Minnesota Legislature
HF 953
1st Committee Engrossment - 85th Legislature (2007 - 2008) Posted on 12/22/2009 12:38pm
KEY: stricken = removed, old language.
underscored = added, new language.
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 02/14/2007 |
| Committee Engrossments | ||
|---|---|---|
| 1st Committee Engrossment | Posted on 04/05/2007 |
Current Version - 1st Committee Engrossment
1.2relating to government operations; appropriating money for the general legislative
1.3and administrative expenses of state government; regulating state and local
1.4government operations; establishing the Minnesota Office on Ethnic Heritage
1.5and New Americans and the Minnesota Legislative Commission on Terrorism
1.6and Disaster Preparedness; creating the position of poet laureate; defining
1.7domestic partner; ratifying labor agreements and compensation plans; providing
1.8for continuing appropriations in certain circumstances; providing compensation
1.9for a period of partial government shutdown; creating a trust for postemployment
1.10benefits; regulating elections and voter registration; establishing a gratuity
1.11payment for certain Teacher Retirement Association members; authorizing
1.12rulemaking;amending Minnesota Statutes 2006, sections 3.85, subdivision 3;
1.133.9741, subdivision 1; 5.12, subdivision 1; 6.47; 6.51; 6.54; 6.55; 6.551; 6.57;
1.146.59; 6.60; 6.62, subdivision 2; 6.63; 6.64; 6.65; 6.66; 6.67; 6.68; 6.70; 6.71;
1.156.715, by adding a subdivision; 6.76; 13.605, subdivision 1; 15B.17, subdivision
1.161; 16A.103, subdivision 1e; 16A.11, by adding a subdivision; 16A.1286,
1.17subdivision 2; 16B.35, subdivision 1; 16C.02, subdivisions 4, 12, 14, by adding
1.18subdivisions; 16C.03, subdivisions 2, 3, 4, 8, 16, by adding subdivisions;
1.1916C.05, subdivisions 1, 2; 16C.08, subdivisions 2, 4, by adding subdivisions;
1.2016C.10, subdivision 7; 16C.16, subdivision 5; 16C.26; 16C.27, subdivision 1;
1.2116C.28; 37.06; 43A.02, by adding a subdivision; 43A.24, subdivision 1; 43A.49;
1.22103C.305, subdivision 3; 103D.355; 103D.811, subdivision 3; 103E.505,
1.23subdivision 5; 116A.13, subdivision 5; 123B.52, subdivision 1, by adding a
1.24subdivision; 160.17, by adding a subdivision; 160.262, by adding a subdivision;
1.25161.1419, subdivision 8; 161.32, by adding a subdivision; 161.3412, subdivision
1.261; 161.38, subdivision 4; 181.9413; 200.02, subdivisions 7, 23; 201.016,
1.27subdivision 1a; 201.054, subdivision 1; 201.056; 201.061, subdivisions 1, 3,
1.284, by adding a subdivision; 201.071, subdivisions 1, 3, 4; 201.081; 201.091,
1.29subdivisions 1, 8, 9, by adding a subdivision; 201.12; 201.13, subdivision 3;
1.30201.161; 201.171; 201.27, subdivision 1; 203B.02, subdivision 1; 203B.04,
1.31subdivisions 1, 4, 6; 203B.05, subdivision 2; 203B.06, subdivision 3; 203B.07,
1.32subdivisions 1, 2; 203B.08, subdivision 3; 203B.081; 203B.10; 203B.11,
1.33subdivision 4; 203B.12, subdivision 4; 203B.13, subdivisions 1, 2; 203B.16,
1.34subdivision 2; 203B.17, subdivision 2; 203B.21, subdivisions 2, 3; 203B.22;
1.35203B.24, subdivision 1; 204B.06, subdivisions 1, 8; 204B.08, subdivision 3;
1.36204B.09, subdivisions 1, 1a, 3; 204B.11, subdivision 2; 204B.16, subdivision
1.371; 204B.21, subdivision 2, by adding a subdivision; 204B.45, subdivision 2;
1.38204C.06, subdivision 1; 204C.07, subdivision 3a, by adding a subdivision;
1.39205.10, by adding a subdivision; 205.13, by adding a subdivision; 205.16,
2.1subdivisions 3, 4; 205A.05, by adding a subdivision; 205A.07, subdivisions 3,
2.23a; 205A.10, subdivisions 1, 2; 205A.11, subdivision 2; 206.57, subdivision
2.35; 206.82, subdivision 2; 206.89, subdivisions 1, 5; 211A.02, subdivision 2;
2.4211A.05, subdivision 1; 211B.03; 211B.11, subdivision 1; 302A.821, subdivision
2.54; 308A.995, subdivision 4; 308B.121, subdivision 4; 308B.215, subdivision 2;
2.6317A.823, subdivision 1; 321.0206; 325L.03; 336.1-110; 336.9-516; 336.9-525;
2.7356.219, subdivision 1; 358.41; 358.42; 358.50; 359.085, subdivisions 2, 3;
2.8365.37, by adding a subdivision; 374.13; 375.101, subdivision 1, by adding
2.9a subdivision; 375.21, by adding a subdivision; 383C.094, by adding a
2.10subdivision; 410.12, subdivision 1; 412.311; 429.041, by adding a subdivision;
2.11447.32, subdivision 4; 458D.21, by adding a subdivision; 469.015, by adding
2.12a subdivision; 469.068, subdivision 1, by adding a subdivision; 471.345,
2.13subdivision 5, by adding subdivisions; 471.61, subdivision 1a; 473.246; 473.523,
2.14by adding a subdivision; 473.756, subdivision 12; 477A.014, subdivision 4;
2.15491A.02, subdivision 4; 507.24, subdivision 2; Laws 2004, chapter 293, article
2.161, section 37, subdivision 2; Laws 2006, chapter 253, section 22, subdivision 1;
2.17Laws 2006, chapter 258, section 14, subdivision 6; proposing coding for new
2.18law in Minnesota Statutes, chapters 3; 4; 5; 6; 8; 11A; 12; 13; 15B; 16A; 16B;
2.1916C; 16E; 43A; 161; 192; 197; 203B; 204B; 308B; 321; 349A; 471; repealing
2.20Minnesota Statutes 2006, sections 3.884; 3.8841; 6.56, subdivision 1; 16A.102;
2.2116C.055, subdivision 1; 16C.08, subdivision 4a; 69.051, subdivision 1c; 200.04;
2.22201.061, subdivision 7; 201.096; 203B.02, subdivision 1a; 203B.04, subdivision
2.235; 203B.13, subdivision 3a; 359.085, subdivision 8; 645.44, subdivision 19.
2.24BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
2.28 The sums shown in the columns marked "appropriations" are appropriated to the
2.29agencies and for the purposes specified in this article. The appropriations are from the
2.30general fund, or another named fund, and are available for the fiscal years indicated
2.31for each purpose. The figures "2008" and "2009" used in this article mean that the
2.32appropriations listed under them are available for the fiscal year ending June 30, 2008, or
2.33June 30, 2009, respectively. "The first year" is fiscal year 2008. "The second year" is fiscal
2.34year 2009. "The biennium" is fiscal years 2008 and 2009.
3.1The amounts that may be spent for each
3.2purpose are specified in the following
3.3subdivisions.
3.6During the biennium ending June 30, 2009,
3.7any revenues received by the house of
3.8representatives from sponsorship notices in
3.9broadcast or print media are appropriated to
3.10the house of representatives.
3.15$600,000 the first year and $600,000 the
3.16second year are for public information
3.17television, Internet, Intranet, and other
3.18transmission of legislative activities. At
3.19least one-half of those amounts must go for
3.20programming to be broadcast and transmitted
3.21to rural Minnesota.
3.22$5,624,000 the first year and $5,469,000 the
3.23second year are for the Office of the Revisor
3.24of Statutes.
3.25$1,257,000 the first year and $1,254,000 the
3.26second year are for the Legislative Reference
3.27Library.
3.28$5,594,000 the first year and $5,595,000
3.29the second year are for the Office of the
3.30Legislative Auditor.
3.31All legislative offices should, whenever
3.32possible, implement information technology
3.33systems that are compatible and work
3.34seamlessly across the legislature. Wherever
4.1possible, single systems should be
4.2implemented to avoid unnecessary
4.3duplication and inefficiency. The directors
4.4of information technology for the senate,
4.5house of representatives, and the Legislative
4.6Coordinating Commission must submit
4.7a written report describing their efforts
4.8to collaborate on implementing shared
4.9information technology systems. The report
4.10must be submitted to the chairs of the house
4.11of representatives and senate committees
4.12with jurisdiction over rules and to the
4.13Legislative Coordinating Commission on
4.14January 15, 2008, and January 15, 2009.
4.17(a) This appropriation is to fund the Office of
4.18the Governor and Lieutenant Governor.
4.19$19,000 the first year and $19,000 the
4.20second year are for necessary expenses in
4.21the normal performance of the governor's
4.22and lieutenant governor's duties for which no
4.23other reimbursement is provided.
4.24(b) By September 1 of each year, the
4.25commissioner of finance shall report to
4.26the chairs of the senate Governmental
4.27Operations Budget Division and the house
4.28State Government Finance Division any
4.29personnel costs incurred by the Office of
4.30the Governor and Lieutenant Governor that
4.31were supported by appropriations to other
4.32agencies during the previous fiscal year.
4.33The Office of the Governor shall inform the
4.34chairs of the divisions before initiating any
4.35interagency agreements.
5.16$310,000 of this appropriation must be
5.17transferred to the Help America Vote Act
5.18account and is designated as a portion of the
5.19match required by section 253(b)(5) of the
5.20Help America Vote Act.
5.21$2,844,000 the first year is appropriated from
5.22the Help America Vote Act account for the
5.23purposes and uses authorized by federal law.
5.24This appropriation is available until June 30,
5.252009.
5.26Notwithstanding Laws 2005, chapter 162,
5.27section 34, subdivision 7, any balance
5.28remaining in the Help America Vote Act
5.29account after previous appropriations and the
5.30appropriations in this section is appropriated
5.31to the secretary of state for the purposes of
5.32the account. This appropriation is available
5.33until June 30, 2011.
5.34$250,000 the first year is for a grant to Kids
5.35Voting Minnesota, to educate children about
6.1voting and the democratic process. This
6.2appropriation is available until spent.
6.8(a) $2,000,000 the first year is for the first
6.9phase of an electronic licensing system.
6.10This is a onetime appropriation. This
6.11appropriation carries forward to the second
6.12year.
6.13(b) $10,000,000 the first year is for
6.14information technology security.
6.15(c) $500,000 the first year and $500,000 the
6.16second year are for oversight and analysis of
6.17state technology investments.
6.18(d) $1,456,000 the first year and $1,000,000
6.19the second year are for small agency
6.20technology infrastructure. During the first
6.21biennium, these amounts are intended to
6.22include hardware and software improvements
6.23for the Asian-Pacific Council, the Capitol
6.24Area Architectural and Planning Board,
6.25the Minnesota Library for the Blind,
6.26the Minnesota State Academies, and
6.27the Ombudsman for Mental Health and
6.28Developmental Disabilities. Ongoing
6.29funding for improvements made during fiscal
6.30years 2008 and 2009 may be added to the
6.31base funding for those agencies in fiscal
6.32years 2010 and 2011.
7.1(e) $68,000 is for an electronic documents
7.2study and report.
7.3(f) $200,000 is for grants to be distributed to
7.4the counties participating in the development
7.5of the integrated financial system for
7.6enhancements to the system. Enhancements
7.7include:
7.8(1) systems to improve the tracking and
7.9reporting of state and federal grants;
7.10(2) electronic payments to vendors;
7.11(3) electronic posting of state payments to
7.12the financial system;
7.13(4) automating revenue collection and
7.14posting through check conversion, automatic
7.15clearing house transactions, or credit card
7.16processing;
7.17(5) improvements to county budgetary
7.18systems;
7.19(6) storage or linkage of electronic
7.20documents;
7.21(7) improved executive level reporting and
7.22extraction of data; and
7.23(8) improved information and reporting for
7.24audits.
7.25The grant funds shall be distributed on a pro
7.26rata basis to each of the counties participating
7.27in the development of the integrated financial
7.28system. The Minnesota Counties Computer
7.29Cooperative, acting as a fiscal agent for
7.30the participating counties, shall receive the
7.31grant money for the counties. The grants
7.32will only be distributed after $600,000 is
7.33expended or provided from other sources.
7.34The chief information officer may require
8.1a report or such other information as the
8.2chief information officer deems appropriate
8.3to verify that the requirements of this
8.4section have been met. This appropriation
8.5is available until June 30, 2011, and cancels
8.6on that date.
8.13$266,000 each year is for two workers'
8.14compensation judges, to be located in Duluth.
8.17The amounts that may be spent for each
8.18purpose are specified in the following
8.19subdivisions.
8.21(a) $7,888,000 the first year and $7,888,000
8.22the second year are for office space costs of
8.23the legislature and veterans organizations,
8.24for ceremonial space, and for statutorily free
8.25space.
8.26(b) $2,500,000 the first year is to purchase
8.27and implement a Web-enabled, shared
8.28computer system to facilitate the state's real
8.29property portfolio management.
8.30(c) $250,000 the first year and $250,000 the
8.31second year are for the energy conservation
8.32recommissioning activities in state buildings.
9.1(a) $60,000 the first year and $240,000 the
9.2second year are to fund activities to prepare
9.3for and promote the 2010 census. Base
9.4funding for this activity is $260,000 in fiscal
9.5year 2010 and $180,000 in fiscal year 2011.
9.6(b) $1,100,000 the first year and $1,100,000
9.7the second year are for the Land Management
9.8Information Center.
9.9(c) $196,000 the first year and $196,000 the
9.10second year are for the Office of the State
9.11Archaeologist.
9.13(a) $125,000 the first year is to create an
9.14Office of Grants Management to standardize
9.15state grants management policies and
9.16procedures. For the fiscal year beginning
9.17July 1, 2008, the commissioner must deduct
9.18from state grants subject to nongovernmental
9.19entities up to $125,000, as necessary to
9.20fund the commissioner's duties under
9.21new Minnesota Statutes, sections 16B.97
9.22and 16B.98. The amount deducted from
9.23appropriations for these grants is transferred
9.24to the commissioner for purposes of
9.25administering those sections.
9.26(b) $285,000 the first year is to fund a pilot
9.27project to reduce state expenditures on
9.28professional/technical contracts negotiations.
9.29(c) $250,000 the first year and $250,000
9.30the second year are to establish a small
9.31agency resource team to consolidate and
9.32streamline the human resources and financial
9.33management activities for small state
9.34agencies, boards, and councils.
10.1(d) $425,000 the first year is a onetime
10.2appropriation for a targeted group business
10.3disparity study. The commissioner must
10.4cooperate with units of local government
10.5conducting similar studies.
10.6(e) $74,000 the first year and $74,000
10.7the second year are for the Council on
10.8Developmental Disabilities.
10.9(f) $53,000 the first year and $36,000 the
10.10second year are for the genetic information
10.11work group and report.
10.12(g) $250,000 in fiscal year 2008 and
10.13$250,000 in fiscal year 2009 are for a grant
10.14to the Council on Developmental Disabilities
10.15for the purpose of establishing a statewide
10.16self-advocacy network for persons with
10.17intellectual and developmental disabilities
10.18(ID/DD). The self-advocacy network shall:
10.19(1) ensure that persons with ID/DD are
10.20informed of their rights in employment,
10.21housing, transportation, voting, government
10.22policy, and other issues pertinent to the
10.23ID/DD community;
10.24(2) provide public education and awareness
10.25of the civil and human rights issues persons
10.26with ID/DD face;
10.27(3) provide funds, technical assistance, and
10.28other resources for self-advocacy groups
10.29across the state; and
10.30(4) organize systems of communications
10.31to facilitate an exchange of information
10.32between self-advocacy groups.
11.1This appropriation is in addition to any other
11.2appropriations and must be added to the base
11.3appropriation beginning in fiscal year 2010.
11.4(h) $75,000 is for purposes of promotion
11.5of document imaging work in government
11.6agencies to be done by persons with
11.7developmental disabilities.
11.9(a) $100,000 the first year is for the
11.10sustainable growth working group.
11.11(b) $500,000 is for a grant to Washington
11.12County for capital improvements detailed in
11.13the approved planned unit development for
11.14the Disabled Veteran's Rest Camp to provide
11.15increased capacity, amenities, access, and
11.16safety for Minnesota veterans.
11.20$65,000 in fiscal year 2008 is for the
11.21decennial expenses related to the board's
11.22duties under Minnesota Statutes, section
11.23473.864, subdivisions 1 and 2. Money
11.24appropriated in fiscal year 2008 is available
11.25until June 30, 2009. This is a onetime
11.26appropriation.
11.29The amounts that may be spent for each
11.30purpose are specified in the following
11.31subdivisions.
12.1(a) $315,000 the first year is for the state's
12.2share of the cost of bankruptcy counsel
12.3representing joint interests of the state and
12.4the city of Duluth in the Northwest Airlines
12.5bankruptcy. This is a onetime appropriation.
12.6(b) Notwithstanding the provisions of
12.7Minnesota Statutes, section 16A.1522,
12.8subdivision 4, the commissioner of finance
12.9shall designate any positive general fund
12.10budgetary balance on June 30, 2007, as an
12.11unrestricted balance. Money so designated
12.12shall remain available for general fund
12.13appropriations authorized in fiscal years
12.142008 and 2009.
12.17$7,000,000 the first year is for costs related to
12.18the Minnesota Accounting and Procurement
12.19System (MAPS). $6,500,000 is to implement
12.20remediation strategies as necessary to avoid
12.21a systemic failure. $500,000 of the first year
12.22total is for planning for the system's eventual
12.23replacement.
12.25(a) $250,000 each year is for the Center for
12.26Health Care Purchasing Improvement.
12.27(b) $186,000 the first year and $203,000 the
12.28second year are for transfer to state agencies
12.29for additional expenses incurred as a result
12.30of expanded use of sick leave authorized by
12.31this act.
12.32(c) $350,000 the first year is to support the
12.33use of an electronic portfolio system to
12.34provide personal health records for MnSCU
13.1employees and other participants in the state
13.2employee group insurance program. Of
13.3this amount, $50,000 is for transfer to the
13.4University of Minnesota Health Informatics
13.5Division to evaluate the use and impact of
13.6personal health records on these employees.
13.7This appropriation is available until June 30,
13.82009.
13.18The amounts that may be spent for each
13.19purpose are specified in subdivisions 2 and 3.
13.27(a) $6,910,000 the first year and $8,704,000
13.28the second year are for additional activities
13.29to identify and collect tax liabilities from
13.30individuals and businesses that currently
13.31do not pay all taxes owed. This initiative
13.32is expected to result in new general fund
13.33revenues of $42,400,000 for the biennium
13.34ending June 30, 2009.
13.35(b) The department must report to the chairs
13.36of the house of representatives Ways and
14.1Means and senate Finance Committees by
14.2March 1, 2008, and January 15, 2009, on the
14.3following performance indicators:
14.4(1) the number of corporations noncompliant
14.5with the corporate tax system each year and
14.6the percentage and dollar amounts of valid
14.7tax liabilities collected;
14.8(2) the number of businesses noncompliant
14.9with the sales and use tax system and the
14.10percentage and dollar amount of the valid tax
14.11liabilities collected; and
14.12(3) the number of individual noncompliant
14.13cases resolved and the percentage and dollar
14.14amounts of valid tax liabilities collected.
14.15(c) The reports must also identify base-level
14.16expenditures and staff positions related to
14.17compliance and audit activities, including
14.18baseline information as of January 1, 2006.
14.19The information must be provided at the
14.20budget activity level.
14.21(d) $12,000,000 the first year is for the
14.22purchase and development of an integrated
14.23tax software package.
14.24(e) $75,000 the first year and $75,000 the
14.25second year are for grants to one or more
14.26nonprofit organizations, qualifying under
14.27section 501(c)(3) of the Internal Revenue
14.28Code of 1986, to coordinate, facilitate,
14.29encourage, and aid in the provision of
14.30taxpayer assistance services. For purposes
14.31of this paragraph, "taxpayer assistance
14.32services" means accounting and tax
14.33preparation services provided by volunteers
14.34to low-income and disadvantaged Minnesota
14.35residents to help them file federal and
15.1state income tax returns and Minnesota
15.2property tax refund claims and may include
15.3providing personal representation before
15.4the Department of Revenue and Internal
15.5Revenue Service.
15.7$1,750,000 the first year and $3,110,000
15.8the second year are for additional activities
15.9to identify and collect tax liabilities from
15.10individuals and businesses that currently do
15.11not pay all taxes owed. This initiative is
15.12expected to result in new general revenues of
15.13$60,000,000 for the biennium ending June
15.1430, 2009.
15.21The amounts that may be spent for each
15.22purpose are specified in the following
15.23subdivisions.
15.25$185,000 the first year is to pay special
15.26assessments levied against state property.
15.27This is a onetime appropriation.
15.32(a) $1,500,000 the first year is for the
15.33Minnesota National Guard reintegration
16.1program. This appropriation is available
16.2until spent.
16.3(b) $275,000 the first year and $285,000 the
16.4second year are for additional staffing.
16.5(c) $338,000 each year is from the account
16.6in the special revenue fund established in
16.7Minnesota Statutes, section 190.19, for
16.8grants under that section.
16.9(d) $25,000 the first year is for a longitudinal
16.10study measuring improvement in academic
16.11achievement as a result of participation in the
16.12Starbase program.
16.14If appropriations for either year of the
16.15biennium are insufficient, the appropriation
16.16from the other year is available. The
16.17appropriations for enlistment incentives are
16.18available until expended.
16.20These appropriations are from the lawful
16.21gambling regulation account in the special
16.22revenue fund.
16.24(a) These appropriations are from racing
16.25regulation accounts in the special revenue
16.26fund.
16.27(b) $295,000 the first year and $64,000 the
16.28second year and thereafter are for information
16.29technology improvements implemented in
16.30consultation with the Office of Enterprise
16.31Technology as part of the small agency
16.32technology initiative.
