SF 3134

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

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

1.1A bill for an act 1.2relating to government operations; setting date for the legislature to meet in 1.3even years; providing for monitoring management of permanent school fund 1.4lands; increasing the number of members on the Legislative Commission on 1.5Pensions and Retirement; defining certain powers of the Council on Black 1.6Minnesotans; allowing the legislative auditor to recover costs for certain financial 1.7audits; providing mapped data on expenditures; increasing agency deposit 1.8receipts; setting conditions for recipients of state grants and appropriations; 1.9establishing conditions for disposal of state-owned buildings; establishing 1.10requirements for financing agreements for state projects; requiring conditions 1.11for fleet management activities; modifying veteran-owned business preference; 1.12adding duties of the chief information officer; allowing expenditures associated 1.13with the combined charities campaign; modifying provisions for groundwater 1.14quality monitoring and resource recovery; clarifying jurisdiction of the Office 1.15of Enterprise Technology; modifying secretary of state records provisions; 1.16enhancing the state's tax collection process; creating Commission on Service 1.17Innovation; modifying provisions for campaign finance; requiring a strategic 1.18plan to improve state and local government delivery of services; establishing 1.19the Minnesota Innovation and Research Council; requiring certain studies; 1.20appropriating money;amending Minnesota Statutes 2008, sections 3.303, 1.21by adding a subdivision; 3.85, subdivision 3; 3.9225, subdivision 5; 3.971, 1.22by adding a subdivision; 10A.01, subdivision 18, by adding subdivisions; 1.2310A.12, by adding a subdivision; 10A.20, subdivisions 2, 4, 12; 10A.27, by 1.24adding subdivisions; 16A.125, subdivision 5; 16A.275; 16B.24, subdivision 1.253; 16B.322, subdivisions 4, 5; 16C.055, subdivision 2; 16E.04, subdivision 2; 1.2616E.05, by adding a subdivision; 43A.50, subdivision 2; 79.34, subdivision 1; 1.27103F.755; 103H.175, as amended; 115A.15, subdivisions 4, 9, 10; 127A.30, 1.28subdivision 2; 211B.01, subdivision 3; 211B.04; 211B.15, subdivisions 2, 3; 1.29216B.16, by adding a subdivision; 307.08, subdivision 5; 318.02, subdivision 1.301; 336.9-531; 336A.08, subdivisions 1, 4; 336A.14; 557.01; Minnesota Statutes 1.312009 Supplement, sections 16B.322, subdivisions 4a, 4b, 4c; 16C.16, subdivision 1.326a, as amended if enacted; 16E.02, subdivision 1; 365.46, subdivision 2; 379.05; 1.33Laws 2010, chapter 189, section 35, subdivision 1; proposing coding for new 1.34law in Minnesota Statutes, chapters 3; 5; 10; 10A; 16A; 16B; 465; proposing 1.35coding for new law as Minnesota Statutes, chapter 116W; repealing Minnesota 1.36Statutes 2008, sections 6.80; 211B.15, subdivision 12; Minnesota Statutes 2009 1.37Supplement, section 645.44, subdivision 19; Laws 2005, chapter 162, section 1.3834, subdivision 2, as amended. 2.1BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.2ARTICLE 1 2.3STATE GOVERNMENT 2.4    Section 1. new text begin [3.051] EVEN-YEAR SESSIONS. new text end 2.5 new text begin The legislature may not meet in regular session in an even-numbered year before the new text end 2.6 new text begin date set under section 202A.14 for the conduct of precinct caucuses. new text end 2.7    Sec. 2. Minnesota Statutes 2008, section 3.303, is amended by adding a subdivision to 2.8read: 2.9     new text begin Subd. 11. new text end new text begin Permanent school fund land management analyst. new text end new text begin The commission new text end 2.10 new text begin shall undertake activities that are necessary to advise the legislature and to monitor the new text end 2.11 new text begin executive branch on issues related to the management of permanent school fund lands. new text end 2.12 new text begin The commission may hire a lead analyst and other staff as necessary for this purpose. The new text end 2.13 new text begin commission shall: new text end 2.14 new text begin (1) monitor management of permanent school fund lands; new text end 2.15 new text begin (2) analyze the benefits derived from the fund; new text end 2.16 new text begin (3) actively participate in the work of the Permanent School Fund Advisory new text end 2.17 new text begin Committee under section 127A.30; new text end 2.18 new text begin (4) provide oversight to ensure that the state fulfills its fiduciary responsibilities to new text end 2.19 new text begin the permanent school fund as specified by the Minnesota Constitution and Minnesota new text end 2.20 new text begin Statutes; and new text end 2.21 new text begin (5) make effective recommendations to the Permanent School Fund Advisory new text end 2.22 new text begin Committee and the finance divisions and committees of the house of representatives new text end 2.23 new text begin and the senate. new text end 2.24 new text begin The purpose of this function is to maximize the long-term economic returns to the new text end 2.25 new text begin school trust lands consistent with the goals of section 127A.31. new text end 2.26 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2011. new text end 2.27    Sec. 3. Minnesota Statutes 2008, section 3.85, subdivision 3, is amended to read: 2.28    Subd. 3. Membership. The commission consists of five new text begin seven new text end members of the 2.29senate appointed by the Subcommittee on Committees of the Committee on Rules and 2.30Administration and five new text begin seven new text end members of the house of representatives appointed by 2.31the speaker. new text begin No more than five members from each chamber may be from the majority new text end 2.32 new text begin caucus in that chamber. new text end Members shall be appointed at the commencement of each regular 3.1session of the legislature for a two-year term beginning January 16 of the first year of the 3.2regular session. Members continue to serve until their successors are appointed. Vacancies 3.3that occur while the legislature is in session shall be filled like regular appointments. If the 3.4legislature is not in session, senate vacancies shall be filled by the last Subcommittee on 3.5Committees of the senate Committee on Rules and Administration or other appointing 3.6authority designated by the senate rules, and house of representatives vacancies shall be 3.7filled by the last speaker of the house, or if the speaker is not available, by the last chair of 3.8the house of representatives Rules Committee. 3.9    Sec. 4. Minnesota Statutes 2008, section 3.9225, subdivision 5, is amended to read: 3.10    Subd. 5. Powers. new text begin (a) new text end The council may contract in its own name, but no money shall 3.11be accepted or received as a loan nor indebtedness incurred except as otherwise provided 3.12by law. Contracts shall be approved by a majority of the members of the council and 3.13executed by the chair and the executive director. The council may apply for, receive, and 3.14expend in its own name grants and gifts of money consistent with the power and duties 3.15specified in subdivisions 1 to 7. 3.16 new text begin (b) The council may solicit and accept payments for advertising, use of exhibition new text end 3.17 new text begin space, or commemorative videos or other items in connection with publications, events, new text end 3.18 new text begin media productions, and informational programs that are sponsored by the council. These new text end 3.19 new text begin revenues must be deposited in an account in the special revenue fund and are appropriated new text end 3.20 new text begin to the council to defray costs of publications, events, media productions, or informational new text end 3.21 new text begin programs consistent with the powers and duties specified in subdivisions 1 to 7. The new text end 3.22 new text begin council may not publish advertising or provide exhibition space for any elected official new text end 3.23 new text begin or candidate for elective office. The council must report by January 15 each year to the new text end 3.24 new text begin chairs and ranking minority members of the house of representatives and senate funding new text end 3.25 new text begin divisions with jurisdiction over the council on the amount and source of each payment new text end 3.26 new text begin received under this paragraph in the prior fiscal year. new text end 3.27 new text begin (c) new text end The council shall appoint an executive director who is experienced in 3.28administrative activities and familiar with the problems and needs of Black people. The 3.29council may delegate to the executive director powers and duties under subdivisions 1 to 7 3.30which do not require council approval. The executive director serves in the unclassified 3.31service and may be removed at any time by the council. The executive director shall 3.32recommend to the council, and the council may appoint the appropriate staff necessary to 3.33carry out its duties. Staff members serve in the unclassified service. The commissioner of 3.34administration shall provide the council with necessary administrative services. 4.1    Sec. 5. new text begin [3.9715] PAYMENT FROM HERITAGE FUNDS FOR AUDIT COSTS. new text end 4.2 new text begin The outdoor heritage fund, the clean water fund, the parks and trails fund, and the new text end 4.3 new text begin arts and cultural heritage fund, established in the Minnesota Constitution, article XI, new text end 4.4 new text begin section 15, must each pay the legislative auditor for costs incurred by the legislative new text end 4.5 new text begin auditor to examine financial activities related to each fund. The legislative auditor shall new text end 4.6 new text begin provide cost data to the commissioner of management and budget to determine the amount new text end 4.7 new text begin of the required payments. The amount required to make these payments is appropriated new text end 4.8 new text begin from each fund for payments to the legislative auditor under this section. Amounts new text end 4.9 new text begin received by the legislative auditor under this section are appropriated to the legislative new text end 4.10 new text begin auditor for purposes of examining financial activities related to each fund. The legislative new text end 4.11 new text begin auditor shall report by January 15 each year to the chairs and ranking minority members of new text end 4.12 new text begin the house of representatives and senate funding divisions with jurisdiction over the Office new text end 4.13 new text begin of the Legislative Auditor and the funds established in the Minnesota Constitution, article new text end 4.14 new text begin XI, section 15, on past and projected future expenditure of funds under this section. new text end 4.15    Sec. 6. new text begin [5.025] ELECTION DAY VOLUNTEERS. new text end 4.16 new text begin The secretary of state may use unpaid secretary of state trained volunteers to assist new text end 4.17 new text begin the Office of the Secretary of State in providing customer service information on election new text end 4.18 new text begin days. new text end 4.19    Sec. 7. new text begin [10.61] TWO-SIDED PRINTING. new text end 4.20 new text begin A printer operated by an entity in the state executive, legislative, or judicial branch new text end 4.21 new text begin must be configured so that the default print option is for two-sided printing if it is feasible new text end 4.22 new text begin to set two-sided printing as the default. new text end 4.23    Sec. 8. Minnesota Statutes 2008, section 10A.01, subdivision 18, is amended to read: 4.24    Subd. 18. Independent expenditure. "Independent expenditure" means an 4.25expenditure expressly advocating the election or defeat of a clearly identified candidate, 4.26if the expenditure is made without the express or implied consent, authorization, or 4.27cooperation of, and not in concert with or at the request or suggestion of, any candidate or 4.28any candidate's principal campaign committee or agent. An independent expenditure is 4.29not a contribution to that candidate. An expenditure by a political party or political party 4.30unit in a race where the political party has a candidate on the ballot is not an independent 4.31expenditure new text begin An independent expenditure does not include the act of announcing a formal new text end 4.32 new text begin public endorsement of a candidate for public office, unless the act is simultaneously new text end 5.1 new text begin accompanied by an expenditure that would otherwise qualify as an independent new text end 5.2 new text begin expenditure under this subdivision new text end . 5.3 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 5.4    Sec. 9. Minnesota Statutes 2008, section 10A.01, is amended by adding a subdivision 5.5to read: 5.6     new text begin Subd. 37. new text end new text begin Independent expenditure political committee. new text end new text begin "Independent new text end 5.7 new text begin expenditure political committee" means a political committee that makes only independent new text end 5.8 new text begin expenditures and disbursements permitted under section 10A.121, subdivision 1. new text end 5.9    Sec. 10. Minnesota Statutes 2008, section 10A.01, is amended by adding a subdivision 5.10to read: 5.11     new text begin Subd. 38. new text end new text begin Independent expenditure political fund. new text end new text begin "Independent expenditure new text end 5.12 new text begin political fund" means a political fund that makes only independent expenditures and new text end 5.13 new text begin disbursements permitted under section 10A.121, subdivision 1. new text end 5.14    Sec. 11. Minnesota Statutes 2008, section 10A.12, is amended by adding a subdivision 5.15to read: 5.16     new text begin Subd. 1a. new text end new text begin When required for independent expenditures. new text end new text begin An association other new text end 5.17 new text begin than a political committee that makes only independent expenditures and disbursements new text end 5.18 new text begin permitted under section 10A.121, subdivision 1, must do so by forming and registering new text end 5.19 new text begin an independent expenditure political fund if the expenditure is in excess of $100 or by new text end 5.20 new text begin contributing to an existing independent expenditure political committee or political fund. new text end 5.21    Sec. 12. new text begin [10A.121] INDEPENDENT EXPENDITURE POLITICAL new text end 5.22 new text begin COMMITTEES AND INDEPENDENT EXPENDITURE POLITICAL FUNDS. new text end 5.23     new text begin Subdivision 1. new text end new text begin Permitted disbursements. new text end new text begin An independent expenditure political new text end 5.24 new text begin committee or an independent expenditure political fund, in addition to making independent new text end 5.25 new text begin expenditures, may: new text end 5.26 new text begin (1) pay costs associated with its fund-raising and general operations; new text end 5.27 new text begin (2) pay for communications that do not constitute contributions or approved new text end 5.28 new text begin expenditures; and new text end 5.29 new text begin (3) make contributions to other independent expenditure political committees or new text end 5.30 new text begin independent expenditure political funds. new text end 6.1     new text begin Subd. 2. new text end new text begin Penalty. new text end new text begin An independent expenditure political committee or independent new text end 6.2 new text begin expenditure political fund is subject to a civil penalty of up to four times the amount of the new text end 6.3 new text begin contribution or approved expenditure if it does the following: new text end 6.4 new text begin (1) makes a contribution to a candidate, party unit, political committee, or political new text end 6.5 new text begin fund other than an independent expenditure political committee or an independent new text end 6.6 new text begin expenditure political fund; or new text end 6.7 new text begin (2) makes an approved expenditure. new text end 6.8 new text begin This penalty supersedes any penalty otherwise provided in statute. new text end 6.9    Sec. 13. Minnesota Statutes 2008, section 10A.20, subdivision 2, is amended to read: 6.10    Subd. 2. Time for filing. (a) The reports must be filed with the board on or before 6.11January 31 of each year and additional reports must be filed as required and in accordance 6.12with paragraphs (b) and (c). 6.13(b) In each year in which the name of the candidate is on the ballot, the report of 6.14the principal campaign committee must be filed 15 days before a primary and ten days 6.15before a general election, seven days before a special primary and a special election, 6.16and ten days after a special election cycle. 6.17(c) In each general election year, a political committee, political fund, or party 6.18unit must file reports new text begin 28 and new text end 15 days before a primary and ten new text begin 42 and 15 new text end days before a 6.19general election. new text begin Beginning in 2012, reports required under this paragraph must also be new text end 6.20 new text begin filed 56 days before a primary. new text end 6.21    Sec. 14. Minnesota Statutes 2008, section 10A.20, subdivision 4, is amended to read: 6.22    Subd. 4. Period of report. A report must cover the period from the last day covered 6.23by the previous report new text begin January 1 of the reporting year new text end to seven days before the filing date, 6.24except that the report due on January 31 must cover the period from the last day covered 6.25by the previous report to December 31. 6.26    Sec. 15. Minnesota Statutes 2008, section 10A.20, subdivision 12, is amended to read: 6.27    Subd. 12. Failure to file; penalty. The board must send a notice by certified mail 6.28to any individual who fails to file a statement required by this section. If an individual 6.29fails to file a statement due January 31 within ten business days after the notice was sent, 6.30the board may impose a late filing fee of $5 new text begin $25 new text end per day, not to exceed $100 new text begin $1,000 new text end , 6.31commencing with the 11th day after the notice was sent. 6.32If an individual fails to file a statement due before a primary or election within three 6.33days after the date due, regardless of whether the individual has received any notice, the 7.1board may impose a late filing fee of $50 per day, not to exceed $500 new text begin $1,000 new text end , commencing 7.2on the fourth day after the date the statement was due. 7.3The board must send an additional notice by certified mail to an individual who fails 7.4to file a statement within 14 days after the first notice was sent by the board that the 7.5individual may be subject to a civil penalty for failure to file a statement. An individual 7.6who fails to file the statement within seven days after the second notice was sent by the 7.7board is subject to a civil penalty imposed by the board of up to $1,000. 