 28. COUNCIL ON ASIAN-PACIFIC MINNESOTANS$275,000$275,000

13.7Sec. 29. INDIAN AFFAIRS COUNCIL$500,000$500,000

13.8$32,000 each year is for activities of the 13.9council relating to Indian burial sites, 13.10including activities relating to unfunded 13.11federal mandates.13.12    Sec. 30. PROBLEM GAMBLING APPROPRIATION.13.13    $225,000 in fiscal year 2010 and $225,000 in fiscal year 2011 are appropriated from 13.14the lottery prize fund to the Gambling Control Board for a grant to the state affiliate 13.15recognized by the National Council on Problem Gambling. The affiliate must provide 13.16services to increase public awareness of problem gambling, education and training for 13.17individuals and organizations providing effective treatment services to problem gamblers 13.18and their families, and research relating to problem gambling. These services must be 13.19complimentary to and not duplicative of the services provided through the problem 13.20gambling program administered by the commissioner of human services. Of this 13.21appropriation, $50,000 in fiscal year 2010 and $50,000 in fiscal year 2011 are contingent 13.22on the contribution of nonstate matching funds. Matching funds may be either cash or 13.23qualifying in-kind contributions. The commissioner of finance may disburse the state 13.24portion of the matching funds in increments of $25,000 upon receipt of a commitment for 13.25an equal amount of matching nonstate funds. These are onetime appropriations.13.26    Sec. 31. MANAGERIAL POSITION REDUCTIONS.13.27The governor must reduce the number of deputy commissioners, assistant 13.28commissioners, and positions designated as unclassified under authority of Minnesota 13.29Statutes, section 43A.08, subdivision 1a, by an amount that will generate savings to the 13.30general fund of $16,488,000 in the biennium ending June 30, 2011, and $16,488,000 in 13.31the biennium ending June 30, 2013. The commissioner of finance shall determine the 14.1costs of salaries and benefits attributable to the positions eliminated by this section, and 14.2reduce the appropriation to each affected agency accordingly.14.3ARTICLE 214.4STATE GOVERNMENT OPERATIONS14.5    Section 1. [3.057] ENTERPRISE SERVICES AND GOVERNMENT 14.6EFFICIENCY.14.7The finance committee divisions in the house of representatives and the senate 14.8with jurisdiction over state government finance issues must be known as the "Enterprise 14.9Services and Government Efficiency Finance Divisions," and must conduct periodic 14.10Kaizen events to ensure that the divisions operate in a LEAN manner.14.11    Sec. 2. [3.091] REDUCED CARBON FOOTPRINT; TELECOMMUTING.14.12To reduce the carbon footprint associated with travel to work by legislative 14.13employees, each legislative appointing authority must offer each legislative employee:14.14(1) the option to telecommute from home for up to 20 percent of the work days during 14.15the portion of the year that the legislature is not meeting in a regular or special session; or14.16(2) the option to work four ten-hour days each week, or a similar schedule that will 14.17reduce commuting to work by 20 percent, during the portion of the year that the legislature 14.18is not meeting in a regular or special session.14.19EFFECTIVE DATE.This section is effective the day following final enactment.14.20    Sec. 3. Minnesota Statutes 2008, section 3.97, is amended by adding a subdivision to 14.21read:14.22    Subd. 2a.Review of financial management and internal controls.The 14.23commission shall monitor internal control systems in state government to the extent 14.24necessary to ensure that management has established and implemented effective systems 14.25and procedures. The commission shall also review legislative auditor audits and reports 14.26and make recommendations, as the commission determines necessary, for improvements 14.27in the state's system of financial management. In furtherance of these duties, the 14.28commission shall:14.29(1) receive reports and recommendations from the legislative auditor, the financial 14.30controls council, and from internal auditors in state agencies;15.1(2) review significant findings and recommendations from the legislative auditor's 15.2financial audits of state agencies and from agency internal auditors, together with state 15.3agency management's responses and action plans;15.4(3) review the scope of annual audit plans for the state's internal audit function;15.5(4) review the qualifications, performance, and objectivity of the state's internal audit 15.6function, including the activities of the commissioner in section 16A.056;15.7(5) review with the legislative auditor any audit problems or difficulties and 15.8management's responses, any difficulties the auditor encountered during the course of 15.9the audit work, including any restrictions on the scope of the auditor's activities or on 15.10access to requested information, and any significant disagreements between the auditor 15.11and management;15.12(6) make recommendations to the governor and the legislature for changes in laws or 15.13policies necessary to deal with agencies that have not satisfactorily addressed repeated 15.14problems with financial controls;15.15(7) make recommendations to the governor and the legislature for changes needed in 15.16state laws, policies, procedures, or personnel, to ensure an effective system of internal 15.17controls that safeguards public funds and assets and minimizes incidences of fraud, waste, 15.18and abuse;15.19(8) conduct hearings as necessary regarding the effectiveness of internal control or 15.20internal audit functions of any state agency; and15.21(9) contract with outside auditors as the commission determines is beneficial for the 15.22state's internal audit function and internal controls.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 that a state official or employee has 16.7used money for a purpose other than the purpose for which the money was appropriated 16.8or discloses any other 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.16.13EFFECTIVE DATE.This section is effective the day following final enactment.16.14    Sec. 6. [4.041] GOVERNOR'S OFFICE BUDGET.16.15Any personnel costs attributable to the office of the governor and the lieutenant 16.16governor must be accounted for through an appropriation to the office of the governor. 16.17The office of the governor and the lieutenant governor may not enter into agreements with 16.18other executive branch agencies under which these personnel costs are supported by 16.19appropriations to other agencies.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; and17.27(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(e) The state demographer shall release a demographic forecast in conjunction with 18.5the commissioner of finance and the November state economic forecast.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; and18.21(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 as a nondedicated receipt.19.4    Sec. 9. Minnesota Statutes 2008, section 10.43, is amended to read:19.510.43 TELEPHONE USE; APPROVAL.19.6(a) 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. This signature requirement 19.9does not apply to a month in which the person's long-distance phone bill paid by the 19.10state is less than $5.19.11(b) Even if the monthly long-distance phone bill paid by the state for a person 19.12subject to this section is less than $5, the person is responsible for paying that portion of 19.13the bill that does not relate to state business. As provided in section 10.46, long-distance 19.14telephone bills paid by the state are public data, regardless of the amount of the bills.19.15EFFECTIVE DATE.This section is effective for telephone bills for usage on or 19.16after July 1, 2009.19.17    Sec. 10. [10.49] NAMING.19.18    Laws must not be named for living people, and laws may not name councils, 19.19buildings, roads, or other facilities or entities after living people.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 publicationpublications must be to provide information about the duties and jurisdiction 19.23of a state agency or political subdivision or and 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    Subd. 2a.Contact information.The home page of a Web site maintained by 19.29a state agency must prominently display an e-mail address at which the agency may be 19.30contacted and a telephone number that will be answered by a human being to the greatest 20.1extent possible, located in Minnesota, during normal business hours. A state agency must 20.2comply with the requirements of this subdivision with existing resources.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, money managers, and brokerage 20.32organizations and the amount of these commissions or other fees. The report must contain 20.33financial statements for funds managed by the board prepared in accordance with generally 20.34accepted accounting principles. The report must include an executive summary;21.1(9) include on the state board's Web site its annual and quarterly reports, including 21.2executive summaries;21.3(9) (10) 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) (11) receive and expend legislative appropriations; and21.7(11) (12) 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 FINANCE DATA.21.11(a) Notes and preliminary drafts of reports created, collected, or maintained by the 21.12Management Analysis Division, Department of Administration finance, 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 21.17administrationfinance 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; and21.23(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. [15B.055] PARKING SPACES.21.28To provide the public with greater access to legislative proceedings, all parking 21.29spaces on Aurora Avenue in front of the Capitol building must be reserved for the public.21.30    Sec. 16. [15C.01] DEFINITIONS.21.31    Subdivision 1.Scope.For purposes of this chapter, the terms in this section have 21.32the meanings given them.22.1    Subd. 2.Claim."Claim" includes any request or demand, whether under a contract 22.2or otherwise, for money or property which is made to a contractor, grantee, or other 22.3recipient if the state has provided or will provide any portion of the money or property 22.4which is requested or demanded, or if the state has reimbursed or will reimburse the 22.5contractor, grantee, or other recipient for any portion of the money or property which is 22.6requested or demanded.22.7    Subd. 3.Knowing and knowingly."Knowing" and "knowingly" mean that a 22.8person, with respect to information:22.9    (1) has actual knowledge of the information;22.10(2) acts in deliberate ignorance of the truth or falsity of the information; or22.11    (3) acts in reckless disregard of the truth or falsity of the information.22.12No proof of specific intent to defraud is required.22.13    Subd. 4.Original source."Original source" means a person who has direct and 22.14independent knowledge of information which is probative of any essential element of the 22.15allegations in an action brought pursuant to this section which was not obtained from a 22.16public source and who either voluntarily provided the information to the state before 22.17bringing an action based on the information or whose information provided the basis for 22.18or caused an investigation, hearing, audit, or report that led to the public disclosure of the 22.19allegations or transactions upon which an action brought pursuant to this section is based.22.20    Subd. 5.Person."Person" means any natural person, partnership, corporation, 22.21association or other legal entity, including the state and any department, agency, or 22.22political subdivision of the state.22.23    Subd. 6.State."State" means the state of Minnesota and includes any department, 22.24agency, or political subdivision of the state.22.25    Sec. 17. [15C.02] LIABILITY FOR CERTAIN ACTS.22.26    Subdivision 1.Liability.(a) Any person who commits any of the acts in clauses (1) 22.27to (7) is liable to the state for a civil penalty of not less than $5,000 and not more than 22.28$10,000 per false claim, plus three times the amount of damages which the state sustains 22.29because of the act of that person, except as otherwise provided in paragraph (b):22.30    (1) knowingly presents, or causes to be presented, to an officer or employee of the 22.31state of Minnesota a false or fraudulent claim for payment or approval;22.32    (2) knowingly makes or uses, or causes to be made or used, a false record or 22.33statement to get a false or fraudulent claim paid or approved by the state;23.1    (3) knowingly conspires to either present a false or fraudulent claim to the state for 23.2payment or approval or make, use, or cause to be made or used a false record or statement 23.3to obtain payment or approval of a false or fraudulent claim;23.4    (4) has possession, custody, or control of public property or money used, or to be 23.5used, by the state and knowingly delivers or causes to be delivered to the state less money 23.6or property than the amount for which the person receives a receipt;23.7    (5) is authorized to prepare or deliver a receipt for money or property used, or to 23.8be used, by the state and knowingly prepares or delivers a receipt that falsely represents 23.9the money or property;23.10    (6) knowingly buys, or receives as a pledge of an obligation or debt, public property 23.11from an officer or employee of the state who lawfully may not sell or pledge the property; 23.12or23.13    (7) knowingly makes or uses, or causes to be made or used, a false record or 23.14statement to conceal, avoid, or decrease an obligation to pay or transmit money or 23.15property to the state.23.16    (b) The court may assess not less than two times the amount of damages which the 23.17state sustains because of the act of the person if:23.18    (1) the person committing a violation under paragraph (a) furnished officials of the 23.19state responsible for investigating the false claims violations with all information known 23.20to the person about the violation within 30 days after the date on which the defendant first 23.21obtained the information;23.22    (2) the person fully cooperated with any state investigation of the violation; and 23.23    (3) at the time the person furnished the state with information about the violation, 23.24no criminal prosecution, civil action, or administrative action had commenced under this 23.25section with respect to the violation, and the person did not have actual knowledge of the 23.26existence of an investigation into the violation.23.27    (c) A person violating this section is also liable to the state for the costs of a civil 23.28action brought to recover any penalty or damages.23.29    Subd. 2.Right to cure.A person is not liable under this section for mere 23.30inadvertence or mistake with respect to activities involving a false or fraudulent claim.23.31    Sec. 18. [15C.03] EXCLUSION.23.32    This chapter does not apply to claims, records, or statements made under portions 23.33of Minnesota Statutes relating to taxation.23.34    Sec. 19. [15C.04] RESPONSIBILITIES OF ATTORNEY GENERAL.24.1    The attorney general may investigate violations of section 15C.02. If the attorney 24.2general finds that a person has violated or is violating section 15C.02, the attorney general 24.3may bring a civil action under this section against the person to enjoin any act in violation 24.4of section 15C.02 and to recover damages and penalties.24.5    Sec. 20. [15C.05] PRIVATE REMEDIES; COMPLAINT UNDER SEAL; COPY 24.6OF COMPLAINT AND WRITTEN DISCLOSURE OF EVIDENCE TO BE SENT 24.7TO ATTORNEY GENERAL.24.8    (a) Except as otherwise provided in this section, a person may maintain an action 24.9pursuant to this section on the person's own account and that of the state if money, 24.10property, or services provided by the state are involved; the person's own account and 24.11that of a political subdivision if money, property, or services provided by the political 24.12subdivision are involved; or on the person's own account and that of both the state and a 24.13political subdivision if both are involved. After such an action is commenced, it may be 24.14voluntarily dismissed only if the court and the attorney general give written