17.2Notwithstanding Minnesota Statutes, section
17.3349A.10 , subdivision 3, the operating budget
17.4must not exceed $27,378,000 in fiscal year
17.52008 and $28,141,000 in fiscal year 2009.
17.7To be spent by the commissioner of finance.
17.8If the appropriation for either year is
17.9insufficient, the appropriation for the other
17.10year is available for it.
17.13(a) The amounts estimated to be needed for
17.14each program are as follows:
17.16Under Minnesota Statutes, sections 3A.03,
17.17subdivision 2, 3A.04, subdivisions 3 and 4;
17.18and 3A.115.
17.20Under Minnesota Statutes, sections
17.21352C.031, subdivision 5;352C.04 ,
17.22subdivision 3; and352C.09 , subdivision 2.
17.23(b) If an appropriation in this section for
17.24either year is insufficient, the appropriation
17.25for the other year is available for it.
17.28The amounts estimated to be needed under
17.29Minnesota Statutes, section 422A.101,
17.30subdivision 3.
18.3The amounts estimated to be needed are as
18.4follows:
18.15The amounts estimated to be needed for
18.16special direct state aid to first class city
18.17teachers retirement funds authorized under
18.18Minnesota Statutes, section354A.12 ,
18.19subdivisions 3a and 3c.
18.29(a) The appropriations in this section
18.30may only be spent with the approval of
18.31the governor after consultation with the
18.32Legislative Advisory Commission pursuant
18.33to Minnesota Statutes, section 3.30.
18.34(b) If an appropriation in this section for
18.35either year is insufficient, the appropriation
18.36for the other year is available for it.
19.1(c) If a contingent account appropriation
19.2is made in one fiscal year, it should be
19.3considered a biennial appropriation.
19.4 Sec. 26. MANAGERIAL POSITION REDUCTIONS.
19.5 The governor must reduce the number of deputy commissioners, assistant
19.6commissioners, and positions designated as unclassified under authority of Minnesota
19.7Statutes, section 43A.08, subdivision 1a, by an amount that will generate savings to the
19.8general fund of $775,000 in the biennium ending June 30, 2009, and $7,600,000 in the
19.9biennium ending June 30, 2011.
19.12 Section 1. [3.052] SCHEDULE FOR CONSIDERATION OF LEGISLATION.
19.13 Subdivision 1. Agency bills. An executive department or agency intending to urge
19.14the legislature to adopt a bill shall deliver the bill to the revisor of statutes by November
19.151 before the regular session at which adoption will be urged. This deadline does not
19.16apply: (1) to bills necessary to implement the governor's budget proposals; (2) to other
19.17bills that are policy initiatives of the governor, as opposed to administrative initiatives of a
19.18department or agency; or (3) as otherwise provided in section 3C.035.
19.19 Subd. 2. State of the state. The governor is encouraged to submit a state of the state
19.20address in January of each odd-numbered year and within the first ten days after the start
19.21of the legislative session in an even-numbered year. Before or during this address, the
19.22governor is encouraged to announce major legislative policy initiatives that the governor
19.23intends to promote that year.
19.24 Subd. 3. Executive submission of budget bills. The governor must submit bills
19.25necessary to implement the governor's operating budget to the legislature within one
19.26week after the date specified in section 16A.11 for the governor to submit the detailed
19.27operating budget to the legislature. The bills must be provided to the speaker of the house
19.28of representatives and the majority leader of the senate in a manner ready for formal
19.29introduction and final consideration.
19.30 Sec. 2. [3.181] PRINTED MATERIALS.
19.31 If paper copies of legislative bills and amendments are printed, they must be printed
19.32on paper that measures 8-1/2 inches by 11 inches.
20.1EFFECTIVE DATE.This section is effective January 1, 2009.
20.2 Sec. 3. [3.3051] PUBLIC INFORMATION.
20.3 The Legislative Coordinating Commission must establish a joint legislative public
20.4information office.
20.5 The office is the legislative entity responsible for:
20.6 (1) producing legislative directories and rosters, news magazines, and general
20.7educational materials about the legislative process;
20.8 (2) in cooperation with other legislative offices, providing schedules of legislative
20.9meetings;
20.10 (3) producing television coverage of certain legislative proceedings; and
20.11 (4) performing other functions assigned by the Legislative Coordinating
20.12Commission.
20.13 Sec. 4. [3.306] MEETING TIMES.
20.14 The house of representatives and the senate must adopt rules that set one time as the
20.15regular hour of convening daily sessions in both houses.
20.16 Sec. 5. [3.3061] JOINT STANDING COMMITTEES.
20.17 The house of representatives and the senate are encouraged to adopt rules that:
20.18 (1) establish a system of joint standing committees to consider and report on
20.19legislation and conduct other legislative business, except that each house may separately
20.20establish a committee on rules and administration and a committee on ethics; or
20.21 (2) provide that house and senate committees with similar jurisdiction will meet at
20.22the same time to facilitate joint meetings.
20.23 Sec. 6. Minnesota Statutes 2006, section 3.85, subdivision 3, is amended to read:
20.24 Subd. 3. Membership. The commission consists offive seven members of the
20.25senate appointed by the Subcommittee on Committees of the Committee on Rules and
20.26Administration andfive seven members of the house of representatives appointed by the
20.27speaker. Members shall be appointed at the commencement of each regular session of the
20.28legislature for a two-year term beginning January 16 of the first year of the regular session.
20.29Members continue to serve until their successors are appointed. Vacancies that occur while
20.30the legislature is in session shall be filled like regular appointments. If the legislature is not
20.31in session, senate vacancies shall be filled by the last Subcommittee on Committees of the
20.32senate Committee on Rules and Administration or other appointing authority designated
21.1by the senate rules, and house vacancies shall be filled by the last speaker of the house, or
21.2if the speaker is not available, by the last chair of the house Rules Committee.
21.3 Sec. 7. [3.9228] MINNESOTA OFFICE ON ETHNIC HERITAGE AND NEW
21.4AMERICANS.
21.5 Subdivision 1. Office established. The Minnesota Office of Ethnic Heritage and
21.6New Americans is established to: (1) recognize the state's rich ethnic diversity and the
21.7contributions that immigrants have made to the state's social, economic, and cultural
21.8history; and (2) capitalize on and develop the strengths of the immigrant community in
21.9Minnesota. The commission shall assist state government to foster an understanding and
21.10appreciation of ethnic and cultural diversity in Minnesota, to more effectively identify
21.11the underutilized resources within the immigrant community and to facilitate the full
21.12participation of immigrants in social, cultural, and political life in this state.
21.13 Subd. 2. Membership. The Minnesota Office of Ethnic Heritage and New
21.14Americans consists of 14 members: the Subcommittee on Committees of the Committee
21.15on Rules and Administration of the senate shall appoint two public members and two
21.16senators; and the speaker of the house of representatives shall appoint two public members
21.17and two members of the house of representatives. The governor shall appoint six public
21.18members.
21.19 Appointees must have proven experience and dedication to working with the wide
21.20range of ethnic communities within Minnesota, the immigrant community, and possess
21.21training and experience in business, management, economics, public policy, legal affairs,
21.22and social work. The appointing authorities shall seek to collaborate with each other and
21.23with the councils established in sections 3.9223, 3.9225, and 3.9226 to ensure that the
21.24public membership of the commission is ethnically and geographically diverse and is
21.25reasonably balanced by gender.
21.26 Compensation and the filling of vacancies or appointed members are as provided in
21.27section 15.0575. The appointments required under this subdivision must be completed
21.28no later than September 1, 2007.
21.29 Subd. 3. Organization. As soon as possible after the appointments under
21.30subdivision 2 have been completed, the executive director of the Legislative Coordinating
21.31Commission shall convene the first meeting of the commission. The members of the
21.32commission shall select their chairperson at the first meeting.
21.33 Subd. 4. Assistance. The Legislative Coordinating Commission shall provide the
21.34administrative and clerical support services necessary for the operation of the Minnesota
21.35Office on Ethnic Heritage and New Americans.
22.1 Subd. 5. Duties. The Minnesota Office of Ethnic Heritage and New Americans shall:
22.2 (1) work with community leaders, the legislature, and the executive branch to
22.3develop programs and proposals that will encourage ethnic identity, preserve ethnic
22.4heritage, and promote education of the public about the state's heritage and cultural history;
22.5 (2) make recommendations to the legislature and the governor intended to foster the
22.6understanding and appreciation of cultural diversity in the state;
22.7 (3) maintain association with ethnic, cultural, and minority groups to determine
22.8community needs;
22.9 (4) study and consider opportunities and issues for the immigrant community in
22.10this state, including:
22.11 (i) steps to eliminate underutilization of immigrants in the state's work force;
22.12 (ii) improving the efficient use of existing state programs and services; and
22.13 (iii) other appropriate steps to improve the economic and social condition of
22.14immigrants in this state.
22.15 By December 1, 2008, the commission shall report to the chairs of the legislative
22.16committees and divisions with jurisdiction over issues affecting ethnic heritage and
22.17immigrants. The report must include a discussion of the items listed in this subdivision
22.18together with recommendations for state agencies and the legislature, including any
22.19proposed legislation necessary to accomplish the recommendations. The executive
22.20director of the Legislative Coordinating Commission shall ensure that copies of the report
22.21are available on the Legislative Coordinating Commission's Web site.
22.22 Subd. 6. Expiration. This section expires on June 30, 2009.
22.23 Sec. 8. Minnesota Statutes 2006, section 3.9741, subdivision 1, is amended to read:
22.24 Subdivision 1. Metropolitan Commission. Upon the audit of the financial accounts
22.25and affairs of a commission under section473.595 ,
473.604 , or
473.703 , the affected
22.26Metropolitan Commission is liable to the state for the total cost and expenses of the
22.27audit, including the salaries paid to the examiners while actually engaged in making
22.28the examination. The legislative auditor may bill the Metropolitan Commission either
22.29monthly or at the completion of the audit. All collections received for the audits must be
22.30deposited in the general fund added to the appropriation for the legislative auditor.
22.31EFFECTIVE DATE.This section is effective the day following final enactment.
22.32 Sec. 9. [4.60] POET LAUREATE.
22.33 (a) The position of poet laureate of the state of Minnesota is established. The
22.34Minnesota Humanities Commission must solicit nominations for the poet laureate
23.1appointment and must make recommendations to the governor. After receiving
23.2recommendations from the Minnesota Humanities Commission, the governor shall
23.3appoint a state poet laureate and conduct appropriate ceremonies to honor the person
23.4appointed. The person appointed as poet laureate continues to serve in this position until
23.5the governor appoints another person.
23.6 (b) State agencies and officers are encouraged to use the services of the poet laureate
23.7for appropriate ceremonies and celebrations.
23.8 Sec. 10. Minnesota Statutes 2006, section 5.12, subdivision 1, is amended to read:
23.9 Subdivision 1. Fees. The secretary of state shall charge a fee of $5 for each
23.10certificate or certification of a copy of any document filed in the Office of the Secretary
23.11of State. The secretary of state shall charge a fee of $3 for a copy of an original filing of
23.12a corporation, limited partnership, assumed name, or trade or service mark, or for the
23.13complete record of a certificate of assumed name. The secretary of state shall charge a
23.14fee of $3 for a copy of any or all subsequent filings of a corporation, limited partnership,
23.15assumed name, or trade or service mark. The secretary of state shall charge a fee of $1 per
23.16page for copies of other nonuniform commercial code documents filed with the secretary of
23.17state. At the time of filing, the secretary of state may provide at the public counter, without
23.18charge, a copy of a filing, ten or fewer pages in length, to the person making the filing.
23.19EFFECTIVE DATE.This section is effective August 1, 2007.
23.20 Sec. 11. [5.32] TEMPORARY TECHNOLOGY SURCHARGE.
23.21 Subdivision 1. Surcharge. For fiscal years 2008 and 2009, the following technology
23.22surcharges are imposed on the filing fees required under the following statutes:
23.23 (1) $25 for articles of incorporation filed under section 302A.151;
23.24 (2) $25 for articles of organization filed under section 322B.17;
23.25 (3) $25 for applications for certificates of authority to transact business in Minnesota
23.26filed under section 303.06;
23.27 (4) $20 for annual reports filed by non-Minnesota corporations under section
23.28303.14; and
23.29 (5) $50 for reinstatements to authority to transact business in Minnesota filed under
23.30section 303.19.
23.31 Subd. 2. Deposit. The surcharges listed in subdivision 1 shall be deposited into the
23.32uniform commercial code account.
23.33 Subd. 3. Expiration. This section expires June 30, 2009.
24.1 Sec. 12. [6.465] DEFINITIONS.
24.2 Subdivision 1. Application. For the purposes of this chapter, the terms defined in
24.3this section have the meaning given them.
24.4 Subd. 2. Political subdivision. "Political subdivision" means a county, home rule
24.5charter or statutory city, town, school district, metropolitan or regional agency, public
24.6corporation, political subdivision, or special district as defined in subdivision 3. "Political
24.7subdivision" does not include a metropolitan or regional agency or a public corporation
24.8audited by the legislative auditor.
24.9 Subd. 3. Special district. "Special district" means a public entity with a special
24.10or limited purpose, financed by property tax revenues or other public funds, that is
24.11not included in a city, county, or town financial report as a component of that local
24.12government, that is created or authorized by law, and that is governed by (1) persons
24.13directly elected to the governing board of the district, (2) persons appointed to the
24.14governing board of the district by local elected officials, (3) local elected officials who
24.15serve on the board by virtue of their elected office, or (4) a combination of these methods
24.16of selection. Special district includes special taxing districts listed in section 275.066.
24.17 Sec. 13. Minnesota Statutes 2006, section 6.47, is amended to read:
24.186.47 ACCOUNTING AND BUDGETING SYSTEMS; INVESTIGATION,
24.19FORMS.
24.20 The state auditor shall inquire into the accounting and budgeting systems of all
24.21local units of government political subdivisions and shall prescribe suitable systems of
24.22accounts and budgeting, and forms, books, and instructions concerning the same. At the
24.23request of anylocal unit of government political subdivision the state auditor may install
24.24such systems.The state auditor shall recommend a form for order- and warrant-checks of
24.25all local units of government which shall conform, so far as consistent with statutory and
24.26charter requirements, to approved banking practice in order to facilitate handling of such
24.27instruments by banks and other depositories.
24.28 Sec. 14. Minnesota Statutes 2006, section 6.51, is amended to read:
24.296.51SCHOOL DISTRICTS, TOWNS, AND STATUTORY CITIES OTHER
24.30POLITICAL SUBDIVISIONS.
24.31 All powers and duties of the state auditor herein imposed and conferred with respect
24.32to the supervision, inspection, and examination of books and accounts of cities in section
24.336.50
are herewith extended to all school districts, towns, and statutory cities political
24.34subdivisions of this state. A copy of the report of such examination shall be filed, subject
25.1to public inspection, with the clerk or chief administrative officer of thetown, statutory
25.2city, or school district political subdivision receiving such examination, and an additional
25.3copy with the county auditor of the county in which the administrative offices ofsuch
25.4town, statutory city, or school district the political subdivision are located. If such report
25.5disclose malfeasance, misfeasance, or nonfeasance in office, the state auditor shall file
25.6such copy with the county attorney of the county in which the administrative offices of
25.7such school district, town, or statutory city the political subdivision are located, and the
25.8county attorney shall institute such proceedings as the law and the public interest require.
25.9 Sec. 15. Minnesota Statutes 2006, section 6.54, is amended to read:
25.106.54 EXAMINATION OFCOUNTY AND MUNICIPAL POLITICAL
25.11SUBDIVISION RECORDS PURSUANT TO PETITION.
25.12 Subdivision 1. Petition of voters for audit. The registered voters in acounty or
25.13home rule charter or statutory city political subdivision other than a town or school district
25.14or the electors at an annual or special town meeting of a town may petition the state
25.15auditor to examine the books, records, accounts, and affairs of thecounty, home rule
25.16charter or statutory city, town, political subdivision or of any organizational unit, activity,
25.17project, enterprise, or fund thereof; and the scope of the examination may be limited by the
25.18petition, but the examination shall cover, at least, all cash received and disbursed and the
25.19transactions relating thereto, provided that the state auditor shall not examine more than
25.20the six latest years preceding the circulation of the petition, unless it appears to the state
25.21auditor during the examination that the audit period should be extended to permit a full
25.22recovery under bonds furnished by public officers or employees, and may if it appears to
25.23the auditor in the public interest confine the period or the scope of audit or both period and
25.24scope of audit, to less than that requested by the petition. In the case of acounty or home
25.25rule charter or statutory city political subdivision other than a town or school district, the
25.26petition shall be signed by a number of registered voters at least equal to 20 percent of
25.27those voting in the last presidential election.
25.28 Subd. 2. School districts. The eligible voters of any school district may petition the
25.29state auditor, who shall be subject to the same restrictions regarding the scope and period
25.30of audit, provided that the petition shall be signed by at least ten eligible voters for each 50
25.31resident pupils in average daily membership during the preceding school year as shown on
25.32the records in the office of the commissioner of education. In the case of school districts,
25.33the petition shall be signed by at least ten eligible voters.
25.34 Subd. 3. Certifications required. At the time it is circulated, every petition shall
25.35contain a statement that the cost of the audit will be borne by thecounty, city, or school
26.1district political subdivision as provided by law. Thirty days before the petition is
26.2delivered to the state auditor it shall be presented to the appropriatecity or school district
26.3clerk or chief administrative officer of the political subdivision and the county auditor.
26.4The county auditor shall determine and certify whether the petition is signed by the
26.5required number of registered voters or eligible voters as the case may be. The certificate
26.6shall be conclusive evidence thereof in any action or proceeding for the recovery of the
26.7costs, charges, and expenses of any examination made pursuant to the petition.
26.8 Sec. 16. Minnesota Statutes 2006, section 6.55, is amended to read:
26.96.55 EXAMINATION OF RECORDS PURSUANT TO RESOLUTION OF
26.10GOVERNING BODY.
26.11 The governing body of anycity, town, county or school district, political subdivision
26.12by appropriate resolution may ask the state auditor to examine the books, records,
26.13accounts and affairs of their government, or of any organizational unit, activity, project,
26.14enterprise, or fund thereof; and the state auditor shall examine the same upon receiving,
26.15pursuant to said resolution, a written request signed by a majority of the members of the
26.16governing body; and the governing body of anypublic utility commission, or of any
26.17public corporation having a body politic and corporate political subdivision, or of any
26.18instrumentality joint or several of anycity, town, county, or school district political
26.19subdivision, may request an audit of its books, records, accounts and affairs in the same
26.20manner; provided that the scope of the examination may be limited by the request, but
26.21such examination shall cover, at least, all cash received and disbursed and the transactions
26.22relating thereto. Such written request shall be presented to the clerk,or recording officer,
26.23or chief administrative officer ofsuch city, town, county, school district, public utility
26.24commission, public corporation, the political subdivision or instrumentality, before
26.25being presented to the state auditor, who shall determine whether the same is signed
26.26by a majority of the members of such governing body and, if found to be so signed,
26.27shall certify such fact, and the fact that such resolution was passed, which certificate
26.28shall be conclusive evidence thereof in any action or proceedings for the recovery of the
26.29costs, charges and expenses of any examination made pursuant to such request. Nothing
26.30contained in any of the laws of the state relating to the state auditor, shall be so construed
26.31as to prevent anycounty, city, town, or school district political subdivision from employing
26.32a certified public accountant to examine its books, records, accounts, and affairs. For the
26.33purposes of this section, the governing body of a town is the town board.
27.1 Sec. 17. Minnesota Statutes 2006, section 6.551, is amended to read:
27.26.551 EXAMINATION OF GRANTEES AND CONTRACTORS OFLOCAL
27.3GOVERNMENTS POLITICAL SUBDIVISIONS.
27.4 The state auditor may examine the books, records, documents, and accounting
27.5procedures and practices of a contractor or grantee of alocal government political
27.6subdivision pursuant to section16C.05, subdivision 5 . The examination shall be limited to
27.7the books, records, documents, and accounting procedures and practices that are relevant
27.8to the contract or transaction with thelocal government political subdivision.
27.9 Sec. 18. Minnesota Statutes 2006, section 6.57, is amended to read:
27.106.57 COST OF EXAMINATION, COLLECTION.
27.11 On Julyfirst, 1 of each year, the state auditor shall certify all uncollected claims for
27.12the examination of anycounty, city, town, or school district which political subdivision
27.13that have remained unpaid for a period of three months from the date of such claim. The
27.14auditor shall forthwith notify the clerk,or recording officer, or chief administrative officer
27.15of eachcounty, city, town, or school district political subdivision against which the state
27.16has a claim that, if the same is not paid, with interest at the rate of six percent per annum
27.17from the date of the claim, within 90 days, the full amount thereof will be certified to the
27.18county auditor of the county having such examination, or to the county auditor for the
27.19county or counties in whichsuch city, town, or school district the political subdivision is
27.20situated, for collection by special tax levy, as herein provided. Such notice shall be served
27.21by certified mail and the deposit thereof in the United States mail shall constitute due and
27.22legal service thereof upon thecounty, city, town, or school district political subdivision.
27.23 Sec. 19. Minnesota Statutes 2006, section 6.59, is amended to read:
27.246.59 CLAIM OF STATE FOR COST OF EXAMINATION, CONTEST.
27.25 On or before Septemberfirst 1 of each year, following service of the notice, any such
27.26county, city, town, or school district political subdivision may serve notice, in writing,
27.27upon the attorney general that it desires to contest the legality of the state's claim, and
27.28the attorney general shall forthwith file with the court administrator of the district court
27.29of the county having such examination, or in whichsuch city, town, or school district
27.30the political subdivision, or major part thereof, is situated, a verified statement of the
27.31state's claim, duly itemized and serve upon the auditoror, clerk, or chief administrative
27.32officer ofsuch county, city, town, or school district the political subdivision, by certified
27.33mail, a copy of such statement.Such county, city, town, or school district The political
28.1subdivision may file with the court administrator of such district court, within ten days
28.2after the service of such statement upon it, verified objections to the state's claim, and such
28.3district court shall thereupon summarily, in or out of term, hear and determine the amount
28.4due the state, if any, for such examination, at a time and place fixed by the court therefor.