7.8 new text begin EFFECTIVE DATE. new text end new text begin This section is effective June 1, 2010, and applies to new text end 7.9 new text begin statements required to be filed on or after that date. new text end 7.10    Sec. 16. Minnesota Statutes 2008, section 10A.27, is amended by adding a subdivision 7.11to read: 7.12     new text begin Subd. 14. new text end new text begin Contributions of business revenue. new text end new text begin An association may, if not new text end 7.13 new text begin prohibited by other law, contribute revenue from the operation of a business to an new text end 7.14 new text begin independent expenditure political committee or an independent expenditure political fund new text end 7.15 new text begin without complying with section 10A.27, subdivision 13. new text end 7.16    Sec. 17. Minnesota Statutes 2008, section 10A.27, is amended by adding a subdivision 7.17to read: 7.18     new text begin Subd. 15. new text end new text begin Contributions of dues or contribution revenue. new text end new text begin An association may, new text end 7.19 new text begin if not prohibited by other law, contribute revenue from membership dues or fees, or new text end 7.20 new text begin from contributions received by the association to an independent expenditure political new text end 7.21 new text begin committee or an independent expenditure political fund without complying with section new text end 7.22 new text begin 10A.27, subdivision 13. Before the day when the recipient committee or fund's next report new text end 7.23 new text begin must be filed with the board under section 10A.20, subdivision 2 or 5, an association new text end 7.24 new text begin that has contributed $2,000 or more in aggregate to independent expenditure political new text end 7.25 new text begin committees or funds during the calendar year must provide in writing to the recipient's new text end 7.26 new text begin treasurer a statement that includes the name and address of each association that paid the new text end 7.27 new text begin association dues or fees, or made contributions to the association that, in total, aggregate new text end 7.28 new text begin $1,000 or more between January 1 of the calendar year and the date of the contribution. new text end 7.29 new text begin The statement must be certified as true and correct by an officer of the contributing new text end 7.30 new text begin association. new text end 7.31    Sec. 18. Minnesota Statutes 2008, section 10A.27, is amended by adding a subdivision 7.32to read: 8.1     new text begin Subd. 16. new text end new text begin Treasurer to submit disclosure statements. new text end new text begin The treasurer of a political new text end 8.2 new text begin committee or political fund receiving a statement required under section 10A.27, new text end 8.3 new text begin subdivision 15, must file a copy of the statement before the deadline for the committee new text end 8.4 new text begin or fund's next report filed with the board under section 10A.20, subdivision 2 or 5, after new text end 8.5 new text begin receiving the statement. new text end 8.6    Sec. 19. Minnesota Statutes 2008, section 10A.27, is amended by adding a subdivision 8.7to read: 8.8     new text begin Subd. 17. new text end new text begin Penalty. new text end new text begin (a) An association that makes a contribution under section new text end 8.9 new text begin 10A.27, subdivision 15, and fails to provide the required statement within the time new text end 8.10 new text begin specified is subject to a civil penalty of up to four times the amount of the contribution, new text end 8.11 new text begin but not to exceed $25,000, except when the violation was intentional. new text end 8.12 new text begin (b) An independent expenditure political committee or an independent expenditure new text end 8.13 new text begin political fund that files a report without including the statement required under section new text end 8.14 new text begin 10A.27, subdivision 15, is subject to a civil penalty of up to four times the amount of the new text end 8.15 new text begin contribution for which disclosure was not filed, but not to exceed $25,000, except when new text end 8.16 new text begin the violation was intentional. new text end 8.17 new text begin (c) The penalties provided under this subdivision supersede any penalty otherwise new text end 8.18 new text begin provided in statute. new text end 8.19    Sec. 20. new text begin [16A.0561] MAPPED DATA ON EXPENDITURES. new text end 8.20 new text begin (a) Data on expenditure of money from the funds as specified under sections new text end 8.21 new text begin 3.303, subdivision 10, and 116P.08, may, if practicable, be made available on the Web new text end 8.22 new text begin in a manner that allows the public to obtain information about a project receiving an new text end 8.23 new text begin appropriation by clicking on a map. To the extent feasible, the map should include or link new text end 8.24 new text begin to information about each project, including, but not limited to, the location, the name new text end 8.25 new text begin of the entity receiving the appropriation, the source of the appropriation, the amount of new text end 8.26 new text begin money received, and a general statement of the purpose of the appropriation. new text end 8.27 new text begin (b) If requested, the Legislative Coordinating Commission may, to the extent new text end 8.28 new text begin practicable, provide relevant executive branch agencies with public geospatial data that it new text end 8.29 new text begin receives for its Web site required under section 3.303, subdivision 10. The commissioner new text end 8.30 new text begin may make this information available to the public in a similar manner as information new text end 8.31 new text begin provided under paragraph (a). new text end 8.32 new text begin (c) In creating plans for public expenditures from all geographically locatable or new text end 8.33 new text begin project based appropriations, prospective budget and project planning should consider new text end 8.34 new text begin geographic and data reporting that would facilitate the goals of this section. new text end 9.1    Sec. 21. Minnesota Statutes 2008, section 16A.125, subdivision 5, is amended to read: 9.2    Subd. 5. Forest trust lands. (a) The term "state forest trust fund lands" as used 9.3in this subdivision, means public land in trust under the Constitution set apart as "forest 9.4lands under the authority of the commissioner" of natural resources as defined by section 9.589.001, subdivision 13 . 9.6(b) The commissioner of management and budget shall credit the revenue from the 9.7forest trust fund lands to the forest suspense account. The account must specify the trust 9.8funds interested in the lands and the respective receipts of the lands. 9.9(c) After a fiscal year, the commissioner of management and budget shall certify the 9.10total costs incurred for forestry during that year under appropriations for the protection, 9.11improvement, administration, and management of state forest trust fund lands and 9.12construction and improvement of forest roads to enhance the forest value of the lands. 9.13The certificate must specify the trust funds interested in the lands. The commissioner of 9.14natural resources shall supply the commissioner of management and budget with the 9.15information needed for the certificate. 9.16(d) After a fiscal year, the commissioner shall distribute the receipts credited to the 9.17suspense account during that fiscal year as follows: 9.18(1) the amount of the certified costs incurred by the state for forest management, 9.19forest improvement, and road improvement during the fiscal year shall be transferred to 9.20the forest management investment account established under section 89.039 new text begin , including new text end 9.21 new text begin the costs associated with the Legislative Coordinating Commission's permanent school new text end 9.22 new text begin fund land management activities new text end ; 9.23(2) the balance of the certified costs incurred by the state during the fiscal year 9.24shall be transferred to the general fund; and 9.25(3) the balance of the receipts shall then be returned prorated to the trust funds in 9.26proportion to their respective interests in the lands which produced the receipts. 9.27 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2011. new text end 9.28    Sec. 22. Minnesota Statutes 2008, section 16A.275, is amended to read: 9.2916A.275 AGENCY RECEIPTS; DEPOSIT, REPORT, CREDIT. 9.30    Subdivision 1. If $250, daily. new text begin Deposit receipts. new text end Except as otherwise provided by 9.31law, an agency shall deposit receipts totaling $250 new text begin $1,000 new text end or more in the state treasury 9.32daily. The depositing agency shall send a report to the commissioner on the disposition of 9.33receipts since the last report. The commissioner shall credit the deposits received during a 9.34month to the proper funds not later than the first day of the next month. 10.1Notwithstanding the general rule stated above, the commissioner of revenue is not 10.2required to make daily deposits if (1) the volume of tax receipts cannot be processed daily 10.3with available resources, or (2) receipts cannot be immediately identified for posting to 10.4accounts. 10.5    Subd. 2. Exception. The commissioner may authorize an agency to deposit 10.6receipts totaling $250 new text begin $1,000 new text end or more less frequently than daily for those locations where 10.7the agency furnishes documentation to the commissioner that the cost of making daily 10.8deposits exceeds the lost interest earnings and the risk of loss or theft of the receipts. 10.9    Sec. 23. new text begin [16A.371] RECIPIENTS OF STATE GRANTS AND APPROPRIATIONS. new text end 10.10     new text begin (a) This section applies to a nonprofit organization that receives a direct appropriation new text end 10.11 new text begin of state funds or that receives a grant of state funds, if during the period covered by the new text end 10.12 new text begin appropriation or grant an officer or employee of the organization will receive a salary from new text end 10.13 new text begin the nonprofit organization or a related organization that exceeds the salary of the governor. new text end 10.14 new text begin As a condition of receiving the direct appropriation or grant, a nonprofit organization new text end 10.15 new text begin covered by this section must agree that the organization will submit to the attorney new text end 10.16 new text begin general, during each year that the organization receives a direct appropriation or grant of new text end 10.17 new text begin state funds, a list of the total compensation of the three highest paid directors, officers, new text end 10.18 new text begin or employees of the organization. The attorney general must make filings under this new text end 10.19 new text begin paragraph public in the same manner as annual reports filed under section new text end new text begin . new text end 10.20     new text begin (b) This section also applies to a health maintenance organization, as defined in new text end 10.21 new text begin section new text end new text begin 62D.02, subdivision 4 new text end new text begin , that has a contract to provide services to the state or to state new text end 10.22 new text begin employees, if an officer or employee of the organization receives a salary that exceeds new text end 10.23 new text begin the salary of the governor. new text end 10.24     new text begin (c) For purposes of this section: new text end 10.25     new text begin (1) "nonprofit organization" includes a corporation, partnership, limited partnership, new text end 10.26 new text begin limited liability company, joint venture, cooperative, association, or trust, wherever new text end 10.27 new text begin incorporated, organized, or registered, if the organization is organized on a nonprofit basis; new text end 10.28     new text begin (2) "related organization" has the meaning defined in section new text end new text begin 317A.011, subdivision new text end 10.29 new text begin 18 new text end new text begin ; and new text end 10.30     new text begin (3) "total compensation" means salaries, fees, bonuses, fringe benefits, severance new text end 10.31 new text begin payments, and deferred compensation. new text end 10.32    Sec. 24. Minnesota Statutes 2008, section 16B.24, subdivision 3, is amended to read: 10.33    Subd. 3. Disposal of old buildings. new text begin (a) Upon request from the head of an agency new text end 10.34 new text begin with control of a state-owned building with an estimated market value of less than new text end 11.1 new text begin $50,000, as determined by the commissioner, the commissioner may sell, demolish, or new text end 11.2 new text begin otherwise dispose of the building if the commissioner determines that the building is no new text end 11.3 new text begin longer used or is a fire or safety hazard. new text end 11.4The commissioner, new text begin (b) new text end Upon request of the head of an agency which has new text begin with new text end control 11.5of a state-owned building which is no longer used or which is a fire or safety hazard, shall, new text begin new text end 11.6 new text begin with an estimated market value of $50,000 or more, as determined by the commissioner, new text end 11.7 new text begin the commissioner may sell, demolish, or otherwise dispose of the building new text end after 11.8 new text begin determining that the building is no longer used or is a fire or safety hazard and new text end obtaining 11.9approval of the chairs of the senate Finance Committee and house of representatives Ways 11.10and Means Committee, sell, wreck, or otherwise dispose of the building. 11.11 new text begin (c) new text end In the event a sale is made new text begin under this subdivision, new text end the proceeds shall be deposited 11.12in the proper account or in the general fund new text begin provided by law. If there is no requirement in new text end 11.13 new text begin law specifying how proceeds must be deposited other than section 16A.72, the proceeds new text end 11.14 new text begin must be deposited in the account from which the appropriation to acquire or construct the new text end 11.15 new text begin building was made. If the account from which the appropriation was made cannot be new text end 11.16 new text begin identified or has been terminated, the proceeds must be deposited in the general fund new text end . 11.17    Sec. 25. Minnesota Statutes 2008, section 16B.322, subdivision 4, is amended to read: 11.18    Subd. 4. Financing agreement. The commissioner shall solicit proposals from 11.19private financial institutions new text begin on an individual project or line of credit basis new text end and may enter 11.20into a financing agreement with one or more financial institutions. new text begin If a financing agreement new text end 11.21 new text begin is for an individual project, new text end the term of the financing agreement shall not exceed 15 years 11.22from the date of final completion of the energy improvement project. The new text begin and a new text end financing 11.23agreement is assignable to the state agency operating or managing the state building or 11.24facility improved by the energy improvement project. new text begin The term of a financing agreement new text end 11.25 new text begin on an individual project basis must be less than the average expected useful life of the new text end 11.26 new text begin energy saving measures implemented under the project. new text end The proceeds from the financing 11.27agreement are appropriated to the commissioner and may be used for the purposes of 11.28this section and are available until spent. 11.29    Sec. 26. Minnesota Statutes 2009 Supplement, section 16B.322, subdivision 4a, 11.30is amended to read: 11.31    Subd. 4a. Financing agreement. The commissioner of administration may, in 11.32connection with a financing agreement, covenant in a master lease-purchase agreement 11.33that the state will abide by the terms and provisions that are customary in net lease or 11.34lease-purchase transactions including, but not limited to, covenants providing that the state: 12.1(1) will maintain insurance as required under the terms of the lease agreement; 12.2(2) is responsible to the lessor for any public liability or property damage claims or 12.3costs related to the selection, use, or maintenance of the leased equipment, to the extent of 12.4insurance or self-insurance maintained by the lessee, and for costs and expenses incurred 12.5by the lessor as a result of any default by the lessee; 12.6(3) authorizes the lessor to exercise the rights of a secured party with respect to the 12.7equipment subject to the lease in the event of default by the lessee and, in addition, for 12.8the present recovery of lease rentals due during the current term of the lease as liquidated 12.9damages. 12.10    Sec. 27. Minnesota Statutes 2009 Supplement, section 16B.322, subdivision 4b, 12.11is amended to read: 12.12    Subd. 4b. Master lease-purchase agreements not debt. A tax-exempt 12.13lease-purchase agreement related to a financing agreement new text begin under this section new text end does not 12.14constitute or create a general or moral obligation or indebtedness of the state in excess 12.15of the money from time to time appropriated or otherwise available for the payment of 12.16rent coming due under the lease, and the state has no continuing obligation to appropriate 12.17money for the payment of rent or other obligations under the lease new text begin agreement new text end . Rent due 12.18under a master lease-purchase new text begin financing new text end agreement new text begin under this section new text end during a current 12.19lease term for which money has been appropriated is a current expense of the state. 12.20    Sec. 28. Minnesota Statutes 2009 Supplement, section 16B.322, subdivision 4c, 12.21is amended to read: 12.22    Subd. 4c. Budget offset. new text begin The commissioner shall require a state agency that uses new text end 12.23 new text begin the state energy improvement program to certify that the agency will budget, allocate, and new text end 12.24 new text begin commit agency funds sufficient to make rent payments under a financing agreement until new text end 12.25 new text begin all rent obligations are paid in full. In the event a participating agency fails to make a new text end 12.26 new text begin rent payment, new text end the commissioner of management and budget shall reduce the operating 12.27budgets new text begin budget new text end of new text begin the new text end state agencies that use the master lease-purchase program under a 12.28financial agreement new text begin agency new text end . The amount of the reduction is the amount sufficient to 12.29make the actual master lease payments. 12.30    Sec. 29. Minnesota Statutes 2008, section 16B.322, subdivision 5, is amended to read: 12.31    Subd. 5. Qualifying energy improvement projects. The commissioner may 12.32approve an energy improvement project and enter into new text begin for new text end a financing agreement if the 12.33commissioner determines that: 13.1    (1) the project and new text begin project new text end financing agreement have been approved by the governing 13.2body or head of the state agency that operates or manages the state building or facility to 13.3be improved; 13.4    (2) the project is technically and economically feasible; 13.5    (3) the state agency that operates or manages the state building or facility has made 13.6adequate provision for the operation and maintenance of the project; 13.7    (4) if an energy efficiency improvement, the project is calculated to result in a 13.8positive cash flow in each year the financing agreement is in effect; 13.9    (5) the project proposer has fully explored the use of conservation investment plan 13.10opportunities under section 216B.241 with the utilities providing gas and electric service 13.11to the energy improvement project; 13.12    (6) if a renewable energy improvement, the project is calculated to reduce use of 13.13fossil-fuel energy; and 13.14    (7) if a geothermal energy improvement, the project is calculated to produce savings 13.15in terms of nongeothermal energy and costs. 13.16For the purpose of clause (6), "renewable energy" is energy produced by an eligible energy 13.17technology as defined in section 216B.1691, subdivision 1, paragraph (a), clause (1). 13.18    Sec. 30. new text begin [16B.535] FLEET MANAGEMENT; CONSOLIDATION. new text end 13.19 new text begin (a) The Department of Administration shall ensure optimum efficiency and economy new text end 13.20 new text begin in the fleet management activities of all state agencies. The department must: new text end 13.21 new text begin (1) maintain a current fleet management inventory and maintenance cost accounting new text end 13.22 new text begin system that includes all state-owned or leased motor vehicles; new text end 13.23 new text begin (2) develop uniform state policies and guidelines for vehicle acquisition, new text end 13.24 new text begin replacement, use, fuel, maintenance, and recording of operational and other costs; and new text end 13.25 new text begin (3) study the cost-effectiveness of consolidating or privatizing the state vehicle fleet new text end 13.26 new text begin or sections of the state vehicle fleet, including documenting the current status of fleet new text end 13.27 new text begin consolidation or privatization and assessing the cost-effectiveness of further consolidation new text end 13.28 new text begin or privatization of the state vehicle fleet. new text end 13.29 new text begin (b) When requested by the governor or the legislature, the department must submit new text end 13.30 new text begin information detailing the costs associated with fleet operations based upon a statewide new text end 13.31 new text begin uniform cost accounting system. new text end 13.32 new text begin (c) State agencies authorized by the Department of Administration may operate new text end 13.33 new text begin a vehicle fleet management program. Each such agency shall assign a fleet manager new text end 13.34 new text begin who shall operate the agency's fleet program in accordance with policies and guidelines new text end 13.35 new text begin established by the Department of Administration. new text end 14.1 new text begin (d) Each fleet manager must review the use of state-owned or leased vehicles within new text end 14.2 new text begin their agency at least annually to determine whether vehicle utilization meets best practices new text end 14.3 new text begin criteria as determined by the Department of Administration. new text end 14.4    Sec. 31. Minnesota Statutes 2008, section 16C.055, subdivision 2, is amended to read: 14.5    Subd. 2. Restriction. After July 1, 2002, an agency may not new text begin enter into a new text end contract or 14.6otherwise agree with a nongovernmental entity to receive total nonmonetary consideration 14.7valued at more than $100,000 new text begin annually new text end in exchange for the agency providing nonmonetary 14.8consideration, unless such an agreement is specifically authorized by law. This subdivision 14.9does not apply to the State Lottery. 