consent to the 24.15dismissal and their reasons for consenting.24.16    (b) If an action is brought pursuant to this section, no other person may bring 24.17another action pursuant to this section based on the same facts which are the subject of 24.18the pending action.24.19    (c) An action may not be maintained by a person pursuant to this section:24.20(1) against the legislature, the judiciary, an executive department of the state, or a 24.21political subdivision, and their members or employees;24.22    (2) if the action is based upon allegations or transactions that are the subject of a 24.23civil action or an administrative proceeding for a monetary penalty to which the state or a 24.24political subdivision of the state is already a party; or 24.25    (3) unless the action is brought by an original source of the information or the 24.26attorney general initiates or intervenes in the action, if the action is based upon the public 24.27disclosure of allegations or transactions: (i) in a criminal, civil, or administrative hearing; 24.28(ii) in an investigation, report, hearing, or audit conducted by or at the request of the house 24.29of representatives or the senate; (iii) by an auditor or the governing body of a political 24.30subdivision; or (iv) from the news media.24.31    (d) A complaint in an action pursuant to this section must be commenced by filing 24.32the complaint with the court in camera, and the court must place it under seal for at least 24.3360 days. No service may be made upon the defendant until the complaint is unsealed.24.34    (e) If a complaint is filed under this section, the plaintiff shall serve a copy of the 24.35complaint on the attorney general in accordance with the Minnesota Rules of Civil 25.1Procedure and shall also serve at the same time a written disclosure of substantially all 25.2material evidence and information the plaintiff possesses.25.3    Sec. 21. [15C.06] ATTORNEY GENERAL INTERVENTION; MOTION TO 25.4EXTEND TIME; UNSEALING OF COMPLAINT.25.5    (a) Within 60 days after receiving a complaint and disclosure pursuant to section 25.615C.05, the attorney general shall intervene or decline intervention or, for good cause 25.7shown, move the court to extend the time for doing so. The motion may be supported by 25.8affidavits or other submissions in chambers.25.9    (b) The complaint must be unsealed after the attorney general decides whether 25.10or not to intervene.25.11    (c) Notwithstanding the attorney general's decision regarding intervention in an 25.12action brought by a plaintiff under section 15C.05, the attorney general may pursue the 25.13claim through any alternate remedy available to the state, including any administrative 25.14proceeding to determine a civil money penalty. If the attorney general pursues any such 25.15alternate remedy in another proceeding, the person initiating the action has the same rights 25.16in that proceeding as if the action had continued under section 15C.05. Any finding of fact 25.17or conclusion of law made in the other proceeding that has become final is conclusive on 25.18all parties to an action under section 15C.05. For purposes of this paragraph, a finding 25.19or conclusion is final if it has been finally determined on appeal to the appropriate state 25.20court, if the time for filing an appeal has expired, or if the finding or conclusion is not 25.21subject to judicial review.25.22    Sec. 22. [15C.07] SERVICE OF UNSEALED COMPLAINT AND RESPONSE 25.23BY DEFENDANT.25.24    When unsealed, the complaint shall be served on the defendant pursuant to Rule 3 of 25.25the Minnesota Rules of Civil Procedure.25.26    The defendant must respond to the complaint within 20 days after it is served on 25.27the defendant.25.28    Sec. 23. [15C.08] ATTORNEY GENERAL AND PRIVATE PARTY ROLES.25.29    (a) Except as otherwise provided by this section, if the attorney general does not 25.30intervene at the outset in an action brought by a person pursuant to section 15C.05, the 25.31person has the same rights in conducting the action as the attorney general would have 25.32had. A copy of each pleading or other paper filed in the action, and a copy of the transcript 26.1of each deposition taken, must be mailed to the attorney general if the attorney general 26.2so requests and pays the cost of doing so.26.3    (b) If the attorney general elects not to intervene at the outset in the action, the 26.4attorney general may intervene subsequently, upon timely application and good cause 26.5shown. If the attorney general so intervenes, the attorney general subsequently has 26.6primary responsibility for conducting the action.26.7    (c) If the attorney general elects at the outset of the action to intervene, the attorney 26.8general has the primary responsibility for prosecuting the action. The person who initially 26.9brought the action remains a party, but the person's acts do not bind the attorney general.26.10    (d) Whether or not the attorney general intervenes in the action, the attorney general 26.11may move to dismiss the action for good cause. The person who brought the action must 26.12be notified of the filing of the motion and may oppose it and present evidence at the 26.13hearing. The attorney general may also settle the action. If the attorney general intends to 26.14settle the action, the attorney general shall notify the person who brought the action. The 26.15state may settle the action with the defendant notwithstanding the objections of the person 26.16initiating the action if the court determines, after a hearing, that the proposed settlement 26.17is fair, adequate, and reasonable under all the circumstances. Upon a showing of good 26.18cause, such a hearing may be held in camera.26.19    Sec. 24. [15C.09] STAY OF DISCOVERY; EXTENSION.26.20    (a) The court may stay discovery by a person who brought an action under section 26.2115C.05 for not more than 60 days if the attorney general shows that the proposed discovery 26.22would interfere with the investigation or prosecution of a civil or criminal matter arising 26.23out of the same facts, whether or not the attorney general participates in the action.26.24    (b) The court may extend the stay upon a further showing that the attorney general 26.25has pursued the civil or criminal investigation or proceeding with reasonable diligence and 26.26that the proposed discovery would interfere with its continuation.26.27    (c) Discovery may not be stayed for a total of more than six months over the 26.28objection of the person who brought the action, except for good cause shown by the 26.29attorney general.26.30    (d) A showing made pursuant to this section must be made in chambers.26.31    Sec. 25. [15C.10] COURT-IMPOSED LIMITATION UPON PARTICIPATION 26.32OF PRIVATE PLAINTIFF IN ACTION.26.33    Upon a showing by the attorney general in an action in which the attorney general 26.34has intervened that unrestricted participation by a person under this chapter would 27.1interfere with or unduly delay the conduct of the action, or would be repetitious, irrelevant, 27.2or solely for harassment, the court may limit the person's participation by, among other 27.3measures, limiting the number of witnesses, the length of the testimony of the witnesses, 27.4or the cross-examination of witnesses by the person.27.5    Sec. 26. [15C.11] LIMITATION OF ACTIONS; REMEDIES.27.6    (a) An action pursuant to this chapter may not be commenced more than three years 27.7after the date of discovery of the fraudulent activity by the attorney general or more than 27.8six years after the fraudulent activity occurred, whichever occurs last, but in no event more 27.9than ten years after the date on which the violation is committed.27.10    (b) A finding of guilt in a criminal proceeding charging false statement or fraud, 27.11whether upon a verdict of guilty or a plea of guilty or nolo contendere, stops the person 27.12found guilty from denying an essential element of that offense in an action pursuant to this 27.13chapter based upon the same transaction as the criminal proceeding.27.14(c) In any action under this chapter, the state and any qui tam plaintiff must prove 27.15all essential elements of the cause of action, including damages, by a preponderance of 27.16the evidence.27.17    Sec. 27. [15C.12] AWARD OF EXPENSES AND ATTORNEY FEES.27.18    If the attorney general or a person who brought an action under section 15C.0527.19prevails in or settles an action pursuant to this chapter, the court may authorize the person 27.20to recover reasonable costs, reasonable attorney fees, and the reasonable fees of expert 27.21consultants and expert witnesses. Those expenses must be awarded against the defendant, 27.22and may not be allowed against the state or a political subdivision. If the attorney general 27.23does not intervene in the action and the person bringing the action conducts the action, and 27.24if the defendant prevails in the action, the court shall award to the defendant reasonable 27.25expenses and attorney fees against the party or parties who participated in the action if 27.26it finds that the action was clearly frivolous or vexatious or brought in substantial part 27.27for harassment.27.28    Sec. 28. [15C.13] DISTRIBUTION TO PRIVATE PLAINTIFF IN CERTAIN 27.29ACTIONS.27.30    If the attorney general intervenes at the outset in an action brought by a person 27.31under section 15C.05, the person shall receive not less than 15 percent or more than 25 27.32percent of any recovery in proportion to the person's contribution to the conduct of the 27.33action. If the attorney general does not intervene in the action at the outset, the person is 28.1entitled to receive not less than 25 percent or more than 30 percent of any recovery of 28.2the civil penalty and damages, or settlement, as the court determines to be reasonable. 28.3For recoveries whose distribution is governed by federal code or rule, the basis for 28.4calculating the portion of the recovery the person is entitled to receive shall not include 28.5such amounts reserved for distribution to the federal government or designated in their 28.6use by such federal code or rule.28.7    Sec. 29. [15C.14] EMPLOYER RESTRICTIONS; LIABILITY.28.8    (a) An employer shall not adopt or enforce any rule or policy forbidding an employee 28.9to disclose information to the state, a political subdivision, or a law enforcement agency, 28.10or to act in furtherance of an action pursuant to this chapter, including investigation for 28.11bringing or testifying in such an action.28.12    (b) An employer shall not discharge, demote, suspend, threaten, harass, deny 28.13promotion to, or otherwise discriminate against an employee in the terms or conditions 28.14of employment because of lawful acts done by the employee on the employee's behalf 28.15or on behalf of others in disclosing information to the state, a political subdivision, or a 28.16law enforcement agency in furtherance of an action pursuant to this chapter, including 28.17investigation for bringing or testifying in such an action.28.18    (c) An employer who violates this section is liable to the affected employee in a civil 28.19action for damages and other relief, including reinstatement, twice the amount of lost 28.20compensation, interest on the lost compensation, any special damage sustained as a result 28.21of the discrimination, and punitive damages if appropriate. The employer is also liable for 28.22expenses recoverable pursuant to section 15C.12, including costs and attorney fees.28.23    Sec. 30. [16A.0115] NAME.28.24The commissioner of finance and the Department of Finance may not be identified 28.25by a title or name other than the title and name assigned by law. The Commissioner 28.26must ensure that the department's documents, publications, and Web site comply with 28.27this section.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; and29.7(6) provide to the state the expertise to ensure that all state funds are accounted for 29.8under generally accepted government accounting principles; and.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    Subd. 1a.Additional duties.The commissioner may assist state agencies by 29.17providing analytical, statistical, and organizational development services to state agencies 29.18in order to assist the agency to achieve the agency's mission and to operate efficiently 29.19and effectively.29.20    Sec. 33. [16A.056] WEB SITE WITH SEARCHABLE DATABASE ON STATE 29.21EXPENDITURES.29.22    Subdivision 1.Web database requirement.The commissioner, in consultation 29.23with the commissioners of administration and revenue, must maintain a Web site with 29.24a searchable database providing the public with information on state contracts, state 29.25appropriations, state expenditures, and state tax expenditures. For each data field identified 29.26in subdivisions 2 to 5, the searchable database must allow a user of the Web site to:29.27(1) perform a search using that field;29.28(2) sort by that field;29.29(3) obtain information grouped or aggregated by that field, where groups or subtotals 29.30are feasible; and29.31(4) view information in that field by each fiscal year or an aggregation of fiscal years.29.32    Subd. 2.Contracts.(a) The searchable database on the Web site must include 29.33at least the following data fields:29.34(1) the name of the entity receiving the contract;30.1(2) the name of the agency entering into the contract;30.2(3) an indication if the contract is for (i) goods; (ii) professional or technical services; 30.3(iii) services other than professional and technical services; or (iv) a grant; and30.4(4) the fund or funds from which the entity receiving the contract will be paid.30.5(b) For each contract, the database must also include:30.6(1) an address for each entity receiving a contract; and30.7(2) a brief statement of the purpose of the contract or grant.30.8(c) Information on a new contract or grant must be entered into the database within 30.930 days of the time the contract or grant is entered into.30.10(d) For purposes of this section, a "grant" is a contract between a state agency and 30.11a recipient, the primary purpose of which is to transfer cash or a thing of value to the 30.12recipient to support a public purpose. Grant does not include payments to units of local 30.13governments, payments to state employees, or payments made under laws providing for 30.14assistance to individuals.30.15    Subd. 3.Appropriations.The searchable database on the Web site must include 30.16at least the following data fields on state appropriations:30.17(1) the agency receiving the appropriation, or the name of the nonstate entity 30.18receiving the appropriation;30.19(2) the agency program, to the extent applicable;30.20(3) the agency activity, to the extent applicable;30.21(4) an item within an activity if applicable;30.22(5) the fund from which the appropriation is made; and30.23(6) the object of expenditure.30.24    Subd. 4.State expenditures.The searchable database on the Web site must include 30.25at least the following data fields on state expenditures:30.26(1) the agency making the expenditure, or the name of the nonstate entity making 30.27the appropriation;30.28(2) the agency program, to the extent applicable;30.29(3) the agency activity, to the extent applicable;30.30(4) an item within an activity if applicable;30.31(5) the fund from which the expenditure is made; and30.32(6) the object of expenditure.30.33    Subd. 5.Tax expenditures.The Web site must include a searchable database of 30.34state tax expenditures. For each fiscal year, the database must include data fields showing 30.35the estimated impact on state revenues of each tax expenditure item listed in the report 30.36prepared under section 270C.11.31.1    Subd. 6.Retention of data.The database required under this section must include 31.2information beginning with fiscal year 2010 funds and must retain data for at least ten 31.3years.31.4    Subd. 7.Consultation.The commissioner of finance must consult with the 31.5chairs of the house of representatives Ways and Means and senate Finance Committees 31.6before encumbering any funds appropriated on or after July 1, 2009, for the planning, 31.7development, and implementation of state accounting or procurement systems. No funds 31.8appropriated for these purposes may be spent unless the