28.5The court administrator of court shall certify to the county auditor of the county having
28.6such examination, or to the county auditor of the county or counties in whichsuch city,
28.7town, or school district the political subdivision is situated, the amount so determined
28.8by the court to be due to the state, if any.
28.9 Sec. 20. Minnesota Statutes 2006, section 6.60, is amended to read:
28.106.60 STATE AUDITOR, CERTIFICATION OF AMOUNTS DUE.
28.11 On Octoberfirst, 1 of each year, the state auditor shall certify the respective amounts
28.12due the state from the variouscounties, cities, towns, and school districts political
28.13subdivisions, including interest computed to July first, following, to the county auditor of
28.14the county having such examination, or to the county auditor of the county in which any
28.15such city, town, or school district political subdivision is, in whole or in part, situated. The
28.16county auditor, upon receiving a certificate from the state auditor, or a certificate from the
28.17court administrator, as provided in section6.59 , shall include the amount of the state's
28.18claim, with 25 percent added, in the tax levy for general revenue purposes of thecounty or
28.19municipality political subdivision liable therefor, and such additional levy shall not be
28.20within any limitation imposed by law upon the amount of taxes which may be levied for
28.21revenue purposes. Upon completion of the June tax settlement following such levy the
28.22county treasurer shall deduct from the amount apportioned to thecounty or municipality
28.23political subdivision for general revenue purposes, the amount due the state, including
28.24interest, and remit the same to the commissioner of finance.
28.25 Sec. 21. Minnesota Statutes 2006, section 6.62, subdivision 2, is amended to read:
28.26 Subd. 2. Cost of postaudit. The amount of said levy shall be the amount of the
28.27claim or claims submitted by the state auditor for such services or the auditor's estimate of
28.28the entire cost, and said amount shall be certified by the governing body, after the request
28.29or petition for the audit has been filed, to the county auditor, along with amounts requested
28.30for other governmental purposes. If such levy has been made in excess of statutory
28.31limitations, and if the request or petition is withdrawn after the amount of the levy has
28.32been certified but the levy cannot be canceled because it has been spread on the tax lists,
28.33the governing body shall cause the proceeds of such levy to be transferred to the general
28.34fund and reduce the succeeding year's levy for general purposes accordingly. Provided,
29.1however,counties, cities, and other governmental units political subdivisions whose
29.2financial affairs are required by statute or charter to be audited at regular intervals may
29.3levy annually or biennially in anticipation of the audit expense, without the presentment of
29.4such claim or estimate by the state auditor.
29.5 Sec. 22. Minnesota Statutes 2006, section 6.63, is amended to read:
29.66.63 APPLICATION.
29.7 The units of government set forth in sections6.56,
6.465, 6.57 ,
6.59 ,
6.60 , and
6.62
29.8shall be construed, where applicable, to include, in addition to those therein specifically
29.9named, public utility commissions, public corporations, and instrumentalities.
29.10 Sec. 23. Minnesota Statutes 2006, section 6.64, is amended to read:
29.116.64 COOPERATION WITH PUBLIC ACCOUNTANTS; PUBLIC
29.12ACCOUNTANT DEFINED.
29.13 There shall be mutual cooperation between the state auditor and public accountants
29.14in the performance of auditing, accounting, and other related services forcounties, cities,
29.15towns, school districts, and other public corporations political subdivisions. For the
29.16purposes of sections6.64 to
6.71 and section 6.756, the term public accountant shall have
29.17the meaning ascribed to it in section412.222 .
29.18 Sec. 24. Minnesota Statutes 2006, section 6.65, is amended to read:
29.196.65 MINIMUM PROCEDURES FOR AUDITORS, PRESCRIBED.
29.20 The state auditor shall prescribe minimum procedures and the audit scope for
29.21auditing the books, records, accounts, and affairs ofcounties and local governments
29.22political subdivisions in Minnesota. The minimum scope for audits of alllocal
29.23governments political subdivisions must include financial and legal compliance audits.
29.24Audits of all school districts must include a determination of compliance with uniform
29.25financial accounting and reporting standards. The state auditor shall promulgate an
29.26audit guide for legal compliance audits, in consultation with representatives of the state
29.27auditor, the attorney general, towns, cities, counties, school districts, and private sector
29.28public accountants.
29.29 Sec. 25. Minnesota Statutes 2006, section 6.66, is amended to read:
29.306.66 CERTAIN PRACTICES OF PUBLIC ACCOUNTANTS AUTHORIZED.
30.1 Any public accountant may engage in the practice of auditing the books, records,
30.2accounts, and affairs ofcounties, cities, towns, school districts, and other public
30.3corporations which political subdivisions that are not otherwise required by law to be
30.4audited exclusively by the state auditor.
30.5 Sec. 26. Minnesota Statutes 2006, section 6.67, is amended to read:
30.66.67 PUBLIC ACCOUNTANTS; REPORT OF EVIDENCE POINTING TO
30.7MISCONDUCT.
30.8 Whenever a public accountant in the course of auditing the books and affairs of a
30.9county, city, town, school district, or other public corporations, political subdivision shall
30.10discover evidence pointing to nonfeasance, misfeasance, or malfeasance, on the part of
30.11an officer or employee in the conduct of duties and affairs, the public accountant shall
30.12promptly make a report of such discovery to the state auditor and the county attorney of
30.13the county in which thegovernmental unit political subdivision is situated and the public
30.14accountant shall also furnish a copy of the report of audit upon completion to said officers.
30.15The county attorney shall act on such report in the same manner as required by law for
30.16reports made to the county attorney by the state auditor.
30.17 Sec. 27. Minnesota Statutes 2006, section 6.68, is amended to read:
30.186.68 STATE AUDITOR MAY ASSIST PUBLIC ACCOUNTANT IN AUDIT.
30.19 Subdivision 1. Request to governing body. If in an audit of acounty, city, town,
30.20school district, or other public corporation, political subdivision a public accountant has
30.21need of the assistance of the state auditor, the accountant may obtain such assistance
30.22by requesting the governing body of thegovernmental unit political subdivision being
30.23examined to request the state auditor to perform such auditing or investigative services, or
30.24both, as the matter and the public interest require.
30.25 Subd. 2. Auditor's report; payment. The state auditor shall work in close
30.26cooperation with the public accountant in rendering the services so requested and the
30.27state auditor shall make such report of findings to the county attorney as is required by
30.28law to be made of nonfeasance, misfeasance, and malfeasance discovered by the state
30.29auditor. Thegovernmental unit political subdivision shall be liable for the payment of
30.30such services so performed by the state auditor in the same manner as if it had requested
30.31the services pursuant to section6.55 .
31.1 Sec. 28. Minnesota Statutes 2006, section 6.70, is amended to read:
31.26.70 ACCESS TO REPORTS.
31.3 The state auditor and the public accountants shall have reasonable access to each
31.4other's audit reports, working papers, and audit programs concerning audits made by each
31.5ofcounties, cities, towns, school districts, and other public corporations the political
31.6subdivisions.
31.7 Sec. 29. Minnesota Statutes 2006, section 6.71, is amended to read:
31.86.71 SCOPE OF AUDITOR'S INVESTIGATION.
31.9 Whenever the governing body of acounty, city, town, or school district political
31.10subdivision shall have requested a public accountant to make an audit of its books and
31.11affairs, and such audit is in progress or has been completed, and registered voters or
31.12electors petition or the governing body requests or both the state auditor to make an
31.13examination covering the same, or part of the same, period, the state auditor may, in the
31.14public interest, limit the scope of the examination to less than that specified in section
31.156.54
, but the scope shall cover, at least, an investigation of those complaints which are
31.16within the state auditor's powers and duties to investigate.
31.17 Sec. 30. Minnesota Statutes 2006, section 6.715, is amended by adding a subdivision
31.18to read:
31.19 Subd. 5. Review of data; data protection. If, before releasing a report, the state
31.20auditor provides a person with data relating to the audit for the purpose of review and
31.21verification of the data, the person must protect the data from unlawful disclosure or be
31.22subject to the penalties and liabilities provided in sections 13.08 and 13.09.
31.23 Sec. 31. [6.756] SPECIAL DISTRICTS; INFORMATION REQUIRED TO BE
31.24FILED WITH STATE AUDITOR; AUDITS.
31.25 Subdivision 1. Governance documents must be filed. Each special district must
31.26file with the state auditor, within 60 days of adoption, any document relating to the
31.27governance of the district, including articles of incorporation, bylaws, or agreements,
31.28and any amendment to these documents.
31.29 Subd. 2. Audit requirements. (a) A special district with total annual revenue
31.30greater than the threshold amount for cities under section 412.591, subdivision 3,
31.31paragraph (b), must provide for an annual audit of the district's financial affairs by the
31.32state auditor or a public accountant in accordance with minimum auditing procedures
31.33prescribed by the state auditor.
32.1 (b) A special district with total annual revenue that is equal to or less than the
32.2threshold amount for cities under section 412.591, subdivision 3, paragraph (b), must
32.3provide for an audit of the district's financial affairs by the state auditor or a public
32.4accountant in accordance with minimum audit procedures prescribed by the state auditor
32.5at least once every five years. The audit must be for a one-year period to be determined
32.6at random by the person conducting the audit. The audited financial statement must be
32.7prepared in a form prescribed by the state auditor similar to the reporting requirements for
32.8cities under 2,500 in population. For any year in which a special district is not audited,
32.9the district must prepare a financial statement in a form prescribed by the state auditor
32.10similar to the reporting requirements for cities reporting on a cash basis and file that
32.11statement with the state auditor.
32.12 (c) This subdivision does not apply to a special district subject to financial auditing
32.13and reporting requirements under other law.
32.14 Subd. 3. Presentation to governing board; filing with state auditor. Except as
32.15provided by other law, financial statements and audits must be completed, presented to the
32.16district's governing board, and filed with the state auditor within 180 days after the end of
32.17the district's fiscal year.
32.18 Sec. 32. Minnesota Statutes 2006, section 6.76, is amended to read:
32.196.76LOCAL GOVERNMENTAL POLITICAL SUBDIVISION
32.20EXPENDITURES FOR LOBBYISTS.
32.21 (a) On or before January 31 of each year, allcounties, cities, school districts,
32.22metropolitan agencies, regional railroad authorities, and the Metropolitan Council political
32.23subdivisions shall report to the state auditor, on forms prescribed by the auditor, their
32.24estimated expenditures paid for the previous calendar year to a lobbyist as defined in
32.25section10A.01, subdivision 21 , except payments to associations of local governments
32.26political subdivisions that are reported under paragraph (b), and to any staff person not
32.27registered as a lobbyist, over 25 percent of whose time is spent during the legislative
32.28session on legislative matters.
32.29 (b) Associations oflocal governments political subdivisions subject to this section
32.30shall report annually, on or before January 31, to the state auditor and the association's
32.31members the proportionate amount of each member's dues spent for lobbying purposes.
32.32 (c) For purposes of this section, "political subdivision" has the meaning given in
32.33section 6.465, but also includes a metropolitan or regional agency or a public corporation
32.34audited by the legislative auditor.
33.1 Sec. 33. [8.37] ASSISTANCE TO VETERANS.
33.2 The attorney general may advise and assist veterans and their families as to services
33.3available from public and private agencies. For purposes of this section, "veteran" means
33.4any veteran or active member of the United States armed services, including the National
33.5Guard and Reserves.
33.6 Sec. 34. [11A.27] REPORT ON INVESTMENT CONSULTANT ACTIVITIES
33.7AND DELIVERABLES.
33.8 (a) Annually, on or before November 1, the State Board of Investment shall file a
33.9report with the Legislative Reference Library on the activities and work product during
33.10that year of any investment consultants retained by the board.
33.11 (b) The report must include the following items:
33.12 (1) the total contract fee paid to each investment consultant;
33.13 (2) a listing of the projects in which the investment consultant was involved; and
33.14 (3) examples of the written work product provided by the investment consultant on
33.15those projects during the report coverage period.
33.16EFFECTIVE DATE.This section is effective June 30, 2007.
33.17 Sec. 35. [12.62] MINNESOTA LEGISLATIVE COMMISSION ON TERRORISM
33.18AND DISASTER PREPAREDNESS.
33.19 Subdivision 1. Creation; duties. The Legislative Commission on Terrorism and
33.20Disaster Preparedness is established to:
33.21 (1) advise the legislature on issues related to homeland security, emergency
33.22management, man-made and natural disasters, terrorism, bioterrorism, public health
33.23emergencies, and vulnerabilities in the public and private infrastructures;
33.24 (2) oversee the disaster preparation activities of the Department of Health,
33.25Department of Public Safety, and any other state agency, office, commission, or board that
33.26is within the commission's purview, and make recommendations to these organizations of
33.27changes or additions to the organizations' disaster preparedness and risk reduction work
33.28plans that the commission deems advisable; and
33.29 (3) make policy and finance recommendations to improve the state's public and
33.30private capacity to prevent, respond to, and recover from man-made and natural threats to
33.31the state.
33.32 Subd. 2. Membership. (a) The commission consists of:
33.33 (1) three members of the house of representatives, one of whom must be a member
33.34of the minority party, to be appointed by the speaker of the house of representatives;
34.1 (2) three members of the senate, one of whom must be a member of the minority
34.2party, to be appointed by the senate majority leader;
34.3 (3) the commissioner of public safety, or a designee, as an ex-officio member;
34.4 (4) the commissioner of health, or a designee, as an ex-officio member;
34.5 (5) the attorney general, or a designee, as an ex-officio member;
34.6 (6) two citizen members with relevant expertise, selected by the speaker of the
34.7house of representatives;
34.8 (7) two citizen members with relevant expertise, selected by the senate majority
34.9leader;
34.10 (8) two citizen members, selected by the speaker of the house of representatives; and
34.11 (9) two citizen members, selected by the senate majority leader.
34.12 (b) Members serve for a term expiring at the close of each regular session of the
34.13legislature but continue to serve until their successors are appointed. Members may be
34.14reappointed. The appointing authority shall fill vacancies.
34.15 (c) One member, elected by a majority of members, shall serve as the commission
34.16chair. The commission chair should have relevant subject matter education, training, and
34.17experience. The commission is authorized to elect a vice-chair and other officers as it
34.18deems necessary. The commission shall determine the duties of each officer.
34.19 (d) The commission chair shall convene meetings of the commission on a regular
34.20basis.
34.21 Subd. 3. Compensation. Compensation of legislative members is as provided in
34.22section 3.101. Compensation of the remaining members is as provided in section 15.0575.
34.23 Subd. 4. Staff. The commission may appoint and fix the compensation of such
34.24additional legal and other personnel and consultants or contract for services to supply
34.25necessary data as may be necessary to enable the commission to carry out its functions.
34.26 Subd. 5. Data from state agencies; availability. The commission may request
34.27information from any state officer or agency or political subdivision of the state in order to
34.28assist the commission in carrying out its duties and the state officer, agency, or subdivision
34.29must promptly furnish any data required, subject to applicable requirements or restrictions
34.30imposed by chapter 13 and section 15.17.
34.31 Subd. 6. Report. By January 15 of each year, the commission must submit a
34.32report that contains the commission's policy and appropriation recommendations to the
34.33legislature, the commissioner of health, and the commissioner of public safety.
34.34 Subd. 7. Repeal. This section is repealed June 30, 2011.
34.35EFFECTIVE DATE.This section is effective July 1, 2007.
35.1 Sec. 36. [13.595] GRANTS.
35.2 Subdivision 1. Definitions. For purposes of this section, the following terms have
35.3the meanings given them.
35.4 (a) "Completion of the evaluation process" means that the granting agency has
35.5completed negotiating the grant agreement with the selected grantee.
35.6 (b) "Grant agreement" means the document that details the responsibilities of the
35.7grantee and the granting agency and the value to be provided to the grantee.
35.8 (c) "Grantee" means a person that applies for or receives a grant.
35.9 (d) "Granting agency" means the government entity that provides the grant.
35.10 (e) "Opened" means the act that occurs once the deadline for submitting a response
35.11to a proposal to the granting agency has been reached.
35.12 (f) "Request for proposal" means the data outlining the responsibilities the granting
35.13agency wants the grantee to assume.
35.14 (g) "Response" means the data submitted by a grantee as required by a request for
35.15proposal.
35.16 Subd. 2. Request for applications. Data created by a granting agency to create a
35.17request for proposal is classified as nonpublic until the request for proposal is published.
35.18To the extent that a granting agency involves persons outside the granting agency to create
35.19the request for proposal, the data remain nonpublic in the hands of all persons who may
35.20not further disseminate any data that are created or reviewed as part of the request for
35.21proposal development. At publication, the data in the request for proposal is public.
35.22 Subd. 3. Responses to request for proposals. (a) Responses submitted by a grantee
35.23are private or nonpublic until the responses are opened. Once the responses are opened,
35.24the name and address of the grantee and the amount requested is public. All other data in a
35.25response is private or nonpublic data until completion of the evaluation process. After a
35.26granting agency has completed the evaluation process, all remaining data in the responses
35.27is public with the exception of trade secret data as defined and classified in section 13.37.
35.28A statement by a grantee that the response is copyrighted or otherwise protected does
35.29not prevent public access to the response.
35.30 (b) If all responses are rejected prior to completion of the evaluation process,
35.31all data, other than that made public at the opening, remain private or nonpublic
35.32until a resolicitation of proposals results in completion of the evaluation process or a
35.33determination is made to abandon the grant. If the rejection occurs after the completion of
35.34the evaluation process, the data remain public. If a resolicitation of proposals does not
35.35occur within one year of the grant opening date, the remaining data become public.
36.1 Subd. 4. Evaluation data. (a) Data created or maintained by a granting agency as
36.2part of the evaluation process referred to in this section are protected nonpublic data until
36.3completion of the evaluation process at which time the data are public with the exception
36.4of trade secret data as defined and classified in section 13.37.
36.5 (b) If a granting agency asks individuals outside the granting agency to assist with
36.6the evaluation of the responses, the granting agency may share not public data in the
36.7responses with those individuals. The individuals participating in the evaluation may not
36.8further disseminate the not public data they review.
36.9 Sec. 37. Minnesota Statutes 2006, section 13.605, subdivision 1, is amended to read:
36.10 Subdivision 1. Legislative and budget proposal data. (a) Definition. As used
36.11in this section, "state administration" means the governor's office, the Department of
36.12Finance, and any state agency that is under the direct control of the governor.
36.13 (b) Classifications. Legislative and budget proposals, including preliminary
36.14drafts, that are created, collected, or maintained by the state administration are protected
36.15nonpublic data. After until the budget is presented to the legislature by the state
36.16administration, supporting data, including agency requests, and are public data after the
36.17budget is presented to the legislature.Supporting data do not include preliminary drafts.
36.18The state administration may disclose any of the data within the state administration and
36.19to the public at any time if disclosure would aid the administration in considering and
36.20preparing its proposals.
36.21 Sec. 38. [15B.055] PARKING SPACES.
36.22 To provide the public with greater access to legislative proceedings, all parking
36.23spaces on Aurora Avenue in front of the Capitol building must be reserved for the public.
36.24 Sec. 39. Minnesota Statutes 2006, section 15B.17, subdivision 1, is amended to read:
36.25 Subdivision 1. Proposals. (a) Before a state agency or other public body develops,
36.26to submit to the legislature and the governor, a budget proposal or plans for capital
36.27improvements within the Capitol Area to submit to the legislature and the governor,
36.28it must consult with the board.
36.29 (b) The public body must provide enough money for the board's review and planning
36.30if the board decides its review and planning services are necessary. Money received by the
36.31board under this subdivision is deposited in the special revenue fund and appropriated to
36.32the board.
37.1 Sec. 40. Minnesota Statutes 2006, section 16A.103, subdivision 1e, is amended to read:
37.2 Subd. 1e. Economic information. The commissioner must review economic
37.3information including economic forecasts with legislative fiscal staff no later than two
37.4weeks before the forecast is released. The commissioner must invite the chairs and lead
37.5minority members of the senateState Government Finance Committee and the house
37.6Ways and Means Committee, and legislative fiscal staff to attend any meetings held with
37.7outside economic advisors. The commissioner must provide legislative fiscal staff with
37.8monthly economic forecast information received from outside sources.
37.9 Sec. 41. [16A.104] BASE BUDGET DETAIL.
37.10 Within one week of the release of the budget forecasts required in section 16A.103
37.11in November of an even-numbered year and February of an odd-numbered year, the
37.12commissioner of finance must provide to the legislature information that illustrates how the
37.13base level budget for the next biennium is projected to be spent. In designing the report,
37.14the commissioner must consult with the chairs of the house of representatives and senate
37.15Finance Committees and the house of representatives Committee on Ways and Means.
37.16 Sec. 42. [16A.107] CASH FLOW FORECAST.
37.17 Within two weeks after the November forecast of state revenue and expenditures
37.18under section 16A.103, the commissioner shall deliver to the governor and the legislature
37.19a forecast of cash flow for the general fund, showing the expected maximum and minimum
37.20cash balance in the fund for each month of the forecast period.
37.21 Sec. 43. Minnesota Statutes 2006, section 16A.11, is amended by adding a subdivision
37.22to read:
37.23 Subd. 3d. Budget bills. The necessary bills to implement the governor's operating
37.24budget must be submitted to the legislature within two weeks after the operating budget
37.25was submitted. The necessary bills to implement the governor's capital budget must be
37.26submitted to the legislature within two weeks after the capital budget was submitted.