14.10    Sec. 32. Minnesota Statutes 2009 Supplement, section 16C.16, subdivision 6a, as 14.11amended by 2010 S.F. No. 2737, article 2, section 3, if enacted, is amended to read: 14.12    Subd. 6a. Veteran-owned small businesses. (a) The commissioner shall award 14.13up to a six percent preference, but no less than the percentage awarded to any other 14.14group under this section new text begin except when mandated by the federal government as a condition new text end 14.15 new text begin of receiving federal funds new text end , in the amount bid on state procurement to certified small 14.16businesses that are majority-owned and operated by: 14.17    (1) recently separated veterans who have served in active military service, at any 14.18time on or after September 11, 2001, and who have been discharged under honorable 14.19conditions from active service, as indicated by the person's United States Department of 14.20Defense form DD-214 or by the commissioner of veterans affairs; 14.21    (2) veterans with service-connected disabilities, as determined at any time by the 14.22United States Department of Veterans Affairs; or 14.23    (3) any other veteran-owned small businesses certified under section 16C.19, 14.24paragraph (d). 14.25    (b) The purpose of this designation is to facilitate the transition of veterans from 14.26military to civilian life, and to help compensate veterans for their sacrifices, including but 14.27not limited to their sacrifice of health and time, to the state and nation during their military 14.28service, as well as to enhance economic development within Minnesota. 14.29    Sec. 33. Minnesota Statutes 2009 Supplement, section 16E.02, subdivision 1, is 14.30amended to read: 14.31    Subdivision 1. Office management and structure. (a) The chief information officer 14.32is appointed by the governor. The chief information officer serves in the unclassified 14.33service at the pleasure of the governor. The chief information officer must have experience 15.1leading enterprise-level information technology organizations. The chief information 15.2officer is the state's chief information officer and information and telecommunications 15.3technology advisor to the governor. 15.4(b) The chief information officer may appoint other employees of the office. 15.5The staff of the office must include individuals knowledgeable in information and 15.6telecommunications technology systems and services and individuals with specialized 15.7training in information security and accessibility. 15.8 new text begin (c) The chief information officer may appoint a Webmaster responsible for the new text end 15.9 new text begin supervision and development of state Web sites under the control of the office. The new text end 15.10 new text begin Webmaster, if appointed, shall ensure that these Web sites are maintained in an easily new text end 15.11 new text begin accessible format that is consistent throughout state government and are consistent new text end 15.12 new text begin with the accessibility standards developed under section 16E.03, subdivision 9. The new text end 15.13 new text begin Webmaster, if appointed, shall provide assistance and guidance consistent with the new text end 15.14 new text begin requirements of this paragraph to other state agencies for the maintenance of other Web new text end 15.15 new text begin sites not under the direct control of the office. new text end 15.16    Sec. 34. Minnesota Statutes 2008, section 16E.04, subdivision 2, is amended to read: 15.17    Subd. 2. Responsibilities. (a) In addition to other activities prescribed by law, the 15.18office shall carry out the duties set out in this subdivision. 15.19    (b) The office shall develop and establish a state information architecture to ensure new text begin : new text end 15.20 new text begin (1) new text end that state agency development and purchase of information and communications 15.21systems, equipment, and services is designed to ensure that individual agency information 15.22systems complement and do not needlessly duplicate or conflict with the systems of other 15.23agencies new text begin ; and new text end 15.24 new text begin (2) enhanced public access to data can be provided consistent with standards new text end 15.25 new text begin developed under section 16E.05, subdivision 4 new text end . 15.26When state agencies have need for the same or similar public data, the chief information 15.27officer, in coordination with the affected agencies, shall manage the most efficient and 15.28cost-effective method of producing and storing data for or sharing data between those 15.29agencies. The development of this information architecture must include the establishment 15.30of standards and guidelines to be followed by state agencies. The office shall ensure 15.31compliance with the architecture. 15.32    (c) The office shall assist state agencies in the planning and management of 15.33information systems so that an individual information system reflects and supports the 15.34state agency's mission and the state's requirements and functions. The office shall review 15.35and approve agency technology plans to ensure consistency with enterprise information 16.1and telecommunications technology strategy. By January 15 of each year, the chief 16.2information officer must report to the chairs and the ranking minority members of 16.3the legislative committees and divisions with jurisdiction over the office regarding the 16.4assistance provided under this paragraph. The report must include a listing of agencies 16.5that have developed or are developing plans under this paragraph. 16.6    (d) The office shall review and approve agency requests for funding for the 16.7development or purchase of information systems equipment or software before the 16.8requests may be included in the governor's budget. 16.9    (e) The office shall review major purchases of information systems equipment to: 16.10    (1) ensure that the equipment follows the standards and guidelines of the state 16.11information architecture; 16.12    (2) ensure the agency's proposed purchase reflects a cost-effective policy regarding 16.13volume purchasing; and 16.14    (3) ensure that the equipment is consistent with other systems in other state agencies 16.15so that data can be shared among agencies, unless the office determines that the agency 16.16purchasing the equipment has special needs justifying the inconsistency. 16.17    (f) The office shall review the operation of information systems by state agencies 16.18and ensure that these systems are operated efficiently and securely and continually meet 16.19the standards and guidelines established by the office. The standards and guidelines must 16.20emphasize uniformity that is cost-effective for the enterprise, that encourages information 16.21interchange, open systems environments, and portability of information whenever 16.22practicable and consistent with an agency's authority and chapter 13. 16.23    (g) The office shall conduct a comprehensive review at least every three years of 16.24the information systems investments that have been made by state agencies and higher 16.25education institutions. The review must include recommendations on any information 16.26systems applications that could be provided in a more cost-beneficial manner by an outside 16.27source. The office must report the results of its review to the legislature and the governor. 16.28    Sec. 35. Minnesota Statutes 2008, section 16E.05, is amended by adding a subdivision 16.29to read: 16.30     new text begin Subd. 4. new text end new text begin Standards for transparency. new text end new text begin The chief information officer, in consultation new text end 16.31 new text begin with the Information Policy Analysis Division of the Department of Administration, new text end 16.32 new text begin shall develop standards to enhance public access to electronic data maintained by state new text end 16.33 new text begin government, consistent with the requirements of chapter 13. The standards must ensure new text end 16.34 new text begin that: new text end 16.35 new text begin (1) the state information architecture facilitates public access to agency data; new text end 17.1 new text begin (2) publicly available data is managed using an approved state metadata model; and new text end 17.2 new text begin (3) all geospatial data conform to an approved state geocode model. new text end 17.3    Sec. 36. Minnesota Statutes 2008, section 43A.50, subdivision 2, is amended to read: 17.4    Subd. 2. Registration. (a) A federated funding organization shall apply to the 17.5commissioner by March 1 in order to be eligible to participate in the state employee 17.6combined charities campaign for that year. 17.7(b) A federated funding organization must apply in the form prescribed by the 17.8commissioner and shall provide the following: 17.9(1) assurance of tax exempt status for the federated funding organization and each of 17.10the charitable agencies identified by the federated funding organization as an affiliated 17.11agency; 17.12(2) assurance of proper registration with the attorney general of Minnesota to solicit 17.13contributions in the state of Minnesota for the federated funding organization and each of 17.14the charitable agencies identified by the federated funding organization as an affiliated 17.15agency. A copy of the registration letter in effect at the time of application for the state 17.16employee combined charities campaign must be available upon request; 17.17(3) an affidavit signed by a duly constituted officer of the federated funding 17.18organization attesting to the fact that the federated funding organization and its affiliated 17.19agencies are in compliance with each of the provisions of this section; 17.20(4) a list of the board of directors or local advisory board for the federated funding 17.21organization which identifies the members who live or work in Minnesota and contiguous 17.22counties; 17.23(5) a list of the name and business address of each affiliated agency the federated 17.24funding organization supports; 17.25(6) a list of any related organizations, as defined in section 317A.011, subdivision 18; 17.26(7) the total contributions received in the organization's accounting year last 17.27reported and, from those contributions, the amounts expended by the federated funding 17.28organization for management and general costs and for fund-raising costs and the amount 17.29distributed to the affiliated agencies, programs, and designated agencies it supports; and 17.30(8) a fee of $100, or ten percent of the funds raised from state employees in 17.31the previous campaign, whichever is less. The fee for an organization which did not 17.32participate in the previous year's state employee campaign is $100. new text begin These fees must new text end 17.33 new text begin be deposited into an account in the special revenue fund and are appropriated to the new text end 17.34 new text begin commissioner to be expended with the approval of the Combined Charities Board in new text end 17.35 new text begin section 43A.04 for costs associated with administering the annual campaign. new text end 18.1The commissioner may require submission of additional information needed to 18.2determine compliance with the provisions of this chapter. 18.3(c) The commissioner shall register or not register the application of an organization 18.4and shall notify the organization of the decision by May 1. An organization whose 18.5application is denied has ten calendar days after receiving notice of the denial to appeal 18.6the decision or file an amended application correcting the deficiency. The commissioner 18.7shall register or not register the organization within ten calendar days after receiving the 18.8appeal or amended application. If registration is denied a second time, the organization 18.9may appeal within five calendar days after receiving notice of the denial. A hearing 18.10shall be scheduled by the commissioner and shall be held within 15 calendar days after 18.11receiving notice of the appeal. The parties may mutually agree to a later date. The 18.12provisions of chapter 14 do not apply to the hearing. The hearing shall be conducted in 18.13a manner considered appropriate by the commissioner. The commissioner shall make a 18.14determination within five calendar days after the hearing has been completed. 18.15(d) Only organizations that are approved may participate in the state employee 18.16combined charities campaign for the year of approval and only contributions to approved 18.17organizations may be deducted from an employee's pay pursuant to section 16A.134. 18.18    Sec. 37. Minnesota Statutes 2008, section 79.34, subdivision 1, is amended to read: 18.19    Subdivision 1. Conditions requiring membership. The nonprofit association 18.20known as the Workers' Compensation Reinsurance Association may be incorporated under 18.21chapter 317A with all the powers of a corporation formed under that chapter, except that 18.22if the provisions of that chapter are inconsistent with sections 79.34 to 79.40, sections 18.2379.34 to 79.40 govern. Each insurer as defined by section 79.01, subdivision 2, shall, as 18.24a condition of its authority to transact workers' compensation insurance in this state, be 18.25a member of the reinsurance association and is bound by the plan of operation of the 18.26reinsurance association; provided, that all affiliated insurers within a holding company 18.27system as defined in chapter 60D are considered a single entity for purposes of the exercise 18.28of all rights and duties of membership in the reinsurance association. Each self-insurer 18.29approved under section 176.181 and each political subdivision that self-insures shall, as a 18.30condition of its authority to self-insure workers' compensation liability in this state, be a 18.31member of the reinsurance association and is bound by its plan of operation; provided that: 18.32(1) all affiliated companies within a holding company system, as determined by 18.33the commissioner of labor and industry in a manner consistent with the standards and 18.34definitions in chapter 60D, are considered a single entity for purposes of the exercise of all 18.35rights and duties of membership in the reinsurance association; and 19.1(2) all group self-insurers granted authority to self-insure pursuant to section 19.2176.181 are considered single entities for purposes of the exercise of all the rights and 19.3duties of membership in the reinsurance association. As a condition of its authority to 19.4self-insure workers' compensation liability, and for losses incurred after December 31, 19.51983, the state is a member of the reinsurance association and is bound by its plan of 19.6operation. The commissioner of management and budget new text begin administration new text end represents 19.7the state in the exercise of all the rights and duties of membership in the reinsurance 19.8association. The amounts necessary to pay the state's premiums required for coverage by 19.9the Workers' Compensation Reinsurance Association are appropriated from the general 19.10fund to the commissioner of management and budget new text begin administration new text end . The University 19.11of Minnesota shall pay its portion of workers' compensation reinsurance premiums 19.12directly to the Workers' Compensation Reinsurance Association. For the purposes of 19.13this section, "state" means the administrative branch of state government, the legislative 19.14branch, the judicial branch, the University of Minnesota, and any other entity whose 19.15workers' compensation liability is paid from the state revolving fund. The commissioner 19.16of management and budget may calculate, prorate, and charge a department or agency 19.17the portion of premiums paid to the reinsurance association for employees who are 19.18paid wholly or in part by federal funds, dedicated funds, or special revenue funds. The 19.19reinsurance association is not a state agency. Actions of the reinsurance association and its 19.20board of directors and actions of the commissioner of labor and industry with respect to 19.21the reinsurance association are not subject to chapters 13 and 15. All property owned by 19.22the association is exempt from taxation. The reinsurance association is not obligated to 19.23make any payments or pay any assessments to any funds or pools established pursuant to 19.24this chapter or chapter 176 or any other law. 19.25 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 19.26    Sec. 38. Minnesota Statutes 2008, section 103F.755, is amended to read: 19.27103F.755 INTEGRATION OF DATA. 19.28The data collected for the activities of the clean water partnership program that have 19.29common value for natural resource planning must be provided and integrated into the 19.30Minnesota land management information system's geographic and summary databases 19.31according to published data compatibility guidelines new text begin made available using standards new text end 19.32 new text begin adopted by the Office of Enterprise Technology and geospatial technology standards and new text end 19.33 new text begin guidelines published by the Minnesota Geospatial Information Office new text end . Costs associated 19.34with this data delivery must be borne by this activity. 20.1    Sec. 39. Minnesota Statutes 2008, section 103H.175, as amended by Laws 2009, 20.2chapter 101, article 2, section 107, is amended to read: 20.3103H.175 GROUNDWATER QUALITY MONITORING. 20.4    Subdivision 1. Monitoring results to be submitted to the Minnesota Geospatial 20.5Information Office new text begin made available using state data standards new text end . The results of 20.6monitoring groundwater quality by state agencies and political subdivisions must 20.7be submitted to new text begin made available using standards adopted by the Office of Enterprise new text end 20.8 new text begin Technology and geospatial technology standards and guidelines published by new text end the 20.9Minnesota Geospatial Information Office. 20.10    Subd. 2. Computerized database. The Minnesota Geospatial Information Office new text begin new text end 20.11 new text begin Agencies monitoring groundwater new text end shall maintain a computerized database new text begin databases new text end of the 20.12results of groundwater quality monitoring in a manner that is accessible to the Pollution 20.13Control Agency, Department of Agriculture, Department of Health, and Department of 20.14Natural Resources. The center shall assess the quality and reliability of the data and 20.15organize the data in a usable format. 20.16    Subd. 3. Report. In each even-numbered year, the Pollution Control Agency, in 20.17cooperation with other agencies participating in the monitoring of water resources, shall 20.18provide a draft report on the status of groundwater monitoring to the Environmental 20.19Quality Board for review and then to the house of representatives and senate committees 20.20with jurisdiction over the environment, natural resources, and agriculture as part of the 20.21report in section 103A.204. 20.22    Sec. 40. Minnesota Statutes 2008, section 115A.15, subdivision 4, is amended to read: 20.23    Subd. 4. Staff. The commissioner of administration shall new text begin may new text end employ an 20.24administrator to manage the resource recovery program and other staff and consultants 20.25as are necessary to carry out the program. 