commissioner certifies that the 31.9systems will allow compliance with requirements of this section.31.10    Sec. 34. [16A.057] INTERNAL CONTROLS AND INTERNAL AUDITING.31.11    Subdivision 1.Establishment of system.The commissioner is responsible for 31.12the system of internal controls across the executive branch. The commissioner must 31.13coordinate the design, implementation, and maintenance of an effective system of internal 31.14controls and internal auditing for all executive agencies. The system must:31.15(1) safeguard public funds and assets and minimize incidences of fraud, waste, 31.16and abuse;31.17(2) ensure that programs are administered in compliance with federal and state 31.18laws and rules;31.19(3) require documentation of internal control procedures over financial management 31.20activities, provide for analysis of risks, and provide for periodic evaluation of control 31.21procedures to satisfy the commissioner that these procedures are adequately designed, 31.22properly implemented, and functioning effectively; and31.23(4) provide for periodic internal audit of major systems and controls, including 31.24accounting systems and controls; administrative systems and controls; and, in conjunction 31.25with the Office of Enterprise Technology, information and telecommunications technology 31.26systems and controls.31.27    Subd. 2.Standards.The commissioner must adopt internal control standards 31.28and policies that agencies must follow to meet the requirements of subdivision 1. These 31.29standards and policies may include separation of duties, safeguarding receipts, time entry, 31.30approval of travel, and other topics the commissioner determines are necessary to comply 31.31with subdivision 1.31.32    Subd. 3.Training and assistance.The commissioner shall coordinate training 31.33for accounting personnel and financial managers in state agencies on internal controls 31.34as necessary to ensure financial integrity in the state's financial transactions. The 32.1commissioner shall provide internal control support to agencies that the commissioner 32.2determines need this assistance.32.3    Subd. 4.Sharing internal audit resources.The commissioner must administer a 32.4program for sharing internal auditors among executive agencies that do not have their own 32.5internal auditors and for assembling interagency teams of internal auditors as necessary.32.6    Subd. 5.Monitoring Office of the Legislative Auditor audits.The commissioner 32.7must review audit reports from the Office of the Legislative Auditor and take appropriate 32.8steps to address internal control problems found in executive agencies.32.9    Subd. 6.Budget for internal controls.The commissioner of finance may require 32.10that each executive agency spend a specified percentage of its operating budget on internal 32.11control systems. The commissioner of finance may require that an agency transfer a 32.12portion of its operating budget to the commissioner to pay for internal control functions 32.13performed by the commissioner.32.14    Subd. 7.Annual report. The commissioner must report to the legislature and the 32.15governor by January 31 of each odd-numbered year on the system of internal controls 32.16and internal auditing in executive agencies.32.17    Subd. 8.Agency head responsibilities.The head of each executive agency is 32.18responsible for designing, implementing, and maintaining an effective internal control 32.19system within the agency that complies with the requirements of subdivision 1, clauses (1) 32.20to (4). The head of each executive agency must annually certify that the agency head has 32.21reviewed the agency's internal control systems, and that these systems are in compliance 32.22with standards and policies established by the commissioner. The agency head must 32.23submit the signed certification form to the commissioner of finance, in a form specified by 32.24the commissioner.32.25    Subd. 9.State colleges and universities.This section does not apply to the 32.26Minnesota state colleges and universities system.32.27    Sec. 35. [16A.058] FINANCIAL CONTROLS COUNCIL.32.28    Subdivision 1.Membership.The executive council shall appoint a five-member 32.29financial controls council. Members must have public or private sector experience in 32.30internal control issues. The council shall annually elect a chair and vice-chair from 32.31among its members.32.32    Subd. 2.Duties.(a) The council shall advise the commissioner of finance, the 32.33governor, the Legislative Audit Commission, and the legislature on the system of internal 32.34controls for executive agencies. In performing this duty, the council shall:33.1(1) review audits and other reports of the Office of the Legislative Auditor and 33.2from internal auditors in executive agencies;33.3(2) review the state's system of internal controls and make recommendations for 33.4changes in practices of specific executive agencies or on general changes needed in state 33.5laws, procedures, or policies;33.6(3) recommend guidelines and best practices to produce an effective system of 33.7internal controls;33.8(4) recommend the number of internal audit employees required for executive 33.9agencies, individually and in total; and33.10(5) review and comment on the performance of the commissioner of finance in 33.11carrying out duties under section 16A.057.33.12(b) The council may:33.13(1) require reports from any executive agency relative to an internal control or 33.14an internal audit matter;33.15(2) receive and review reports from internal auditors in executive agencies;33.16(3) conduct hearings relative to attempts to interfere with, compromise, or intimidate 33.17an internal auditor; and33.18(4) conduct hearings on the effectiveness of internal control or internal audit 33.19functions within an executive agency.33.20    Subd. 3.Terms; compensation; removal; vacancies; expiration.The membership 33.21terms, compensation, removal of members, and filling of vacancies shall be as provided in 33.22section 15.059, except that council members shall not receive a per diem. The council is 33.23not subject to the expiration date provisions of section 15.059.33.24    Subd. 4.Administrative support.The commissioner of finance shall provide 33.25administrative support to the council upon request of its chair.33.26    Subd. 5.MnSCU.The Minnesota State Colleges and Universities system is not an 33.27executive agency for purposes of this section.33.28    Sec. 36. Minnesota Statutes 2008, section 16A.11, is amended by adding a subdivision 33.29to read:33.30    Subd. 3d.Information technology budget proposals.A proposal in the detailed 33.31budget documents for a new investment in information technology systems or equipment 33.32costing $100,000 or more must request that money for the system or equipment be 33.33appropriated to the Office of Enterprise Technology.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. Funds subject to this subdivision include, but are 34.3not limited to, the revolving funds established in sections 4A.05; 14.46; 14.53; 16B.48; 34.416B.54; 16B.58; 16B.85; 16C.03, subdivision 11; 16E.14; 43A.55; and 176.591; and the 34.5fund established in section 43A.30.34.6    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 must, 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 organizations 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 179A.06, only the 34.16Minnesota Benefit Association and one organization, as defined under section 179A.06, 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(a) No official or head of any state department in the executive, 34.21legislative, or judicial branches, or any employee thereof of a state department in those 34.22branches, tomay intentionally use moneys money appropriated by law, or fees collected 34.23knowing that the use is for any other a purpose other than the purpose for which the 34.24moneys have beenmoney was appropriated, and any such act by any. Unless a greater 34.25penalty is specified elsewhere in law, a person who violates this paragraph is guilty of a 34.26gross misdemeanor.34.27(b) A violation of paragraph (a) by a 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. A criminal conviction under paragraph (a) is not a 34.30prerequisite for removal. This paragraph does not apply to a judge, a constitutional officer, 34.31or a legislator, except as potential grounds for expulsion, impeachment, or recall in the 34.32manner specified in article IV, section 7, and article VIII of the Minnesota Constitution.35.1EFFECTIVE DATE.This section is effective August 1, 2009, and applies to crimes 35.2committed on or after that date.35.3    Sec. 40. [16A.1391] BEST PRACTICES FOR INVESTIGATIONS.35.4The commissioner of finance must develop and make available to appointing 35.5authorities in the executive, legislative, and judicial branches a best practices policy for 35.6conducting investigations in which the appointing authority compels its employees to 35.7answer questions about allegedly inappropriate activity. The best practices policy must 35.8be designed to facilitate effective investigations, without compromising the ability to 35.9prosecute criminal cases when appropriate. Each appointing authority must follow the 35.10best practices policy or, in consultation with the attorney general, must develop its own 35.11policy for conducting these investigations.35.12EFFECTIVE DATE.This section is effective the day following final enactment.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 $750,000.35.32EFFECTIVE DATE.This section is effective August 1, 2009, and applies to 35.33actions commenced on or after that date.36.1    Sec. 42. Minnesota Statutes 2008, section 16A.152, is amended by adding a 36.2subdivision to read:36.3    Subd. 8.Report on budget reserve percentage.(a) The commissioner of finance 36.4must periodically review the formula developed as part of the Budget Trends Study 36.5Commission authorized by Laws 2007, chapter 148, article 2, section 81, to estimate 36.6the percentage of the preceding biennium's general fund expenditures and transfers 36.7recommended as a budget reserve.36.8    (b) The commissioner must annually review the variables and coefficients in the 36.9formula used to model the base of the general fund taxes and the mix of taxes that provide 36.10revenues to the general fund. If the commissioner determines that the variables and 36.11coefficients have changed enough to result in a change in the percentage of the preceding 36.12biennium's general fund expenditures and transfers recommended as a budget reserve, 36.13the commissioner must update the variables and coefficients in the formula to reflect the 36.14current base and mix of general fund taxes.36.15    (c) Every ten years, the commissioner must review the methodology underlying the 36.16formula, taking into consideration relevant economic literature from the past ten years, and 36.17determine if the formula remains adequate as a tool for estimating the percentage of the 36.18preceding biennium's general fund expenditures and transfers recommended as a budget 36.19reserve. If the commissioner determines that the methodology underlying the formula is 36.20outdated, the commissioner must revise the formula.36.21    (d) By January 15 of each year, the commissioner must report to the chairs of the 36.22house of representatives Committee on Ways and Means and the senate Committee on 36.23Finance, in compliance with sections 3.195 and 3.197, on the percentage of the preceding 36.24biennium's general fund expenditures and transfers recommended as a budget reserve. 36.25The report must specify:36.26    (1) if the commissioner updated the variables and coefficients in the formula to 36.27reflect significant changes to either the base of one or more general fund taxes or to the 36.28mix of taxes that provide revenues to the general fund as provided in paragraph (b);36.29    (2) if the commissioner revised the formula after determining the methodology was 36.30outdated as provided in paragraph (c); and36.31    (3) if the percentage of the preceding biennium's general fund expenditures and 36.32transfers recommended as a budget reserve has changed as a result of an update of or a 36.33revision to the formula.36.34EFFECTIVE DATE.This section is effective the day following final enactment.37.1    Sec. 43. [16A.81] TECHNOLOGY DEVELOPMENT LEASE-PURCHASE 37.2FINANCING.37.3    Subdivision 1.Definitions.The following definitions apply to this section.37.4(a) "Technology system project" means the development, acquisition, installation, 37.5and implementation of a technology system that is essential to state operations and is 37.6expected to have a long useful life.37.7(b) "Lease-purchase agreement" means an agreement for the lease and installment 37.8purchase of a technology system project, or a portion of the project, between the 37.9commissioner, on behalf of the state, and a vendor or a third-party financing source.37.10(c) "Technology development lease-purchase guidelines" means policies, procedures, 37.11and requirements established by the commissioner for technology system projects that are 37.12financed pursuant to a lease-purchase agreement.37.13    Subd. 2.Lease-purchase financing.The commissioner may enter into a 37.14lease-purchase agreement in an amount sufficient to fund a technology system project and 37.15authorize the public or private sale and issuance of certificates of participation, provided 37.16that:37.17(1) the technology system project has been authorized by law to be funded pursuant 37.18to a lease-purchase agreement;37.19(2) the term of the lease-purchase agreement and the related certificates of 37.20participation shall not exceed the lesser of the expected useful life of the technology 37.21system project financed by the lease-purchase agreement and the certificates or ten years 37.22from the date of issuance of the lease-purchase agreement and the certificates;37.23(3) the principal amount of the lease-purchase agreement and the certificates is 37.24sufficient to provide for the costs of issuance, capitalized interest, credit enhancement, or 37.25reserves, if any, as required under the lease-purchase agreement;37.26(4) funds sufficient for payment of lease obligations have been committed in the 37.27authorizing legislation for the technology system project for the fiscal year during which 37.28the lease-purchase agreement is entered into; provided that no lease-purchase agreement 37.29shall obligate the state to appropriate funds sufficient to make lease payments due under 37.30such agreement in any future fiscal year; and37.31(5) planned expenditures for the technology system project are permitted within the 37.32technology development lease-purchase guidelines.37.33    Subd. 3.Covenants.The commissioner may covenant in a lease-purchase 37.34agreement that the state will abide by the terms and provisions that are customary in 37.35lease-purchase financing transactions, including but not limited to, covenants providing 37.36that the state:38.1(1) will maintain insurance as required under the terms of the lease-purchase 38.2agreement;38.3(2) is responsible to the lessor for any public liability or property damage claims or 38.4costs related to the selection, use, or maintenance of the technology system project, to the 38.5extent of insurance or self-insurance maintained by the state, and for costs and expenses 38.6incurred by the lessor as a result of any default by the state; or38.7(3) authorizes the lessor to exercise the rights of a secured party with respect to 38.8the technology system project or any portion of the project in the event of default or 38.9nonappropriation of funds by the state, and for the present recovery of lease payments 38.10due during the current term of the lease-purchase agreement as liquidated damages in 38.11the event of default.38.12    Subd. 4.Credit and appropriation of proceeds.Proceeds of the lease-purchase 38.13agreement and certificates of participation must be credited to a technology lease project 38.14fund in the state treasury. Net income from investment of the proceeds, as estimated by 38.15the commissioner, must be credited to the appropriate accounts in the technology lease 38.16project fund. Funds in the technology lease project fund are appropriated for the purposes 38.17described in the authorizing law for