37.27 Sec. 44. [16A.117] CONTINUING APPROPRIATIONS.
37.28 If a major appropriation bill to fund a given state agency for the next biennium has
37.29not been passed in the same form by the house of representatives and senate and been
37.30presented to the governor before July 1 of an odd-numbered year, amounts sufficient to
37.31continue operation of that agency and the programs administered by that agency through
37.32July 31 of the fiscal year beginning in the same calendar year at the base level for that
38.1fiscal year, as determined according to section 16A.11, subdivision 3, and previous
38.2appropriation acts, are appropriated to the agency from the appropriate funds and accounts
38.3in the state treasury. The base level for an appropriation that was designated as onetime or
38.4was onetime in nature is zero. Determination of the amount appropriated may be made
38.5on a proration of the annual amount or another reasonable basis as determined by the
38.6commissioner of finance.
38.7 Sec. 45. Minnesota Statutes 2006, section 16A.1286, subdivision 2, is amended to read:
38.8 Subd. 2. Billing procedures. The commissioner may bill up to $7,520,000 in
38.9each fiscal year for statewide systems services provided to state agencies, judicial branch
38.10agencies, the University of Minnesota, the Minnesota State Colleges and Universities,
38.11and other entities.Billing must be based only on usage of services relating to statewide
38.12systems provided by the Intertechnologies Division. Each agency shall transfer from
38.13agency operating appropriations to the statewide systems account the amount billed by
38.14the commissioner. Billing policies and procedures related to statewide systems services
38.15must be developed by the commissioner in consultation with the commissioners of
38.16employee relations and administration, the University of Minnesota, and the Minnesota
38.17State Colleges and Universities.
38.18 Sec. 46. [16B.327] DEFINITIONS.
38.19 Subdivision 1. Application. For the purposes of section 16B.328, the definitions
38.20in this section have the meanings given.
38.21 Subd. 2. Energy conservation. "Energy conservation" means reducing energy use
38.22and includes: (1) using a light with lower wattage; and (2) using devices such as time
38.23controls, motion detectors, or on and off switches that limit unnecessary use of lighting.
38.24 Subd. 3. Cutoff luminaire. "Cutoff luminaire" means a luminaire in which 2.5
38.25percent or less of the lamp lumens are emitted above a horizontal plane through the
38.26luminaire's lowest part and ten percent or less of the lamp lumens are emitted at a vertical
38.27angle 80 degrees above the luminaire's lowest point.
38.28 Subd. 4. Light pollution. "Light pollution" means the shining of light produced by
38.29a luminaire above the height of the luminaire and into the sky.
38.30 Subd. 5. Lumen. "Lumen" means a unit of luminous flux. One footcandle is one
38.31lumen per square foot. For purposes of section 16B.328, the lumen-output values are
38.32the initial lumen output rating of the lamp.
38.33 Subd. 6. Luminaire "Luminaire" means a complete lighting unit consisting of a
38.34light source and all necessary mechanical, electrical, and decorative parts.
39.1 Subd. 7. Outdoor lighting fixture. "Outdoor lighting fixture" means any type of
39.2fixed or movable lighting equipment that is designed or used for illumination outdoors.
39.3The term includes billboard lighting, streetlights, searchlights, and other lighting used for
39.4advertising purposes and area lighting. The term does not include lighting equipment
39.5that is required by law to be installed on motor vehicles or lighting required for the safe
39.6operation of aircraft.
39.7 Sec. 47. [16B.328] STANDARDS FOR STATE FUNDED OUTDOOR LIGHTING
39.8FIXTURES; MODEL ORDINANCE.
39.9 Subdivision 1. Outdoor lighting fixtures. (a) An outdoor lighting fixture may be
39.10installed or replaced using state funds only if:
39.11 (1) the new or replacement outdoor lighting fixture is a cutoff luminaire if the rated
39.12output of the outdoor lighting fixture is greater than 1,800 lumens;
39.13 (2) the minimum illuminance adequate for the intended purpose is used with
39.14consideration given to nationally recognized standards;
39.15 (3) for lighting of a designated highway of the state highway system, the Department
39.16of Transportation determines that the purpose of the outdoor lighting fixture cannot be
39.17achieved by the installation of reflective road markers, lines, warning or informational
39.18signs, or other effective passive methods; and
39.19 (4) full consideration has been given to energy conservation and savings, reducing
39.20glare, minimizing light pollution, and preserving the natural night environment.
39.21 (b) Paragraph (a) does not apply if:
39.22 (1) a federal law, rule, or regulation preempts state law;
39.23 (2) the outdoor lighting fixture is used on a temporary basis because emergency
39.24personnel require additional illumination for emergency procedures;
39.25 (3) the outdoor lighting fixture is used on a temporary basis for nighttime work;
39.26 (4) special events or situations require additional illumination, provided that the
39.27illumination installed shields the outdoor lighting fixtures from direct view and minimizes
39.28upward lighting and light pollution;
39.29 (5) the outdoor lighting fixture is used solely to highlight the aesthetic aspects of
39.30a single object or distinctive building; or
39.31 (6) a compelling safety interest exists that cannot be addressed by another method.
39.32 (c) This subdivision does not apply to the operation and maintenance of lights or
39.33lighting systems purchased or installed, or for which design work is completed, before
39.34August 1, 2007.
40.1 (d) This section does not apply if a state agency or local unit of government
40.2determines that compliance with this section would:
40.3 (i) require an increased use of electricity;
40.4 (ii) increase the construction cost of a lighting system more than 15 percent over the
40.5construction cost of a lighting system that does not comply with this section;
40.6 (iii) increase the cost of operation and maintenance of the lighting system more than
40.7ten percent over the cost of operating and maintaining the existing lighting system over
40.8the life of the lighting system; or
40.9 (iv) result in a negative safety impact.
40.10 Subd. 2. Model ordinance. The commissioner of administration, in consultation
40.11with the commissioner of commerce, associations for local governments, and any other
40.12interested person, shall develop a model ordinance that can be adapted for use by cities,
40.13counties, and towns, governing outdoor lighting to reduce light pollution. The model
40.14ordinance must include provisions addressing elements similar to those in subdivision 1.
40.15In addition, the model ordinance must address:
40.16 (1) standards for lighting on private property, outdoor advertising, lighting on
40.17commercial, industrial, or institutional property, canopies covering fueling stations, and
40.18public streets, sidewalks, and alleys;
40.19 (2) how illumination levels should be measured;
40.20 (3) possible exemptions, such as for temporary emergency or hazard lighting;
40.21 (4) recommended elements for an exterior lighting plan for a development;
40.22 (5) treatment of nonconforming lighting;
40.23 (6) lighting standards that might apply in special subdistricts;
40.24 (7) light pole maximum heights; and
40.25 (8) light trespass.
40.26 Sec. 48. Minnesota Statutes 2006, section 16B.35, subdivision 1, is amended to read:
40.27 Subdivision 1. Percent of appropriations for art. An appropriation for the
40.28construction or alteration of any state building may contain an amount not to exceed
40.29the lesser of $100,000 or one percent of the total appropriation for the building for the
40.30acquisition of works of art, excluding landscaping, which may be an integral part of the
40.31building or its grounds, attached to the building or grounds or capable of being displayed
40.32in other state buildings.If the appropriation for works of art is limited by the $100,000
40.33cap in this section, the appropriation for the construction or alteration of the building must
40.34be reduced to reflect the reduced amount that will be spent on works of art. Money used
40.35for this purpose is available only for the acquisition of works of art to be exhibited in areas
41.1of a building or its grounds accessible, on a regular basis, to members of the public. No
41.2more than ten percent of the total amount available each fiscal year under this subdivision
41.3may be used for administrative expenses, either by the commissioner of administration or
41.4by any other entity to whom the commissioner delegates administrative authority. For the
41.5purposes of this section "state building" means a building the construction or alteration of
41.6which is paid for wholly or in part by the state.
41.7EFFECTIVE DATE.This section is effective July 1, 2007. The repeal of the
41.8$100,000 limit in this section applies to appropriations made before, on, or after that date.
41.9 Sec. 49. [16B.97] GRANTS MANAGEMENT.
41.10 Subdivision 1. Grant agreement. (a) A grant agreement is a written instrument
41.11or electronic document defining a legal relationship between a granting agency and a
41.12grantee when the principal purpose of the relationship is to transfer cash or something of
41.13value to the recipient to support a public purpose authorized by law instead of acquiring
41.14by professional/technical contract, purchase, lease, or barter property or services for the
41.15direct benefit or use of the granting agency.
41.16 (b) This section does not apply to capital project grants to political subdivisions as
41.17defined by section 16A.86.
41.18 Subd. 2. Grants governance. The commissioner shall provide leadership and
41.19direction for policy related to grants management in Minnesota in order to foster more
41.20consistent, streamlined interaction between executive agencies, funders, and grantees that
41.21will enhance access to grant opportunities and information and lead to greater program
41.22accountability and transparency. The commissioner has the duties and powers stated in this
41.23section. An executive agency must do what the commissioner requires under this section.
41.24 Subd. 3. Discretionary powers. The commissioner has the authority to:
41.25 (1) review grants management practices and propose policy and procedure
41.26improvements to the governor, legislature, executive agencies, and the federal government;
41.27 (2) sponsor, support, and facilitate innovative and collaborative grants management
41.28projects with public and private organizations;
41.29 (3) review, recommend, and implement alternative strategies for grants management;
41.30 (4) collect and disseminate information, issue reports relating to grants management,
41.31and sponsor and conduct conferences and studies; and
41.32 (5) participate in conferences and other appropriate activities related to grants
41.33management issues.
41.34 Subd. 4. Duties. (a) The commissioner shall:
42.1 (1) create general grants management policies and procedures that are applicable to
42.2all executive agencies. The commissioner may approve exceptions to these policies and
42.3procedures for particular grant programs. Exceptions shall expire or be renewed after five
42.4years. Executive agencies shall retain management of individual grants programs;
42.5 (2) provide a central point of contact concerning statewide grants management
42.6policies and procedures;
42.7 (3) serve as a resource to executive agencies in such areas as training, evaluation,
42.8collaboration, and best practices in grants management;
42.9 (4) ensure grants management needs are considered in the development, upgrade,
42.10and use of statewide administrative systems and leverage existing technology whereever
42.11possible;
42.12 (5) oversee and approve future professional and technical service contracts and
42.13other information technology spending related to executive agency grants management
42.14activities;
42.15 (6) provide a central point of contact for comments about executive agencies
42.16violating statewide grants governance policies and about fraud and waste in grants
42.17processes;
42.18 (7) forward received comments to the appropriate agency for further action, and
42.19may follow up as necessary; and
42.20 (8) provide a single listing of all available executive agency competitive grant
42.21opportunities and resulting grant recipients.
42.22 (b) The commissioner may determine that it is cost-effective for agencies to develop
42.23and use shared grants management technology systems. This system would be governed
42.24under section 16E.01, subdivision 3, paragraph (b).
42.25 (c) The duties assigned to the commissioner in this subdivision with respect to
42.26grants also apply to easements granted by executive agencies.
42.27 Sec. 50. [16B.98] GRANT AGREEMENTS.
42.28 Subdivision 1. Limitation. As a condition of receiving a grant from an appropriation
42.29of state funds, the recipient of the grant must agree to minimize administrative costs. The
42.30granting agency is responsible for negotiating appropriate limits to these costs so that the
42.31state derives the optimum benefit for grant funding.
42.32 Subd. 2. Ethical practices and conflict of interest. An employee of the executive
42.33branch involved directly or indirectly in grants processes, at any level, is subject to the
42.34code of ethics in section 43A.38.
43.1 Subd. 3. Conflict of interest. (a) The commissioner must develop policies
43.2regarding code of ethics and conflict of interest designed to prevent conflicts of interest
43.3for employees, committee members, or others involved in the recommendation, award,
43.4and administration of grants. The policies must apply to employees who are directly or
43.5indirectly in the grants process, which may include the following:
43.6 (1) developing request for proposals or evaluation criteria;
43.7 (2) drafting, recommending, awarding, amending, revising, or entering into grant
43.8agreements;
43.9 (3) evaluating or monitoring performance; or
43.10 (4) authorizing payments.
43.11 (b) The policies must include:
43.12 (1) a process to make all parties to the grant aware of policies and laws relating to
43.13conflict of interest, and training on how to avoid and address potential conflicts; and
43.14 (2) a process under which those who have a conflict of interest or a potential conflict
43.15of interest must disclose the matter.
43.16 (c) If the employee, appointing authority, or commissioner determines that a conflict
43.17of interest exists, the matter shall be assigned to another employee who does not have a
43.18conflict of interest. If it is not possible to assign the matter to an employee who does not
43.19have a conflict of interest, interested personnel shall be notified of the conflict and the
43.20employee may proceed with the assignment.
43.21 Subd. 4. Reporting of violations. A state employee who discovers evidence
43.22of violation of laws or rules governing grants is encouraged to report the violation or
43.23suspected violation to the employee's supervisor, the commissioner or the commissioner's
43.24designee, or the legislative auditor. The legislative auditor shall report to the Legislative
43.25Audit Commission if there are multiple complaints about the same agency. The auditor's
43.26report to the Legislative Audit Commission under this section must disclose only the
43.27number and type of violations alleged. An employee making a good faith report under this
43.28section has the protections provided for under section 181.932, prohibiting the employer
43.29from discriminating against the employee.
43.30 Subd. 5. Creation and validity of grant agreements. (a) A grant agreement is
43.31not valid and the state is not bound by the grant unless:
43.32 (1) the grant has been executed by the head of the agency or a delegate who is
43.33party to the grant; and
43.34 (2) the accounting system shows an encumbrance for the amount of the grant in
43.35accordance with policy approved by the commissioner.
44.1 (b) The combined grant agreement and amendments must not exceed five years
44.2without specific, written approval by the commissioner according to established policy,
44.3procedures, and standards, or unless the commissioner determines that a longer duration is
44.4in the best interest of the state.
44.5 (c) A fully executed copy of the grant agreement with all amendments and other
44.6required records relating to the grant must be kept on file at the granting agency for a time
44.7equal to that required of grantees in subdivision 8.
44.8 (d) Grant agreements must comply with policies established by the commissioner
44.9for minimum grant agreement standards and practices.
44.10 (e) The attorney general may periodically review and evaluate a sample of state
44.11agency grants to ensure compliance with applicable laws.
44.12 Subd. 6. Grant administration. A granting agency shall diligently administer
44.13and monitor any grant it has entered into.
44.14 Subd. 7. Grant payments. Payments to the grantee may not be issued until the
44.15grant agreement is fully executed.
44.16 Subd. 8. Audit. (a) A grant agreement made by an executive agency must include
44.17an expressed or implied audit clause that provides that the books, records, documents,
44.18and accounting procedures and practices of the grantee or other party that are relevant to
44.19the grant or transaction are subject to examination by the granting agency and either the
44.20legislative auditor or the state auditor, as appropriate, for a minimum of six years from the
44.21grant agreement end date, receipt and approval of all final reports, or the required period
44.22of time to satisfy all state and program retention requirements, whichever is later.
44.23 (b) If the granting agency is a local unit of government, and the governing body of
44.24the local unit of government requests that the state auditor examine the books, records,
44.25documents, and accounting procedures and practices of the grantee or other party
44.26according to this subdivision, the granting agency shall be liable for the cost of the
44.27examination. If the granting agency is a local unit of government, and the grantee or other
44.28party requests that the state auditor examine all books, records, documents, and accounting
44.29procedures and practices related to the grant, the grantee or other party that requested the
44.30examination shall be liable for the cost of the examination.
44.31 Subd. 9. Authority of attorney general. The attorney general may pursue
44.32remedies available by law to avoid the obligation of an agency to pay under a grant or to
44.33recover payments made if activities under the grant are so unsatisfactory, incomplete, or
44.34inconsistent that payment would involve unjust enrichment. The contrary opinion of the
44.35granting agency does not affect the power of the attorney general under this subdivision.
45.1 Subd. 10. Grants with Indian tribes and bands. Notwithstanding any other law,
45.2an agency may not require an Indian tribe or band to deny its sovereignty as a requirement
45.3or condition of a grant with an agency.
45.4 Sec. 51. Minnesota Statutes 2006, section 16C.02, is amended by adding a subdivision
45.5to read:
45.6 Subd. 3a. Best and final offer. "Best and final offer" means an optional step in
45.7the solicitation process in which responders are requested to improve their response by
45.8methods including, but not limited to, the reduction of cost, clarification or modification of
45.9the response, or the provision of additional information.
45.10 Sec. 52. Minnesota Statutes 2006, section 16C.02, subdivision 4, is amended to read:
45.11 Subd. 4. Best value. "Best value" describes a result intended in the acquisition of all
45.12goods and services. Price must be one of the evaluation criteria when acquiring goods
45.13and services. Other evaluation criteria may include, but are not limited to, environmental
45.14considerations, quality, and vendor performance. In achieving "best value" strategic
45.15sourcing tools, including but not limited to best and final offers, negotiations, contract
45.16consolidation, product standardization, and mandatory-use enterprise contracts shall be
45.17used at the commissioner's discretion.
45.18 Sec. 53. Minnesota Statutes 2006, section 16C.02, is amended by adding a subdivision
45.19to read:
45.20 Subd. 6a. Enterprise procurement. "Enterprise procurement" means the process
45.21undertaken by the commissioner to leverage economies of scale of multiple end users to
45.22achieve cost savings and other favorable terms in contracts for goods and services.
45.23 Sec. 54. Minnesota Statutes 2006, section 16C.02, subdivision 12, is amended to read:
45.24 Subd. 12. Request for proposal or RFP. "Request for proposal" or "RFP" means a
45.25solicitation in which it is not advantageous to set forth all the actual, detailed requirements
45.26at the time of solicitation and responses aresubject to negotiation negotiated to achieve
45.27best value for the state.
45.28 Sec. 55. Minnesota Statutes 2006, section 16C.02, subdivision 14, is amended to read:
45.29 Subd. 14. Response. "Response" means the offer received from a vendor in
45.30response to a solicitation. A response includes submissions commonly referred to as
45.31"offers," "bids," "quotes,"or "proposals.," "best and final offers," or "negotiated offers."
46.1 Sec. 56. Minnesota Statutes 2006, section 16C.02, is amended by adding a subdivision
46.2to read:
46.3 Subd. 20. Strategic sourcing. "Strategic sourcing" means methods used to
46.4analyze and reduce spending on goods and services, including but not limited to
46.5spend analysis, product standardization, contract consolidation, negotiations, multiple
46.6jurisdiction purchasing alliances, reverse and forward auctions, life-cycle costing, and
46.7other techniques.
46.8 Sec. 57. Minnesota Statutes 2006, section 16C.03, subdivision 2, is amended to read:
46.9 Subd. 2. Rulemaking authority. Subject to chapter 14, the commissioner may
46.10adopt rules, consistent with this chapter and chapter 16B, relating to the following topics:
46.11 (1) procurement process including solicitations and responses to solicitations, bid
46.12security, vendor errors, opening of responses, award of contracts, tied bids, and award
46.13protest process;
46.14 (2) contract performance and failure to perform;
46.15 (3) authority to debar or suspend vendors, and reinstatement of vendors;
46.16 (4) contract cancellation;
46.17 (5) procurement from rehabilitation facilities; and
46.18 (6) organizational conflicts of interest.
46.19 Sec. 58. Minnesota Statutes 2006, section 16C.03, subdivision 4, is amended to read:
46.20 Subd. 4. Contracting authority. The commissioner shall conduct all contracting by,
46.21for, and between agencies and perform all contract management and review functions for
46.22contracts, except those functions specifically delegated to be performed by the contracting
46.23agency, the attorney general, or otherwise provided for by law. The commissioner may
46.24require that agency staff participate in the development of enterprise procurements
46.25including the development of product standards, specifications and other requirements.
46.26 Sec. 59. Minnesota Statutes 2006, section 16C.03, subdivision 8, is amended to read:
46.27 Subd. 8. Policy and procedures. The commissioner is authorized to issue policies,
46.28procedures, and standards applicable to all acquisition activities by and for agencies.
46.29Consistent with the authority specified in this chapter, the commissioner shall develop
46.30and implement policies, procedures, and standards ensuring the optimal use of strategic
46.31sourcing techniques.
46.32 Sec. 60. Minnesota Statutes 2006, section 16C.03, subdivision 16, is amended to read:
47.1 Subd. 16. Delegation of duties. The commissioner may delegate duties imposed by
47.2this chapter to the head of an agency and to any subordinate of the agency head. Delegated
47.3duties shall be exercised in the name of the commissioner and under the commissioner's
47.4direct supervision and control. A delegation of duties may include, but is not limited to,
47.5allowing individuals within agencies to acquire goods, services, and utilities within dollar
47.6limitations and for designated types of acquisitions. Delegation of contract management
47.7and review functions must be filed with the secretary of state and may not, except with
47.8respect to delegations within the Department of Administration, exceed two years in
47.9duration. The commissioner may withdraw any delegation at the commissioner's sole
47.10discretion. The commissioner may require an agency head or subordinate to accept
47.11delegated responsibility to procure goods or services intended for the exclusive use of the
47.12agency receiving the delegation.
47.13 Sec. 61. [16C.046] WEB SITE WITH SEARCHABLE DATABASE ON STATE
47.14CONTRACTS AND GRANTS.
47.15 (a) The commissioner of administration must maintain a Web site with a searchable
47.16database providing the public with information on state contracts, including grant
47.17contracts. The database must include the following information for each state contract
47.18valued in excess of $25,000:
47.19 (1) the name and address of the entity receiving the contract;
47.20 (2) the name of the agency entering into the contract;
47.21 (3) whether the contract is:
47.22 (i) for goods;
47.23 (ii) for professional or technical services;
47.24 (iii) for services other than professional and technical services; or
47.25 (iv) a grant;
47.26 (4) a brief statement of the purpose of the contract or grant;
47.27 (5) the amount of the contract or grant and the fund from which this amount will be
47.28paid; and
47.29 (6) the dollar value of state contracts, other than grants, the entity has received in each
47.30fiscal year and the dollar value of state grants the entity has received in each fiscal year.
47.31 (b) Required information on a new contract or grant must be entered into the
47.32database within 30 days of the time the contract is entered into.