20.26    Sec. 41. Minnesota Statutes 2008, section 115A.15, subdivision 9, is amended to read: 20.27    Subd. 9. Recycling goal. By December 31, 1996, the commissioner shall recycle 20.28at least 60 percent by weight of the solid waste generated by state offices and other state 20.29operations located in the metropolitan area new text begin The goal of the resource recovery program new text end 20.30 new text begin is to recycle at least 60 percent of the solid waste generated by state offices and other new text end 20.31 new text begin state operations new text end . By March 1 of each year, the commissioner shall report to the Pollution 20.32Control Agency the estimated recycling rates by county for state offices and other state 20.33operations in the metropolitan area for the previous calendar year. The Pollution Control 20.34Agency shall incorporate these figures into the reports submitted by the counties under 21.1section 115A.557, subdivision 3, to determine each county's progress toward the goal in 21.2section 115A.551, subdivision 2. 21.3Each state agency in the metropolitan area shall work to meet the recycling goal 21.4individually. If the goal is not met by an agency, the commissioner shall notify that 21.5agency that the goal has not been met and the reasons the goal has not been met and shall 21.6provide information to the employees in the agency regarding recycling opportunities and 21.7expectations new text begin The commissioner shall provide agencies with their performance against the new text end 21.8 new text begin goal along with information about recycling opportunities to increase their performance new text end . 21.9    Sec. 42. Minnesota Statutes 2008, section 115A.15, subdivision 10, is amended to read: 21.10    Subd. 10. Materials recovery facility; materials collection; waste audits. (a) The 21.11commissioner of the Department of Administration shall establish a central materials 21.12recovery facility to manage recyclable materials collected from state offices and other state 21.13operations in the metropolitan area. The facility must be located as close as practicable to 21.14the State Capitol complex and must be large enough to accommodate temporary storage 21.15of recyclable materials collected from state offices and other state operations in the 21.16metropolitan area and the processing of those materials for market. 21.17(b) The commissioner shall establish a recyclable materials collection and 21.18transportation system for state offices and other state operations in the metropolitan area 21.19that will maximize the types and amount of materials collected and the number of state 21.20offices and other state operations served, and will minimize barriers to effective and 21.21efficient collection, transportation, and marketing of recyclable materials. 21.22(c) The commissioner shall new text begin may new text end perform regular audits on the solid waste and 21.23recyclable materials collected to identify materials upon which to focus waste reduction, 21.24reuse, and recycling activities and to measure: 21.25(1) progress made toward the recycling goal in subdivision 9; 21.26(2) progress made to reduce waste generation; and 21.27(3) potential for additional waste reduction, reuse, and recycling. 21.28(d) The commissioner may contract with private entities for the activities required in 21.29this subdivision if the commissioner determines that it would be cost-effective to do so. 21.30    Sec. 43. new text begin [116W.035] INFORMATION TECHNOLOGY. new text end 21.31     new text begin To the extent the projects or grants approved by the authority or other work of the new text end 21.32 new text begin authority impact state information systems, these information systems are subject to new text end 21.33 new text begin the jurisdiction of the Office of Enterprise Technology in chapter 16E, including, but new text end 21.34 new text begin not limited to: new text end 22.1     new text begin (1) evaluation and approval as specified in section 16E.03, subdivisions 3 and 4; new text end 22.2     new text begin (2) review to ensure compliance with security policies, guidelines, and standards as new text end 22.3 new text begin specified in section 16E.03, subdivision 7; and new text end 22.4     new text begin (3) assurance of compliance with accessibility standards developed under section new text end 22.5 new text begin 16E.03, subdivision 9. new text end 22.6    Sec. 44. Minnesota Statutes 2008, section 127A.30, subdivision 2, is amended to read: 22.7    Subd. 2. Duties. The advisory committee new text begin , in conjunction with the Legislative new text end 22.8 new text begin Coordinating Commission, new text end shall review the policies of the Department of Natural 22.9Resources and current statutes on management of school trust fund lands at least annually 22.10and shall recommend necessary changes in statutes, policy, and implementation in order to 22.11ensure provident utilization of the permanent school fund lands. By January 15 of each 22.12year, the advisory committee shall submit a report to the legislature with recommendations 22.13for the new text begin oversight and new text end management of school trust lands to secure long-term economic 22.14return for the permanent school fund, consistent with sections 92.121 and 127A.31. The 22.15committee's annual report may include recommendations to: 22.16    (1) manage the school trust lands efficiently; 22.17    (2) reduce the management expenditures of school trust lands and maximize the 22.18revenues deposited in the permanent school trust fund; 22.19    (3) manage the sale, exchange, and commercial leasing of school trust lands to 22.20maximize the revenues deposited in the permanent school trust fund and retain the value 22.21from the long-term appreciation of the school trust lands; and 22.22    (4) manage the school trust lands to maximize the long-term economic return for the 22.23permanent school trust fund while maintaining sound natural resource conservation and 22.24management principles. 22.25 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2011. new text end 22.26    Sec. 45. Minnesota Statutes 2008, section 211B.01, subdivision 3, is amended to read: 22.27    Subd. 3. Candidate. "Candidate" means an individual who seeks nomination 22.28or election to a federal, statewide, legislative, judicial, or local office including special 22.29districts, school districts, towns, home rule charter and statutory cities, and counties, 22.30except candidates for president and vice-president of the United States. 22.31    Sec. 46. Minnesota Statutes 2008, section 211B.04, is amended to read: 22.32211B.04 CAMPAIGN LITERATURE MUST INCLUDE DISCLAIMER. 23.1(a) A person who participates in the preparation or dissemination of campaign 23.2material other than as provided in section 211B.05, subdivision 1, that does not 23.3prominently include the name and address of the person or committee causing the material 23.4to be prepared or disseminated in a disclaimer substantially in the form provided in 23.5paragraph (b) or (c) is guilty of a misdemeanor. 23.6(b) Except in cases covered by paragraph (c), the required form of disclaimer is: 23.7"Prepared and paid for by the .......... committee, .........(address)" for material prepared 23.8and paid for by a principal campaign committee, or "Prepared and paid for by the .......... 23.9committee, .........(address), in support of .........(insert name of candidate or ballot 23.10question)" for material prepared and paid for by a person or committee other than a 23.11principal campaign committee. 23.12(c) In the case of broadcast media, the required form of disclaimer is: "Paid for by 23.13the ............ committee." 23.14(d) Campaign material that is not circulated on behalf of a particular candidate 23.15or ballot question must also include in the disclaimer either that it is "in opposition to 23.16.....(insert name of candidate or ballot question.....)"; or that "this publication is not 23.17circulated on behalf of any candidate or ballot question." 23.18(e) This section does not apply to objects stating only the candidate's name and 23.19the office sought, fund-raising tickets, or personal letters that are clearly being sent by 23.20the candidate. 23.21(f) This section does not apply to an individual or association who acts independently 23.22of any candidate, candidate's committee, political committee, or political fund and spends 23.23only from the individual's or association's own resources a sum that is less than $500 new text begin new text end 23.24 new text begin $2,000 new text end in the aggregate to produce or distribute campaign material that is distributed at 23.25least seven days before the election to which the campaign material relates. 23.26(g) This section does not modify or repeal section 211B.06. 23.27 new text begin EFFECTIVE DATE. new text end new text begin This section is effective June 1, 2010, and applies to new text end 23.28 new text begin campaign material prepared and disseminated on or after that date. new text end 23.29    Sec. 47. Minnesota Statutes 2008, section 211B.15, subdivision 2, is amended to read: 23.30    Subd. 2. Prohibited contributions. A corporation may not make a contribution 23.31or offer or agree to make a contribution, directly or indirectly, of any money, property, 23.32free service of its officers, employees, or members, or thing of monetary value to a 23.33major political party, organization, committee, or individual to promote or defeat the 23.34candidacy of an individual for nomination, election, or appointment to a political office. 23.35For the purpose of this subdivision, "contribution" includes an expenditure to promote or 24.1defeat the election or nomination of a candidate to a political office that is made with the 24.2authorization or expressed or implied consent of, or in cooperation or in concert with, or at 24.3the request or suggestion of, a candidate or committee established to support or oppose a 24.4candidate new text begin but does not include an independent expenditure authorized by subdivision 3 new text end . 24.5    Sec. 48. Minnesota Statutes 2008, section 211B.15, subdivision 3, is amended to read: 24.6    Subd. 3. Independent expenditures. A corporation may not make an independent 24.7expenditure or offer or agree to make an independent expenditure to promote or defeat the 24.8candidacy of an individual for nomination, election, or appointment to a political office new text begin , new text end 24.9 new text begin unless the expenditure is an independent expenditure new text end . For the purpose of this subdivision, 24.10"independent expenditure" means an expenditure that is not made with the authorization 24.11or expressed or implied consent of, or in cooperation or concert with, or at the request 24.12or suggestion of, a candidate or committee established to support or oppose a candidate new text begin new text end 24.13 new text begin has the meaning given in section 10A.01, subdivision 18 new text end . 24.14 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 24.15    Sec. 49. Minnesota Statutes 2008, section 216B.16, is amended by adding a 24.16subdivision to read: 24.17     new text begin Subd. 18. new text end new text begin Election or ballot question expenses. new text end new text begin The commission may not allow new text end 24.18 new text begin a public utility to recover from ratepayers expenses resulting from a contribution or new text end 24.19 new text begin expenditure made for a political purpose, as defined in section 211B.01. This subdivision new text end 24.20 new text begin does not prohibit a public utility from engaging in political activity or making a new text end 24.21 new text begin contribution or expenditure otherwise permitted by law. new text end 24.22 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 24.23    Sec. 50. Minnesota Statutes 2008, section 307.08, subdivision 5, is amended to read: 24.24    Subd. 5. Cost; use of data. The cost of authentication, recording, surveying, and 24.25marking burial grounds and the cost of identification, analysis, rescue, and reburial of 24.26human remains on public lands or waters shall be the responsibility of the state or political 24.27subdivision controlling the lands or waters. On private lands or waters these costs shall be 24.28borne by the state, but may be borne by the landowner upon mutual agreement with the 24.29state. The data collected by this activity that has common value for resource planning must 24.30be provided and integrated into the Minnesota land management information system's 24.31geographic and summary databases according to published data compatibility guidelines. new text begin new text end 24.32 new text begin The State Archaeologist must make the data collected for this activity available using new text end 25.1 new text begin standards adopted by the Office of Enterprise Technology and geospatial technology new text end 25.2 new text begin standards and guidelines published by the Minnesota Geospatial Information Office. new text end Costs 25.3associated with this data delivery must be borne by the state. 25.4    Sec. 51. Minnesota Statutes 2008, section 318.02, subdivision 1, is amended to read: 25.5    Subdivision 1. Definition. The term "declaration of trust" as used in this section 25.6means the declaration of trust, business trust instrument, trust indenture, contract of 25.7custodianship, or other instrument pursuant to which such association is organized. Every 25.8such association organized after April 20, 1961, for the purpose of transacting business 25.9in this state shall, prior to transacting any business in this state, file in the Office of the 25.10Secretary of State a true and correct copy of the "declaration of trust" under which the 25.11association proposes to conduct its business. The copy shall also contain a statement that 25.12the true and correct copy of the "declaration of trust" is being filed in the Office of the 25.13Secretary of State of the state of Minnesota pursuant to this chapter and shall also include 25.14the full name and street address of an agent of the business trust in this state. That agent 25.15shall be the agent for service of process which shall be made pursuant to the provisions 25.16of section 543.08. The "declaration of trust" may provide that the duration of such 25.17association shall be perpetual. Upon the filing of the copy of the "declaration of trust new text begin , new text end " and 25.18the payment of a filing fee of $150 to the secretary of state, the secretary of state shall issue 25.19to such association, or to the trustees named in the said "declaration of trust," or to the 25.20persons or parties to the "declaration of trust," a certificate showing that such "declaration 25.21of trust" has been duly filed; whereupon, such association in its name shall be authorized 25.22to transact business in this state; provided that all other applicable laws have been 25.23complied with. The "declaration of trust" may be amended as provided in the "declaration 25.24of trust" or in any amendments thereto but a true and correct copy of all amendments to the 25.25"declaration of trust," shall be filed in the Office of the Secretary of State upon the payment 25.26of a filing fee of $50 to the secretary of state and all amendments shall become effective at 25.27the time of said filing. When such copy of the "declaration of trust" and any amendments 25.28thereto shall have been filed in the Office of the Secretary of State it shall constitute public 25.29notice as to the purposes and manner of the business to be engaged in by such association. 25.30    Sec. 52. Minnesota Statutes 2008, section 336.9-531, is amended to read: 25.31336.9-531 ELECTRONIC ACCESS; LIABILITY; RETENTION. 25.32(a) Electronic access. The secretary of state may allow private parties to have 25.33electronic access to the central filing system and to other computerized records maintained 25.34by the secretary of state on a fee basis, except that: (1) visual access to electronic display 26.1terminals at the public counters at the Secretary of State's Office must be without charge 26.2and must be available during public counter hours; and (2) access by law enforcement 26.3personnel, acting in an official capacity, must be without charge. If the central filing system 26.4allows a form of electronic access to information regarding the obligations of debtors, the 26.5access must be available 24 hours a day, every day of the year. Notwithstanding section 26.6, private parties who have electronic access to computerized records may view the 26.7Social Security number information about a debtor that is of record. 26.8Notwithstanding section , a filing office may include Social Security number 26.9information in an information request response under section or a search of 26.10other liens in the central filing system. A filing office may also include Social Security 26.11number information on a photocopy or electronic copy of a record whether provided in 26.12an information request response or in response to a request made under section . new text begin new text end 26.13 new text begin Any Social Security number information or tax identification number information in the new text end 26.14 new text begin possession of the secretary of state is private data on individuals or nonpublic data. new text end 26.15(b) Liability. The secretary of state, county recorders, and their employees and 26.16agents are not liable for any loss or damages arising from errors in or omissions from 26.17information entered into the central filing system as a result of the electronic transmission 26.18of tax lien notices under sections 268.058, subdivision 1, paragraph (c); 270C.63, 26.19subdivision 4 ; 272.483; and 272.488, subdivisions 1 and 3. 26.20The state, the secretary of state, counties, county recorders, and their employees and 26.21agents are immune from liability that occurs as a result of errors in or omissions from 26.22information provided from the central filing system. 26.23(c) Retention. Once the image of a paper record has been captured by the central 26.24filing system, the secretary of state may remove or direct the removal from the files and 26.25destroy the paper record. 26.26 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for financing statements filed in the new text end 26.27 new text begin central filing system after November 30, 2010. new text end 26.28    Sec. 53. Minnesota Statutes 2008, section 336A.08, subdivision 1, is amended to read: 26.29    Subdivision 1. Compilation. (a) The secretary of state shall compile the information 26.30on effective financing statements in the computerized filing system into a master list: 26.31(1) organized according to farm product; 26.32(2) arranged within each product: 26.33(i) in alphabetical order according to the last name of the individual debtor or, in 26.34the case of debtors doing business other than as individuals, the first word in the name 26.35of the debtors; 27.1(ii) in numerical order according to the Social Security number of the individual 27.2debtor or, in the case of debtors doing business other than as individuals, the Internal 27.3Revenue Service taxpayer identification number of the debtors new text begin unique identifier assigned new text end 27.4 new text begin by the secretary of state to, and associated with, the Social Security or tax identification new text end 27.5 new text begin number of the debtor new text end ; 27.6(iii) geographically by county; and 27.7(iv) by crop year; 27.8(3) containing the information provided on an effective financing statement; and 27.9(4) designating any applicable terminations of the effective financing statement. 27.10(b) The secretary of state shall compile information from lien notices recorded in the 27.11computerized filing system into a statutory lien master list in alphabetical order according 27.12to the last name of the individual debtor or, in the case of debtors doing business other 27.13than as individuals, the first word in the name of the debtors. The secretary of state may 27.14also organize the statutory lien master list according to one or more of the categories of 27.15information established in paragraph (a). Any terminations of lien notices must be noted. 27.16 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for lists compiled pursuant to this new text end 27.17 new text begin section after October 31, 2010. new text end 27.18    Sec. 54. Minnesota Statutes 2008, section 336A.08, subdivision 4, is amended to read: 27.19    Subd. 4. Distribution of master and partial lists. (a) The secretary of state shall 27.20maintain the information on the effective financing statement master list: 27.21(1) by farm product arranged alphabetically by debtor; and 27.22(2) by farm product arranged numerically by the debtor's Social Security number for 27.23an individual debtor or, in the case of debtors doing business other than as individuals, the 27.24Internal Revenue Service taxpayer identification number of the debtors new text begin unique identifier new text end 27.25 new text begin assigned by the secretary of state to, and associated with, the Social Security or tax new text end 27.26 new text begin identification number of the debtor new text end . 