each technology development project and this section.38.18    Subd. 5.Transfer of funds.Before the lease-purchase proceeds are received in the 38.19technology lease project fund, the commissioner may transfer to that fund from the general 38.20fund amounts not exceeding the expected proceeds from the lease-purchase agreement 38.21and certificates of participation. The commissioner shall return these amounts to the 38.22general fund by transferring proceeds when received. The amounts of these transfers are 38.23appropriated from the general fund and from the technology lease project fund.38.24    Subd. 6.Administrative expenses.Actual and necessary travel and subsistence 38.25expenses of employees and all other nonsalary expenses incidental to the sale, printing, 38.26execution, and delivery of the lease-purchase agreement and certificates of participation 38.27may be paid from the lease-purchase proceeds. The lease-purchase proceeds are 38.28appropriated for this purpose.38.29    Subd. 7.Treatment of technology lease project fund.Lease-purchase proceeds 38.30remaining in the technology lease project fund after the purposes for which the 38.31lease-purchase agreement was undertaken are accomplished or abandoned, as determined 38.32by the commissioner, must be transferred to the general fund.38.33    Subd. 8.Lease-purchase not public debt.A lease-purchase agreement does not 38.34constitute or create a general or moral obligation or indebtedness of the state in excess 38.35of the money from time to time appropriated or otherwise available for payments or 38.36obligations under such agreement. Payments due under a lease-purchase agreement during 39.1a current lease term for which money has been appropriated is a current expense of the 39.2state.39.3    Subd. 9.Refunding certificates.The commissioner from time to time may enter 39.4into a new lease-purchase agreement and issue and sell certificates of participation for the 39.5purpose of refunding any lease-purchase agreement and related certificates of participation 39.6then outstanding, including the payment of any redemption premiums, any interest accrued 39.7or that is to accrue to the redemption date, and costs related to the issuance and sale of such 39.8refunding certificates. The proceeds of any refunding certificates may, in the discretion of 39.9the commissioner, be applied to the purchase or payment at maturity of the certificates to 39.10be refunded, to the redemption of outstanding lease-purchase agreements and certificates 39.11on any redemption date, or to pay interest on the refunding lease-purchase agreements 39.12and certificates and may, pending such application, be placed in escrow to be applied to 39.13such purchase, payment, retirement, or redemption. Any escrowed proceeds, pending such 39.14use, may be invested and reinvested in obligations that are authorized investments under 39.15section 11A.24. The income earned or realized on any authorized investment may also be 39.16applied to the payment of the lease-purchase agreements and certificates to be refunded, 39.17interest or premiums on the refunded certificates, or to pay interest on the refunding 39.18lease-purchase agreements and certificates. After the terms of the escrow have been fully 39.19satisfied, any balance of proceeds and any investment income may be returned to the 39.20general fund, or if applicable, the technology lease project fund, for use in a lawful manner. 39.21All refunding lease-purchase agreements and certificates issued under the provisions of 39.22this subdivision must be prepared, executed, delivered, and secured by appropriations in 39.23the same manner as the lease-purchase agreements and certificates to be refunded.39.24EFFECTIVE DATE.This section is effective the day following final enactment.39.25    Sec. 44. [16A.82] TECHNOLOGY LEASE-PURCHASE APPROPRIATION.39.26$8,975,000 is appropriated annually from the general fund to the commissioner 39.27to make payments under a lease-purchase agreement as defined in section 16A.81 for 39.28replacement of the state's accounting and procurement systems, provided that the state is 39.29not obligated to continue such appropriation of funds or to make lease payments in any 39.30future fiscal year. Any unexpended portions of this appropriation cancel to the general 39.31fund at the close of each biennium. This section expires June 30, 2020.39.32EFFECTIVE DATE.This section is effective July 1, 2010.39.33    Sec. 45. [16A.90] E-VERIFY.40.1An employer using state funds or funds available under the American Recovery 40.2and Reinvestment Act of 2009 to hire new employees must use the E-Verify system to 40.3determine employment eligibility of new hires.40.4    Sec. 46. [16B.1225] LETTER-SIZED PAPER FOR DOCUMENTS.40.5State entities in the executive, legislative, and judicial branches must use standard 40.6letter-sized paper to print documents to the extent practical, and may not print documents 40.7on legal-sized paper unless this is the only possible size paper for a particular document.40.8    Sec. 47. Minnesota Statutes 2008, section 16B.24, is amended by adding a subdivision 40.9to read:40.10    Subd. 5b.Employee fitness and wellness facilities.An entity in the executive, 40.11legislative, or judicial branch may use space under its control to offer fitness, wellness, 40.12or similar classes or activities to its employees, and may allow persons conducting these 40.13classes or activities to charge employees a fee to participate. Revenue received by a public 40.14entity under this section is appropriated to the entity. This authorization applies to all state 40.15space, including property in the Capitol area, and other designated property as defined 40.16in rules adopted by the commissioner of public safety. Persons conducting these classes 40.17or activities, and participating employees, waive any and all claims of liability against 40.18the state for any damage or injury arising from the use of state space for employee fitness 40.19and wellness classes or similar classes or activities. Persons conducting these classes or 40.20activities agree to indemnify, save, and hold the state, its agents, and employees harmless 40.21from any claims or causes of action, including attorney fees incurred by the state that arise 40.22from these classes or activities.40.23    Sec. 48. Minnesota Statutes 2008, section 16B.24, is amended by adding a subdivision 40.24to read:40.25    Subd. 5c.Rulemaking.The commissioner of public safety must amend Minnesota 40.26Rules, part 7525.0400, and any other rules as necessary to conform with subdivision 5b. 40.27The commissioner may use the good cause exemption, under authority of Minnesota 40.28Statutes, section 14.388, subdivision 1, clause (3), to amend rules to conform with 40.29subdivision 5b.40.30    Sec. 49. [16B.242] ENTERPRISE REAL PROPERTY ACCOUNT.40.31The enterprise real property technology system and services account is created 40.32in the special revenue fund. Receipts credited to the account are appropriated to the 41.1commissioner of administration for the purpose of funding the personnel and technology 41.2to maintain the enterprise real property system and services.41.3    Sec. 50. [16B.2421] BIRD-SAFE BUILDINGS.41.4    Between March 15 and May 31 and between August 15 and October 31 each year, 41.5occupants of state-owned or state-leased buildings must attempt to reduce dangers posed 41.6to migrating birds by turning off building lights between midnight and dawn, to the extent 41.7turning off lights is consistent with the normal use of the buildings. The commissioner of 41.8administration may adopt policies to implement this requirement.41.9    Sec. 51. [16B.243] NAMING RIGHTS.41.10The commissioner of administration may enter into a contract to sell the naming 41.11rights to a state-owned building, or to meeting rooms within a state-owned building. This 41.12section does not apply to the State Capitol building, to the Minnesota Judicial Center, or 41.13the State Office Building.41.14    Sec. 52. [16B.276] COMPOSTABLE MATERIALS IN CAFETERIAS.41.15In entering into contracts for operation of cafeterias in the Capitol complex, the 41.16commissioner of administration must ensure, to the extent practicable and economical, that 41.17disposable utensils, plates and containers used in the cafeterias are made of a corn-based 41.18or other compostable material, and that used utensils, plates and containers are collected 41.19and processed in a manner such that they can be composted.41.20    Sec. 53. [16B.351] ADVERTISING.41.21The commissioner of administration may enter into a contract to sell advertising on 41.22temporary fences or other temporary barriers adjacent to construction or repair projects on 41.23state-owned buildings or grounds.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) (2) 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) (3) the Financial Institutions Division of the Department of Commerce;42.21(5) (4) the Division of Disease Prevention and Control of the Department of Health;42.22(6) (5) the State Lottery;42.23(7) (6) criminal investigators of the Department of Revenue;42.24(8) (7) state-owned community service facilities in the Department of Human 42.25Services;42.26(9) (8) the investigative staff of the Department of Employment and Economic 42.27Development;42.28(10) (9) the Office of the Attorney General; and42.29(11) (10) the investigative staff of the Gambling Control Board.42.30(e) The state may not provide a car for use of the lieutenant governor.42.31    Sec. 55. [16B.90] MILESTONES REPORT REQUIRED.42.32The commissioner of administration must establish a statewide system of economic 42.33(including tax implications), social, and environmental performance measures. The 42.34milestones must provide the economic (including tax implications), social, and 42.35environmental information necessary for public and elected officials to understand and 43.1evaluate the sustainability of the state's long-term trends. The commissioner must report 43.2on the trends and their implications each year. The commissioner may contract for the 43.3development of information and measures.43.4    Sec. 56. [16B.99] GEOSPATIAL INFORMATION OFFICE.43.5    Subdivision 1.Creation.The Minnesota Geospatial Information Office is created 43.6under the supervision of the commissioner of administration.43.7    Subd. 2.Responsibilities; authority.The office has authority to provide 43.8coordination, guidance, and leadership, and to plan the implementation of Minnesota's 43.9geospatial information technology. The office shall identify, coordinate, and guide 43.10strategic investments in geospatial information technology systems, data, and services to 43.11ensure effective implementation and use of Geospatial Information Systems (GIS) by state 43.12agencies to maximize benefits for state government as an enterprise.43.13    Subd. 3.Duties.(a) The office must:43.14(1) coordinate and guide the efficient and effective use of available federal, 43.15state, local, and public-private resources to develop statewide geospatial information 43.16technology, data, and services;43.17(2) provide leadership and outreach, and ensure cooperation and coordination for 43.18all GIS functions in state and local government, including coordination between state 43.19agencies, intergovernment coordination between state and local units of government, and 43.20extragovernment coordination, which includes coordination with academic and other 43.21private and nonprofit sector GIS stakeholders;43.22(3) review state agency and intergovernment geospatial technology, data, and 43.23services development efforts involving state or intergovernment funding, including federal 43.24funding;43.25(4) provide information to the legislature regarding projects reviewed, and 43.26recommend projects for inclusion in the governor's budget under section 16A.11; 43.27(5) coordinate management of geospatial technology, data, and services between 43.28state and local governments;43.29(6) provide coordination, leadership, and consultation to integrate government 43.30technology services with GIS infrastructure and GIS programs;43.31(7) work to avoid or eliminate unnecessary duplication of existing GIS technology 43.32services and systems, including services provided by other public and private organizations 43.33while building on existing governmental infrastructures;43.34(8) promote and coordinate consolidated geospatial technology, data, and services 43.35and shared geospatial Web services for state and local governments; and44.1(9) promote and coordinate geospatial technology training, technical guidance, and 44.2project support for state and local governments.44.3    Subd. 4.Duties of chief geospatial information officer.(a) In consultation with the 44.4state geospatial advisory council, the commissioner of administration, the commissioner 44.5of finance, and the Minnesota chief information officer, the chief geospatial information 44.6officer must identify when it is cost-effective for agencies to develop and use shared 44.7information and geospatial technology systems, data, and services. The chief geospatial 44.8information officer may require agencies to use shared information and geospatial 44.9technology systems, data, and services.44.10(b) The chief geospatial information officer, in consultation with the state 44.11geospatial advisory council, must establish reimbursement rates in cooperation with 44.12the commissioner of finance to bill agencies and other governmental entities sufficient 44.13to cover the actual development, operation, maintenance, and administrative costs of 44.14the shared systems. The methodology for billing may include the use of interagency 44.15agreements, or other means as allowed by law.44.16    Subd. 5.Fees.(a) The chief geospatial information officer must set fees under 44.17section 16A.1285 that reflect the actual cost of providing information products and 44.18services to clients. The fees must be approved by the commissioner of finance. Fees 44.19are not subject to rulemaking under chapter 14 and section 14.386 does not apply. Fees 44.20collected must be deposited in the state treasury and credited to the Minnesota Geospatial 44.21Information Office revolving account. Money in the account is appropriated to the chief 44.22geospatial information officer for providing GIS consulting services, software, data, Web 44.23services, and map products on a cost-recovery basis, including the cost of services, 44.24supplies, material, labor, and equipment as well as the portion of the general support 44.25costs and statewide indirect costs of the office that is attributable to the delivery of these 44.26products and services. Money in the account shall not be used for the general operation of 44.27the Minnesota Geospatial Information Office.44.28(b) The chief geospatial information officer may require a state agency to make 44.29an advance payment to the revolving fund sufficient to cover the agency's estimated 44.30obligation for a period of 60 days or more. If the revolving fund is abolished or liquidated, 44.31the total net profit from the operation of the fund must be distributed to the various funds 44.32from which purchases were made. For a given period of time, the amount of total net profit 44.33to be distributed to each fund shall reflect the same ratio of total purchases attributable to 44.34each fund divided by the total purchases from all funds.44.35    Subd. 6.Accountability.The chief geospatial information officer is appointed by 44.36the commissioner of administration and shall work closely with the Minnesota chief 45.1information officer who shall play an advisory role on technology projects, standards, 45.2and services.45.3    Subd. 7.Discretionary powers.The office may:45.4(1) enter into contracts for goods or services with public or private organizations 45.5and charge fees for services it provides; 45.6(2) apply for, receive, and expend money from public agencies;45.7(3) apply for, accept, and disburse grants and other aids from the federal government 45.8and other public or private sources;45.9(4) enter into contracts with agencies of the federal government, local government 45.10units, the University of Minnesota and other educational institutions, and private persons 45.11and other nongovernment organizations as necessary to perform its statutory duties;45.12(5) appoint committees and task forces to assist the office in carrying out its duties;45.13(6) sponsor and conduct conferences and studies, collect and disseminate 45.14information, and issue reports relating to geospatial information and technology issues;45.15(7) participate in the activities and conferences related to geospatial information 45.16and communications technology issues;45.17(8) review the GIS technology infrastructure of regions of the state and cooperate 45.18with and make recommendations to the governor, legislature, state agencies, local 45.19governments, local technology development agencies, the federal government, private 45.20businesses, and individuals for the realization of GIS information and technology 45.21infrastructure development potential;45.22(9) sponsor, support, and facilitate innovative and collaborative geospatial systems 45.23technology, data, and services projects; and45.24(10) review and recommend alternative sourcing strategies for state geospatial 45.25information systems technology, data, and services.45.26    Subd. 8.Geospatial advisory councils created.The chief geospatial information 45.27officer must establish a governance structure that includes advisory councils to obtain 45.28expert advice from stakeholders on issues focusing on improving the operations and 45.29management of geospatial technology within state government and also on issues of 45.30importance to users of geospatial technology throughout the state.45.31(a) A statewide geospatial advisory council must advise the Minnesota Geospatial 45.32Information Office about issues concerning the improvement of services statewide 45.33through the coordinated, affordable, reliable, and effective use of geospatial technology. 