47.33 (c) For purposes of this section, a "grant" is a contract between a state agency and
47.34a recipient, the primary purpose of which is to transfer cash or a thing of value to the
47.35recipient to support a public purpose. Grant does not include payments to units of local
48.1government, payments to state employees, or payments made under laws providing for
48.2assistance to individuals.
48.3 (d) The database must include information on grants and contracts entered into
48.4beginning with fiscal year 2008 funds, and must retain that data for ten years.
48.5EFFECTIVE DATE.This section is effective January 1, 2008.
48.6 Sec. 62. Minnesota Statutes 2006, section 16C.05, subdivision 1, is amended to read:
48.7 Subdivision 1. Agency cooperation. Agencies shall fully cooperate with the
48.8commissioner in the management and review of state contracts and in the development
48.9and implementation of strategic sourcing techniques.
48.10 Sec. 63. Minnesota Statutes 2006, section 16C.05, subdivision 2, is amended to read:
48.11 Subd. 2. Creation and validity of contracts. (a) A contract is not valid and the state
48.12is not bound by it and no agency, without the prior written approval of the commissioner
48.13granted pursuant to subdivision 2a, may authorize work to begin on it unless:
48.14 (1) it has first been executed by the head of the agency or a delegate who is a party
48.15to the contract;
48.16 (2) it has been approved by the commissioner; and
48.17 (3) the accounting system shows an encumbrance for the amount of the contract
48.18liability, except as allowed by policy approved by the commissioner and commissioner of
48.19finance for routine, low-dollar procurements.
48.20 (b) The combined contract and amendments must not exceed five years without
48.21specific, written approval by the commissioner according to established policy, procedures,
48.22and standards, or unless otherwise provided for by law. The term of the original contract
48.23must not exceed two years unless the commissioner determines that a longer duration is
48.24in the best interest of the state.
48.25 (c) Grants, interagency agreements, purchase orders, work orders, and annual plans
48.26need not, in the discretion of the commissioner and attorney general, require the signature
48.27of the commissioner and/or the attorney general. A signature is not required for work
48.28orders and amendments to work orders related to Department of Transportation contracts.
48.29Bond purchase agreements by the Minnesota Public Facilities Authority do not require
48.30the approval of the commissioner.
48.31 (d) Amendments to contracts must entail tasks that are substantially similar to
48.32those in the original contract or involve tasks that are so closely related to the original
48.33contract that it would be impracticable for a different contractor to perform the work. The
48.34commissioner or an agency official to whom the commissioner has delegated contracting
49.1authority under section16C.03, subdivision 16 , must determine that an amendment would
49.2serve the interest of the state better than a new contract and would cost no more.
49.3 (e) A fully executed copy of every contract, amendments to the contract, and
49.4performance evaluations relating to the contract must be kept on file at the contracting
49.5agency for a time equal to that specified for contract vendors and other parties in
49.6subdivision 5.
49.7 (f) The attorney general must periodically review and evaluate a sample of state
49.8agency contracts to ensure compliance with laws.
49.9 Sec. 64. Minnesota Statutes 2006, section 16C.08, is amended by adding a subdivision
49.10to read:
49.11 Subd. 1a. Enterprise procurement. Notwithstanding section 15.061 or any
49.12other law, the commissioner shall, to the fullest extent practicable, conduct enterprise
49.13procurements that result in the establishment of professional or technical contracts for
49.14use by multiple state agencies. The commissioner is authorized to mandate use of any
49.15contract entered into as a result of an enterprise procurement process. Agencies shall fully
49.16cooperate in the development and use of contracts entered into under this section.
49.17 Sec. 65. Minnesota Statutes 2006, section 16C.08, subdivision 2, is amended to read:
49.18 Subd. 2. Duties of contracting agency. (a) Before an agency may seek approval of
49.19a professional or technical services contract valued in excess of $5,000, it must provide
49.20the following:
49.21 (1) a description of how the proposed contract or amendment is necessary and
49.22reasonable to advance the statutory mission of the agency;
49.23 (2) a description of the agency's plan to notify firms or individuals who may be
49.24available to perform the services called for in the solicitation;and
49.25 (3) a description of the performance measures or other tools that will be used to
49.26monitor and evaluate contract performance.; and
49.27 (4) an explanation detailing, if applicable, why this procurement is being pursued
49.28unilaterally by the agency and not as an enterprise procurement.
49.29 (b) In addition to paragraph (a), the agency must certify that:
49.30 (1) no current state employee is able and available to perform the services called
49.31for by the contract;
49.32 (2) the normal competitive bidding mechanisms will not provide for adequate
49.33performance of the services;
50.1 (3) reasonable efforts will be made to publicize the availability of the contract to
50.2the public;
50.3 (4) the agency will develop and implement a written plan providing for the
50.4assignment of specific agency personnel to manage the contract, including a monitoring
50.5and liaison function, the periodic review of interim reports or other indications of past
50.6performance, and the ultimate utilization of the final product of the services;
50.7 (5) the agency will not allow the contractor to begin work before the contract is fully
50.8executed unless an exception under section16C.05, subdivision 2a , has been granted by
50.9the commissioner and funds are fully encumbered;
50.10 (6) the contract will not establish an employment relationship between the state or
50.11the agency and any persons performing under the contract;and
50.12 (7) in the event the results of the contract work will be carried out or continued by
50.13state employees upon completion of the contract, the contractor is required to include
50.14state employees in development and training, to the extent necessary to ensure that after
50.15completion of the contract, state employees can perform any ongoing work related to
50.16the same function.; and
50.17 (8) the agency will not contract out its previously eliminated jobs for four years
50.18without first considering the same former employees who are on the seniority unit layoff
50.19list who meet the minimum qualifications determined by the agency.
50.20 (c) A contract establishes an employment relationship for purposes of paragraph (b),
50.21clause (6), if, under federal laws governing the distinction between an employee and an
50.22independent contractor, a person would be considered an employee.
50.23 Sec. 66. Minnesota Statutes 2006, section 16C.08, subdivision 4, is amended to read:
50.24 Subd. 4. Reports. (a) The commissioner shall submit to the governor, the chairs of
50.25the house Ways and Means and senate Finance Committees, and the Legislative Reference
50.26Library a yearly listing of all contracts for professional or technical services executed.
50.27The report must identify the contractor, contract amount, duration, and services to be
50.28provided. The commissioner shall also issue yearly reports summarizing the contract
50.29review activities of the department by fiscal year.
50.30 (b) The fiscal year report must be submitted by September 1 of each year and must:
50.31 (1) be sorted by agency and by contractor;
50.32 (2) show the aggregate value of contracts issued by each agency and issued to each
50.33contractor;
50.34 (3) distinguish between contracts that are being issued for the first time and contracts
50.35that are being extended;
51.1 (4) state the termination date of each contract;
51.2 (5) identify services by commodity code, including topics such as contracts for
51.3training, contracts for research and opinions, and contracts for computer systems; and
51.4 (6) identify which contracts were awarded without following the solicitation process
51.5in this chapter because it was determined that there was only a single source for the
51.6services.
51.7 (c) Within 30 days of final completion of a contract over $50,000 covered by this
51.8subdivision, the head of the agency entering into the contract must submit a one-page
51.9report to the commissioner who must submit a copy to the Legislative Reference Library.
51.10The report must:
51.11 (1) summarize the purpose of the contract, including why it was necessary to enter
51.12into a contract;
51.13 (2) state the amount spent on the contract;
51.14(3) be accompanied by the performance evaluation prepared according to subdivision
51.154a; and
51.16(4) (3) if the contract was awarded without following the solicitation process in this
51.17chapter because it was determined that there was only a single source for the services,
51.18explain why the agency determined there was only a single source for the services.; and
51.19 (4) include a written performance evaluation of the work done under the contract.
51.20The evaluation must include an appraisal of the contractor's timeliness, quality, cost, and
51.21overall performance in meeting the terms and objectives of the contract. Contractors may
51.22request copies of evaluations prepared under this subdivision and may respond in writing.
51.23Contractor responses must be maintained with the contract file.
51.24 Sec. 67. Minnesota Statutes 2006, section 16C.08, is amended by adding a subdivision
51.25to read:
51.26 Subd. 4b. Limitations on actions. No action may be maintained by a contractor
51.27against an employee or agency who discloses information about a current or former
51.28contractor under subdivision 4, unless the contractor demonstrates by clear and convincing
51.29evidence that:
51.30 (1) the information was false and defamatory;
51.31 (2) the employee or agency knew or should have known the information was false
51.32and acted with malicious intent to injure the current or former contractor; and
51.33 (3) the information was acted upon in a manner that caused harm to the current or
51.34former contractor.
52.1 Sec. 68. [16C.086] CALL-CENTER.
52.2 An agency may not enter into a contract for operation of a call-center, or a contract
52.3whose primary purpose is to provide similar services answering or responding to telephone
52.4calls on behalf of an agency without determining if the service can be provided by state
52.5employees, and the services must be provided at offices located in the United States. For
52.6purposes of this section, "agency" includes the Minnesota State Colleges and Universities.
52.7EFFECTIVE DATE.This section is effective the day following final enactment,
52.8and applies to a contract entered into or renewed or otherwise extended after that date.
52.9 Sec. 69. Minnesota Statutes 2006, section 16C.10, subdivision 7, is amended to read:
52.10 Subd. 7. Reverse auction. (a) For the purpose of this subdivision, "reverse auction"
52.11means a purchasing process in which vendors compete to provide goods orcomputer
52.12services at the lowest selling price in an open and interactive environment. Reverse
52.13auctions may not be utilized to procure engineering design services or architectural
52.14services or to establish building and construction contracts under sections 16C.26 to
52.1516C.29.
52.16 (b) The provisions of sections13.591, subdivision 3 , and
16C.06, subdivision 2 ,
52.17do not apply when the commissioner determines that a reverse auction is the appropriate
52.18purchasing process.
52.19 Sec. 70. Minnesota Statutes 2006, section 16C.16, subdivision 5, is amended to read:
52.20 Subd. 5. Designation of targeted groups. (a) The commissioner of administration
52.21shall periodically designate businesses that are majority owned and operated by women,
52.22persons with a substantial physical disability, or specific minorities as targeted group
52.23businesses within purchasing categories as determined by the commissioner. A group
52.24may be targeted within a purchasing category if the commissioner determines there is a
52.25statistical disparity between the percentage of purchasing from businesses owned by
52.26group members and the representation of businesses owned by group members among all
52.27businesses in the state in the purchasing category.
52.28 (b) In addition to designations under paragraph (a), an individual business may be
52.29included as a targeted group business if the commissioner determines that inclusion is
52.30necessary to remedy discrimination against the owner based on race, gender, or disability
52.31in attempting to operate a business that would provide goods or services to public agencies.
52.32 (c) In addition to the designations under paragraphs (a) and (b), the commissioner of
52.33administration shall designate businesses that are majority owned and operated by veterans
52.34who have served in federal active service as defined in section 190.05, subdivision 5c, in
53.1support of Operation Enduring Freedom or Operation Iraqi Freedom as targeted group
53.2businesses within purchasing categories as determined by the commissioner. "Veteran"
53.3has the meaning given in section 197.447, and also includes both currently serving and
53.4honorably discharged members of the national guard and other military reserves.
53.5(c) (d) The designations of purchasing categories and businesses under paragraphs
53.6(a)and, (b), and (c) are not rules for purposes of chapter 14, and are not subject to
53.7rulemaking procedures of that chapter.
53.8EFFECTIVE DATE.This section is effective July 1, 2007, and applies to
53.9procurement contract bid solicitations issued on and after that date.
53.10 Sec. 71. [16C.251] BEST AND FINAL OFFER.
53.11 A "best and final offer" solicitation process may not be used for building and
53.12construction contracts.
53.13 Sec. 72. [16E.22] LICENSING SYSTEM.
53.14 The state chief information officer may enter into a professional or technical services
53.15contract for information systems development in which the vendor finances all or part
53.16of the cost of system development. The state chief information officer may assess and
53.17accept a fee for business and occupational licenses for the purpose of developing and
53.18maintaining a licensing system.
53.19 Sec. 73. Minnesota Statutes 2006, section 37.06, is amended to read:
53.2037.06 SECRETARY; LEGISLATIVE AUDITOR; DUTIES; REPORT.
53.21 The secretary shall keep a complete record of the proceedings of the annual meetings
53.22of the State Agricultural Society and all meetings of the board of managers and any
53.23committee of the board, keep all accounts of the society other than those kept by the
53.24treasurer of the society, and perform other duties as directed by the board of managers. On
53.25or before December 31 each year, the secretary shall report to the governor for the fiscal
53.26year ending October 31 all the proceedings of the society during the current year and its
53.27financial condition as appears from its books. This report must contain a full, detailed
53.28statement of all receipts and expenditures during the year.
53.29 The books and accounts of the society for the fiscal year must be examined and
53.30audited annually by the legislative auditor. The cost of the examination must be paid by the
53.31society to the state and credited to thegeneral fund appropriation for the legislative auditor.
54.1 A summary of this examination, certified by the legislative auditor, must be
54.2appended to the secretary's report, along with the legislative auditor's recommendations
54.3and the proceedings of the first annual meeting of the society held following the secretary's
54.4report, including addresses made at the meeting as directed by the board of managers. The
54.5summary, recommendations, and proceedings must be printed in the same manner as the
54.6reports of state officers. Copies of the report must be printed annually and distributed as
54.7follows: to each society or association entitled to membership in the society, to each
54.8newspaper in the state, and the remaining copies as directed by the board of managers.
54.9EFFECTIVE DATE.This section is effective the day following final enactment.
54.10 Sec. 74. Minnesota Statutes 2006, section 43A.02, is amended by adding a subdivision
54.11to read:
54.12 Subd. 18a. Domestic partner. "Domestic partner" means a person who has entered
54.13into a committed interdependent relationship with another adult, where the partners:
54.14 (1) are responsible for each other's basic common welfare;
54.15 (2) share a common residence and intend to do so indefinitely;
54.16 (3) are not related by blood or adoption to an extent that would prohibit marriage in
54.17this state; and
54.18 (4) are legally competent and qualified to enter into a contract.
54.19 For purposes of this subdivision, domestic partners may share a common residence,
54.20even if:
54.21 (1) they do not each have a legal right to possess the residence; or
54.22 (2) one or both domestic partners possess additional real property.
54.23 If one domestic partner temporarily leaves the common residence with the intention
54.24to return, the domestic partners continue to share a common residence for the purposes
54.25of this subdivision.
54.26 Sec. 75. Minnesota Statutes 2006, section 43A.24, subdivision 1, is amended to read:
54.27 Subdivision 1. General. Employees, including persons on layoff from a civil
54.28service position, and employees who are employed less than full time, shall be eligible
54.29for state paid life insurance and hospital, medical and dental benefits as provided in
54.30collective bargaining agreements or plans established pursuant to section43A.18 . If a
54.31collective bargaining agreement or plan provides state paid health insurance for spouses of
54.32employees, the insurance must be made available to domestic partners of state employees
54.33on the same terms and conditions.
55.1 Sec. 76. Minnesota Statutes 2006, section 43A.49, is amended to read:
55.243A.49 VOLUNTARY UNPAID LEAVE OF ABSENCE.
55.3 (a) Appointing authorities in state government may allow each employee to take
55.4unpaid leaves of absence for up to 1,040 hoursbetween June 1, 2003, and June 30, 2005.
55.5The 1,040 hour limit replaces, and is not in addition to, limits set in prior laws in each
55.6two-year period beginning July 1 of each odd-numbered year. Each appointing authority
55.7approving such a leave shall allow the employee to continue accruing vacation and
55.8sick leave, be eligible for paid holidays and insurance benefits, accrue seniority, and, if
55.9payments are made under paragraph (b), accrue service credit and credited salary in the
55.10state retirement plans, as if the employee had actually been employed during the time of
55.11leave. An employee covered by the unclassified plan may voluntarily make the employee
55.12contributions to the unclassified plan during the leave of absence. If the employee makes
55.13these contributions, the appointing authority must make the employer contribution. If the
55.14leave of absence is for one full pay period or longer, any holiday pay shall be included in
55.15the first payroll warrant after return from the leave of absence. The appointing authority
55.16shall attempt to grant requests for the unpaid leaves of absence consistent with the need to
55.17continue efficient operation of the agency. However, each appointing authority shall retain
55.18discretion to grant or refuse to grant requests for leaves of absence and to schedule and
55.19cancel leaves, subject to the applicable provisions of collective bargaining agreements
55.20and compensation plans.
55.21 (b) To receive eligible service credit and credited salary in a defined benefit plan, the
55.22member shall pay an amount equal to the applicable employee contribution rates. If an
55.23employee pays the employee contribution for the period of the leave under this section,
55.24the appointing authority must pay the employer contribution. The appointing authority
55.25may, at its discretion, pay the employee contributions. Contributions must be made in a
55.26time and manner prescribed by the executive director of the Minnesota State Retirement
55.27Association System.
55.28 Sec. 77. [43A.50] CERTIFICATE OF PAY EQUITY COMPLIANCE.
55.29 Subdivision 1. Scope of application. For a contract for goods or services in excess
55.30of $100,000, a state department or agency may not accept a bid or proposal from a
55.31business having more than 40 full-time employees within the state on a single working
55.32day during the previous 12 months unless the commissioner has approved the business'
55.33plan to establish equitable compensation relationships for its employees and has issued the
55.34business a certificate of compliance. A certificate of compliance is valid for two years.
56.1 Subd. 2. Compliance; good faith effort. (a) The commissioner must approve a
56.2plan and issue a certificate of compliance under this section to a business if the business
56.3demonstrates that it is in compliance with equitable compensation relationship standards
56.4or is making a good faith effort to achieve compliance with those standards. The standards
56.5for determining equitable compensation relationships for a business under this section
56.6are the same as the standards in sections 471.991 to 471.997 and rules adopted under
56.7those sections.
56.8 (b) A business that is not in compliance with equitable compensation relationship
56.9standards is making a good faith effort to achieve compliance if the commissioner has
56.10approved:
56.11 (1) a plan for achieving compliance, including the business' proposed actions and
56.12response to the commissioner's recommendations; and
56.13 (2) a proposed date for achieving compliance and for submitting a revised report
56.14for the commissioner's review.
56.15 Subd. 3. Filing fee; account; appropriation. The commissioner shall collect
56.16a $75 fee for each certificate of compliance issued by the commissioner under this
56.17section. The proceeds of the fee must be deposited in a pay equity fee special revenue
56.18account. Money in the account is appropriated to the commissioner to fund the cost of
56.19administering this section.
56.20 Subd. 4. Revocation of certificate. A certificate of compliance may be suspended or
56.21revoked by the commissioner of administration if a holder of a certificate is not effectively
56.22implementing or making a good faith effort to implement its approved plan to establish
56.23equitable compensation relationships. If a contractor does not effectively implement its
56.24approved plan, or fails to make a good faith effort to do so, the commissioner of employee
56.25relations may refuse to approve subsequent plans submitted by that business.
56.26 Subd. 5. Revocation of contract. A contract awarded by a department or agency of
56.27the state may be terminated or abridged by the contracting department or agency because
56.28of suspension or revocation of a certificate. If a contract is awarded to a person who
56.29does not have a contract compliance certificate required, the commissioner may void
56.30the contract on behalf of the state.
56.31 Subd. 6. Technical assistance. If the commissioner of administration has
56.32suspended a contractor's certificate of compliance, the commissioner shall provide
56.33technical assistance that may enable the contractor to be recertified within 90 days after
56.34the contractor's certificate has been suspended.
56.35 Subd. 7. Access to data. Data submitted to the commissioner by a contractor
56.36or potential contractor for purposes of obtaining a certificate of compliance under this
57.1section are private data on individuals or nonpublic data with respect to persons other
57.2than department employees. The commissioner's decision to grant, not grant, revoke, or
57.3suspend a certificate of compliance is public data.
57.4EFFECTIVE DATE.This section is effective July 1, 2007, and applies to contracts
57.5for which a state department or agency issues solicitations on or after that date.
57.6 Sec. 78. Minnesota Statutes 2006, section 103D.355, is amended to read:
57.7103D.355 ANNUAL AUDIT.
57.8 Subdivision 1. Requirement. The managers must have an annual audit completed
57.9of the books and accounts of the watershed district. The annual audit may be made by
57.10a private certified public accountant or by the state auditor.The annual audit must be
57.11made by a certified public accountant or the state auditor at least once every five years, or
57.12when cumulative district revenues or expenditures exceed an amount established by the
57.13board in consultation with the state auditor.
57.14 Subd. 2. Audit by state auditor. (a)If the annual An audit is to be made by the
57.15state auditor, the audit must may be initiated by a petition of the resident owners of the
57.16watershed district or resolution of the managers of the watershed district. The petition
57.17must request an annual audit pursuant to the authority granted municipalities under
57.18sections6.54 and
6.55 . The state auditor may conduct such examinations of accounts and
57.19records as the state auditor may deem the public interest to demand.
57.20 (b) If the audit or examination is made by the state auditor, the watershed
57.21district receiving the examination must pay the state the total cost and expenses of the
57.22examination, including the salaries paid to the examiners while actually engaged in
57.23making the examination. The general fund must be credited with all collections made
57.24for examinations under this subdivision.
57.25 Subd. 3. Reports for state auditor. The managers must make and submit reports
57.26demanded by the state auditor.
57.27 Sec. 79. Minnesota Statutes 2006, section 161.1419, subdivision 8, is amended to read:
57.28 Subd. 8. Expiration. The commission expires on June 30,2007 2012.
57.29 Sec. 80. Minnesota Statutes 2006, section 181.9413, is amended to read:
57.30181.9413 SICKOR INJURED CHILD CARE LEAVE BENEFITS; USE TO
57.31CARE FOR CERTAIN RELATIVES.
58.1 (a) An employee may use personal sick leave benefits provided by the employer
58.2for absences due to an illness of or injury to the employee's child, spouse, sibling, parent,
58.3grandparent, stepparent, or domestic partner for such reasonable periods as the employee's
58.4attendance with the child may be necessary, on the same terms upon which the employee
58.5is able to use sick leave benefits for the employee's own illness or injury. This section
58.6applies only to personal sick leave benefits payable to the employee from the employer's
58.7general assets.