27.27(b) The secretary of state shall maintain the information in the farm products 27.28statutory lien master list by county arranged alphabetically by debtor. 27.29(c) The secretary of state shall distribute or make available the requested master and 27.30partial master lists on a monthly basis to farm product dealers registered under section 27.31336A.11 . Lists will be distributed or made available on or before the tenth day of each 27.32month or on the next business day thereafter if the tenth day is not a business day. 27.33(d) The secretary of state shall make the master and partial master lists available 27.34as written or printed paper documents and may make lists available in other forms or 27.35media, including: 28.1(1) any electronically transmitted medium; or 28.2(2) any form of digital media. 28.3(e) There shall be no fee for partial or master lists distributed via an electronically 28.4transmitted medium. The annual fee for any other form of digital media is $200. The 28.5annual fee for paper partial lists is $250 and $400 for paper master lists. 28.6(f) A farm products dealer shall register pursuant to section 336A.11 by the last 28.7business day of the month to receive the monthly lists requested by the farm products 28.8dealer for that month. 28.9(g) If a registered farm products dealer receives a monthly list that cannot be read or 28.10is incomplete, the farm products dealer must immediately inform the secretary of state by 28.11telephone or e-mail of the problem. The registered farm products dealer shall confirm the 28.12existence of the problem by writing to the secretary of state. The secretary of state shall 28.13provide the registered farm products dealer with new monthly lists in the medium chosen 28.14by the registered farm products dealer no later than five business days after receipt of the 28.15oral notice from the registered farm products dealer. A registered farm products dealer is 28.16not considered to have received notice of the information on the monthly lists until the 28.17duplicate list is received from the secretary of state or until five days have passed since the 28.18duplicate lists were deposited in the mail by the secretary of state, whichever comes first. 28.19(h) On receipt of a written notice pursuant to section 336A.13, the secretary of state 28.20shall duplicate the monthly lists requested by the registered farm products dealer. The 28.21duplicate monthly lists must be sent to the registered farm products dealer no later than five 28.22business days after receipt of the written notice from the registered farm products dealer. 28.23(i) A registered farm products dealer may request monthly lists in one medium 28.24per registration. 28.25(j) Registered farm products dealers must have renewed their registration before the 28.26first day of July each year. Failure to send in the registration before that date will result in 28.27the farm products dealer not receiving the requested monthly lists. 28.28(k) Registered farm products dealers choosing to obtain monthly lists via an 28.29electronically transmitted medium or in any form of digital media may choose to receive 28.30all of the information for the monthly lists requested the first month and then only 28.31additions and deletions to the database for the remaining 11 months of the year. Following 28.32the first year of registration, the registered farm products dealer may choose to continue to 28.33receive one copy of the full monthly list at the beginning of each year or may choose to 28.34receive only additions and deletions. 28.35 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for lists distributed pursuant to this new text end 28.36 new text begin section after October 31, 2010. new text end 29.1    Sec. 55. Minnesota Statutes 2008, section 336A.14, is amended to read: 29.2336A.14 RESTRICTED USE OF INFORMATION. 29.3 new text begin Any Social Security number information or tax identification number information in new text end 29.4 new text begin the possession of the secretary of state is private data on individuals or nonpublic data. new text end 29.5Information obtained from the seller of a farm product relative to the Social Security 29.6number or tax identification number of the true owner of the farm product and all 29.7information obtained from the master or limited list may not be used for purposes that are 29.8not related to: (1) purchase of a farm product; (2) taking a security interest against a farm 29.9product; or (3) perfecting a farm product statutory lien. 29.10 new text begin EFFECTIVE DATE. new text end new text begin This section is effective October 31, 2010. new text end 29.11    Sec. 56. Minnesota Statutes 2009 Supplement, section 365.46, subdivision 2, is 29.12amended to read: 29.13    Subd. 2. Copies. The county auditor shall also new text begin secretary of state shall new text end send a 29.14copy of the notice of the dissolution to: (1) the state demographer, (2) the Minnesota 29.15Geospatial Information Office, (3) the chief administrative law judge of the state Office 29.16of Administrative Hearings, and (4) the commissioner of transportation new text begin , and (5) the new text end 29.17 new text begin commissioner of revenue new text end . 29.18    Sec. 57. Minnesota Statutes 2009 Supplement, section 379.05, is amended to read: 29.19379.05 AUDITOR TO SUM UP REPORT FOR STATE, MAKE TOWN 29.20RECORD. 29.21Each county auditor shall within 30 days after any such town is organized 29.22transmit by mail new text begin or appropriate digital technology new text end to the commissioner of revenue, the 29.23secretary of state, the state demographer, the Minnesota Geospatial Information Office, 29.24the chief administrative law judge of the state Office of Administrative Hearings, and 29.25the commissioner of transportation an abstract of such report, giving the name and 29.26boundaries of such town and record in a book kept for that purpose a full description 29.27of each such town. new text begin The secretary of state shall distribute copies of the abstract to the new text end 29.28 new text begin commissioner of revenue, state demographer, the Minnesota Geospatial Information new text end 29.29 new text begin Office, the chief administrative law judge of the state Office of Administrative Hearings, new text end 29.30 new text begin and the commissioner of transportation. new text end 29.31    Sec. 58. Minnesota Statutes 2008, section 557.01, is amended to read: 29.32557.01 NONRESIDENT, AGENT TO ACCEPT SERVICE. 30.1Any nonresident person or corporation owning or claiming any interest or lien in 30.2or upon lands in the state may file with the secretary of state a writing, executed and 30.3acknowledged in the manner of a conveyance, appointing a resident agent, whose place 30.4of residence shall be stated, to accept service of process or summons in any action or 30.5proceeding in the courts of the state concerning such interest or lien, except actions or 30.6proceedings for the collection of taxes, and consenting that service of such process or 30.7summons upon such agent shall be binding upon the person executing the same. Such 30.8writing shall be recorded by the secretary. No service by publication of summons shall 30.9be made upon any such nonresident who has complied with the provisions hereof, but in 30.10all such cases service of such process or summons, or of any writ or notice in the action 30.11or proceedings, shall be made upon such agent in the manner provided by law for such 30.12service upon residents of the state, and have the same effect as personal service within 30.13the state upon such owner or claimant; but, if such party appears by attorneys therein, the 30.14service of papers shall thereafter be upon such attorney. The authority of such agent 30.15may be revoked by writing similarly executed and acknowledged and recorded, but no 30.16revocation shall affect any action or proceeding then pending. For filing and recording 30.17such papers the secretary shall be entitled to 15 cents for each folio new text begin The fee for each filing new text end 30.18 new text begin made under this section is $50 new text end . 30.19    Sec. 59. Laws 2010, chapter 189, section 35, subdivision 1, is amended to read: 30.20    Subdivision 1. Grants authorized. new text begin Within the limits of available appropriations, new text end 30.21the commissioner shall make grants to counties, cities, towns, and school districts to 30.22acquire, construct, or renovate public land and buildings and other public improvements 30.23of a capital nature for cooperative facilities to be owned and operated by the grantees. 30.24    Sec. 60. new text begin STUDY OF DIVISION OF STATE DEPOSITORY ACCOUNTS AND new text end 30.25 new text begin GENERAL FUND REVENUE ACCOUNT. new text end 30.26 new text begin (a) The Carlson School of Management at the University of Minnesota is requested new text end 30.27 new text begin to study: new text end 30.28 new text begin (1) the feasibility of dividing the state's general fund revenue account among new text end 30.29 new text begin community financial institutions and transferring the state's major and minor accounts to new text end 30.30 new text begin community financial institutions in order to ensure that state money benefits Minnesota new text end 30.31 new text begin residents; new text end 30.32 new text begin (2) the potential economic benefit or costs of transferring all major and minor new text end 30.33 new text begin accounts to community financial institutions; and new text end 31.1 new text begin (3) the potential economic benefit or costs to governmental entities as defined by new text end 31.2 new text begin Minnesota Statutes, section 118A.01, subdivision 2, from an increase in their use of new text end 31.3 new text begin community financial institutions as defined in clause (1). new text end 31.4 new text begin (b) The results of the study must be reported to the legislature by December 1, 2010. new text end 31.5 new text begin For purposes of this section, "community financial institution" means a federally new text end 31.6 new text begin insured bank or credit union, chartered as a bank or credit union by the state of new text end 31.7 new text begin Minnesota or the United States, that is headquartered in Minnesota and has no more than new text end 31.8 new text begin $2,500,000,000 in assets. new text end 31.9    Sec. 61. new text begin GOVERNMENT EFFICIENCY AND TRANSPARENCY STUDIES. new text end 31.10     new text begin Subdivision 1. new text end new text begin Data center study. new text end new text begin (a) The commissioner of management and new text end 31.11 new text begin budget, in consultation with the state chief information officer, must study and report to the new text end 31.12 new text begin chairs and ranking minority members of the house and senate committees with jurisdiction new text end 31.13 new text begin over state government finance by January 15, 2011, on the feasibility and estimated costs new text end 31.14 new text begin of entering into a lease or lease-purchase agreement with a private nonprofit organization, new text end 31.15 new text begin involving a private sector developer, to provide a centralized data center for state agencies new text end 31.16 new text begin or to upgrade current facilities for purposes of data center consolidation. The report must new text end 31.17 new text begin include a potential schedule for consolidation of existing state agency data centers, and new text end 31.18 new text begin an estimate of any savings, increased efficiencies, or performance improvements that new text end 31.19 new text begin would be achieved through this consolidation. new text end 31.20 new text begin (b) In conducting the study required under paragraph (a), the commissioner shall new text end 31.21 new text begin consult with representatives of higher education and local government units to determine new text end 31.22 new text begin the feasibility and desirability of creating a shared service contract for a data center. new text end 31.23 new text begin (c) If the commissioner of management and budget and chief information officer new text end 31.24 new text begin conclude that entering into an agreement described in paragraph (a) is cost-beneficial, the new text end 31.25 new text begin commissioner may enter into such an agreement notwithstanding any law to the contrary. new text end 31.26     new text begin Subd. 2. new text end new text begin Transparency standards. new text end new text begin By January 15, 2011, the chief information new text end 31.27 new text begin officer shall report to the chairs and ranking minority members of the legislative new text end 31.28 new text begin committees with jurisdiction over the Office of Enterprise Technology regarding the new text end 31.29 new text begin development of the standards to enhance public access to data required under Minnesota new text end 31.30 new text begin Statutes, section 16E.05, subdivision 4. The report must describe the process for new text end 31.31 new text begin development of the standards, including the opportunity provided for public comment, new text end 31.32 new text begin and specify the components of the standards that have been implemented, including a new text end 31.33 new text begin description of the level of public use of the new opportunities for data access under the new text end 31.34 new text begin standards. new text end 32.1    Sec. 62. new text begin REQUEST FOR PROPOSALS. new text end 32.2 new text begin (a) The commissioner of revenue shall issue a request for proposals for a contract to new text end 32.3 new text begin implement a system of tax analytics and business intelligence tools to enhance the state's new text end 32.4 new text begin tax collection process and revenues by improving the means of identifying candidates new text end 32.5 new text begin for audit and collection activities and prioritizing those activities to provide the highest new text end 32.6 new text begin returns on auditors' and collection agents' time. The request for proposals must require new text end 32.7 new text begin that the system recommended and implemented by the contractor: new text end 32.8 new text begin (1) leverage the Department of Revenue's existing data and other available data new text end 32.9 new text begin sources to build models that more effectively and efficiently identify accounts for audit new text end 32.10 new text begin review and collections; new text end 32.11 new text begin (2) leverage advanced analytical techniques and technology such as pattern new text end 32.12 new text begin detection, predictive modeling, clustering, outlier detection, and link analysis to identify new text end 32.13 new text begin suspect accounts for audit review and collections; new text end 32.14 new text begin (3) leverage a variety of approaches and analytical techniques to rank accounts and new text end 32.15 new text begin improve the success rate and the return on investment of department employees engaged new text end 32.16 new text begin in audit activities; new text end 32.17 new text begin (4) leverage technology to make the audit process more sustainable and stable, even new text end 32.18 new text begin with turnover of department auditing staff; new text end 32.19 new text begin (5) provide optimization capabilities to more effectively prioritize collections and new text end 32.20 new text begin increase the efficiency of employees engaged in collections activities; and new text end 32.21 new text begin (6) incorporate mechanisms to decrease wrongful auditing and reduce interference new text end 32.22 new text begin with Minnesota taxpayers who are fully complying with the laws. new text end 32.23 new text begin (b) Based on acceptable responses to the request for proposals, the commissioner new text end 32.24 new text begin shall enter into a contract for the services specified in paragraph (a) by July 1, 2012. The new text end 32.25 new text begin contract must incorporate a performance-based vendor financing option whereby the new text end 32.26 new text begin vendor shares in the risk of the project's success. new text end 32.27 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2011. new text end 32.28    Sec. 63. new text begin COMMISSION ON SERVICE INNOVATION. new text end 32.29 new text begin The governor shall appoint a Commission on Service Innovation to produce a new text end 32.30 new text begin strategic plan to reengineer the delivery of state and local government services, including new text end 32.31 new text begin the realignment of service delivery by region and proximity, the use of new technologies, new text end 32.32 new text begin shared facilities, and other means of improving efficiency. The plan shall also provide a new text end 32.33 new text begin process to review and modify recommendations at regular intervals in the future based on new text end 32.34 new text begin specific results measured at regular intervals. The plan shall also include any proposed new text end 32.35 new text begin legislation necessary to implement the commission's recommendations. new text end 33.1    Sec. 64. new text begin COST RECOVERY. new text end 33.2 new text begin During the biennium ending June 30, 2011, the chief information officer of the new text end 33.3 new text begin Office of Enterprise Technology may bill executive branch state agencies and offices new text end 33.4 new text begin for any increased costs the office incurs in implementing amendments to Minnesota new text end 33.5 new text begin Statutes, chapter 16E, in this act. Amounts received by the office under this section are new text end 33.6 new text begin appropriated to the office for purposes of implementing Minnesota Statutes, chapter 16E, new text end 33.7 new text begin in the manner specified in this act. new text end 33.8    Sec. 65. new text begin BUSINESS INTELLIGENCE AND INFORMATION ANALYTICS. new text end 33.9 new text begin The Legislative Coordinating Commission must ensure that the house of new text end 33.10 new text begin representatives and the senate have improved ability to access and analyze public data new text end 33.11 new text begin contained in executive branch accounting, procurement, and budget systems. The new text end 33.12 new text begin commission must issue a request for information or a request for proposals for the new text end 33.13 new text begin legislature to obtain business intelligence and information analytics software or software new text end 33.14 new text begin services. new text end 33.15    Sec. 66. new text begin APPROPRIATIONS; ASSISTIVE VOTING EQUIPMENT AND new text end 33.16 new text begin VOTE-COUNTING EQUIPMENT. new text end 33.17     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 33.18 new text begin the Help America Vote Act account to the secretary of state for grants to counties to defray new text end 33.19 new text begin operating costs of the assistive voting equipment and vote-counting equipment in each new text end 33.20 new text begin polling place. This appropriation is available until spent. Grants of up to $300 per polling new text end 33.21 new text begin place may be made until this appropriation is exhausted. If the grant requests exceed the new text end 33.22 new text begin appropriation available, the secretary of state shall prorate the grant amounts to each new text end 33.23 new text begin eligible county to match the amount available. new text end 33.24     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 33.25 new text begin must apply to the secretary of state on forms prescribed by the secretary of state that new text end 33.26 new text begin set forth how the grant money will be spent. Grant applications for operating costs for new text end 33.27 new text begin the 2010 elections must be received by the secretary of state by August 1, 2010. Grant new text end 33.28 new text begin awards must be made to the counties by December 1, 2010. If funds remain from this new text end 33.29 new text begin appropriation, the secretary may also make grants available for the 2012 election, with new text end 33.30 new text begin grant applications due by March 1, 2012, and grants made to counties by June 30, 2012. new text end 33.31     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 33.32 new text begin must have fewer than 50,000 registered voters as of January 1, 2010, and must have new text end 33.33 new text begin less than $300 per polling place that was used in