45.34Membership of the statewide council must include voting members selected to represent a 45.35cross section of organizations that include counties, cities, universities, business, nonprofit 45.36organizations, federal agencies, and state agencies. State agency membership must be 46.1limited to no more than 20 percent of the total voting membership. In addition, the chief 46.2geospatial information officer must be a nonvoting member.46.3(b) A state government geospatial advisory council must advise the Minnesota 46.4Geospatial Information Office on issues concerning improving state government services 46.5through the coordinated, affordable, reliable, and effective use of geospatial technology. 46.6Membership of the state government council must include voting members representing 46.7up to 15 state government agencies and constitutional offices, including the Office of 46.8Enterprise Technology and the Minnesota Geospatial Information Office and shall be 46.9chaired by the chief geographic information officer. A representative of the statewide 46.10geospatial advisory council must serve as a nonvoting member.46.11(c) Members of both the statewide geospatial advisory council and the state 46.12government advisory council must be recommended by a process that ensures that each 46.13member is designated to represent a clearly identified agency or stakeholder category 46.14and that complies with the state's open appointment process. Appointments must be 46.15made by the commissioner of administration for a period of two years. Members serve 46.16at the pleasure of the commissioner. Members must be reimbursed for expenses in the 46.17manner specified in section 15.059, but do not receive per diem under that section. The 46.18advisory councils expire June 30, 2013.46.19(d) The Minnesota Geospatial Information Office must provide administrative 46.20support for both geospatial advisory councils.46.21    Subd. 9.Report to legislature.By January 15, 2010, the chief geospatial 46.22information officer must provide a report to the appropriate chairs of the state government 46.23committees of the legislature that addresses all statutes that refer to the land management 46.24information center or land management information system and makes a recommendation 46.25about whether they should be continued, amended, or repealed.46.26EFFECTIVE DATE.This section is effective July 1, 2009.46.27    Sec. 57. [16C.046] INELIGIBILITY.46.28A person is not eligible to  be awarded a contract, or sell any goods or services to 46.29an agency if the person has been convicted of a crime for knowingly employing illegal 46.30aliens in the United States. The person remains ineligible for five years from the date of 46.31the conviction. This section applies to the Minnesota State Colleges and Universities. 46.32For purposes of this section, "person" means a natural person or a business. A business 46.33is ineligible under this section if a natural person who owns more than one-half of the 46.34business is convicted of a crime specified in this section. The commissioner may waive 47.1application of this section if the commissioner determines that waiver is in the best 47.2interests of the state.47.3EFFECTIVE DATE.This section is effective July 1, 2009, and applies to 47.4solicitations sent and contracts entered into on and after that date. 47.5    Sec. 58. [16E.22] STATEWIDE ELECTRONIC LICENSING SYSTEM.47.6    Subdivision 1.Account established; appropriation.The statewide electronic 47.7licensing account is created in the special revenue fund. Receipts credited to the account 47.8are appropriated to the state chief information officer for completion of the Minnesota 47.9electronic licensing system, for transferring licensing agencies to the system, and for 47.10operation and maintenance of the system during the completion and transfer period.47.11    Subd. 2.Requirements.The transfer of an existing electronic licensing system 47.12to the Minnesota electronic licensing system may not reduce the critical functionality 47.13provided by the existing system.47.14    Subd. 3.Temporary licensing surcharge.(a) Executive branch state agencies shall 47.15collect a temporary surcharge of ten percent of the licensing fee, but no less than $5 and no 47.16more than $150 on each business, commercial, professional, or occupational license that: 47.17(1) requires a fee; and47.18(2) will be transferred to the Minnesota electronic licensing system, as determined 47.19by the state chief information officer.47.20The surcharge applies to initial license applications and license renewals. Each agency 47.21that issues a license subject to this subdivision shall collect the surcharge for the license 47.22for up to six years between July 1, 2009, and June 30, 2015, as directed by the state 47.23chief information officer. Receipts from the surcharge shall be deposited in the statewide 47.24licensing account established in subdivision 1. Department of Commerce licensees who 47.25are paying for an existing electronic licensing database system under section 45.24 must 47.26not be required to pay the surcharge under this section. The funds acquired under section 47.2745.24 must be used in part, as determined by the commissioner of commerce, to fund the 47.28statewide electronic licensing system under this section and the fee imposed on licensees 47.29who pay for the system under section 45.24 may not exceed the maximum fee allowed 47.30under that section.47.31(b) An agency may transfer an amount equivalent to the surcharge imposed under 47.32this section from existing license accounts in lieu of collecting the surcharge required 47.33under this section. If a transfer is made under this paragraph, the temporary surcharge 47.34required under paragraph (a) does not apply to the relevant license. Receipts from 48.1transfers received under this paragraph shall be deposited in the statewide licensing 48.2account established in subdivision 1.48.3    Subd. 4.Priority.In completing the statewide electronic licensing system, the 48.4chief information officer must give priority to the extent practical to licenses that are 48.5not currently issued electronically.48.6    Subd. 5.Contract authority.The state chief information officer may enter into 48.7a risk-share or phased agreement with a vendor to complete the Minnesota electronic 48.8licensing system and to transfer licensing agencies to the system, provided that the 48.9payment for the vendor's services under the agreement is limited to the revenue from the 48.10surcharge enacted under subdivision 2, after payment of state operating and maintenance 48.11costs. The agreement must clearly indicate that the state chief information officer may 48.12only expend amounts actually collected from the surcharge, after state operations and 48.13maintenance costs have been paid, in payment for the vendor's services and that the vendor 48.14assumes this risk when performing work under the contract. This section does not require 48.15the state chief information officer to pay the vendor the entire amount of the surcharge 48.16revenue that remains after payment of state operations and maintenance costs. Before 48.17entering into a contract under this subdivision, the state chief information officer must 48.18consult with the commissioner of finance regarding the implementation of the surcharge 48.19and the terms of the contract.48.20    Subd. 6.Unused funds.Money remaining in the statewide electronic licensing 48.21account after payment of all costs of completing the Minnesota electronic licensing 48.22system, transferring licensing agencies to the system, and operating and maintaining 48.23the system during the completion and transfer period is appropriated for the costs of 48.24operating and maintaining the Minnesota electronic licensing system after the system 48.25has been completed.48.26    Subd. 7.Priority.To the extent possible, in completing the Minnesota electronic 48.27licensing system, the state chief information officer must give priority to licenses that are 48.28not issued electronically. Licenses regulated by a health board under chapter 214 must not 48.29be transferred to the Minnesota electronic licensing system before July 1, 2011.48.30    Subd. 8.Expiration.This section expires on June 30, 2017.48.31    Sec. 59. Minnesota Statutes 2008, section 43A.02, is amended by adding a subdivision 48.32to read:48.33    Subd. 18a.Domestic partner."Domestic partner" means a person who has entered 48.34into a committed interdependent relationship with one other adult, where the partners:48.35(1) are responsible for each other's basic common welfare;49.1(2) share a common residence and intend to do so indefinitely;49.2(3) are not related by blood or adoption to an extent that would prohibit marriage in 49.3this state; and 49.4(4) are legally competent and qualified to enter into a contract.49.5For purposes of this subdivision, domestic partners may be considered to share a 49.6common residence, even if they do not each have a legal right to possess the residence or 49.7one or both domestic partners possess additional real property.49.8If one domestic partner temporarily leaves the common residence with the intention 49.9to return, the domestic partners continue to share a common residence for the purposes 49.10of this subdivision.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    (a) In addition to donations under section 
         43A.181, a state employee may donate 49.14a total of up to 12 40 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    (b) The recipient employee must receive donations, as available, for an illness 49.19or condition of the employee or a member of the employee's family that prevents the 49.20employee from working. The donations must be available without a waiting period as 49.21soon as the employee's sick and vacation leave is exhausted. Donations may be used for 49.22up to a total of 1,044 hours during the duration of eligible employment. Recipients must 49.23continue to accrue vacation and sick leave while they are on donation leave.49.24(c) An applicant for benefits under this section who receives an unfavorable 49.25determination may select a designee to consult with the commissioner or commissioner's 49.26designee on the reasons for the determination.49.27    (d) 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. [43A.184] SICK LEAVE FOR VETERANS WITH SERVICE-RELATED 49.31DISABILITIES.49.32On a form prescribed by the commissioner, a state employee who is a veteran with a 49.33service-related disability may apply to the employee's appointing authority for additional 49.34sick leave to receive treatment for the disability, as provided in this section. The employee 50.1must qualify as a veteran under section 197.447, and have a sick leave balance that is 50.2insufficient to receive treatment for the disability. If the appointing authority approves the 50.3request, the appointing authority shall authorize 40 hours of sick leave for the employee in 50.4the current fiscal year. The appointing authority may approve sick leave for an employee 50.5under this section one time in each fiscal year.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. If a 50.11collective bargaining agreement or plan provides state paid health insurance for spouses of 50.12employees, the insurance must be made available to a domestic partner of a state employee 50.13on the same terms and conditions.50.14EFFECTIVE DATE.This section is effective January 1, 2012.50.15    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 in each 50.20two-year period beginning July 1 of each odd-numbered year. 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 Retirement51.7applicable retirement Association system.51.8    Sec. 64. [43A.55] MANAGEMENT ANALYSIS REVOLVING FUND.51.9    Subdivision 1.Creation.The management analysis revolving fund is created in the 51.10state treasury.51.11    Subd. 2.Appropriation and use of funds.Money in the management analysis 51.12revolving fund is appropriated annually to the commissioner to provide analytical, 51.13statistical, and organizational development services to state agencies, local units of 51.14government, metropolitan and regional agencies, school districts, and other public entities 51.15in the state.51.16    Subd. 3.Reimbursements.Except as specifically provided otherwise, each 51.17agency shall reimburse the management analysis revolving fund for the cost of all 51.18services, supplies, materials, labor, and depreciation of equipment, including reasonable 51.19overhead costs, that the commissioner is authorized and directed to furnish an agency. 51.20The commissioner shall report the rates to be charged for the revolving fund no later than 51.21July 1 of each year to the chair of the committee or division of the senate or the house of 51.22representatives with primary jurisdiction over the budget of the Department of Finance.51.23    Subd. 4.Cash flow.The commissioner may make appropriate transfers to the 51.24revolving fund according to section 16A.126. The commissioner may make allotment 51.25and encumbrances in anticipation of these transfers. In addition, the commissioner may 51.26require an agency to make advance payments to the revolving fund sufficient to cover 51.27the office's estimated obligation for a period of at least 60 days. All reimbursements 51.28and other money received by the commissioner under this section must be deposited in 51.29the management analysis revolving fund.51.30    Subd. 5.Liquidation.If the management analysis revolving fund is abolished or 51.31liquidated, the total net profit from the operation of the fund must be distributed to the 51.32various funds from which purchases were made. For a given period of time, the amount of 51.33total net profit to be distributed to each fund shall reflect the same ratio of total purchases 51.34attributable to each fund divided by the total purchases from all funds.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 473.121.52.24(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. [116G.152] CRITICAL AREA.52.33The Metropolitan Council, in consultation with the Environmental Quality Board, 52.34shall consider for inclusion in the regional recreational open space system created in 52.35chapter 473 property adjacent to Main Street and southeast of 6th Avenue Southeast in the 53.1city of Minneapolis. The Council and the Environmental Quality Board shall report to the 53.2legislature by January 15, 2011, on the extent to which inclusion of the property in the 53.3open space system would support official plans for the area, including local comprehensive 53.4plans, regional park plans, and Mississippi River Critical Area standards. No rezoning, 53.5conditional use permit, or variance may be granted with respect to any property in the area 53.6described in this section until the legislature determines that the property is not suitable for 53.7inclusion in the regional recreational open space system.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 (a) Institutions within the Minnesota State 53.11Colleges and Universities system must 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 Minnesota. The list shallmust include each student's name and current address53.14as permitted by applicable privacy laws. The list shallmust be certified and sent to the 53.15appropriate county auditor or auditors secretary of state no earlier than 30 and no later than 53.1625 days prior to the November general election, in an electronic format specified by the 53.17secretary of state, for use in election day registration as provided under section 
