SF 2629

1st Unofficial Engrossment - 86th Legislature (2009 - 2010)

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

1.1A bill for an act 1.2relating to operations of the secretary of state; regulating filings with the secretary 1.3of state; appropriating money for grants to counties for voting equipment and 1.4vote-counting equipment; specifying grant terms and procedures;amending 1.5Minnesota Statutes 2008, sections 318.02, subdivision 1; 557.01; repealing Laws 1.62005, chapter 162, section 34, subdivision 2, as amended. 1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.8    Section 1. Minnesota Statutes 2008, section 318.02, subdivision 1, is amended to read: 1.9    Subdivision 1. Definition. The term "declaration of trust" as used in this section 1.10means the declaration of trust, business trust instrument, trust indenture, contract of 1.11custodianship, or other instrument pursuant to which such association is organized. Every 1.12such association organized after April 20, 1961, for the purpose of transacting business 1.13in this state shall, prior to transacting any business in this state, file in the Office of the 1.14Secretary of State a true and correct copy of the "declaration of trust" under which the 1.15association proposes to conduct its business. The copy shall also contain a statement that 1.16the true and correct copy of the "declaration of trust" is being filed in the Office of the 1.17Secretary of State of the state of Minnesota pursuant to this chapter and shall also include 1.18the full name and street address of an agent of the business trust in this state. That agent 1.19shall be the agent for service of process which shall be made pursuant to the provisions 1.20of section 543.08. The "declaration of trust" may provide that the duration of such 1.21association shall be perpetual. Upon the filing of the copy of the "declaration of trust new text begin , new text end " and 1.22the payment of a filing fee of $150 to the secretary of state, the secretary of state shall issue 1.23to such association, or to the trustees named in the said "declaration of trust," or to the 1.24persons or parties to the "declaration of trust," a certificate showing that such "declaration 1.25of trust" has been duly filed; whereupon, such association in its name shall be authorized 2.1to transact business in this state; provided that all other applicable laws have been 2.2complied with. The "declaration of trust" may be amended as provided in the "declaration 2.3of trust" or in any amendments thereto but a true and correct copy of all amendments to the 2.4"declaration of trust," shall be filed in the Office of the Secretary of State upon the payment 2.5of a filing fee of $50 to the secretary of state and all amendments shall become effective at 2.6the time of said filing. When such copy of the "declaration of trust" and any amendments 2.7thereto shall have been filed in the Office of the Secretary of State it shall constitute public 2.8notice as to the purposes and manner of the business to be engaged in by such association. 2.9    Sec. 2. Minnesota Statutes 2008, section 557.01, is amended to read: 2.10557.01 NONRESIDENT, AGENT TO ACCEPT SERVICE. 2.11Any nonresident person or corporation owning or claiming any interest or lien in 2.12or upon lands in the state may file with the secretary of state a writing, executed and 2.13acknowledged in the manner of a conveyance, appointing a resident agent, whose place 2.14of residence shall be stated, to accept service of process or summons in any action or 2.15proceeding in the courts of the state concerning such interest or lien, except actions or 2.16proceedings for the collection of taxes, and consenting that service of such process or 2.17summons upon such agent shall be binding upon the person executing the same. Such 2.18writing shall be recorded by the secretary. No service by publication of summons shall 2.19be made upon any such nonresident who has complied with the provisions hereof, but in 2.20all such cases service of such process or summons, or of any writ or notice in the action 2.21or proceedings, shall be made upon such agent in the manner provided by law for such 2.22service upon residents of the state, and have the same effect as personal service within 2.23the state upon such owner or claimant; but, if such party appears by attorneys therein, the 2.24service of papers shall thereafter be upon such attorney. The authority of such agent 2.25may be revoked by writing similarly executed and acknowledged and recorded, but no 2.26revocation shall affect any action or proceeding then pending. For filing and recording 2.27such papers the secretary shall be entitled to 15 cents for each folio new text begin The fee for each filing new text end 2.28 new text begin made under this section is $50 new text end . 2.29    Sec. 3. new text begin APPROPRIATIONS; ASSISTIVE VOTING EQUIPMENT AND new text end 2.30 new text begin VOTE-COUNTING EQUIPMENT. new text end 2.31     new text begin Subdivision 1. new text end new text begin Operating grants. new text end new text begin $300,000 is appropriated in fiscal year 2010 from new text end 2.32 new text begin the Help America Vote Act account to the secretary of state for grants to counties to defray new text end 2.33 new text begin operating costs of the assistive voting equipment and vote-counting equipment in each new text end 2.34 new text begin polling place. This appropriation is available until spent. Grants of up to $300 per polling new text end 3.1 new text begin place may be made until this appropriation is exhausted. If the grant requests exceed the new text end 3.2 new text begin appropriation available, the secretary of state shall prorate the grant amounts to each new text end 3.3 new text begin eligible county to match the amount available. new text end 3.4     new text begin Subd. 2. new text end new text begin Grant application. new text end new text begin To receive a grant under this subdivision, a county new text end 3.5 new text begin must apply to the secretary of state on forms prescribed by