the 2008 general election as a balance, new text end 34.1 new text begin including any interest earned on the account, in its Help America Vote Act account from new text end 34.2 new text begin funds distributed to it in 2005. new text end 34.3     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 34.4 new text begin the expenditures it has made on the appropriate Help America Vote Act reports submitted new text end 34.5 new text begin to the secretary of state. If a county does not use the funds it has received under this new text end 34.6 new text begin section by June 30, 2013, it must return the funds to the secretary of state. In addition new text end 34.7 new text begin to the report required by this section, each county receiving a grant under this act must new text end 34.8 new text begin maintain financial records for each grant sufficient to satisfy federal audit standards and new text end 34.9 new text begin must transmit those records to the secretary of state upon request of the secretary of state. new text end 34.10 new text begin The secretary of state must report by January 15, 2011, and January 15, 2013, to the new text end 34.11 new text begin chairs and ranking minority members of the house of representatives and senate funding new text end 34.12 new text begin divisions with jurisdiction over the Office of the Secretary of State on the amount of grants new text end 34.13 new text begin made to each county receiving a grant under this section in the prior calendar year. new text end 34.14     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 34.15 new text begin costs for hardware maintenance, election day technical support, software licensing, system new text end 34.16 new text begin programming, voting system testing, training of county or municipal staff in the use of new text end 34.17 new text begin voting equipment, and transportation of and storage of the voting equipment. new text end 34.18 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 34.19    Sec. 67. new text begin APPROPRIATIONS; OPTICAL SCAN EQUIPMENT. new text end 34.20     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 34.21 new text begin in fiscal year 2010 from the Help America Vote Act account to the secretary of state new text end 34.22 new text begin for grants to counties to purchase optical scan voting equipment. This appropriation new text end 34.23 new text begin is available until spent. If the grant requests exceed the appropriation available, the new text end 34.24 new text begin secretary of state shall prorate the grant amounts to each eligible county to match the new text end 34.25 new text begin amount available. new text end 34.26     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 34.27 new text begin apply to the secretary of state on forms prescribed by the secretary of state that set forth new text end 34.28 new text begin how the grant money will be spent. Applications for grants under this section must be new text end 34.29 new text begin submitted to the secretary of state by December 1, 2010, and be for purchases made prior new text end 34.30 new text begin to March 31, 2014. Any funds granted to a county and not spent by June 30, 2014, must new text end 34.31 new text begin be returned to the secretary of state and the Help America Vote Act account. new text end 35.1     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 35.2 new text begin precinct to replace precinct-based optical scan vote counters if the vote counter was new text end 35.3 new text begin purchased prior to December 31, 2002, and the county received no federal or state funds new text end 35.4 new text begin to defray the cost of that purchase. Counties must agree to provide a 50 percent match for new text end 35.5 new text begin any state and federal funds granted through this grant application. new text end 35.6     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 35.7 new text begin the expenditures it has made on the appropriate Help America Vote Act reports submitted new text end 35.8 new text begin to the secretary of state. If a county does not use the funds it has received under this new text end 35.9 new text begin section by June 30, 2014, it must return the funds to the secretary of state. In addition new text end 35.10 new text begin to the report required by this section, each county receiving a grant under this act must new text end 35.11 new text begin maintain financial records for each grant sufficient to satisfy federal audit standards and new text end 35.12 new text begin must transmit those records to the secretary of state upon request of the secretary of state. new text end 35.13 new text begin The secretary of state must report by January 15 each year through 2014 to the chairs and new text end 35.14 new text begin ranking minority members of the house of representatives and senate funding divisions new text end 35.15 new text begin with jurisdiction over the Office of the Secretary of State on the amount of grants made to new text end 35.16 new text begin each county receiving a grant under this section in the prior calendar year. new text end 35.17 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 35.18    Sec. 68. new text begin REPEALER. new text end 35.19 new text begin (a) new text end new text begin Laws 2005, chapter 162, section 34, subdivision 2, as amended by Laws 2009, new text end 35.20 new text begin chapter 101, article 2, section 95, new text end new text begin is repealed. new text end 35.21 new text begin (b) new text end new text begin Minnesota Statutes 2009 Supplement, section 645.44, subdivision 19, new text end new text begin is repealed. new text end 35.22 new text begin (c) new text end new text begin Minnesota Statutes 2008, section 211B.15, subdivision 12, new text end new text begin is repealed. new text end 35.23    Sec. 69. new text begin EFFECTIVE DATE. new text end 35.24     new text begin Section 23 is effective July 1, 2010, and applies to grant agreements entered into new text end 35.25 new text begin and to appropriations received after that date. The repeal of Minnesota Statutes, section new text end 35.26 new text begin 211B.15, subdivision 12, is effective the day following final enactment. new text end 35.27ARTICLE 2 35.28STRATEGIC PLAN 35.29    Section 1. new text begin STRATEGIC PLAN REPORT. new text end 35.30 new text begin By January 15, 2011, the Minnesota Innovation and Research Council shall report to new text end 35.31 new text begin the governor and the chairs and ranking minority members of the legislative committees new text end 35.32 new text begin and divisions with jurisdiction over state government policy and finance with a strategic new text end 36.1 new text begin plan containing findings and recommendations to improve state and local government new text end 36.2 new text begin delivery of public services. The strategic plan must specify: new text end 36.3 new text begin (1) how to enhance the public involvement and input as the public uses state and new text end 36.4 new text begin local government services and public schools; new text end 36.5 new text begin (2) how technology can be leveraged to reduce costs and enhance quality; new text end 36.6 new text begin (3) how service innovation will increase value or results per dollar spent; and new text end 36.7 new text begin (4) the design for a platform that will facilitate high-quality innovation and evaluate new text end 36.8 new text begin state and local government structural redesign in the future. new text end 36.9 new text begin The strategic plan shall also provide a process to review and modify new text end 36.10 new text begin recommendations at regular intervals in the future based on specific results measured new text end 36.11 new text begin at regular intervals. new text end 36.12 new text begin The strategic plan shall also include any proposed legislation necessary to implement new text end 36.13 new text begin the council's recommendations. new text end 36.14ARTICLE 3 36.15MINNESOTA INNOVATION AND RESEARCH COUNCIL 36.16    Section 1. Minnesota Statutes 2008, section 3.971, is amended by adding a subdivision 36.17to read: 36.18     new text begin Subd. 9. new text end new text begin Recommendations to the Minnesota Innovation and Research Council. new text end 36.19 new text begin The legislative auditor may make recommendations to the Minnesota Innovation and new text end 36.20 new text begin Research Council established under section 465.7902 that will assist the council in new text end 36.21 new text begin accomplishing its duties. new text end 36.22    Sec. 2. new text begin [465.7901] DEFINITIONS. new text end 36.23     new text begin Subdivision 1. new text end new text begin Agency. new text end new text begin "Agency" means a department, agency, board, or other new text end 36.24 new text begin instrumentality of state government that has jurisdiction over an administrative rule or new text end 36.25 new text begin law from which a waiver is sought under section 465.7903. If no specific agency has new text end 36.26 new text begin jurisdiction over such a law, agency refers to the attorney general. new text end 36.27     new text begin Subd. 2. new text end new text begin Council. new text end new text begin "Council" means the Minnesota Innovation and Research Council new text end 36.28 new text begin established by section 465.7902. new text end 36.29     new text begin Subd. 3. new text end new text begin Local government unit. new text end new text begin "Local government unit" means a county, home new text end 36.30 new text begin rule charter or statutory city, school district, town, or special taxing district. new text end 36.31     new text begin Subd. 4. new text end new text begin Metropolitan agency. new text end new text begin "Metropolitan agency" has the meaning given in new text end 36.32 new text begin section 473.121, subdivision 5a. new text end 36.33     new text begin Subd. 5. new text end new text begin Metropolitan area. new text end new text begin "Metropolitan area" has the meaning given in section new text end 36.34 new text begin 473.121, subdivision 2. new text end 37.1     new text begin Subd. 6. new text end new text begin Metropolitan Council. new text end new text begin "Metropolitan Council" means the Metropolitan new text end 37.2 new text begin Council established by section 473.123. new text end 37.3     new text begin Subd. 7. new text end new text begin Scope. new text end new text begin As used in sections 465.7901 to 465.7907 and 465.805 to 465.808, new text end 37.4 new text begin the terms defined in this section have the meanings given them. new text end 37.5    Sec. 3. new text begin [465.7902] MINNESOTA INNOVATION AND RESEARCH COUNCIL. new text end 37.6     new text begin Subdivision 1. new text end new text begin Membership. new text end new text begin The Minnesota Innovation and Research Council new text end 37.7 new text begin consists of 15 members, appointed as follows: new text end 37.8 new text begin (1) two members of the senate, appointed by the Subcommittee on Committees of new text end 37.9 new text begin the Senate Committee on Rules and Administration, one member of the majority caucus new text end 37.10 new text begin and one member of the largest minority caucus; new text end 37.11 new text begin (2) two members of the house of representatives, appointed by the speaker of the new text end 37.12 new text begin house, one member of the majority caucus and one member of the largest minority caucus; new text end 37.13 new text begin (3) the commissioner of management and budget; new text end 37.14 new text begin (4) the commissioner of administration; new text end 37.15 new text begin (5) the state chief information officer; new text end 37.16 new text begin (6) an administrative law judge appointed by the chief administrative law judge; new text end 37.17 new text begin (7) the state auditor; new text end 37.18 new text begin (8) two members with a background in academic research concerning system new text end 37.19 new text begin redesign and delivery, including one member appointed by the chancellor of the Minnesota new text end 37.20 new text begin State Colleges and Universities and one member appointed by the president of the new text end 37.21 new text begin University of Minnesota; new text end 37.22 new text begin (9) one member with experience in the leadership of nonprofit organizations, new text end 37.23 new text begin appointed by the Minnesota Council of Nonprofits; new text end 37.24 new text begin (10) one member with experience in foundation leadership appointed by the new text end 37.25 new text begin Minnesota Council on Foundations; new text end 37.26 new text begin (11) one member with experience as a leader of a for-profit corporation, appointed new text end 37.27 new text begin by the Minnesota Chamber of Commerce; and new text end 37.28 new text begin (12) one member representing public employees appointed by the American new text end 37.29 new text begin Federation of State, County and Municipal Employees. new text end 37.30 new text begin All members must have experience or interest in the work of system redesign or public new text end 37.31 new text begin sector innovation. The legislative members serve as nonvoting members. Only members new text end 37.32 new text begin designated in clauses (3) to (7) may vote on proposed rule or law waivers under section new text end 37.33 new text begin 465.7903. A commissioner serving on the council may designate an employee from the new text end 37.34 new text begin commissioner's agency to serve as the commissioner's designee. A person registered as a new text end 37.35 new text begin lobbyist under chapter 10A may not be a member of the council. new text end 38.1     new text begin Subd. 2. new text end new text begin Duties of council. new text end new text begin The council shall: new text end 38.2 new text begin (1) accept applications from local government units and nonprofit organizations for new text end 38.3 new text begin waivers of administrative rules and temporary, limited exemptions from enforcement of new text end 38.4 new text begin procedural requirements in state law as provided in section 465.7903, and determine new text end 38.5 new text begin whether to approve, modify, or reject the application; new text end 38.6 new text begin (2) accept applications for grants to local government units and related organizations new text end 38.7 new text begin proposing to design models or plans for innovative service delivery and management as new text end 38.8 new text begin provided in section 465.7905, and determine whether to approve, modify, or reject the new text end 38.9 new text begin application; new text end 38.10 new text begin (3) accept applications from eligible local government units for service-sharing new text end 38.11 new text begin grants as provided in section 465.7905, and determine whether to approve, modify, new text end 38.12 new text begin or reject the application; new text end 38.13 new text begin (4) make recommendations to the legislature for the authorization of pilot projects new text end 38.14 new text begin for the implementation of innovative service delivery activities that require statutory new text end 38.15 new text begin authorization; new text end 38.16 new text begin (5) make recommendations to the legislature regarding the elimination of state new text end 38.17 new text begin mandates that inhibit local government efficiency, innovation, and cooperation by new text end 38.18 new text begin prescribing specific processes for achieving a desired outcome; new text end 38.19 new text begin (6) investigate and review the role of unfunded state mandates in intergovernmental new text end 38.20 new text begin relations and assess their impact on state and local government objectives and new text end 38.21 new text begin responsibilities; new text end 38.22 new text begin (7) make recommendations to the governor and the legislature regarding: new text end 38.23 new text begin (i) allowing flexibility for local units of government in complying with specific new text end 38.24 new text begin unfunded state mandates for which terms of compliance are unnecessarily rigid or new text end 38.25 new text begin complex; new text end 38.26 new text begin (ii) reconciling any two or more unfunded state mandates that impose contradictory new text end 38.27 new text begin or inconsistent requirements; new text end 38.28 new text begin (iii) terminating unfunded state mandates that are duplicative, obsolete, or lacking new text end 38.29 new text begin in practical utility; new text end 38.30 new text begin (iv) suspending, on a temporary basis, unfunded state mandates that are not vital new text end 38.31 new text begin to public health and safety and that compound the fiscal difficulties of local units of new text end 38.32 new text begin government, including recommendations for initiating the suspensions; new text end 38.33 new text begin (v) consolidating or simplifying unfunded state mandates or the planning or new text end 38.34 new text begin reporting requirements of the mandates, in order to reduce duplication and facilitate new text end 38.35 new text begin compliance by local units of government with those mandates; and new text end 39.1 new text begin (vi) establishing common state definitions or standards to be used by local units of new text end 39.2 new text begin government in complying with unfunded state mandates that use different definitions or new text end 39.3 new text begin standards for the same terms or principles; new text end 39.4 new text begin (8) identify relevant unfunded state mandates; new text end 39.5     new text begin (9) upon request of the legislature, review individual state agencies, boards, new text end 39.6 new text begin commissions, or councils for purposes of making recommendations to the legislature on new text end 39.7 new text begin whether the group should continue or should be sunset; new text end 39.8 new text begin (10) facilitate proposals for grants made by eligible applicants; and new text end 39.9 new text begin (11) make recommendations on topics to the Legislative Audit Commission for new text end 39.10 new text begin program evaluations that are likely to result in recommendations that will improve the new text end 39.11 new text begin cost-effective delivery of government services. new text end 39.12 new text begin The duties imposed under clauses (6) to (11) must be performed to the extent new text end 39.13 new text begin possible given existing resources. Each recommendation under clause (7) must, to new text end 39.14 new text begin the extent practicable, identify the specific unfunded state mandates to which the new text end 39.15 new text begin recommendation applies. The commissioners or directors of state agencies responsible for new text end 39.16 new text begin the promulgation or enforcement of the unfunded mandates addressed in clauses (5) to new text end 39.17 new text begin (11) shall assist the council in carrying out the council's duties under this section. new text end 39.18     new text begin Subd. 3. new text end new text begin Additional coordinating functions. new text end new text begin The council may also: new text end 39.19 new text begin (1) serve as a clearinghouse for existing ideas and information from community new text end 39.20 new text begin leaders; new text end 39.21 new text begin (2) provide a Web site where interested parties may share information and practices; new text end 39.22 new text begin (3) receive recommendations from the legislative auditor concerning waivers and new text end 39.23 new text begin other initiatives within the council's jurisdiction; new text end 39.24 new text begin (4) conduct research concerning innovation in service delivery and local government new text end 39.25 new text begin efficiency, innovation, and cooperation; new text end 39.26 new text begin (5) facilitate regional dialogue concerning successful innovation and collaboration; new text end 39.27 new text begin and new text end 39.28 new text begin (6) use its best efforts to maximize public involvement in its work, including the use new text end 39.29 new text begin of best practices in social media. new text end 39.30     new text begin Subd. 4. new text end new text begin Staff. new text end new text begin The council shall hire an executive director who serves as the state's new text end 39.31 new text begin chief innovation officer. The council may hire other staff or consultants as necessary to new text end 39.32 new text begin perform its duties. The commissioner of administration must provide administrative new text end 39.33 new text begin support services to the council. new text