         201.061, 53.18subdivision 3
         . The certification must be dated and signed by the chief officer or designee 53.19of the postsecondary educational institution, or for institutions within the Minnesota 53.20State Colleges and Universities system, by the chancellor, and must state that the list is 53.21current and accurate and includes only the names of currently enrolled students residing in 53.22Minnesota as of the date of certification. The secretary of state must combine the data 53.23received from each postsecondary educational institution under this subdivision and must 53.24process the data to locate the precinct in which the address provided for each student is 53.25located. If the data submitted by the postsecondary educational institution is insufficient 53.26for the secretary of state to locate the proper precinct, the associated student name must 53.27not appear in any list forwarded to a county auditor under this subdivision.53.28At least 14 days prior to the November general election, the secretary of state 53.29must forward to the appropriate county auditor lists of students containing the students' 53.30names and addresses for which precinct determinations have been made along with their 53.31postsecondary educational institutions. The list must be sorted by precinct and student 53.32last name and must be forwarded in an electronic format specified by the secretary of 53.33state or other mutually agreed upon medium, if a written agreement specifying the 53.34medium is signed by the secretary of state and the county auditor at least 90 days before 54.1the November general election. A written agreement is effective for all elections until 54.2rescinded by either the secretary of state or the county auditor.54.3(b) Other postsecondary institutions may provide lists as provided by this subdivision 54.4or as provided by the rules of the secretary of state. The University of Minnesota is 54.5requested to comply with this subdivision.54.6(c) 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. If the Web 54.15site maintained by the secretary of state provides a process for it, an individual who has 54.16a Minnesota driver's license, identification card, or learner's permit may register online. 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.17and certified to the county auditoror 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, and 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; and57.6(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?" and57.12"(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.57.22A paper voter registration application must include space for the voter's signature. 57.23Paper voter registration applications, other than those used for election day registration, 57.24must be of suitable size and weight for mailing.57.25    Sec. 71. Minnesota Statutes 2008, section 201.091, is amended by adding a subdivision 57.26to read:57.27    Subd. 5a.Registration confirmation to registered voter.The secretary of state 57.28must ensure that the secretary of state's Web site is capable of providing voter registration 57.29confirmation to a registered voter. An individual requesting registration confirmation of 57.30the individual's own registration must provide the individual's name, address, and date 57.31of birth. If the information provided by the individual completely matches an active 57.32voter record in the statewide voter registration system, the Web site must inform the 57.33individual that the individual is a registered voter and must provide the individual with the 57.34individual's polling place location. If the information provided by the individual does not 57.35completely match an active voter record in the statewide voter registration system, the 58.1Web site must inform the individual that a voter record with that name and date of birth at 58.2the address provided cannot be confirmed and the Web site must advise the individual to 58.3contact the county auditor for further information.58.4EFFECTIVE DATE.This section is not effective until the secretary of state has 58.5certified that the Web site has been tested, has been shown to properly retrieve information 58.6from the correct voter's record, and can handle the expected volume of use.58.7    Sec. 72. [270C.145] TECHNOLOGY LEASE-PURCHASE APPROPRIATION.58.8$2,117,000 is appropriated annually from the general fund to the commissioner 58.9to make payments under a lease-purchase agreement as defined in section 16A.81 for 58.10completing the purchase and development of an integrated tax software package; provided 58.11that the state is not obligated to continue the appropriation of funds or to make lease 58.12payments in any future fiscal year. Any unexpended portions of this appropriation cancel 58.13to the general fund at the close of each biennium. This section expires June 30, 2019.58.14    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 398.19, 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.(a) Municipalities may contract for the 58.26purchase of supplies, materials, or equipment by utilizing contracts that are available 58.27through the state's cooperative purchasing venture authorized by section 16C.11 whenever 58.28practicable and cost-effective.58.29(b) Unless required to utilize the state's cooperative purchasing venture under 58.30paragraph (a), 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    Subd. 20.Ineligibility.A person is not eligible to receive a solicitation, be awarded 59.6a contract, or sell any goods or services to a municipality if the person has been convicted 59.7of a crime for knowingly employing illegal aliens in the United States. The person 59.8remains ineligible for five years from the date of the conviction. For purposes of this 59.9section, "person" means a natural person or a business. A business is ineligible under this 59.10section if a natural person who owns more than one-half of the business is convicted of 59.11a crime specified in this section. 59.12EFFECTIVE DATE.This section is effective July 1, 2009, and applies to 59.13solicitations sent and contracts entered into on and after that date.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 2011. 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 2011.60.3    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 2011.60.9    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 2012.60.21EFFECTIVE DATE.This section is effective June 30, 2009.60.22    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 no 60.32consideration under the conditions and provisions described in paragraph (e), 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(e) The payment in lieu to Hennepin County as provided under Minnesota Statutes, 61.19sections 477A.11 to 477A.145, will be reduced by $18,750 for the amounts payable in 61.20each of calendar years 2009 and 2010.61.21    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 2011, 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. CASH FLOW STUDY.61.27    By January 15, 2010, the commissioner of finance must submit to the chair of the 61.28Finance Committee in the senate and the chair of the Ways and Means Committee in the 61.29house of representatives, a report on the cash flow condition of the general fund for the 61.30fiscal year 2010-2011 biennium and the following biennium, including an assessment of 61.31the options for improving the long-term cash flow of the state through changes in the 61.32timing of general fund payment dates, revenue collections, or other changes. In addition, 61.33the report should identify all major provisions of law that result in state expenditures or 61.34revenues being recognized in budget documents in a fiscal year earlier or later than the 62.1fiscal year in which the obligation to pay state expenses was incurred or the liability 62.2to pay state taxes was incurred.62.3    Sec. 81. STATE EMPLOYEES' PERSONAL HEALTH RECORDS; CRITERIA.62.4(a) The system that the commissioner of finance selects to provide electronic 62.5personal health records under Laws 2007, chapter 148, article 2, section 78, must meet the 62.6following criteria: 62.7(1) be interoperable and compliant with the ASTM International's Continuum of 62.8Care Record standards and the Continuity of Care Document standards;62.9(2) provide consumer-owned records that are portable among plans, employers, 62.10and providers;62.11(3) not be tethered to or affiliated with a specific health plan or provider;62.12(4) support management, storing, and sharing of complete health history information, 62.13including but not limited to, medical conditions, medication history, surgeries, medical 62.14procedures, immunizations, lab results, radiology reports, health directives, and other 62.15medical records;62.16(5) provide employees the ability to share their health data electronically with health 62.17providers and others and give them flexibility and control over which specific health 62.18data is shared; 62.19(6) enable each employee to manage multiple personal health record accounts for 62.20family members under the employee's account;62.21(7) provide a range of consumer engagement and decision support tools, such as 62.22online provider directories and health care cost management tools; 62.23(8) support integration of third-party applications, such as health risk assessments 62.24and wellness and incentive programs; and62.25(9) provide that participation in the system is voluntary for each employee.62.26(b) The commissioner of finance must contract with a vendor that demonstrates 62.27the following:62.28(1) a plan and ability to provide Minnesota consumers access to data on prescription 62.29history, immunizations, lab and radiology results, and other medical records;62.30(2) an ability to provide online consumer-owned health records to all Minnesotans;62.31(3) a plan to serve rural and underserved communities; and62.32(4) a commitment to providing Minnesota-based staff for onsite assistance in 62.33planning and participation in securing and integrating health data from multiple sources 62.34for consumers.63.1(c) The selected system must not permit ad-serving cookies, tracking of clicked 63.2links, and server log commercial data mining without the express consent of the consumer. 63.3The selected system must require the same privacy terms for all linked services and must 63.4not share aggregate, de-identified information without express consent from the consumer.63.5EFFECTIVE DATE.This section is effective the day following final enactment.63.6    Sec. 82. COLOCATION REPORT.63.7The Management Analysis Division of the Department of Finance must study and 63.8report to the legislature by January 15, 2010, on possible colocation of the offices of the 63.9Council on Black Minnesotans, the Council on Affairs of Chicano/Latino People, the 63.10Council on Asian-Pacific Minnesotans, and the metropolitan area office of the Indian 63.11Affairs Council. The report must include analysis of potential cost savings, when those 63.12savings could be realized, and the effect of potential colocation on operations of the 63.13councils.63.14EFFECTIVE DATE.This section is effective the day following final enactment.63.15    Sec. 83. NO TRANSFER OF EQB DUTIES OR STAFF.63.16During the biennium ending June 30, 2011, the executive branch may not use 63.17authority under Minnesota Statutes, section 16B.37 or any other authority to transfer 63.18powers, duties, or personnel associated with the Environmental Quality Board.63.19    Sec. 84. ACCOUNTING AND PROCUREMENT SYSTEMS.63.20The commissioner of finance must consult with the chairs of the house of 63.21representatives Ways and Means Committee and senate Finance Committee before 63.22encumbering any funds appropriated for use on or after July 1, 2009, for the planning, 63.23development, and implementation of state accounting or procurement systems. No funds 63.24appropriated for these purposes may be spent unless the commissioner certifies that the 63.25systems will include an application programming interface that allows public access to the 63.26system's underlying data on state contracts, appropriations, and expenditures using an open 63.27format. In developing the public access system, the commissioner must consult with the 63.28commissioner of administration and the director of the Office of Enterprise Technology to 63.29ensure that the design and operation of the system are done in compliance with Minnesota 63.30Statutes, chapter 13, Minnesota Statutes, section 138.17, and other laws governing data 63.31practices, including but not limited to, ensuring that government data in the system are 64.1easily accessible for convenient use by the public, ensuring that only public data are placed 64.2on the Web site, and preparing and following retention schedules for data in the system.64.3EFFECTIVE DATE.This section is effective July 1, 2009.64.4    Sec. 85. RACING LICENSE FEE RATIFICATION.64.5The license fees in Minnesota Rules, part 7877.0120, are ratified by this act.64.6EFFECTIVE DATE.This section is effective the day following final enactment.64.7    Sec. 86. TECHNOLOGY LEASE-PURCHASE AUTHORIZATION.64.8    Subdivision 1.Lease-purchase agreements.The commissioner of finance shall 64.9enter into one or more lease-purchase agreements as defined in Minnesota Statutes, section 64.1016A.81, to finance the two projects in subdivisions 2 and 3.64.11    Subd. 2.Replacement of state's accounting and procurement systems.64.12Proceeds of lease-purchase agreements and the issuance and sale of related certificates 64.13of participation are appropriated to the commissioner of finance for development and 64.14implementation of a new statewide accounting and procurement system.64.15    Subd. 3.Completion of integrated tax system.Proceeds of lease-purchase 64.16agreements and the issuance and sale of related certificates of participation are appropriated 64.17to the commissioner of revenue for completing the purchase and implementation of an 64.18integrated tax software package.64.19EFFECTIVE DATE.This section is effective the day following final enactment.64.20    Sec. 87. ENTERPRISE REAL PROPERTY CONTRIBUTIONS.64.21On or before June 1, 2009, the commissioner of administration shall determine the 64.22amount to be contributed by each executive agency to maintain the enterprise real property 64.23technology system for the fiscal year 2010 and fiscal year 2011 biennium. On or before 64.24June 15, 2009, each executive agency shall enter into an agreement with the commissioner 64.25of administration setting forth the manner in which the executive agency shall make its 64.26contribution to the enterprise real property system, either from uncommitted fiscal year 64.272009 funds or by contributing from fiscal year 2010 and fiscal year 2011 funds to the real 64.28property enterprise system and services account to fund the total amount of $1,688,000 for 64.29the biennium. Funds contributed under this section must be credited to the enterprise real 64.30property technology system and services account.64.31EFFECTIVE DATE.This section is effective the day following final enactment.65.1    Sec. 88. RENTAL COST SAVINGS.65.2The commissioner of administration must report to the legislature by January 15, 65.32010, on savings in state agency costs for rental space in state-owned and state-leased 65.4buildings that can be achieved by expected decreases in agency complement and that could 65.5be achieved by encouraging or requiring increased telecommuting by state employees. 