58.8 (b) For purposes of this section, "personal sick leave benefits" means time accrued
58.9and available to an employee to be used as a result of absence from work due to personal
58.10illness or injury, but does not include short-term or long-term disability or other salary
58.11continuation benefits.
58.12 (c) For purposes of this section, "domestic partner" means a person who has entered
58.13into a committed interdependent relationship with another adult, where the partners:
58.14 (1) are responsible for each other's basic common welfare;
58.15 (2) share a common residence and intend to do so indefinitely;
58.16 (3) are not related by blood or adoption to an extent that would prohibit marriage in
58.17this state; and
58.18 (4) are legally competent and qualified to enter into a contract.
58.19 For purposes of this section, domestic partners may share a common residence even
58.20if they do not have a legal right to possess the residence or one or both domestic partners
58.21possess additional real property.
58.22 If one domestic partner temporarily leaves the common residence with the intention
58.23to return, the domestic partners continue to share a common residence for the purposes
58.24of this section.
58.25EFFECTIVE DATE.This section is effective August 1, 2007, and applies to sick
58.26leave used on or after that date.
58.27 Sec. 81. [192.382] HONOR GUARDS.
58.28 Upon the death of any person who has honorably served six or more years or is
58.29in active service in the Minnesota National Guard, the adjutant general may activate
58.30members to serve as an honor guard at the funeral. Members activated for service as honor
58.31guards must be paid at the rate provided in section 192.49, subdivision 1 or 2.
58.32 Sec. 82. [192.515] NATIONAL GUARD NONAPPROPRIATED FUND
58.33INSTRUMENTALITY.
58.34 Subdivision 1. Establishment. The adjutant general may:
59.1 (a) establish a Minnesota National Guard Nonappropriated Fund Instrumentality to
59.2create, operate, and maintain morale, welfare, and recreation facilities and activities at
59.3Camp Ripley and other property owned, leased, or otherwise controlled by the Minnesota
59.4Nation Guard; and
59.5 (b) create a board to manage the fund established under paragraph (a) and delegate
59.6to the board the adjutant general's authority under this section.
59.7 Subd. 2. Definitions. (a) The definitions in this subdivision apply to this section.
59.8 (b) "MNG NAFI" means the Minnesota National Guard Nonappropriated Fund
59.9Instrumentality.
59.10 (c) "Morale, welfare, and recreation" refers to a facility or activity intended to
59.11provide recreational opportunities, promote unit and individual morale, and generally
59.12improve the welfare of Minnesota National Guard personnel at Camp Ripley or other
59.13properties owned, leased, or otherwise controlled by the Minnesota National Guard. It
59.14does not include facilities or services provided by the Army and Air Force Exchange
59.15Service. It also does not include facilities or services provided by other instrumentalities
59.16through the use of appropriated funds.
59.17 Subd. 3. Use. The adjutant general may authorize Minnesota National Guard lands
59.18and facilities to be used in support of morale, welfare, and recreation activities under this
59.19section. That use must not interfere with military operations or training.
59.20 Subd. 4. Funds. (a) Except as otherwise specifically authorized in this section,
59.21no general fund money or other state funds may be used for the purposes authorized
59.22under this section.
59.23 (b) The MNG NAFI is authorized to accept donations or gifts from public or private
59.24sources for purposes authorized under this section, including, but not limited to, federal
59.25funds made available to the National Guard for related activities and money received from
59.26recycling activities to the extent authorized by federal regulation.
59.27 (c) Money received from operation of activities under this section, including, but
59.28not limited to, user fees and rental charges must be deposited and managed consistent
59.29with this subdivision.
59.30 (d) The adjutant general may transfer funds from any existing morale, welfare, or
59.31recreation fund to the MNG NAFI.
59.32 (e) Money received by the MNG NAFI must be deposited in the Minnesota National
59.33Guard morale, welfare, and recreation fund.
59.34 (f) Accounts or funds created under this section must be audited annually by officers
59.35of the military forces detailed by the adjutant general as military auditors.
60.1 Subd. 5. Rules. The adjutant general must adopt rules for the establishment,
60.2management, and operation of the MNG NAFI consistent with this section.
60.3 Sec. 83. [197.231] HONOR GUARDS.
60.4 The commissioner of veterans affairs shall pay, within available funds and upon
60.5request by a local unit of a congressionally chartered veterans organization or its auxiliary,
60.6up to $50 to the local unit for each time that local unit provides an honor guard detail at
60.7the funeral of a deceased veteran. If the local unit provides a student to play "Taps," the
60.8local unit may pay some or all of the $50 to the student.
60.9 Sec. 84. Minnesota Statutes 2006, section 302A.821, subdivision 4, is amended to read:
60.10 Subd. 4. Penalty; reinstatement. (a) A corporation that has failed to file a
60.11registration pursuant to the requirements of subdivision 2 must be dissolved by the
60.12secretary of state as described in paragraph (b).
60.13 (b) If the corporation has not filed the registrationfor two consecutive during
60.14any calendaryears year, the secretary of state must issue a certificate of administrative
60.15dissolution and the certificate must be filed in the Office of the Secretary of State.The
60.16secretary of state shall send notice to the corporation that the corporation has been
60.17dissolved and that the corporation may be reinstated by filing a registration and a $25 fee.
60.18The notice must be given by United States mail unless the company has indicated to the
60.19secretary of state that they are willing to receive notice by electronic notification, in which
60.20case the secretary of state may give notice by mail or the indicated means. The secretary
60.21of state shall annually inform the attorney general and the commissioner of revenue of
60.22the methods by which the names of corporations dissolved under this section during the
60.23preceding year may be determined. The secretary of state must also make available in
60.24an electronic format the names of the dissolved corporations. A corporation dissolved in
60.25this manner is not entitled to the benefits of section302A.781 . The liability, if any, of the
60.26shareholders of a corporation dissolved in this manner shall be determined and limited in
60.27accordance with section302A.557 , except that the shareholders shall have no liability to
60.28any director of the corporation under section302A.559, subdivision 2 .
60.29 (c) After administrative dissolution, filing a registration and the $25 fee with the
60.30secretary of state:
60.31 (1) returns the corporation to good standing as of the date of the dissolution;
60.32 (2) validates contracts or other acts within the authority of the articles, and the
60.33corporation is liable for those contracts or acts; and
61.1 (3) restores to the corporation all assets and rights of the corporation to the extent
61.2they were held by the corporation before the dissolution occurred, except to the extent that
61.3assets or rights were affected by acts occurring after the dissolution or sold or otherwise
61.4distributed after that time.
61.5EFFECTIVE DATE.This section is effective January 1, 2008.
61.6 Sec. 85. Minnesota Statutes 2006, section 308A.995, subdivision 4, is amended to read:
61.7 Subd. 4. Penalty; dissolution. (a) A cooperative that has failed to file a registration
61.8pursuant to the requirements of this section by December 31 of the calendar year for which
61.9the registration was required must be dissolved by the secretary of state as described in
61.10paragraph (b).
61.11 (b) If the cooperative has not filed the registration by December 31 of that calendar
61.12year, the secretary of state must issue a certificate of involuntary dissolution, and the
61.13certificate must be filed in the Office of the Secretary of State.The secretary of state must
61.14annually inform the attorney general and the commissioner of revenue of the methods by
61.15which the names of cooperatives dissolved under this section during the preceding year
61.16may be determined. The secretary of state must also make available in an electronic
61.17format the names of the dissolved cooperatives. A cooperative dissolved in this manner is
61.18not entitled to the benefits of section308A.981 .
61.19EFFECTIVE DATE.This section is effective January 1, 2008.
61.20 Sec. 86. Minnesota Statutes 2006, section 308B.121, subdivision 4, is amended to read:
61.21 Subd. 4. Penalty; dissolution. (a) A cooperative that has failed to file a registration
61.22under the requirements of this section must be dissolved by the secretary of state as
61.23described in paragraph (b).
61.24 (b) If the cooperative has not filed the registration by December 31 of that calendar
61.25year, the secretary of state must issue a certificate of involuntary dissolution and the
61.26certificate must be filed in the Office of the Secretary of State.The secretary of state must
61.27annually inform the attorney general and the commissioner of revenue of the methods by
61.28which the names of cooperatives dissolved under this section during the preceding year
61.29may be determined. The secretary of state must also make available in an electronic
61.30format the names of the dissolved cooperatives. A cooperative dissolved in this manner is
61.31not entitled to the benefits of section308B.971 .
61.32EFFECTIVE DATE.This section is effective January 1, 2008.
62.1 Sec. 87. Minnesota Statutes 2006, section 308B.215, subdivision 2, is amended to read:
62.2 Subd. 2. Filing. The original articles and a designation of the cooperative's
62.3registered office and agent, including a registration form under section
308B.121, shall
62.4be filed with the secretary of state. The fee for filing the articles with the secretary of
62.5state is $60.
62.6EFFECTIVE DATE.This section is effective August 1, 2007.
62.7 Sec. 88. [308B.903] NOTICE OF INTENT TO DISSOLVE.
62.8 Before a cooperative begins dissolution, a notice of intent to dissolve must be filed
62.9with the secretary of state. The notice must contain:
62.10 (1) the name of the cooperative;
62.11 (2) the date and place of the members' meeting at which the resolution was
62.12approved; and
62.13 (3) a statement that the requisite vote of the members approved the proposed
62.14dissolution.
62.15EFFECTIVE DATE.This section is effective August 1, 2007.
62.16 Sec. 89. Minnesota Statutes 2006, section 317A.823, subdivision 1, is amended to read:
62.17 Subdivision 1. Annual registration. (a) The secretary of state must send annually
62.18to each corporation at the registered office of the corporation a postcard notice announcing
62.19the need to file the annual registration and informing the corporation that the annual
62.20registration may be filed online and that paper filings may also be made, and informing
62.21the corporation that failing to file the annual registration will result in an administrative
62.22dissolution of the corporation.
62.23 (b)Except for corporations to which paragraph (d) applies, Each calendar year
62.24beginning in the calendar year following the calendar year in which a corporation
62.25incorporates, a corporation must file with the secretary of state by December 31 of each
62.26calendar year a registration containing the information listed in paragraph (c).
62.27 (c) The registration must include:
62.28 (1) the name of the corporation;
62.29 (2) the address of its registered office;
62.30 (3) the name of its registered agent, if any; and
62.31 (4) the name and business address of the officer or other person exercising the
62.32principal functions of president of the corporation.
63.1(d) The timely filing of an annual financial report and audit or an annual financial
63.2statement under section
69.051, subdivision 1 or 1a, by a volunteer firefighter relief
63.3association, as reflected in the notification by the state auditor under section
69.051,
63.4subdivision 1c
, constitutes presentation of the corporate registration. The secretary of state
63.5may reject the registration by the volunteer firefighter relief association. Rejection must
63.6occur if the information provided to the state auditor does not match the information
63.7in the records of the secretary of state. The volunteer firefighter relief association may
63.8amend the articles of incorporation as provided in sections
317A.131 to
317A.151 so
63.9that the information from the state auditor may be accepted for filing. The timely filing
63.10of an annual financial report and audit or an annual financial statement under section
63.1169.051, subdivision 1 or 1a, does not relieve the volunteer firefighter relief association
63.12of the requirement to file amendments to the articles of incorporation directly with the
63.13secretary of state.
63.14EFFECTIVE DATE.This section is effective August 1, 2007.
63.15 Sec. 90. Minnesota Statutes 2006, section 321.0206, is amended to read:
63.16321.0206 DELIVERY TO AND FILING OF RECORDS BY SECRETARY OF
63.17STATE; EFFECTIVE TIME AND DATE.
63.18 (a) A record authorized or required to be delivered to the secretary of state for filing
63.19under this chapter must be captioned to describe the record's purpose, be in a medium
63.20permitted by the secretary of state, and be delivered to the secretary of state. Unless the
63.21secretary of state determines that a record does not comply with the filing requirements
63.22of this chapter, and if the appropriate filing fees have been paid, the secretary of state
63.23shall file the record and:
63.24 (1) for a statement of dissociation, send:
63.25 (A) a copy of the filed statement to the person which the statement indicates has
63.26dissociated as a general partner; and
63.27 (B) a copy of the filed statement to the limited partnership;
63.28 (2) for a statement of withdrawal, send:
63.29 (A) a copy of the filed statement to the person on whose behalf the record was
63.30filed; and
63.31 (B) if the statement refers to an existing limited partnership, a copy of the filed
63.32statement to the limited partnership; and
63.33 (3) for all other records, send a copy of the filed record to the person on whose
63.34behalf the record was filed.
64.1 (b) Upon request and payment of a fee, the secretary of state shall send to the
64.2requester a certified copy of the requested record.
64.3 (c) Except as otherwise provided in sections321.0116 and
321.0207 , a record
64.4delivered to the secretary of state for filing under this chapter may specify an effective
64.5time and a delayed effective date. Except as otherwise provided in this chapter, a record
64.6filed by the secretary of state is effective:
64.7 (1) if the record does not specify an effective time and does not specify a delayed
64.8effective date, on the date and at the time the record is filed as evidenced by the secretary
64.9of state's endorsement of the date and time on the record;
64.10 (2) if the record specifies an effective time but not a delayed effective date, on the
64.11date the record is filed at the time specified in the record;
64.12 (3) if the record specifies a delayed effective date but not an effective time, at 12:01
64.13a.m. on the earlier of:
64.14 (A) the specified date; or
64.15 (B) the 30th day after the record is filed; or
64.16 (4) if the record specifies an effective time and a delayed effective date, at the
64.17specified time on the earlier of:
64.18 (A) the specified date; or
64.19 (B) the 30th day after the record is filed.
64.20 (d) The appropriate fees for filings under this chapter are:
64.21 (1) for filing a certificate of limited partnership, $100;
64.22 (2) for filing an amended certificate of limited partnership, $50;
64.23 (3) for filing any other record, other than the annual report required by section
64.24321.0210, for which no fee must be charged, required or permitted to be delivered for
64.25filing, $35;
64.26 (4) for filing a certificate requesting authority to transact business in Minnesota as a
64.27foreign limited partnership, $85;
64.28 (5) for filing an application of reinstatement, $25;and
64.29 (6) for filing a name reservation for a foreign limited partnership name, $35; and
64.30 (7) for filing any other record, other than the annual report required by section
64.31321.0210, for which no fee must be charged, required or permitted to be delivered for
64.32filing on a foreign limited partnership authorized to transact business in Minnesota, $50.
64.33EFFECTIVE DATE.This section is effective July 1, 2007.
64.34 Sec. 91. [321.0909] NAME CHANGES FILED IN HOME STATE.
65.1 A foreign limited partnership shall notify the secretary of state of any changes to the
65.2partnership name filed with the state of formation by filing a certificate from the state of
65.3formation certifying to the change of name.
65.4EFFECTIVE DATE.This section is effective August 1, 2007.
65.5 Sec. 92. Minnesota Statutes 2006, section 336.1-110, is amended to read:
65.6336.1-110 UNIFORM COMMERCIAL CODE ACCOUNT.
65.7 The Uniform Commercial Code account is established as an account in the state
65.8treasury. Fees that are not expressly set by statute but are charged by the secretary of state
65.9to offset the costs of providing a service under this chapter must be deposited in the state
65.10treasury and credited to the Uniform Commercial Code account.
65.11 Fees that are not expressly set by statute but are charged by the secretary of state
65.12to offset the costs of providing information contained in the computerized records
65.13maintained by the secretary of state must be deposited in the state treasury and credited to
65.14the Uniform Commercial Code account.
65.15 Money in the Uniform Commercial Code account is continuously appropriated to the
65.16secretary of state to implement and maintain the central filing system under this chapter,
65.17to provide, improve, and expand other online or remote lien and business entity filing,
65.18retrieval, and payment method services provided by the secretary of state, and to provide
65.19electronic access to other computerized records maintained by the secretary of state.
65.20EFFECTIVE DATE.This section is effective August 1, 2007.
65.21 Sec. 93. Minnesota Statutes 2006, section 336.9-516, is amended to read:
65.22336.9-516 WHAT CONSTITUTES FILING; EFFECTIVENESS OF FILING.
65.23 (a) What constitutes filing. Except as otherwise provided in subsection (b),
65.24communication of a record to a filing office and tender of the filing fee or acceptance of
65.25the record by the filing office constitutes filing.
65.26 (b) Refusal to accept record; filing does not occur. Filing does not occur with
65.27respect to a record that a filing office refuses to accept because:
65.28 (1) the record is not communicated by a method or medium of communication
65.29authorized by the filing office. For purposes of filing office authorization, transmission of
65.30records using the Extensible Markup Language (XML) format is authorized by the filing
65.31office after the later of July 1, 2007, or the determination of the secretary of state that the
65.32central filing system is capable of receiving and processing these records;
65.33 (2) an amount equal to or greater than the applicable filing fee is not tendered;
66.1 (3) the filing office is unable to index the record because:
66.2 (A) in the case of an initial financing statement, the record does not provide a name
66.3for the debtor;
66.4 (B) in the case of an amendment or correction statement, the record:
66.5 (i) does not identify the initial financing statement as required by section336.9-512
66.6or336.9-518 , as applicable; or
66.7 (ii) identifies an initial financing statement whose effectiveness has lapsed under
66.8section336.9-515 ;
66.9 (C) in the case of an initial financing statement that provides the name of a debtor
66.10identified as an individual or an amendment that provides a name of a debtor identified as
66.11an individual which was not previously provided in the financing statement to which the
66.12record relates, the record does not identify the debtor's last name; or
66.13 (D) in the case of a record filed or recorded in the filing office described in section
66.14336.9-501(a)(1)
, the record does not provide a sufficient description of the real property
66.15to which it relates;
66.16 (4) in the case of an initial financing statement or an amendment that adds a secured
66.17party of record, the record does not provide a name and mailing address for the secured
66.18party of record;
66.19 (5) in the case of an initial financing statement or an amendment that provides a
66.20name of a debtor which was not previously provided in the financing statement to which
66.21the amendment relates, the record does not:
66.22 (A) provide a mailing address for the debtor;
66.23 (B) indicate whether the debtor is an individual or an organization; or
66.24 (C) if the financing statement indicates that the debtor is an organization, provide:
66.25 (i) a type of organization for the debtor;
66.26 (ii) a jurisdiction of organization for the debtor; or
66.27 (iii) an organizational identification number for the debtor or indicate that the debtor
66.28has none;
66.29 (6) in the case of an assignment reflected in an initial financing statement under
66.30section336.9-514(a) or an amendment filed under section
336.9-514(b) , the record does
66.31not provide a name and mailing address for the assignee; or
66.32 (7) in the case of a continuation statement, the record is not filed within the
66.33six-month period prescribed by section336.9-515(d) .
66.34 (c) Rules applicable to subsection (b). For purposes of subsection (b):
66.35 (1) a record does not provide information if the filing office is unable to read or
66.36decipher the information; and
67.1 (2) a record that does not indicate that it is an amendment or identify an initial
67.2financing statement to which it relates, as required by section336.9-512 ,
336.9-514 , or
67.3336.9-518
, is an initial financing statement.
67.4 (d) Refusal to accept record; record effective as filed record. A record that is
67.5communicated to the filing office with tender of the filing fee, but which the filing office
67.6refuses to accept for a reason other than one set forth in subsection (b), is effective as a
67.7filed record except as against a purchaser of the collateral which gives value in reasonable
67.8reliance upon the absence of the record from the files.
67.9EFFECTIVE DATE.This section is effective August 1, 2007.
67.10 Sec. 94. Minnesota Statutes 2006, section 336.9-525, is amended to read:
67.11336.9-525 FEES.
67.12 (a) Initial financing statement or other record: general rule. Except as otherwise
67.13provided in subsection (d), the fee for filing and indexing a record under this partdelivered
67.14on paper is $20 and for a record delivered by any electronic means is $15. $5 of the fee
67.15collected for each request delivered online must be deposited in the uniform commercial
67.16code account.
67.17 (b) Number of names. The number of names required to be indexed does not
67.18affect the amount of the fee in subsection (a).
67.19 (c) Response to information request. The fee for responding to a request for
67.20information from the filing office, including for issuing a certificate showing whether there
67.21is on file any financing statement naming a particular debtor,delivered on paper is $20
67.22and for a record delivered by any electronic means is $15. $5 of the fee collected for each
67.23request delivered online must be deposited in the uniform commercial code account.
67.24 (d) Record of mortgage. This section does not require a fee with respect to a record
67.25of a mortgage which is effective as a financing statement filed as a fixture filing or as a
67.26financing statement covering as-extracted collateral or timber to be cut under section
67.27336.9-502(c)
. However, the recording and satisfaction fees that otherwise would be
67.28applicable to the record of the mortgage apply.
67.29EFFECTIVE DATE.This section is effective July 1, 2007.
67.30 Sec. 95. [349A.021] LOTTERY OFFICES.
67.31 The State Lottery may not move its operations at its Mountain Iron location to a
67.32location outside the Quad-City area of Mountain Iron, Eveleth, Gilbert, and Virginia, and
67.33may not reduce the complement of staff employed at this office.
68.1EFFECTIVE DATE.This section is effective the day following final enactment.
68.2 Sec. 96. Minnesota Statutes 2006, section 356.219, subdivision 1, is amended to read:
68.3 Subdivision 1. Report required. (a) Except as indicated in subdivision 4, the State
68.4Board of Investment, on behalf of the public pension funds and programs for which it is
68.5the investment authority, and any Minnesota public pension plan that is not fully invested
68.6through the State Board of Investment, including a local police or firefighters relief
68.7association governed by sections69.77 or
69.771 to
69.775 , shall report the information
68.8specified in subdivision 3 to the state auditor. A report under this section must be filed
68.9electronically with the state auditor, unless the state auditor determines that it is not
68.10feasible for a particular plan or association to file electronically. The state auditor may
68.11prescribea form or forms for the purposes of the reporting requirements contained in the
68.12format for reports required by this section. The state auditor must attempt to provide
68.13access on the state auditor's Web site to reports filed under this section.