the secretary of state that new text end 3.6 new text begin set forth how the grant money will be spent. Grant applications for operating costs for new text end 3.7 new text begin the 2010 elections must be received by the secretary of state by August 1, 2010. Grant new text end 3.8 new text begin awards must be made to the counties by December 1, 2010. If money remains from this new text end 3.9 new text begin appropriation, the secretary may also make grants available for the 2012 election, with new text end 3.10 new text begin grant applications due by March 1, 2012, and grants made to counties by June 30, 2012. new text end 3.11     new text begin Subd. 3. new text end new text begin Eligibility. new text end new text begin To be eligible to apply for a grant under this section, a county new text end 3.12 new text begin must have fewer than 50,000 registered voters as of January 1, 2010, and must have new text end 3.13 new text begin less than $300 per polling place that was used in the 2008 general election as a balance, new text end 3.14 new text begin including any interest earned on the account, in its Help America Vote Act account from new text end 3.15 new text begin money distributed to it in 2005. new text end 3.16     new text begin Subd. 4. new text end new text begin Report. new text end new text begin Each county receiving a grant under this section must include new text end 3.17 new text begin the expenditures it has made on the appropriate Help America Vote Act reports submitted new text end 3.18 new text begin to the secretary of state. If a county does not use the money it has received under this new text end 3.19 new text begin section by June 15, 2013, it must return the unused money to the secretary of state by new text end 3.20 new text begin June 30, 2013. In addition to the report required by this section, each county receiving new text end 3.21 new text begin a grant under this act must maintain financial records for each grant sufficient to satisfy new text end 3.22 new text begin federal audit standards and must transmit those records to the secretary of state upon new text end 3.23 new text begin request of the secretary of state. new text end 3.24     new text begin Subd. 5. new text end new text begin Operating costs. new text end new text begin "Operating costs" include actual county and municipal new text end 3.25 new text begin costs for hardware maintenance, election day technical support, software licensing, system new text end 3.26 new text begin programming, voting system testing, training of county or municipal staff in the use of new text end 3.27 new text begin voting equipment, and transportation and storage of the voting equipment. new text end 3.28    Sec. 4. new text begin APPROPRIATIONS; OPTICAL SCAN EQUIPMENT. new text end 3.29     new text begin Subdivision 1. new text end new text begin Optical scan voting equipment grants. new text end new text begin $2,100,000 is appropriated new text end 3.30 new text begin in fiscal year 2010 from the Help America Vote Act account to the secretary of state new text end 3.31 new text begin for grants to counties to purchase optical scan voting equipment. This appropriation new text end 3.32 new text begin is available until spent. If the grant requests exceed the appropriation available, the new text end 4.1 new text begin secretary of state shall prorate the grant amounts to each eligible county to match the new text end 4.2 new text begin amount available. new text end 4.3     new text begin Subd. 2. new text end new text begin Grant application. new text end new text begin To receive a grant under this section, a county must new text end 4.4 new text begin apply to the secretary of state on forms prescribed by the secretary of state that set forth new text end 4.5 new text begin how the grant money will be spent. Applications for grants under this section must be new text end 4.6 new text begin submitted to the secretary of state by December 1, 2010, and be for purchases made new text end 4.7 new text begin before March 31, 2014. new text end 4.8     new text begin Subd. 3. new text end new text begin Eligibility. new text end new text begin A county is eligible to apply for a grant of up to $4,000 per new text end 4.9 new text begin precinct to replace precinct-based optical scan vote counters if the vote counter was new text end 4.10 new text begin purchased before December 31, 2002, and the county received no federal or state money new text end 4.11 new text begin to defray the cost of that purchase. Counties must agree to provide a local match at least new text end 4.12 new text begin equal to the amount of the grant under this section. new text end 4.13     new text begin Subd. 4. new text end new text begin Report. new text end new text begin Each county receiving a grant under this section must include new text end 4.14 new text begin the expenditures it has made on the appropriate Help America Vote Act reports submitted new text end 4.15 new text begin to the secretary of state. If a county does not use the money it has received under this new text end 4.16 new text begin section by June 15, 2014, it must return the unused money to the secretary of state by new text end 4.17 new text begin June 30, 2014. In addition to the report required by this section, each county receiving new text end 4.18 new text begin a grant under this act must maintain financial records for each grant sufficient to satisfy new text end 4.19 new text begin federal audit standards and must transmit those records to the secretary of state upon new text end 4.20 new text begin request of the secretary of state. new text end 4.21    Sec. 5. new text begin REPEALER. new text end 4.22 new text begin Laws 2005, chapter 162, section 34, subdivision 2, as amended by Laws 2009, new text end 4.23 new text begin chapter 101, article 2, section 95, new text end new text begin is repealed. new text end 4.24    Sec. 6. new text begin EFFECTIVE DATE. new text end 4.25 new text begin Sections 3 to 5 are effective the day following final enactment. new text end