65.6The report must estimate savings by agency and by fund, and must estimate when these 65.7savings can be realized.65.8    Sec. 89. TRANSFER OF ASSETS, EMPLOYEES, EQUIPMENT, AND 65.9SUPPLIES.65.10The existing funds, assets, employees, equipment, and supplies of the Land 65.11Management Information Center are transferred to the Minnesota Geospatial Information 65.12Office according to Minnesota Statutes, section 15.039.65.13EFFECTIVE DATE.This section is effective July 1, 2009.65.14    Sec. 90. INFORMATION TECHNOLOGY STUDY.65.15    The chief information officer of the Office of Enterprise Technology, in consultation 65.16with heads of other executive agencies, must report to the legislature by January 15, 2010, 65.17on a plan to transfer from other state agencies to the Office of Enterprise Technology state 65.18employees whose work primarily relates to development, upgrading, replacement, problem 65.19resolution, or maintenance of state data centers, system software, data networks, and office 65.20systems. The report must include an estimate of the number of employees who would be 65.21transferred, an estimate of enterprise costs savings, an analysis of potential improvements 65.22in operations, and a proposed transition plan and schedule. This section does not apply to 65.23the Minnesota State Colleges and Universities or to employees of constitutional offices.65.24    Sec. 91. REVISOR'S INSTRUCTION.65.25In the next edition of Minnesota Statutes and Minnesota Rules, the revisor of 65.26statutes shall substitute the term "Land Management Information Center" with the term 65.27"Minnesota Geospatial Information Office," wherever they appear in Minnesota Statutes 65.28and Minnesota Rules.65.29EFFECTIVE DATE.This section is effective July 1, 2009.65.30    Sec. 92. REVISOR'S INSTRUCTION.66.1    In the next and subsequent edition of Minnesota Statutes, the revisor of statutes must 66.2delete the word "Tennessen" from the headnote of Minnesota Statutes, section 13.04, 66.3subdivision 2; must delete the word "Lessard" from Minnesota Statutes, section 97A.056, 66.4and other places in Minnesota Statutes where this word appears; and must delete the words 66.5"Douglas J. Johnson" from Minnesota Statutes, sections 298.291 to 298.298.66.6    Sec. 93.  REPEALER.66.7(a) Minnesota Statutes 2008, sections 16C.046; and 645.44, subdivision 19, are 66.8repealed.66.9(b) Minnesota Statutes 2008, section 4A.05, is repealed.66.10(c) Minnesota Statutes 2008, section 116G.151, is repealed.66.11(d) Minnesota Statutes 2008, section 240A.08, is repealed.66.12ARTICLE 366.13SECRETARY OF STATE66.14    Section 1. [5.001] DEFINITIONS.66.15    Subdivision 1.Applicability.As used in this chapter, the terms defined in this 66.16section have the meanings given them.66.17    Subd. 2.Business entity."Business entity" means an organization that is formed 66.18under chapters 300, 301, 302A, 303, 308, 308A, 308B, 315, 317, 317A, 318, 319, 319A, 66.19321, 322A, 322B, 323, or 323A and that has filed documents with the secretary of state.66.20    Subd. 3.Business entity filings."Business entity filings" means any filing from a 66.21business entity and also includes filings made under chapter 333.66.22    Subd. 4.Bulk data."Bulk data" means data that has commercial value and is a 66.23substantial or discrete portion of or an entire formula, pattern, compilation, program, 66.24device, method, technique, process, database, or system.66.25    Sec. 2. [5.002] E-MAIL ADDRESSES.66.26(a) The secretary of state is authorized to provide a field on each of the forms and on 66.27each online entry screen, used to file business entity filings, Uniform Commercial Code 66.28records, and central notification system filings, for the collection of an e-mail address to 66.29which the secretary of state can forward official notices required by law and other notices 66.30to the business entity, assumed name, or the person filing the uniform commercial code or 66.31central notification system record. The e-mail address may be updated by or on behalf of 66.32the business entity by sending a notification of the change to the secretary of state. No fee 66.33shall be charged for an e-mail address update.67.1(b) Except as provided in paragraph (c), the business entity, holder of assumed 67.2name, or other person providing the email address under this section may indicate on the 67.3screen that they do not wish the email address provided under this section to be provided 67.4as bulk data.67.5(c) If the email address in paragraph (b) is provided as a portion of a digitally 67.6scanned image, the email address on that image is public.67.7EFFECTIVE DATE.This section is effective 30 days after the secretary of state 67.8certifies that the information systems of the Office of the Secretary of State have been 67.9modified to implement this section.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 or electronically transmitted image 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 or electronically transmitted image of an original filing of a corporation, 67.15limited partnership, assumed name, or trade or service mark business entity filing. The 67.16secretary of state shall charge a fee of $3 for a copy of any or all each subsequent filings of 67.17a corporation, limited partnership, assumed name, or trade or service mark business entity 67.18filing. The secretary of state shall charge a fee of $1 per page for copies $3 for a copy of 67.19any other nonuniform commercial code documents document 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.67.22EFFECTIVE DATE.This section is effective 30 days after the secretary of state 67.23certifies that the information systems of the Office of the Secretary of State have been 67.24modified to implement this section.67.25    Sec. 4. Minnesota Statutes 2008, section 5.29, is amended to read:67.265.29 BULK AGENT NAME AND ADDRESS CHANGES GLOBAL FILINGS.67.27The filing fee charged for filing an amendment is charged for each document 67.28filed (a) When a registered agent for multiple business entities files an instrument that 67.29changes its name or office address pursuant to sections 302A.123, subdivision 3; 303.10;67.30308A.025, subdivision 5; 317A.123, subdivision 3; 318.02; 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, the change for each business entity must be filed online as a separate 68.1transaction, and a separate filing fee charged. The aggregate fee for a filing under this 68.2paragraph shall not exceed $35,000.68.3(b) When a secured party wishes to file an amendment to a financing statement 68.4making a change in secured party or debtor name and address information, each 68.5amendment must be filed online as a separate transaction and a separate filing fee charged.68.6EFFECTIVE DATE.This section is effective 30 days after the secretary of state 68.7certifies that the information systems of the Office of the Secretary of State have been 68.8modified to implement this section.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, 2009, 2010, and 2011, 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 2011.68.25EFFECTIVE DATE.The amendments to this section are effective the day 68.26following final enactment.68.27    Sec. 6. [5.34] ANNUAL RENEWAL FILINGS.68.28Any business registered with the secretary of state required to file an annual renewal 68.29in order to maintain its active status, good standing, or existence under Minnesota Statutes 68.30shall file that renewal, whether online or otherwise, in a format that states:68.31(1) the name in Minnesota of the organization for which the renewal is filed;68.32(2) the name of the organization in the jurisdiction in which it is organized, if 68.33different;69.1(3) the address of the registered office or designated office and the name of the 69.2registered agent of the organization for service of process, if any;69.3(4) the jurisdiction in which the organization is organized, if that jurisdiction is 69.4not Minnesota;69.5(5) the name and business address of the officer or other person exercising the 69.6principal functions of the president of a nonprofit corporation, manager of a limited 69.7liability company, or chief executive officer of a corporation or cooperative;69.8(6) the address of the principal executive office of a domestic business corporation 69.9or of a limited liability company or the principal place of business of a cooperative, if 69.10different from the registered office address;69.11(7) the address of the designated office and the name, street, and mailing address of 69.12the agent for service of process in Minnesota of a limited partnership or foreign limited 69.13partnership;69.14(8) the street and mailing address of the principal office of a limited partnership;69.15(9) the street and mailing address of the chief executive office of a partnership and, if 69.16different, the street address of an office of a partnership in Minnesota, if any;69.17(10) the name, street, mailing address, and telephone number of an individual 69.18who may be contacted for purposes other than services of process on behalf of a 69.19limited partnership or a limited liability partnership, if the agent for the limited liability 69.20partnership, limited partnership, or foreign limited partnership is not an individual; and69.21(11) the e-mail address of the organization to which notices from the secretary of 69.22state will be directed, if the organization has an e-mail address.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, the Office of Exchange Coordination and Designation, United 69.28States Department of State, or the Council on Standards for International Educational 69.29Travel, as the secretary of state considers appropriate. The secretary may also investigate 69.30complaints received to determine if the issue raised is limited to one high school or if there 69.31are more systemic problems with placements made by a particular organization. An 69.32organization's registration automatically terminates if the organization fails to remain in 69.33compliance with local, state, and federal statutes and regulations.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 $1 per page, except that after 70.9the effective date of section 5.12, subdivision 1, that section shall govern the fee charged 70.10by the secretary of state for a copy or electronically transmitted image.70.11    Sec. 9. Minnesota Statutes 2008, section 302A.821, is amended to read:70.12302A.821 MINNESOTA CORPORATE REGISTRATION RENEWAL.70.13    Subdivision 1. Annual registration renewal. (a) The secretary of state must may70.14send annually to each corporation at the registered office of the corporation a postcard, 70.15using the information provided by the corporation pursuant to section 5.002 or 5.34 or 70.16the articles of incorporation, a notice announcing the need to file the annual registration70.17renewal and informing the corporation that the annual registrationrenewal may be filed 70.18online and that paper filings may also be made, and informing the corporation that failing 70.19to file the annual registrationrenewal 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 registrationrenewal containing the information 70.24listed in subdivision 2.70.25    Subd. 2. Information required; manner of filing. The registration must include:70.26filing must be made pursuant to section 5.34.70.27(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; and70.32(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 2renewal complying with section 71.35.34 must be dissolved by the secretary of state as described in paragraph (b).71.4    (b) If the corporation has not filed the registrationrenewal 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 registrationrenewal complying with 71.13section 5.34 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; and71.17    (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 RENEWAL.71.23    Subdivision 1. Filed with secretary of state; contents Notice; filing. 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 may send to the corporation, using the information provided by the corporation 71.29pursuant to section 5.002 or 5.34 or the application for certificate of authority, a notice:71.30announcing the need to file the annual renewal and informing the corporation that the 71.31annual renewal may be filed online and that paper filings may also be made, and informing 71.32the corporation that failing to file the annual renewal will result in an administrative 71.33dissolution or revocation of certificate of authority to do business in Minnesota.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 renewal and will 72.5set forth on the form: the items required by section 5.34.72.6(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; and72.11(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 other than the fee required by section 303.14 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 ANNUAL RENEWAL.72.23    Subdivision 1. Periodic registration in certain years Annual renewal. Each 72.24cooperative governed by this chapter must file a periodic registration an annual renewal72.25with the secretary of state in each odd-numbered calendar year following the calendar year 72.26in which the cooperative was incorporated. In these years, The secretary of state must72.27mail 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: may send annually to the cooperative, 72.31using the information provided by the cooperative pursuant to section 5.002 or 5.34 or 72.32the articles of incorporation, a notice announcing the need to file the annual renewal and 72.33informing the cooperative that the annual renewal may be filed online and that paper 73.1filings may also be made, and informing the cooperative that failing to file the annual 73.2renewal will result in an administrative dissolution of the cooperative.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 renewal form. In each calendar year 73.7in which a registration renewal is to be filed, a cooperative must file with the secretary of 73.8state a registration an annual renewal by December 31 of that calendar year containing:73.9the items required by section 5.34.73.10(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; and73.14(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 registration73.19renewal pursuant to the requirements of this section by December 31 of the calendar year 73.20for which the registration renewal 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 renewal 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 renewal and paying a $25 fee. Filing the annual 73.29registration renewal 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; and73.33(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.74.3EFFECTIVE DATE.This section is effective 30 days after the secretary of state 74.4certifies that the information systems of the Office of the Secretary of State have been 74.5modified to implement this section.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 Annual renewal. Each 74.8cooperative governed by this chapter and each foreign cooperative registered under 74.9section 308B.151 must file a periodic registrationan annual renewal with the secretary 74.10of state with the initial articles and any amendment of the articles in each odd-numbered74.11calendar year after the calendar year in which the cooperative incorporated. 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: may send annually to each cooperative, using the 74.17information provided by the cooperative pursuant to section 5.002 or 5.34 or the articles of 74.18organization, a notice announcing the need to file the annual renewal and informing the 74.19cooperative that the annual renewal may be filed online and that paper filings may also 74.20be made, and informing the cooperative that failing to file the annual renewal will result 74.21in an administrative dissolution.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."74.28EFFECTIVE DATE.This section is effective 30 days after the secretary of state 74.29certifies that the information systems of the Office of the Secretary of State have been 74.30modified to implement this section.74.31    Sec. 14. Minnesota Statutes 2008, section 308B.121, subdivision 2, is amended to read:74.32    Subd. 2. RegistrationRenewal form. In each calendar year in which a registration74.33renewal is to be filed, a cooperative must file with the secretary of state a registration by 75.1December 31 of that calendar year a renewal containing: the items required by section 75.25.34.75.3(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; and75.7(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.75.9EFFECTIVE DATE.This section is effective 30 days after the secretary of state 75.10certifies that the information systems of the Office of the Secretary of State have been 75.11modified to implement this section.75.12    Sec. 15. Minnesota Statutes 2008, section 317A.823, is amended to read:75.13317A.823 ANNUAL CORPORATE REGISTRATION RENEWAL.75.14    Subdivision 1. Annual registration renewal. (a) The secretary of state mustmay75.15send annually to each corporation at the registered office of the corporation, using the 75.16information provided by the corporation pursuant to section 5.002 or 5.34 or the articles of 75.17incorporation, a postcard notice announcing the need to file the annual registrationrenewal 75.18and informing the corporation that the annual registrationrenewal may be filed online and 75.19that paper filings may also be made, and informing the corporation that failing to file the 75.20annual registrationrenewal 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) required by section 5.34.75.25    (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; and75.29    (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 registrationrenewal 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 renewal, 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; and76.18    (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; and76.22    (B) if the statement refers to an existing limited partnership, a copy of the filed 76.23statement to the limited partnership; and76.24    (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; or77.6    (B) the 30th day after the record is filed; or77.7    (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; or77.10    (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(3) for filing a name reservation for a limited partnership name, $35;77.15    (3) (4) for filing any other record, other than the annual report renewal required by 77.16section 