68.14 (b) A local police or firefighters relief association governed by section69.77 or
68.15sections69.771 to
69.775 is fully invested during a given calendar year for purposes of
68.16this section if all assets of the applicable pension plan beyond sufficient cash equivalent
68.17investments to cover six months expected expenses are invested under section11A.17 .
68.18The board of any fully invested public pension plan remains responsible for submitting
68.19investment policy statements and subsequent revisions as required by subdivision 3,
68.20paragraph (a).
68.21 (c) For purposes of this section, the State Board of Investment is considered to be
68.22the investment authority for any Minnesota public pension fund required to be invested by
68.23the State Board of Investment under section11A.23 , or for any Minnesota public pension
68.24fund authorized to invest in the supplemental investment fund under section11A.17 and
68.25which is fully invested by the State Board of Investment.
68.26 Sec. 97. Minnesota Statutes 2006, section 358.41, is amended to read:
68.27358.41 DEFINITIONS.
68.28 As used in sections358.41 to
358.49 :
68.29 (1) "Notarial act" means any act that a notary public of this state is authorized to
68.30perform, and includes taking an acknowledgment, administering an oath or affirmation,
68.31taking a verification upon oath or affirmation, witnessing or attesting a signature, certifying
68.32or attesting a copy, and noting a protest of a negotiable instrument. A notary public may
68.33perform a notarial act by electronic means.
69.1 (2) "Acknowledgment" means a declaration by a person that the person has executed
69.2an instrument or electronic record for the purposes stated therein and, if the instrument
69.3or electronic record is executed in a representative capacity, that the person signed
69.4the instrument with proper authority and executed it as the act of the person or entity
69.5represented and identified therein.
69.6 (3) "Verification upon oath or affirmation" means a declaration that a statement is
69.7true made by a person upon oath or affirmation.
69.8 (4) "In a representative capacity" means:
69.9 (i) for and on behalf of a corporation, partnership, limited liability company, trust, or
69.10other entity, as an authorized officer, agent, partner, trustee, or other representative;
69.11 (ii) as a public officer, personal representative, guardian, or other representative,
69.12in the capacity recited in the instrument;
69.13 (iii) as an attorney in fact for a principal; or
69.14 (iv) in any other capacity as an authorized representative of another.
69.15 (5) "Notarial officer" means a notary public or other officer authorized to perform
69.16notarial acts.
69.17 (6) "Electronic signature" means an electronic sound, symbol, or process attached
69.18to or logically associated with a record and executed or adopted by a person with the
69.19intent to sign the record.
69.20 (7) "Electronic record" means a record created, generated, sent, communicated,
69.21received, or stored by electronic means.
69.22EFFECTIVE DATE.This section is effective August 1, 2007.
69.23 Sec. 98. Minnesota Statutes 2006, section 358.42, is amended to read:
69.24358.42 NOTARIAL ACTS.
69.25 (a) In taking an acknowledgment, the notarial officer must determine, either from
69.26personal knowledge or from satisfactory evidence, that the person appearing before the
69.27officer and making the acknowledgment is the person whose true signature is on the
69.28instrument or electronic record.
69.29 (b) In taking a verification upon oath or affirmation, the notarial officer must
69.30determine, either from personal knowledge or from satisfactory evidence, that the person
69.31appearing before the officer and making the verification is the person whose true signature
69.32is made in the presence of the officer on the statement verified.
69.33 (c) In witnessing or attesting a signature the notarial officer must determine, either
69.34from personal knowledge or from satisfactory evidence, that the signature is that of the
70.1person appearing before the officer and named therein. When witnessing or attesting a
70.2signature, the officer must be present when the signature is made.
70.3 (d) In certifying or attesting a copy of a document, electronic record, or other item,
70.4the notarial officer must determine that the proffered copy is a full, true, and accurate
70.5transcription or reproduction of that which was copied.
70.6 (e) In making or noting a protest of a negotiable instrument or electronic record the
70.7notarial officer must determine the matters set forth in section336.3-505 .
70.8 (f) A notarial officer has satisfactory evidence that a person is the person whose true
70.9signature is on a document or electronic record if that person (i) is personally known to
70.10the notarial officer, (ii) is identified upon the oath or affirmation of a credible witness
70.11personally known to the notarial officer, or (iii) is identified on the basis of identification
70.12documents.
70.13EFFECTIVE DATE.This section is effective August 1, 2007.
70.14 Sec. 99. Minnesota Statutes 2006, section 358.50, is amended to read:
70.15358.50 EFFECT OF ACKNOWLEDGMENT.
70.16 An acknowledgment made in a representative capacity for and on behalf of a
70.17corporation, partnership, limited liability company, trust, or other entity and certified
70.18substantially in the form prescribed in this chapter is prima facie evidence that the
70.19instrument or electronic record was executed and delivered with proper authority.
70.20EFFECTIVE DATE.This section is effective August 1, 2007.
70.21 Sec. 100. Minnesota Statutes 2006, section 359.085, subdivision 2, is amended to read:
70.22 Subd. 2. Verifications. In taking a verification upon oath or affirmation, the notarial
70.23officer must determine, either from personal knowledge or from satisfactory evidence, that
70.24the person appearing before the officer and making the verification is the person whose
70.25true signature is made in the presence of the officer on the statement verified.
70.26EFFECTIVE DATE.This section is effective August 1, 2007.
70.27 Sec. 101. Minnesota Statutes 2006, section 359.085, subdivision 3, is amended to read:
70.28 Subd. 3. Witnessing or attesting signatures. In witnessing or attesting a signature,
70.29the notarial officer must determine, either from personal knowledge or from satisfactory
70.30evidence, that the signature is that of the person appearing before the officer and named in
71.1the document or electronic record. When witnessing or attesting a signature, the officer
71.2must be present when the signature is made.
71.3EFFECTIVE DATE.This section is effective August 1, 2007.
71.4 Sec. 102. Minnesota Statutes 2006, section 471.61, subdivision 1a, is amended to read:
71.5 Subd. 1a. Dependents. Notwithstanding the provisions of Minnesota Statutes 1969,
71.6section471.61 , as amended by Laws 1971, chapter 451, section 1, the word "dependents"
71.7as used therein shall mean spouse and minor unmarried children under the age of 18 years
71.8and dependent students under the age of 25 years actually dependent upon the employee,
71.9and others as defined by governmental units at their discretion.
71.10 Sec. 103. [471.6175] TRUST FOR POSTEMPLOYMENT BENEFITS.
71.11 Subdivision 1. Authorization; establishment. A political subdivision or other
71.12public entity that creates or has created an actuarial liability to pay postemployment
71.13benefits to employees or officers after their termination of service may establish a trust to
71.14pay those benefits. For purposes of this section, the term "postemployment benefits" means
71.15benefits giving rise to a liability under Statement No. 45 of the Governmental Accounting
71.16Standards Board and the term "trust" means a trust, a trust account, or a custodial account
71.17or contract authorized under section 401(f) of the Internal Revenue Code.
71.18 Subd. 2. Purpose of trust. The trust established under this section may only be
71.19used to pay postemployment benefits and may be either revocable or irrevocable.
71.20 Subd. 3. Trust administrator. The trust administrator of a trust established under
71.21this section shall be either:
71.22 (1) the Public Employees Retirement Association;
71.23 (2) a bank or banking association incorporated under the laws of the United States or
71.24of any state and authorized by the laws under which it is organized to exercise corporate
71.25trust powers; or
71.26 (3) an insurance company or agency qualified to do business in Minnesota which has
71.27at least five years experience in investment products and services for group retirement
71.28benefits and which has a specialized department dedicated to services for retirement
71.29investment products.
71.30 A political subdivision or public entity may, in its discretion and in compliance
71.31with any applicable trust document, change trust administrators and transfer trust assets
71.32accordingly.
71.33 Subd. 4. Account maintenance. A political subdivision or other public entity may
71.34establish a trust account to be held under the supervision of the trust administrator for the
72.1purposes of this section. A trust administrator shall establish a separate account for each
72.2participating political subdivision or public entity. The trust administrator may charge
72.3participating political subdivisions and public entities fees for reasonable administrative
72.4costs. The amount of any fees charged by the Public Employees Retirement Association
72.5is appropriated to the association from the account. A trust administrator may establish
72.6other reasonable terms and conditions for creation and maintenance of these accounts.
72.7The trust administrator must report electronically to the state auditor the portfolio and
72.8performance information specified in section 356.219, subdivision 3, in the manner
72.9prescribed by the state auditor.
72.10 Subd. 5. Investment. (a) The assets of a trust or trust account shall be invested and
72.11held as stipulated in paragraphs (b) to (e).
72.12 (b) The Public Employees Retirement Association must certify all money in the trust
72.13accounts for which it is trust administrator to the State Board of Investment for investment
72.14under section 11A.14, subject to the policies and procedures established by the State
72.15Board of Investment. Investment earnings must be credited to the trust account of the
72.16individual political subdivision or public entity.
72.17 (c) A trust administrator, other than the Public Employees Retirement Association,
72.18must ensure that all money in the trust accounts for which it is trust administrator is
72.19invested by a registered investment adviser, a bank investment trust department, or an
72.20insurance company or agency retirement investment department. Investment earnings
72.21must be credited to the trust account of the individual political subdivision or public entity.
72.22 (d) For trust assets invested by the State Board of Investment, the investment
72.23restrictions shall be the same as those generally applicable to the State Board of
72.24Investment. For trust assets invested by a trust administrator other than the Public
72.25Employees Retirement Association, the assets may only be invested in investments
72.26authorized under chapter 118A or section 356A.06, subdivision 7, in the manner specified
72.27in the applicable trust document.
72.28 (e) A political subdivision or public entity may provide investment direction to a
72.29trust administrator in compliance with any applicable trust document.
72.30 Subd. 6. Limit on deposit. A political subdivision or public entity may not
72.31deposit money in a trust or trust account created pursuant to this section if the total
72.32amount invested by that political subdivision or public entity would exceed the political
72.33subdivision's or public entity's actuarially determined liabilities for postemployment
72.34benefits due to officers and employees, as determined under the applicable standards of the
72.35Governmental Accounting Standards Board.
73.1 Subd. 7. Withdrawal of funds and termination of account. (a) For a revocable
73.2account, a political subdivision or public entity may withdraw some or all of its money
73.3or terminate the trust account for any reason. Money and accrued investment earnings
73.4withdrawn from a revocable account must be deposited in a fund separate and distinct from
73.5any other funds of the political subdivision or public entity. This money, with accrued
73.6investment earnings, must be used to pay legally enforceable postemployment benefits
73.7to former officers and employees, unless (i) there has been a change in state or federal
73.8law affecting that political subdivision's or public entity's liabilities for postemployment
73.9benefits, or (ii) there has been a change in the demographic composition of that political
73.10subdivision's or public entity's employees eligible for postemployment benefits, or (iii)
73.11there has been a change in the provisions or terms of the postemployment benefits in that
73.12political subdivision or public entity including, but not limited to, the portion of the costs
73.13eligible employees must pay to receive the benefits, or (iv) other factors exist that have
73.14a material effect on that political subdivision's or public entity's actuarially determined
73.15liabilities for postemployment benefits, in which event any amount in excess of 100
73.16percent of that political subdivision's or public entity's actuarially determined liabilities for
73.17postemployment benefits, as determined under standards of the Government Accounting
73.18Standards Board, may be withdrawn and used for any purpose.
73.19 (b) For an irrevocable account, a political subdivision or public entity may withdraw
73.20money only:
73.21 (1) as needed to pay postemployment benefits owed to former officers and employees
73.22of the political subdivision or public entity; or
73.23 (2) when all postemployment benefit liability owed to former officers or employees
73.24of the political subdivision or public entity has been satisfied or otherwise defeased.
73.25 (c) A political subdivision or public entity requesting withdrawal of money from
73.26an account created under this section must do so at a time and in the manner required by
73.27the executive director of the Public Employees Retirement Association or specified in an
73.28applicable trust document. The political subdivision or public entity that created the trust
73.29must ensure that withdrawals comply with the requirements of this section.
73.30 (d) The legislature may not divert funds in these trusts or trust accounts for use for
73.31any other purpose.
73.32 Subd. 8. Status of irrevocable trust. (a) All money in an irrevocable trust or
73.33trust account created in this section is held in trust for the exclusive benefit of former
73.34officers and employees of the participating political subdivision or public entity, and are
73.35not subject to claims by creditors of the state, the participating political subdivision or
74.1public entity, the current or former officers and employees of the political subdivision
74.2or public entity, or the trust administrator.
74.3 (b) An irrevocable trust fund or trust account created in this section shall be deemed
74.4an arrangement equivalent to a trust for all legal purposes.
74.5EFFECTIVE DATE.This section is effective the day following final enactment,
74.6and is applicable immediately to all political subdivisions or public entities subject to
74.7Statement No. 45 of the Governmental Accounting Standards Board in 2007, to those
74.8political subdivisions or public entities whose trusts or trust accounts are validated
74.9by section 113, and to those political subdivisions or public entities that have begun
74.10consideration of measures to implement Statement No. 45 in 2007. This section is
74.11applicable on July 1, 2008, for all other political subdivisions or public entities.
74.12 Sec. 104. Minnesota Statutes 2006, section 473.246, is amended to read:
74.13473.246 COUNCIL'S SUBMISSIONS TOLEGISLATIVE COMMISSION
74.14LEGISLATURE.
74.15 The Metropolitan Council shall submit to theLegislative Commission on
74.16Metropolitan Government chairs of the legislative committees with jurisdiction over
74.17metropolitan affairs information on the council's tax rates and dollar amounts levied for
74.18the current year, proposed property tax rates and levies, operating and capital budgets,
74.19work program, capital improvement program, and any other information requested by the
74.20commission, for review by the legislative commission, as provided in section
3.8841
74.21relevant committees.
74.22EFFECTIVE DATE.This section is effective the day following final enactment.
74.23 Sec. 105. Minnesota Statutes 2006, section 477A.014, subdivision 4, is amended to
74.24read:
74.25 Subd. 4. Costs. The director of the Office of Strategic and Long-Range Planning
74.26shall annually bill the commissioner of revenue for one-half of the costs incurred by the
74.27state demographer in the preparation of materials required by section4A.02 . The state
74.28auditor shall bill the commissioner of revenue for the costs of best practices reviews
74.29and the services provided by the Government Information Division and the parts of the
74.30constitutional office that are related to the government information function, and for
74.31the services provided by the Tax Increment Financing Investment and Finance Division
74.32required by section 469.3201, not to exceed$217,000 $614,000 each fiscal year. The
74.33commissioner of administration shall bill the commissioner of revenue for the costs of
75.1the local government records program and the intergovernmental information systems
75.2activity, not to exceed $205,800 each fiscal year. The commissioner of employee relations
75.3shall bill the commissioner of revenue for the costs of administering the local government
75.4pay equity function, not to exceed $55,000 each fiscal year.
75.5 Sec. 106. Minnesota Statutes 2006, section 491A.02, subdivision 4, is amended to read:
75.6 Subd. 4. Representation. (a) A corporation, partnership, limited liability company,
75.7sole proprietorship, or association may be represented in conciliation court by an officer,
75.8manager, or partner or an agent in the case of a condominium, cooperative, or townhouse
75.9association, or may appoint a natural person who is an employee or commercial property
75.10manager to appear on its behalf or settle a claim in conciliation court. The state or a
75.11political subdivision of the state may be represented in conciliation court by an employee
75.12of the pertinent governmental unit without a written authorization. The state also may be
75.13represented in conciliation court by an employee of the Division of Risk Management of
75.14the Department of Administration without a written authorization. Representation under
75.15this subdivision does not constitute the practice of law for purposes of section481.02,
75.16subdivision 8 . In the case of an officer, employee, commercial property manager, or
75.17agent of a condominium, cooperative, or townhouse association, an authorized power
75.18of attorney, corporate authorization resolution, corporate bylaw, or other evidence of
75.19authority acceptable to the court must be filed with the claim or presented at the hearing.
75.20This subdivision also applies to appearances in district court by a corporation or limited
75.21liability company with five or fewer shareholders or members and to any condominium,
75.22cooperative, or townhouse association, if the action was removed from conciliation court.
75.23 (b) "Commercial property manager" means a corporation, partnership, or limited
75.24liability company or its employees who are hired by the owner of commercial real
75.25estate to perform a broad range of administrative duties at the property including tenant
75.26relations matters, leasing, repairs, maintenance, the negotiation and resolution of tenant
75.27disputes, and related matters. In order to appear in conciliation court, a property manager's
75.28employees must possess a real estate license under section82.20 and be authorized by the
75.29owner of the property to settle all disputes with tenants and others within the jurisdictional
75.30limits of conciliation court.
75.31 (c) A commercial property manager who is appointed to settle a claim in conciliation
75.32court may not charge or collect a separate fee for services rendered under paragraph (a).
75.33 Sec. 107. Minnesota Statutes 2006, section 507.24, subdivision 2, is amended to read:
76.1 Subd. 2. Original signatures required. (a) Unless otherwise provided by law, an
76.2instrument affecting real estate that is to be recorded as provided in this section or other
76.3applicable law must contain the original signatures of the parties who execute it and of the
76.4notary public or other officer taking an acknowledgment. However, a financing statement
76.5that is recorded as a filing pursuant to section336.9-502(b) need not contain: (1) the
76.6signatures of the debtor or the secured party; or (2) an acknowledgment.
76.7 (b)(1) Any electronic instruments, including signatures and seals, affecting real
76.8estate may only be recorded as part of a pilot project for the electronic filing of real
76.9estate documents implemented by the task force created in Laws 2000, chapter 391, or
76.10by the Electronic Real Estate Recording Task Force created under section507.094 . The
76.11Electronic Real Estate Recording Task Force created under section 507.094 may amend
76.12standards set by the task force created in Laws 2000, chapter 391, and may set new or
76.13additional standards and establish pilot projects to the full extent permitted in section
76.14507.094, subdivision 2, paragraph (b). Documents recorded in conformity with those
76.15standards and in those pilot projects are deemed to meet the requirements of this section.
76.16 (2)(i) A county that participated in the pilot project for the electronic filing of real
76.17estate documents under the task force created in Laws 2000, chapter 391, may continue to
76.18record or file documents electronically, if:
76.19(1) (A) the county complies with standards adopted by the task force; and
76.20(2) (B) the county uses software that was validated by the task force.
76.21 (ii) A county that did not participate in the pilot project may record or file a real
76.22estate document electronically, if:
76.23(i) (A) the document to be recorded or filed is of a type included in the pilot project
76.24for the electronic filing of real estate documents under the task force created in Laws
76.252000, chapter 391;
76.26(ii) (B) the county complies with the standards adopted by the task force;
76.27(iii) (C) the county uses software that was validated by the task force; and
76.28(iv) (D) the task force created under section
507.094 , votes to accept a written
76.29certification of compliance with paragraph (b), clause (2), of this section by the county
76.30board and county recorder of the county to implement electronic filing under this section.
76.31 (c) Notices filed pursuant to section168A.141, subdivisions 1 and 3 , need not
76.32contain an acknowledgment.
76.33 Sec. 108. Laws 2006, chapter 253, section 22, subdivision 1, is amended to read:
76.34 Subdivision 1. Genetic information; work group. (a) The commissioner must
76.35create a work group to develop principles for public policy on the use of genetic
77.1information. The work group must include representatives of state government, including
77.2the judicial branch, local government, prosecutors, public defenders, the American Civil
77.3Liberties Union - Minnesota, the Citizens Council on Health Care, the University of
77.4Minnesota Center on Bioethics, the Minnesota Medical Association, the Mayo Clinic
77.5and Foundation, the March of Dimes, and representatives of employers, researchers,
77.6epidemiologists, laboratories, and insurance companies.
77.7 (b) The commissioner of administration and the work group must conduct reviews
77.8of the topics in paragraphs (c) to (f), in light of the issues raised in the report on treatment
77.9of genetic information under state law required by Laws 2005, chapter 163, section 87.
77.10The commissioner must report the results, including any recommendations for legislative
77.11changes, to the chairs of the house Civil Law Committee and the senate Judiciary
77.12Committee and the ranking minority members of those committees by January 15,2008
77.132009.
77.14 (c) The commissioner and the work group must determine whether changes are
77.15needed in Minnesota Statutes, section144.69 , dealing with collection of information
77.16from cancer patients and their relatives.
77.17 (d) The commissioner and the work group must make recommendations whether
77.18all relatives affected by a formal three-generation pedigree created by the Department of
77.19Health should be able to access the entire data set, rather than only allowing individuals
77.20access to the data of which they are the subject.
77.21 (e) The commissioner and the work group must identify, and may make
77.22recommendations among, options for resolving questions of secondary uses of genetic
77.23information.
77.24 (f) The commissioner and the work group must make recommendations whether
77.25legislative changes are needed regarding access to DNA test results and the specimens
77.26used to create the test results held by the Bureau of Criminal Apprehension as part of
77.27a criminal investigation.
77.28 Sec. 109. Laws 2006, chapter 258, section 14, subdivision 6, is amended to read:
77.30For predesign and design of a new facility
77.31for the Starbase Minnesota program, subject
77.32to Minnesota Statutes, section
16A.695
77.33appropriation is from the general fund.
77.34EFFECTIVE DATE.This section is effective the day following final enactment.
78.1 Sec. 110. BOND SALE AUTHORIZATION REDUCED.
78.2 The bond sale authorization in Laws 2006, chapter 258, section 25, subdivision 1,
78.3is reduced by $150,000.
78.4EFFECTIVE DATE.This section is effective the day following final enactment.
78.5 Sec. 111. FORD BUILDING.
78.6 The Ford Building at 117 University Avenue in St. Paul may not be demolished
78.7during the biennium ending June 30, 2009.