end 39.34     new text begin Subd. 5. new text end new text begin Terms, compensation, and removal. new text end new text begin Members serve at the pleasure of new text end 39.35 new text begin the appointing authority. Compensation of members is governed by section 15.0575, new text end 39.36 new text begin unless otherwise provided. new text end 40.1    Sec. 4. new text begin [465.7903] RULE AND LAW WAIVER REQUESTS. new text end 40.2     new text begin Subdivision 1. new text end new text begin Generally. new text end new text begin (a) Except as provided in paragraph (b), a local new text end 40.3 new text begin government unit or a nonprofit organization may request the Minnesota Innovation and new text end 40.4 new text begin Research Council to grant a waiver from one or more administrative rules or a temporary, new text end 40.5 new text begin limited exemption from enforcement of state procedural laws governing delivery of new text end 40.6 new text begin services by the local government unit or nonprofit organization. Two or more local new text end 40.7 new text begin government units may submit a joint application for a waiver or exemption under this new text end 40.8 new text begin section if they propose to cooperate in providing a service or program that is subject to the new text end 40.9 new text begin rule or law. Before a local unit of government may submit an application to the council, new text end 40.10 new text begin the governing body of the local government unit must approve, in concept, the proposed new text end 40.11 new text begin waiver or exemption at a meeting required to be public under chapter 13D. A waiver new text end 40.12 new text begin or exemption granted to a nonprofit organization under this section applies to services new text end 40.13 new text begin provided to all of the organization's clients. new text end 40.14 new text begin (b) A school district that is granted a variance from rules of the commissioner of new text end 40.15 new text begin education under section 122A.163 need not apply to the council for a waiver of those rules new text end 40.16 new text begin under this section. A school district may not seek a waiver of rules under this section if new text end 40.17 new text begin the commissioner of education has authority to grant a variance to the rules under section new text end 40.18 new text begin 122A.163. This paragraph does not preclude a school district from being included in a new text end 40.19 new text begin cooperative effort with another local government unit under this section. new text end 40.20     new text begin Subd. 2. new text end new text begin Application. new text end new text begin (a) A local government unit or nonprofit organization new text end 40.21 new text begin requesting a waiver of a rule or exemption from enforcement of a law under this section new text end 40.22 new text begin shall present a written application to the council. The application must include: new text end 40.23 new text begin (1) identification of the service or program at issue; new text end 40.24 new text begin (2) identification of the administrative rule or the law imposing a procedural new text end 40.25 new text begin requirement with respect to which the waiver or exemption is sought; and new text end 40.26 new text begin (3) a description of the improved service outcome sought, including an explanation new text end 40.27 new text begin of the effect of the waiver or exemption in accomplishing that outcome. new text end 40.28 new text begin (b) A local government unit submitting an application must provide a copy to the new text end 40.29 new text begin exclusive representative certified under section 179A.12 to represent employees who new text end 40.30 new text begin provide the service or program affected by the requested waiver or exemption. new text end 40.31     new text begin Subd. 3. new text end new text begin Review process. new text end new text begin (a) Upon receipt of an application, the council shall new text end 40.32 new text begin commence review of the application, as provided in this subdivision. The council shall new text end 40.33 new text begin dismiss an application if it finds that the application proposes a waiver of rules or new text end 40.34 new text begin exemption from enforcement of laws that would result in due process violations, violations new text end 40.35 new text begin of federal law or the state or federal constitution, or the loss of services to people who new text end 40.36 new text begin are entitled to them. If the council does not dismiss an application, the council must new text end 41.1 new text begin publish notice in the State Register before it acts on the application. The notice must list new text end 41.2 new text begin the name of the local government unit or nonprofit organization requesting the waiver or new text end 41.3 new text begin exemption, the service or program at issue, and the rule or law with respect to which the new text end 41.4 new text begin waiver of exemption is sought. new text end 41.5 new text begin (b) The council shall determine whether a law from which an exemption for new text end 41.6 new text begin enforcement is sought is a procedural law, specifying how a local government unit or new text end 41.7 new text begin nonprofit organization is to achieve an outcome, rather than a substantive law prescribing new text end 41.8 new text begin the outcome or otherwise establishing policy. For the purposes of this section, "procedural new text end 41.9 new text begin law" does not include a statutory notice requirement. In making its determination, the new text end 41.10 new text begin council shall consider whether the law specifies such requirements as: new text end 41.11 new text begin (1) who must deliver a service; new text end 41.12 new text begin (2) where the service must be delivered; new text end 41.13 new text begin (3) to whom and in what form reports regarding the service must be made; and new text end 41.14 new text begin (4) how long or how often the service must be made available to a given recipient. new text end 41.15 new text begin (c) If a member of the council also is a commissioner, a commissioner's designee, or new text end 41.16 new text begin the state auditor, or is employed by an agency with jurisdiction over a rule or law affected new text end 41.17 new text begin by an application, the member must not participate in the decision on the particular waiver new text end 41.18 new text begin or exemption. new text end 41.19 new text begin (d) If the application is submitted by a local government unit or a nonprofit new text end 41.20 new text begin organization in the metropolitan area or the unit or nonprofit organization requests a new text end 41.21 new text begin waiver of a rule or temporary, limited exemptions from enforcement of a procedural new text end 41.22 new text begin law over which the Metropolitan Council or a metropolitan agency has jurisdiction, the new text end 41.23 new text begin council shall also transmit a copy of the application to the Metropolitan Council for new text end 41.24 new text begin review and comment. The Metropolitan Council shall report its comments to the council new text end 41.25 new text begin within 60 days of the date the application was transmitted to the Metropolitan Council. new text end 41.26 new text begin The Metropolitan Council may point out any resources or technical assistance it may be new text end 41.27 new text begin able to provide a local government unit or nonprofit organization submitting a request new text end 41.28 new text begin under this section. new text end 41.29 new text begin (e) Within 15 days after receipt of the application, the council shall transmit a copy new text end 41.30 new text begin of it to the commissioner of each agency having jurisdiction over a rule or law from which new text end 41.31 new text begin a waiver or exemption is sought. The agency may mail a notice that it has received an new text end 41.32 new text begin application for a waiver or exemption to all persons who have registered with the agency new text end 41.33 new text begin under section 14.14, subdivision 1a, identifying the rule or law from which a waiver or new text end 41.34 new text begin exemption is requested. If no agency has jurisdiction over the rule or law, the council shall new text end 41.35 new text begin transmit a copy of the application to the attorney general. The agency shall inform the new text end 41.36 new text begin council of its agreement with or objection to and grounds for objection to the waiver or new text end 42.1 new text begin exemption request within 60 days of the date when the application was transmitted to it. new text end 42.2 new text begin An agency's failure to respond under this paragraph is considered agreement to the waiver new text end 42.3 new text begin or exemption. The council shall decide whether to grant a waiver or exemption at its next new text end 42.4 new text begin regularly scheduled meeting following its receipt of an agency's response or the end of new text end 42.5 new text begin the 60-day response period. If consideration of an application is not concluded at that new text end 42.6 new text begin meeting, the matter may be carried over to the next meeting of the council. Interested new text end 42.7 new text begin persons may submit written comments and requests to present oral comments to the new text end 42.8 new text begin council on the waiver or exemption request up to the time of its vote on the application. new text end 42.9 new text begin (f) If the exclusive representative of the affected employees of the requesting local new text end 42.10 new text begin government unit objects to the waiver or exemption request, it may inform the council new text end 42.11 new text begin of the objection to and the grounds for the objection to the waiver or exemption request new text end 42.12 new text begin within 60 days of the receipt of the application. new text end 42.13     new text begin Subd. 4. new text end new text begin Hearing. new text end new text begin If the agency or the exclusive representative does not agree new text end 42.14 new text begin with the waiver or exemption request, the council shall set a date for a hearing on the new text end 42.15 new text begin application. The hearing must be conducted informally at a meeting of the council. new text end 42.16 new text begin Persons representing the local government unit shall present their request for the waiver or new text end 42.17 new text begin exemption, and a representative from the agency shall explain the agency's objection to the new text end 42.18 new text begin waiver or exemption. Members of the council may request additional information from new text end 42.19 new text begin either party. The council may also request, either before or at the hearing, information new text end 42.20 new text begin or comments from representatives of business, labor, local governments, state agencies, new text end 42.21 new text begin consultants, and members of the public. If a member of the public requests to present new text end 42.22 new text begin comments or information at the hearing, the council must permit the member of the new text end 42.23 new text begin public an opportunity to present the comments or information. If necessary, the hearing new text end 42.24 new text begin may be continued at a subsequent council meeting. A waiver or exemption requires a new text end 42.25 new text begin majority vote of the council members. The council may modify the terms of the waiver or new text end 42.26 new text begin exemption request in arriving at the agreement required under subdivision 5. new text end 42.27     new text begin Subd. 5. new text end new text begin Conditions of agreements. new text end new text begin (a) If the council grants a request for a waiver new text end 42.28 new text begin or exemption, the council and the entity making the request shall enter into an agreement new text end 42.29 new text begin providing for the delivery of the service or program that is the subject of the application. new text end 42.30 new text begin The agreement must specify desired outcomes and the means of measurement by which new text end 42.31 new text begin the council will determine whether the outcomes specified in the agreement have been new text end 42.32 new text begin met. The agreement must specify the duration of the waiver or exemption. The duration of new text end 42.33 new text begin a waiver from an administrative rule may be for no less than two years and no more than new text end 42.34 new text begin four years, subject to renewal if both parties agree. An exemption from enforcement of a new text end 42.35 new text begin law terminates ten days after adjournment of the regular legislative session held during the new text end 43.1 new text begin calendar year following the year when the exemption is granted, unless the legislature has new text end 43.2 new text begin acted to extend or make permanent the exemption. new text end 43.3 new text begin (b) If the council grants a waiver or exemption, it must report the waiver or new text end 43.4 new text begin exemption to the legislature, including the chairs of the governmental operations and new text end 43.5 new text begin appropriate policy committees in the house of representatives and senate, and the governor new text end 43.6 new text begin within 30 days. new text end 43.7 new text begin (c) The council may reconsider or renegotiate the agreement if the rule or law new text end 43.8 new text begin affected by the waiver or exemption is amended or repealed during the term of the original new text end 43.9 new text begin agreement. A waiver of a rule under this section has the effect of a variance granted by new text end 43.10 new text begin an agency under section 14.055. The recipient of an exemption from enforcement of a new text end 43.11 new text begin procedural requirement in state law under this section is exempt from that law for the new text end 43.12 new text begin duration of the exemption. The council may require periodic reports from the recipient, or new text end 43.13 new text begin conduct investigations of the service or program. new text end 43.14     new text begin Subd. 6. new text end new text begin Enforcement. new text end new text begin If the council finds that the recipient of a waiver or an new text end 43.15 new text begin exemption has failed to comply with the terms of the agreement under subdivision 5, it new text end 43.16 new text begin may rescind the agreement. After an agreement is rescinded, the recipient is subject to the new text end 43.17 new text begin rules and laws covered by the agreement. new text end 43.18     new text begin Subd. 7. new text end new text begin Access to data. new text end new text begin If the recipient of a waiver or an exemption through a new text end 43.19 new text begin cooperative program under this section gains access to data that is classified as not public, new text end 43.20 new text begin the access to and use of the data for the recipient is governed by the same restrictions on new text end 43.21 new text begin access to and use of the data that apply to the unit that collected, created, received, or new text end 43.22 new text begin maintained the data. new text end 43.23    Sec. 5. new text begin [465.7904] WAIVERS OF STATE RULES; POLICIES. new text end 43.24     new text begin Subdivision 1. new text end new text begin Application. new text end new text begin A state agency may apply to the council for a waiver new text end 43.25 new text begin from: new text end 43.26 new text begin (1) an administrative rule or policy adopted by the commissioner of management new text end 43.27 new text begin and budget that deals with the state personnel system; new text end 43.28 new text begin (2) an administrative rule or policy of the commissioner of administration that new text end 43.29 new text begin deals with the state procurement system; or new text end 43.30 new text begin (3) a policy of the commissioner of management and budget that deals with the new text end 43.31 new text begin state accounting system. new text end 43.32 new text begin Two or more state agencies may submit a joint application. A waiver application new text end 43.33 new text begin must identify the rule or policy at issue, and must describe the improved outcome sought new text end 43.34 new text begin through the waiver. new text end 44.1     new text begin Subd. 2. new text end new text begin Review process. new text end new text begin (a) The council shall review all applications submitted new text end 44.2 new text begin under this section. The council shall dismiss an application if it finds that the application new text end 44.3 new text begin proposes a waiver that would result in due process violations, violations of federal law new text end 44.4 new text begin or the state or federal constitution, or the loss of services to people who are entitled to new text end 44.5 new text begin them. If a proposed waiver would violate the terms of a collective bargaining agreement new text end 44.6 new text begin effective under chapter 179A, the waiver is not effective without the consent of the new text end 44.7 new text begin exclusive representative that is a party to the agreement. The council may approve a new text end 44.8 new text begin waiver only if the council determines that if the waiver is granted: (1) services can new text end 44.9 new text begin be provided in a more efficient or effective manner; and (2) services related to human new text end 44.10 new text begin resources must be provided in a manner consistent with section 43A.01. In the case of a new text end 44.11 new text begin waiver from a policy of the commissioner of management and budget, the council may new text end 44.12 new text begin approve the waiver only if it determines that services will be provided in a more efficient new text end 44.13 new text begin or effective manner and that state funds will be adequately accounted for and safeguarded new text end 44.14 new text begin in a manner that complies with generally accepted government accounting principles. new text end 44.15 new text begin (b) Within 15 days of receipt of the application, the council shall send a copy of the new text end 44.16 new text begin application to: (1) the agency whose rule or policy is involved; and (2) all exclusive new text end 44.17 new text begin representatives who represent employees of the agency requesting the waiver. The agency new text end 44.18 new text begin whose rule or policy is involved may mail a copy of the application to all persons who new text end 44.19 new text begin have registered with the agency under section 14.14, subdivision 1a. new text end 44.20 new text begin (c) The agency whose rule or policy is involved, or an exclusive representative, shall new text end 44.21 new text begin notify the council of its agreement with or objection to and grounds for objection to the new text end 44.22 new text begin waiver within 60 days of the date when the application was transmitted to the agency or new text end 44.23 new text begin the exclusive representative. An agency's or exclusive representative's failure to respond new text end 44.24 new text begin under this paragraph is considered agreement to the waiver. new text end 44.25 new text begin (d) If the agency or the exclusive representative objects to the waiver, the council new text end 44.26 new text begin shall schedule a meeting at which the agency requesting the waiver may present its case new text end 44.27 new text begin for the waiver and the objecting party may respond. The council shall decide whether new text end 44.28 new text begin to grant a waiver at its next regularly scheduled meeting following its receipt of an new text end 44.29 new text begin agency's response, or the end of the 60-day response period, whichever occurs first. If new text end 44.30 new text begin consideration of an application is not concluded at the meeting, the matter may be carried new text end 44.31 new text begin over to the next meeting of the council. Interested persons may submit written comments new text end 44.32 new text begin to the council on the waiver request. new text end 44.33 new text begin (e) If the council grants a request for a waiver, the council and the agency requesting new text end 44.34 new text begin the waiver shall enter into an agreement relating to the outcomes desired as a result of the new text end 44.35 new text begin waiver and the means of measurement to determine whether those outcomes have been new text end 44.36 new text begin achieved with the waiver. The agreement must specify the duration of the