         321.0210, for which no fee must be charged, required or permitted to be delivered 77.17for filing, $35 50;77.18    (4) (5) for filing a certificate requesting authority to transact business in Minnesota 77.19as a foreign limited partnership, $85 100;77.20    (5) (6) for filing an application of reinstatement, $25; 77.21    (6) (7) for filing a name reservation for a foreign limited partnership name, $35; and77.22    (7) (8) for filing any other record, other than the annual report renewal 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 REPORTRENEWAL 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 registrationrenewal containing the information required by 77.32subsection (c); and77.33    (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 registrationrenewal 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 registrationrenewal must contain: the items required by section 5.34.78.16    (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; and78.23    (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 321.0905(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 registrationrenewal pursuant to subsection (a); and78.29    (2) revoke under section 
         321.0906 the certificate of authority of a foreign limited 78.30partnership that has failed to file a registrationrenewal 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 or a foreign 78.35limited partnership that has had its certificate of authority revoked may apply to the 79.1secretary of state for reinstatementreinstate after the effective date of dissolution. The 79.2applicationTo reinstate, the annual renewal required by section 5.34 must be delivered to 79.3the secretary of state for filing and state: with the reinstatement fee of $25.79.4(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; and79.7(3) that the limited partnership's name satisfies the requirements of section 321.0108.79.8The 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 applicationan annual renewal contains 79.11the information required by subsection (a) and that the information is correct and the 79.12application includesis accompanied by the appropriate fee, the secretary of state shall file 79.13the reinstatement application and serve the limited partnership with a copy renewal and 79.14reinstate the limited partnership or foreign limited partnership.79.15(c) When reinstatement becomes effective, it relates back to and takes effect as of the 79.16effective date of the administrative dissolution or revocation and the limited partnership 79.17may resume its activities as if the administrative dissolution or revocation 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 RENEWAL.79.22    Subdivision 1. Annual registrationrenewal form. (a) The secretary of state 79.23mustmay send annually to each limited liability company at the registered office of the 79.24corporation a postcard, using the information provided by the limited liability company 79.25pursuant to section 5.002 or 5.34 or the articles of organization, a notice announcing the 79.26need to file the annual registrationrenewal and informing the limited liability company 79.27that the annual registrationrenewal 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 registration79.29renewal will result in an administrative termination of the limited liability company or the 79.30revocation of the authority of the limited liability company to do business in Minnesota.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 registration79.34renewal containing the information listed in subdivision 2 items required by section 5.34.79.35    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; and80.8(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 registrationrenewal pursuant to the requirements of subdivision 2,this section 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 registration80.17renewal pursuant to the requirements of subdivision 2,this section 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 registration80.25renewal and paying a $25 fee.80.26(a) For a domestic limited liability company, filing the annual registrationrenewal 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; and80.32(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 registration81.2renewal 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 RENEWAL.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 may send annually to the 81.14partnership or foreign partnership, using the information provided by the limited liability 81.15partnership pursuant to section 5.002 or 5.34 or the limited liability partnership statement 81.16of qualification, a notice. The form must include the following notice: will announce the 81.17need to file the annual renewal and will inform the partnership or foreign partnership that 81.18the annual renewal may be filed online and that paper filings may also be made and that 81.19"NOTICE: failure to file this formthe notice by December 31 of this year will result 81.20in the revocation of the statement of qualification of this limited liability partnership.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 registrationrenewal in the 81.25office of the secretary of state which contains: the information required by section 5.34.81.26    (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; and81.33    (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 registrationrenewal 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 registrationrenewal 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 registrationrenewal to apply for 82.14reinstatement and pay a reinstatement fee of $135 $160.82.15    (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,upon filing and shall remain in effect as long as an 82.24annual renewal for 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. is filed in each calendar year following the calendar year in which the original 82.27filing was filed. The certificate expires in the calendar year following a calendar year in 82.28which the annual renewal was not filed. Notice of the annual renewal requirement must be 82.29provided to the person or entity submitting the certificate at the time of the original filing.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.82.33Assumed name certificates on file with the secretary of state upon the effective 82.34date of this section are exempt from the renewal requirements of this section until the 82.35expiration of the original ten-year term.83.1    Subd. 2. Existing certificates Reinstatement. 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 333.01 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 that expires as a result of failing 83.8to file the annual renewal may be reinstated by filing the annual renewal with the $25 83.9reinstatement fee. 83.10    Subd. 2a.Annual renewal; contents.The annual renewal filed under subdivision 1 83.11must include the assumed name and the address of the principal place of business.83.12    Subd. 3. Fees. The secretary of state shall charge and collect: a fee of $30 for 83.13each filing submitted with respect to an assumed name except for the annual renewal, 83.14for which no fee will be charged.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. 83.29EFFECTIVE DATE; APPLICATION.The amendments to this section are 83.30effective 30 days after the secretary of state certifies that the information systems of the 83.31Office of the Secretary of State have been modified to implement this section, and the 83.32amendments to this section apply to all existing and new assumed name certificates on 83.33and after that date.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) $20 for each effective financing statement and $15 for each lien notice or other84.6filing made through the Web interface of the Office of the Secretary of State; and84.7(2) $25 for each effective financing statement and $20 for each lien notice or other84.8filing submitted in any other manner.; and84.9(3) no fee will be charged for filing a termination statement.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; or84.21(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 pageas set by section 5.12 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 for an overpayment of a fee is the subject of a refund upon proper application.85.3ARTICLE 485.4VETERANS PREFERENCE85.5    Section 1. Minnesota Statutes 2008, section 16C.16, is amended by adding a 85.6subdivision to read:85.7    Subd. 6a.Veteran-owned small businesses.(a) The commissioner shall award up 85.8to a six percent preference, but no less than the percentage awarded to any other group 85.9under this section, in the amount bid on state procurement to certified small businesses 85.10that are majority-owned and operated either:85.11(1) by veterans, as indicated by the person's United States Department of Defense 85.12form DD-214 or by the commissioner of veterans affairs; or85.13(2) by veterans having service-connected disabilities, as determined at any time by 85.14the United States Department of Veterans Affairs.85.15(b) The purpose of this designation is to facilitate the transition of veterans from 85.16military to civilian life, and to help compensate veterans for their sacrifices, including but 85.17not limited to their sacrifice of health and time, to the state and nation during their military 85.18service, as well as to enhance economic development within Minnesota.85.19(c) For purposes of this section and section 16C.19, the following terms have the 85.20meanings given them:85.21(1) "veteran" has the meaning given in section 197.447;85.22(2) "service-connected disability" has the meaning given in United States Code, title 85.2338, section 101(16), as determined by the United States Department of Veterans Affairs.85.24EFFECTIVE DATE.This section is effective July 1, 2009, and applies to 85.25procurement contract bid solicitations issued on and after that date.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(d) Notwithstanding paragraph (c), for purposes of sections 16C.16 to 16C.21, 86.10a veteran-owned small business or service-disabled veteran-owned small business, the 86.11principal place of business of which is in Minnesota, is certified if it has been verified by 86.12the United States Department of Veterans Affairs as being a veteran-owned small business 86.13or service disabled veteran-owned small business in accordance with Public Law 109-461 86.14and Code of Federal Regulations, title 38, part 74.86.15EFFECTIVE DATE.This section is effective July 1, 2009, and applies to 86.16procurement contract bid solicitations issued on and after that date.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,or a small business located in an economically 86.21disadvantaged area, or a veteran owned small business is eligible to participate under the 86.22requirements of sections 
         137.31 and 
         161.321 and, if certified as a small business,or small 86.23targeted group business, or veteran owned small business, under section 
         473.142 without 86.24further certification by the contracting agency.  86.25EFFECTIVE DATE.This section is effective July 1, 2009, and applies to 86.26procurement contract bid solicitations issued on and after that date.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(e) "Veteran owned small business" means a business designated under section 87.916C.16, subdivision 6a.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 and veteran owned small businesses.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. The commissioner may designate a contract for 87.16construction work for award only to veteran owned small businesses if the commissioner 87.17determines that at least three veteran owned small businesses are likely to bid.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 and veteran owned small businesses. The commissioner 87.21must establish a procedure for granting waivers from the subcontracting requirement 87.22when qualified small targeted group businesses and veteran owned small businesses87.23are 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 or veteran owned small businesses.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. At least 75 percent 87.34of subcontracts awarded to veteran owned small businesses must be performed by the 87.35business to which the subcontract is awarded or another veteran owned small business.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 and veteran owned small businesses 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.88.18EFFECTIVE DATE.This section is effective July 1, 2009, and applies to 88.19procurement contract bid solicitations issued on and after that date.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 and veteran owned small businesses 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. The council and each agency specified in 88.30section 473.143, subdivision 1, may designate a purchase of goods or services for award 88.31only to veteran owned small businesses designated under section 16C.16 if the council or 88.32agency determines that at least three veteran owned small businesses are likely to bid.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 and veteran 89.3owned small businesses 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 and veteran owned small businesses 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 and veteran owned small businesses. 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. At least 75 percent of the value of the subcontracts awarded to 89.14veteran owned small businesses under this paragraph must be performed by the business 89.15to which the subcontract is awarded or another veteran owned small business.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 and veteran owned small 89.18businesses 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.90.1EFFECTIVE DATE.This section is effective July 1, 2009, and applies to 90.2procurement contract bid solicitations issued on and after that date.