waiver, which new text end 45.1 new text begin must be for at least two years and not more than four years. If the council determines that new text end 45.2 new text begin an agency that has received a waiver is failing to comply with the terms of the agreement, new text end 45.3 new text begin the council may rescind the agreement. new text end 45.4     new text begin Subd. 3. new text end new text begin Participation. new text end new text begin If a waiver request involves a rule or policy adopted by an new text end 45.5 new text begin official specified in section 465.7902, subdivision 1, clauses (3) to (7), that official may new text end 45.6 new text begin not participate in the evaluation of that waiver request. new text end 45.7    Sec. 6. new text begin [465.7905] INNOVATION AND REDESIGN GRANTS. new text end 45.8     new text begin Subdivision 1. new text end new text begin Application. new text end new text begin One or more local units of government, an association new text end 45.9 new text begin of local governments, the Metropolitan Council, a local unit of government acting in new text end 45.10 new text begin conjunction with an organization or a state agency, an organization established by two new text end 45.11 new text begin or more local units of government under a joint powers agreement, or a not-for-profit new text end 45.12 new text begin organization may apply to the Minnesota Innovation and Research Council for a grant new text end 45.13 new text begin to be used to: (1) develop models for service redesign; or (2) meet the start-up costs new text end 45.14 new text begin of providing shared services or functions. Agreements solely to make joint purchases new text end 45.15 new text begin do not qualify for grants. The application must specify a nonstate funding source for new text end 45.16 new text begin 25 percent of the total cost of the proposal. The application to the council must state new text end 45.17 new text begin what other sources of funding have been considered by the local units of government to new text end 45.18 new text begin implement the project and explain why it is not possible to complete the project without new text end 45.19 new text begin assistance from the council. The council may not award a grant if it determines that the new text end 45.20 new text begin local units of government could complete the project without council assistance or if it new text end 45.21 new text begin determines the applicant has not specified a nonstate funding source for 25 percent of new text end 45.22 new text begin the total cost. A copy of the application must be provided by the units to the exclusive new text end 45.23 new text begin representatives certified under section 179A.12 to represent employees who provide the new text end 45.24 new text begin service or program affected by the application. new text end 45.25     new text begin Subd. 2. new text end new text begin Proposals. new text end new text begin (a) Proposed models for service redesign may provide options new text end 45.26 new text begin to local governments, neighborhood or community organizations, other not-for-profit new text end 45.27 new text begin organizations, or individuals to redesign service delivery. In awarding grants under this new text end 45.28 new text begin paragraph, the council must consider whether the proposal: new text end 45.29 new text begin (1) expands consumer choices and opportunities; new text end 45.30 new text begin (2) shifts government toward an expanded role as a purchaser, rather than a provider, new text end 45.31 new text begin of services; new text end 45.32 new text begin (3) reduces administrative costs through statewide or regional contracting, or related new text end 45.33 new text begin administrative efficiencies; new text end 45.34 new text begin (4) reduces administrative costs through the accumulation of multiple related new text end 45.35 new text begin services into a single contract with one provider, or related administrative efficiencies; new text end 46.1 new text begin (5) fosters entrepreneurial leadership in the public sector; and new text end 46.2 new text begin (6) increases value to the taxpayer or results per dollar spent. new text end 46.3 new text begin (b) A proposal for a grant for shared services or functions must include plans to new text end 46.4 new text begin fully integrate a service or function provided by two or more local government units. new text end 46.5 new text begin The proposal must include how value to the taxpayer or results per dollar spent will be new text end 46.6 new text begin impacted. new text end 46.7     new text begin Subd. 3. new text end new text begin Requirements. new text end new text begin A copy of the work product for which the grant was new text end 46.8 new text begin provided must be furnished to the council upon completion, and the council may new text end 46.9 new text begin disseminate it to other local units of government or interested groups. If the council finds new text end 46.10 new text begin that the work was not completed or implemented according to the terms of the grant new text end 46.11 new text begin agreement, it may require the grantee to repay all or a portion of the grant. The council new text end 46.12 new text begin shall award grants on the basis of each qualified applicant's score under the scoring new text end 46.13 new text begin system in section 465.7906. The amount of a grant under subdivision 2, paragraph (a), new text end 46.14 new text begin may not exceed $250,000. The amount of a grant under subdivision 2, paragraph (b), new text end 46.15 new text begin may not exceed $100,000. new text end 46.16    Sec. 7. new text begin [465.7906] SCORING SYSTEM. new text end 46.17 new text begin In deciding whether to award a grant under section 465.7905, the council shall new text end 46.18 new text begin use the following scoring system: new text end 46.19 new text begin (1) Up to 15 points must be awarded to reflect the extent to which the application new text end 46.20 new text begin demonstrates creative thinking, careful planning, cooperation, involvement of the clients new text end 46.21 new text begin of the affected service, and commitment to persist through challenges. new text end 46.22 new text begin (2) Up to 25 points must be awarded to reflect the extent to which the proposed new text end 46.23 new text begin project is likely to improve the quality of the service, increase value to the taxpayers or new text end 46.24 new text begin results per dollar spent, and to have benefits for other local governments. new text end 46.25 new text begin (3) Up to 15 points must be awarded to reflect the extent to which the application's new text end 46.26 new text begin budget provides sufficient detail, maximizes the use of state funds, documents the need new text end 46.27 new text begin for financial assistance, commits to local financial support, and limits expenditures to new text end 46.28 new text begin essential activities. new text end 46.29 new text begin (4) Up to 15 points must be awarded to reflect the extent to which the application new text end 46.30 new text begin reflects the statutory goal of the grant program. new text end 46.31 new text begin (5) Up to 15 points must be awarded to reflect the merit of the proposed project and new text end 46.32 new text begin the extent to which it warrants the state's financial participation. new text end 46.33 new text begin (6) Up to five points must be awarded to reflect the cost to benefit ratio projected new text end 46.34 new text begin for the proposed project. new text end 47.1 new text begin (7) Up to five points must be awarded to reflect the number of government units new text end 47.2 new text begin participating in the proposal. new text end 47.3 new text begin (8) Up to five points must be awarded to reflect the minimum length of time the new text end 47.4 new text begin application commits to implementation. new text end 47.5    Sec. 8. new text begin [465.7907] REPAYMENT OF GRANTS. new text end 47.6     new text begin Subdivision 1. new text end new text begin Repayment procedures. new text end new text begin Without regard to whether a grant recipient new text end 47.7 new text begin offered to repay the grant in its original application, as part of a grant awarded under new text end 47.8 new text begin section 465.7905, the council may require the grant recipient to repay all or part of the new text end 47.9 new text begin grant if the council determines the project funded by the grant resulted in an actual savings new text end 47.10 new text begin for the participating local units of government. The grant agreement must specify how the new text end 47.11 new text begin savings are to be determined and the period of time over which the savings will be used new text end 47.12 new text begin to calculate a repayment requirement. The repayment of grant money under this section new text end 47.13 new text begin must not exceed an amount equal to the total savings achieved through the implementation new text end 47.14 new text begin of the project. new text end 47.15     new text begin Subd. 2. new text end new text begin Bonus points. new text end new text begin In addition to the points awarded to competitive grant new text end 47.16 new text begin applications under section 465.7906, the council shall award additional points to any new text end 47.17 new text begin applicant that projects a potential cost savings through the implementation of its project new text end 47.18 new text begin and offers to repay part or all of the grant under the formula in subdivision 1. new text end 47.19     new text begin Subd. 3. new text end new text begin Use of repayment revenue. new text end new text begin All grant money repaid to the council under new text end 47.20 new text begin this section is appropriated to the council for additional grants authorized by section new text end 47.21 new text begin 465.7905. new text end 47.22    Sec. 9. new text begin [465.805] POLICY INNOVATION AND RESEARCH. new text end 47.23     new text begin Subdivision 1. new text end new text begin Research topics. new text end new text begin The council shall periodically select policy new text end 47.24 new text begin innovation topics suitable for review and analysis by a consortium of independent new text end 47.25 new text begin organizations. Topics may include general or specific functions of state government. The new text end 47.26 new text begin council shall give primary consideration to areas of concern where a comprehensive new text end 47.27 new text begin review and analysis of available research is likely to yield recommendations for policy new text end 47.28 new text begin changes that will provide significant efficiencies and improvements in the operation of new text end 47.29 new text begin state government and an increase in value to the taxpayer. Legislators and legislative new text end 47.30 new text begin committees may provide the council with recommendations for topics. The council shall new text end 47.31 new text begin make the final determination regarding the selection of topics under this section. new text end 47.32     new text begin Subd. 2. new text end new text begin Request for proposal process. new text end new text begin (a) After making the determination of a new text end 47.33 new text begin research topic under subdivision 1, the council shall prepare a request for proposal relating new text end 47.34 new text begin to the topic that specifies: new text end 48.1 new text begin (1) the precise topic and scope of the research required for the report to the new text end 48.2 new text begin commission; new text end 48.3 new text begin (2) the deadlines for the response to the request for proposal and for the subsequent new text end 48.4 new text begin report; and new text end 48.5 new text begin (3) any other restrictions or guidelines required by the commission. new text end 48.6 new text begin The council shall make the request for proposal publicly available and must new text end 48.7 new text begin review responses from any interested party. A group of individuals or organizations new text end 48.8 new text begin may submit a response. The council may encourage the development of a collaborative new text end 48.9 new text begin design lab containing a cross-section of researchers and public sector designers from new text end 48.10 new text begin various nonprofits, businesses, foundations, and education institutions to respond to the new text end 48.11 new text begin request for proposal. new text end 48.12 new text begin (b) After the deadline for submission of responses has expired, the council must hold new text end 48.13 new text begin a hearing to consider all submissions. The council shall consider the following factors in new text end 48.14 new text begin selecting a response to the request for proposal: new text end 48.15 new text begin (1) the experience and training of individuals and organizations who will prepare the new text end 48.16 new text begin report to the commission; new text end 48.17 new text begin (2) the reliability and credibility of individuals and organizations who will prepare new text end 48.18 new text begin the report; new text end 48.19 new text begin (3) the proposed method of research; and new text end 48.20 new text begin (4) the resources available for the preparation of the report. new text end 48.21 new text begin (c) After consideration and hearing of the responses to the request for proposal, the new text end 48.22 new text begin council may: new text end 48.23 new text begin (1) select a submission; new text end 48.24 new text begin (2) revise the original request for proposal and extend the deadline for responses; or new text end 48.25 new text begin (3) terminate the request for proposal process for the selected topic. new text end 48.26 new text begin The chief innovation officer shall periodically communicate with the researchers new text end 48.27 new text begin to make sure they are focused on answering the questions outlined in the request for new text end 48.28 new text begin proposals. new text end 48.29     new text begin Subd. 3. new text end new text begin Reports to council. new text end new text begin The council shall hold a hearing to receive a report new text end 48.30 new text begin prepared under this section and shall ensure that the governor and the relevant committees new text end 48.31 new text begin in the legislature are provided with notice of the report and an opportunity to review the new text end 48.32 new text begin report, including an opportunity for additional hearings. new text end 48.33    Sec. 10. new text begin [465.808] RECEIPTS; APPROPRIATION. new text end 48.34 new text begin (a) The council may charge a fee for the use of services provided by the council's new text end 48.35 new text begin staff. The receipts from fees charged under this section are deposited in a special revenue new text end 49.1 new text begin account and appropriated to the council for services provided under sections 465.7901 to new text end 49.2 new text begin 465.808. new text end 49.3 new text begin (b) The council may accept gifts and grants. Money received under this paragraph new text end 49.4 new text begin is deposited in a special revenue account and appropriated to the council for services new text end 49.5 new text begin provided under sections 465.7901 to 465.808. new text end 49.6    Sec. 11. new text begin [465.809] GUARANTEEING INCREASED VALUE TO THE new text end 49.7 new text begin TAXPAYER. new text end 49.8     new text begin Subdivision 1. new text end new text begin Report. new text end new text begin (a) The council shall report by January 15 each year to the new text end 49.9 new text begin governor and appropriate committees of the house of representatives and senate on its new text end 49.10 new text begin activities. The report shall include the amount of the council's net spending, the amount of new text end 49.11 new text begin savings and the increased outcomes to the taxpayer that was identified by the council, and new text end 49.12 new text begin the actual documented savings to state and local governments. Entities receiving grants new text end 49.13 new text begin or waivers from the council must document and verify savings to the taxpayer from the new text end 49.14 new text begin previous year's budgets. new text end 49.15     new text begin (b) The report submitted on January 15, 2014, must: (1) demonstrate that council new text end 49.16 new text begin recommendations or actions have resulted in savings of at least $3 for every $1 new text end 49.17 new text begin appropriated to the council through June 30, 2013; and (2) contain recommendations for new text end 49.18 new text begin the future that the council believes will result in at least $20 of savings for every $1 that new text end 49.19 new text begin will be appropriated to the council in the future. If the report submitted on January 15, new text end 49.20 new text begin 2014, does not comply with this paragraph, the council expires on June 30, 2014. new text end 49.21     new text begin Subd. 2. new text end new text begin Savings and increased value. new text end new text begin The council must make every effort to new text end 49.22 new text begin obtain $3 in savings and show increased value to the taxpayer for each net state dollar new text end 49.23 new text begin spent by the council. new text end 49.24     new text begin Subd. 3. new text end new text begin Innovative practices. new text end new text begin The council shall promote and drive innovative new text end 49.25 new text begin practices and must make annual recommendations to the legislature. One or all of these new text end 49.26 new text begin recommendations may be in partnership with individuals, foundations, nonprofits, or new text end 49.27 new text begin businesses. The council may make endorsements of proposals of individuals, foundations, new text end 49.28 new text begin nonprofits, or businesses when making recommendations. The council must make annual new text end 49.29 new text begin recommendations to: new text end 49.30 new text begin (1) recommend at least $20 in savings and show increased outcomes to the taxpayer new text end 49.31 new text begin for each net state dollar spent by the council. These savings may be spread out over new text end 49.32 new text begin various budget items; new text end 49.33 new text begin (2) recommend policy changes that will quantifiably improve desired outcome new text end 49.34 new text begin attainment to the taxpayer as compared to dollars spent. This shall not be limited to new text end 49.35 new text begin efficiency but may also include developing new approaches to achieve desired outcomes; new text end 50.1 new text begin (3) highlight existing innovative practices or partnerships in the state; and new text end 50.2 new text begin (4) recommend innovative models, which may include state and local government new text end 50.3 new text begin structural redesign, from across the country to the legislature; highlight innovative new text end 50.4 new text begin practices from past or contemporary reports; recommend evidence-based service delivery new text end 50.5 new text begin methods for this state; or recommend theory-based working models of approaches to new text end 50.6 new text begin policy. new text end 50.7    Sec. 12. new text begin [465.8091] SUNSET. new text end 50.8     new text begin Sections 465.7901, 465.7902, 465.7903, 465.7904, 465.7905, 465.7906, 465.7907, new text end 50.9 new text begin 465.805, 465.808, and 465.809 expire June 30, 2018. new text end 50.10    Sec. 13. new text begin APPROPRIATIONS. new text end 50.11 new text begin $50,000 is appropriated from the general fund for the fiscal year ending June 30, new text end 50.12 new text begin 2011, to the Minnesota Innovation and Research Council for the following purposes: new text end 50.13 new text begin (1) operation and administration of the council; new text end 50.14 new text begin (2) grants for models for service redesign; new text end 50.15 new text begin (3) grants for shared services and functions; new text end 50.16 new text begin (4) policy innovation and research; and new text end 50.17 new text begin (5) the strategic plan report under article 2, section 1. new text end 50.18 new text begin The appropriations in this section are contingent on receiving a dollar-for-dollar new text end 50.19 new text begin match from private sources. This is a onetime appropriation. new text end 50.20    Sec. 14. new text begin REPEALER. new text end 50.21 new text begin Minnesota Statutes 2008, section 6.80, new text end new text begin is repealed. new text end