78.8 Sec. 112. TASK FORCE.
78.9 Subdivision 1. Creation. A task force is created to work with the Commissioner of
78.10Administration on a disparity study. The task force consists of one member appointed by
78.11and serving at the pleasure of each of the following groups:
78.12 (1) the Council on Asian-Pacific Minnesotans;
78.13 (2) the Council on Black Minnesotans;
78.14 (3) the Council on Affairs of Chicano/Latino people;
78.15 (4) the Indian Affairs Council;
78.16 (5) the Association of Women Contractors; and
78.17 (6) the National Association of Minority Contractors.
78.18 Subd. 2. Consultation and approval. (a) The commissioner must consult with
78.19the task force on the design of the disparity study, the nature of the services sought in a
78.20request for proposals for the study, the criteria that the commissioner will use to evaluate
78.21and select a contractor, and selection of the contractor.
78.22 (b) The commissioner must consult with the task force regarding the commissioner's
78.23interpretation of data obtained through the study, and on the commissioner's
78.24recommendations for any changes in the targeted group purchasing program resulting from
78.25the study. The task force may make its own recommendations before the commissioner
78.26presents the recommendations in a final report. If the commissioner's recommendations
78.27are different from the task force recommendations, the commissioner's report must note
78.28the differences.
78.29 Subd. 3. Support services. The commissioner must provide meeting space and
78.30administrative support to the task force.
78.31 Subd. 4. Expiration. The task force expires at the end of the regular session of the
78.32legislature at which the commissioner presents the results of the targeted group business
78.33disparity study to the legislature.
79.1 Sec. 113. VALIDATION.
79.2 Any trust or trust account or other custodial account or contract authorized under
79.3section 401(f) of the Internal Revenue Code, created prior to June 6, 2006, to pay
79.4postemployment benefits to employees or officers after termination of service, is hereby
79.5validated, may continue in full force and effect, and shall have continuing authority
79.6to accept new funds; however, this section does not validate or correct defects in any
79.7previously created trust document. Any funds held by a validated trust or account
79.8under this section may be invested as provided in Minnesota Statutes, section 471.6175,
79.9subdivision 5. A validated trust or account shall have until January 1, 2008, to bring
79.10its trust documents and procedures into compliance with Minnesota Statutes, section
79.11471.6175.
79.12EFFECTIVE DATE.This section is effective the day following final enactment.
79.13 Sec. 114. REPORT; ACCOUNTING PRINCIPLES.
79.14 By October 15, 2007, the commissioner of finance must provide a report listing
79.15specific areas where state budgeting practices differ from generally accepted accounting
79.16principles and the reasons for those differences. If that difference is a result of direction in
79.17law, the report must include the law causing the difference.
79.18 Sec. 115. BUILDING REPLACEMENT FUNDS.
79.19 In addition to the requirements in Laws 2002, chapter 400, section 13, subdivision 7,
79.20the commissioner of administration shall collect appropriate rent revenues for the Elmer L.
79.21Andersen and Orville L. Freeman buildings to be set aside in a segregated special revenue
79.22fund for deferred maintenance and other extraordinary building repairs. Funds shall be
79.23expended for these purposes as determined by the commissioner.
79.24EFFECTIVE DATE.This section is effective the day following final enactment.
79.25 Sec. 116. COMPENSATION FOR PERIOD OF PARTIAL GOVERNMENT
79.26SHUTDOWN.
79.27 Subdivision 1. Definitions; coverage. For purposes of this section:
79.28 (1) "employee" means a state employee, as defined in Minnesota Statutes, section
79.2943A.02, subdivision 21, who is a state employee on the effective date of this section and
79.30who the commissioner determines was prevented from working because of the partial
79.31government shutdown; and
80.1 (2) "partial government shutdown" means the period from July 1, 2005, through July
80.214, 2005, during which appropriations needed to fund certain state government functions
80.3had not been enacted.
80.4 Subd. 2. Credit for uncompensated hours. A state employee who was previously
80.5compensated in cash or by a credit to the employee's vacation bank for hours the employee
80.6could not work due to the partial government shutdown, must:
80.7 (1) be paid an additional amount equal to the previous payment, if the previous
80.8payment was made in cash; or
80.9 (2) have hours credited to the employee's vacation bank in the same amount as
80.10the previous credit.
80.11EFFECTIVE DATE.This section is effective the day following final enactment.
80.12The commissioner must make payments or credits required by this section within 30
80.13days of the effective date of this section.
80.14 Sec. 117. ELECTRONIC DOCUMENTS STUDY AND REPORT.
80.15 Subdivision 1. Study. The chief information officer of the state shall study
80.16how electronic documents and the mechanisms and processes for accessing and
80.17reading electronic data can be created, maintained, exchanged, and preserved by the
80.18state in a manner that encourages appropriate government control, access, choice,
80.19and interoperability. The study must consider, but not be limited to, the policies of
80.20other states and nations, management guidelines for state archives as they pertain to
80.21electronic documents, public access, expected storage life of electronic documents, costs
80.22of implementation, and savings. The chief information officer shall solicit comments
80.23regarding the creation, maintenance, exchange, and preservation of electronic documents
80.24by the state from stakeholders, including but not limited to the legislative auditor,
80.25the attorney general, the state archivist, the state legislative reference librarian, other
80.26librarians, representatives of the state historical society, and other historians. The chief
80.27information officer shall also solicit comments from members of the public.
80.28 Subd. 2. Report and recommendation. The chief information officer shall
80.29report the officer's findings and recommendations to the chairs of the senate State
80.30and Local Government Operations and Oversight Committee; house Government
80.31Operations, Reform, Technology and Elections Committee; and the senate and house State
80.32Government Finance Divisions by January 15, 2008.
80.33 Sec. 118. LABOR AGREEMENTS AND COMPENSATION PLANS.
81.1 Subdivision 1. Minnesota Law Enforcement Association. The labor agreement
81.2between the state of Minnesota and the Minnesota Law Enforcement Association,
81.3approved by the Legislative Coordinating Commission Subcommittee on Employee
81.4Relations on August 7, 2006, is ratified.
81.5 Subd. 2. Minnesota Nurses Association. The labor agreement between the
81.6state of Minnesota and the Minnesota Nurses Association, approved by the Legislative
81.7Coordinating Commission Subcommittee on Employee Relations on September 18, 2006,
81.8is ratified.
81.9 Subd. 3. Office of Higher Education. The amendments to the compensation
81.10plan for unrepresented employees of the Office of Higher Education, approved by
81.11the Legislative Coordinating Commission Subcommittee on Employee Relations on
81.12September 18, 2006, are ratified.
81.13 Subd. 4. Gambling Control Board. The proposal to increase the salary of the
81.14director of the Gambling Control Board, as approved by the Legislative Coordinating
81.15Commission Subcommittee on Employee Relations on August 7, 2006, is ratified.
81.16 Subd. 5. Public Employees Retirement Association. The proposal to increase
81.17the salary of the director of the Public Employees Retirement Association, as approved
81.18by the Legislative Coordinating Commission Subcommittee on Employee Relations on
81.19March 27, 2007, is ratified.
81.20 Subd. 6. Minnesota State Retirement System. The proposal to increase the
81.21salary of the director of the Minnesota State Retirement System, as approved by the
81.22Legislative Coordinating Commission Subcommittee on Employee Relations on March
81.2327, 2007, is ratified.
81.24 Subd. 7. Teachers Retirement Association. The proposal to increase the salary
81.25of the director of the Teachers Retirement Association, as approved by the Legislative
81.26Coordinating Commission Subcommittee on Employee Relations on March 27, 2007,
81.27is ratified.
81.28EFFECTIVE DATE.This section is effective the day following final enactment.
81.29 Sec. 119. STATE EMPLOYEES ELECTRONIC HEALTH RECORDS PILOT
81.30PROJECT.
81.31 Subdivision 1. Project established. The Minnesota State Colleges and Universities
81.32Board of Trustees (MnSCU), in collaboration with the commissioner of employee relations
81.33shall establish an enterprise-wide pilot project to provide consumer-owned electronic
81.34personal health records to MnSCU employees and all participants in the state employee
81.35group insurance program. If the Department of Employee Relations is abolished, then the
82.1Minnesota State Colleges and Universities Board of Trustees shall work in collaboration
82.2with the commissioner of the department responsible for administration of the state
82.3employee group insurance program.
82.4 Subd. 2. Project goals. The goal of the project is to provide consumer-owned
82.5electronic personal health records that are portable among health care providers, health
82.6plan companies, and employers in order to control costs, improve quality, and enhance
82.7safety, and to demonstrate the feasibility of a statewide health information exchange.
82.8The pilot project shall coordinate to the extent possible with other health information
82.9consumer engagement initiatives in Minnesota designed to support the goal of statewide
82.10health information exchange. The electronic personal health records may provide, but
82.11are not limited to, the following:
82.12 (1) access to electronic medical records;
82.13 (2) prescription and appointment information;
82.14 (3) information regarding health education, public health, and health cost
82.15management; and
82.16 (4) privacy, security, and HIPAA compliance.
82.17 Sec. 120. VALUE-ADDED CONTRACT AUTHORITY.
82.18 (a) The director of the Office of Enterprise Technology, with approval of
82.19the commissioner of finance, may enter into contracts for: (1) development and
82.20implementation of an electronic system for executive branch state agencies to issue
82.21licenses; and (2) development and implementation of an integrated system to support
82.22tax processing, reporting, and enforcement functions. The director must use funds
82.23appropriated by this act for these purposes. In addition, the director may enter into
82.24contracts for these purposes under which the vendor initially pays all or part of the costs,
82.25and the state accounting system does not show an encumbrance for some or all of the
82.26contract liability when the director initially enters into the contracts.
82.27 (b) Before entering into a contract authorized by this section, the director must
82.28prepare, and the commissioner of finance must approve, a plan for how payments will be
82.29made to the vendors under the contracts. If the contracts will involve performance-based
82.30payments to the vendor, the plan must describe the criteria for making those payments. If
82.31the director intends to pay for all or part of the contract from savings generated, the plan
82.32must describe what savings are anticipated, and how the savings will be captured so as to
82.33be available to make payments under the contract. The plan must explain how the total
82.34contract costs relate to the costs anticipated in the governor's budget recommendations
82.35presented to the legislature in 2007.
83.1 (c) The director must present the plan required by paragraph (b) to the chairs of the
83.2house Ways and Means and Finance Committees and the senate Finance Committee when
83.3the director submits the plan to the commissioner of finance for approval. The director
83.4must notify these chairs when the commissioner of finance has approved the plan. This
83.5notice must include any changes from the original plan.
83.6 (d) The director must report to the chairs of the house Ways and Means and Finance
83.7Committees and the senate Finance Committee by January 15 each of the next five years
83.8after entering into a contract authorized under this section. The report must include a
83.9detailed breakdown of how and by whom the contract costs are being paid, and on the cost
83.10savings and service improvements achieved as a result of the contract.
83.11 Sec. 121. PRE-1969 TRA MEMBER GRATUITY PAYMENT.
83.12 (a) $4,100,000 is appropriated to the executive director of the Teachers Retirement
83.13Association for the payment of a gratuity to persons who were teachers as defined in
83.14Minnesota Statutes, section 354.05, subdivision 2, and who rendered teaching service as
83.15defined in Minnesota Statutes, section 354.05, subdivision 3, either during the 1968-1969
83.16school year, but were not covered by the improved money purchase program savings
83.17clause in Minnesota Statutes, section 354.55, subdivision 17, or before the 1968-1969
83.18school year, did not take a refund of member contributions upon the termination of teacher
83.19service, and who were eligible to make an election under Minnesota Statutes 1971, section
83.20354.55, subdivision 8. The payment is intended to reflect the special contribution of
83.21these persons to education and to offset any unfulfilled expectation the person may have
83.22as to potential benefit levels. The gratuity payment amount for each person is $1,000 or
83.23a prorated portion of that amount if, at any time, the executive director of the Teachers
83.24Retirement Association determines that payment of the full amount to the remaining
83.25participants would likely exceed the appropriation.
83.26 (b) The Teachers Retirement Association shall make available to persons eligible to
83.27receive a payment under this section on or before August 1, 2007, an application form.
83.28Filing an application form is a waiver of any legal, equitable, or legislative claim for any
83.29other special consideration and the form must indicate the waiver.
83.30 (c) On August 1, 2007, the Teachers Retirement Association shall determine those
83.31remaining persons who are eligible to receive a payment under this section and who have
83.32not applied for a payment and send to each remaining person, at the person's residence
83.33of record, a state warrant of the full or a prorated payment amount. If the recipient
83.34negotiates the state warrant, that negotiation constitutes a waiver of any legal, equitable,
83.35or legislative claim for any other special consideration as documentation accompanying
84.1the warrant must indicate the waiver. Any warrant under this section expires on August
84.21, 2009, and the amount of any unnegotiated state warrant under this section cancels
84.3to the Teachers Retirement Association.
84.4 Sec. 122. CERTIFICATE OF COMPLIANCE; TEMPORARY PROVISION.
84.5 Subdivision 1. Pay equity. Until July 1, 2008, a business that is not in compliance
84.6with equitable compensation relationship standards under Minnesota Statutes, section
84.743A.50, is making a good faith effort to achieve compliance if the commissioner of
84.8employee relations has approved:
84.9 (1) a statement of the business's intention to prepare a pay equity report and an
84.10estimated date no later than July 1, 2008, when the report and plan will be submitted; and
84.11 (2) information on the business's current status, including a statement on the
84.12existence of a company-wide job evaluation system, the total number of male and female
84.13employees of the business, and the business's interest in receiving training on how to
84.14establish equitable compensation relationships.
84.15 Subd. 2. Report. The commissioner of employee relations shall report to the
84.16legislature by January 31, 2008, on implementation of this section. The report must
84.17include findings and recommendations on any changes needed to ensure that state
84.18contractors achieve equitable compensation relationships.
84.19 Sec. 123. SUSTAINABLE GROWTH WORKING GROUP.
84.20 Subdivision 1. Creation. The sustainable growth working group consists of the
84.21following members:
84.22 (1) two senators, including one member of the minority caucus, appointed by the
84.23Subcommittee on Committees of the Committee on Rules and Administration;
84.24 (2) two members of the house of representatives, one appointed by the speaker
84.25and one appointed by the minority leader;
84.26 (3) commissioners of the following agencies, or their designees: Department of
84.27Natural Resources, Department of Administration, Department of Agriculture, Department
84.28of Commerce, Department of Transportation, Department of Employment and Economic
84.29Development, Minnesota Housing Finance Agency, and the Minnesota Pollution Control
84.30Agency; and the chair of the Metropolitan Council or the chair's designee;
84.31 (4) up to 12 public members who have an interest in promoting sustainable
84.32communities in Minnesota, including up to six public members appointed by the speaker
84.33of the house of representatives and up to six public members appointed by the majority
84.34leader of the senate. The appointing authorities must use their best efforts to include at
85.1least one representative from each of the following sectors: business, environmental,
85.2energy, affordable housing, transportation, local government, planning, and philanthropic.
85.3 The membership of the working group must include balanced representation from
85.4rural, urban, and suburban areas of the state.
85.5 Subd. 2. Duties. The working group must identify strategies, recommendations, and
85.6a process for implementing state-level coordination of state and local policies, programs,
85.7and regulations in the areas of housing, transportation, natural resource preservation,
85.8capital development, economic development, sustainability, and preservation of the
85.9environment. The working group must identify sustainable development principles that
85.10will guide decision making in Minnesota. The working group must gather information
85.11and develop strategies relative to the strategic use of state resources, to be consistent with
85.12statewide goals of sustainable development. The working group must report proposed
85.13strategies, recommendations, and a process for implementation to the legislature and the
85.14governor by February 1, 2008. In its report to the legislature and the governor, the working
85.15group must identify its source of funding.
85.16 Subd. 3. Administrative provisions. (a) The commissioner of administration
85.17must convene the initial meeting. Upon request of the working group, the commissioner
85.18must provide meeting space and administrative services for the group. The Office of
85.19Geographic and Demographic Analysis must provide staff support for the working group.
85.20The members of the working group must elect a chair.
85.21 (b) Members of the working group serve without compensation but may be
85.22reimbursed for expenses under Minnesota Statutes, section 15.059.
85.23 (c) The working group expires June 30, 2008.
85.24 (d) The working group may accept gifts and grants, which are accepted on behalf
85.25of the state and constitute donations to the state. Funds received are appropriated to the
85.26commissioner of administration for purposes of the working group.
85.27 Sec. 124. ASSISTANCE.
85.28 House and senate staff must assist the Legislative Coordinating Commission with
85.29new duties assigned to the commission by this act.
85.30 Sec. 125. TRAINING SERVICES.
85.31 During the biennium ending June 30, 2009, state executive branch agencies must
85.32consider using services provided by government training services before contracting with
85.33other outside vendors for similar services.
86.1 Sec. 126. REPEALER.
86.2Minnesota Statutes 2006, sections 3.884; 3.8841; 6.56, subdivision 1; 16A.102;
86.316C.055, subdivision 1; 16C.08, subdivision 4a; 69.051, subdivision 1c; 359.085,
86.4subdivision 8; and 645.44, subdivision 19, are repealed.
86.7 Section 1. Minnesota Statutes 2006, section 16C.02, is amended by adding a
86.8subdivision to read:
86.9 Subd. 4a. Best value; construction. For purposes of construction, building,
86.10alteration, improvement, or repair services, "best value" describes the result determined by
86.11a procurement method that considers price and performance criteria, which may include,
86.12but are not limited to:
86.13 (1) the quality of the vendor's or contractor's performance on previous projects;
86.14 (2) the timeliness of the vendor's or contractor's performance on previous projects;
86.15 (3) the level of customer satisfaction with the vendor's or contractor's performance
86.16on previous projects;
86.17 (4) the vendor's or contractor's record of performing previous projects on budget and
86.18ability to minimize cost overruns;
86.19 (5) the vendor's or contractor's ability to minimize change orders;
86.20 (6) the vendor's or contractor's ability to prepare appropriate project plans;
86.21 (7) the vendor's or contractor's technical capacities;
86.22 (8) the individual qualifications of the contractor's key personnel; or
86.23 (9) the vendor's or contractor's ability to assess and minimize risks.
86.24 "Performance on previous projects" does not include the exercise or assertion of a
86.25person's legal rights. This definition does not apply to sections 16C.32, 16C.33, 16C.34,
86.26and 16C.35.
86.27 Sec. 2. Minnesota Statutes 2006, section 16C.02, is amended by adding a subdivision
86.28to read:
86.29 Subd. 20. Vendor. "Vendor" means a business, including a construction contractor
86.30or a natural person, and includes both if the natural person is engaged in a business.
86.31 Sec. 3. Minnesota Statutes 2006, section 16C.03, subdivision 3, is amended to read:
86.32 Subd. 3. Acquisition authority. The commissioner shall acquire all goods, services,
86.33and utilities needed by agencies. The commissioner shall acquire goods, services, and
87.1utilities by requests for bids, requests for proposals, reverse auctions as provided in
87.2section16C.10, subdivision 7 , or other methods provided by law, unless a section of law
87.3requires a particular method of acquisition to be used. The commissioner shall make all
87.4decisions regarding acquisition activities. The determination of the acquisition method
87.5and all decisions involved in the acquisition process, unless otherwise provided for by
87.6law, shall be based on best value which includes an evaluation of price and may include
87.7other considerations including, but not limited to, environmental considerations, quality,
87.8and vendor performance. A best value determination must be based on the evaluation
87.9criteria detailed in the solicitation document. If criteria other than price are used, the
87.10solicitation document must state the relative importance of price and other factors.Unless
87.11it is determined by the commissioner that an alternative solicitation method provided by
87.12law should be used to determine best value, a request for bid must be used to solicit
87.13formal responses for all building and construction contracts. Any or all responses may
87.14be rejected. When using the request for bid process, the bid must be awarded to the
87.15lowest responsive and responsible bidder, taking into consideration conformity with
87.16the specifications, terms of delivery, the purpose for which the contract or purchase is
87.17intended, the status and capability of the vendor, and other considerations imposed in the
87.18request for bids. The commissioner may decide which is the lowest responsible bidder
87.19for all purchases and may use the principles of life-cycle costing, where appropriate, in
87.20determining the lowest overall bid. The duties set forth in this subdivision are subject to
87.21delegation pursuant to this section.
87.22 Sec. 4. Minnesota Statutes 2006, section 16C.03, is amended by adding a subdivision
87.23to read:
87.24 Subd. 3a. Acquisition authority; construction contracts. For all building and
87.25construction contracts, the commissioner shall award contracts pursuant to section 16C.28,
87.26and "best value" shall be defined and applied as set forth in sections 16C.02, subdivision
87.274a and 16C.28, subdivision 1, paragraph (a), clause (2). The duties set forth in this
87.28subdivision are subject to delegation pursuant to this section. The commissioner shall
87.29establish procedures for developing and awarding best value requests for proposals for
87.30construction projects. The criteria to be used to evaluate the proposals must be included in
87.31the solicitation document and must be evaluated in an open and competitive manner.
87.32 Sec. 5. Minnesota Statutes 2006, section 16C.03, is amended by adding a subdivision
87.33to read:
88.1 Subd. 18. Training. Users of best value procurement may be trained in the
88.2request for proposals process for best value contracting for construction projects.
88.3The commissioner may establish a training program for state and local officials and
88.4employees, and vendors and contractors, on best value procurement for construction
88.5projects, including those governed by section 16C.02, subdivision 4a. If the commissioner
88.6establishes such a training program, the state may charge a fee for providing training.
88.7 Sec. 6. Minnesota Statutes 2006, section 16C.26, is amended to read:
88.816C.26 COMPETITIVE BIDS OR PROPOSALS.
88.9 Subdivision 1. Application. Except as otherwise provided by sections 16C.10,
88.1016C.26
and
16C.27 , all contracts for building and construction or repairs must be based on
88.11competitive bids or proposals. "Competitive proposals" specifically refers to the method
88.12of procurement described in section 16C.28, subdivision 1, paragraph (a), clause (2).
88.13 Subd. 2. Requirement contracts. Standard requirement price contracts for building
88.14and construction must be established by competitive bids as provided in subdivision 1.
88.15The standard requirement price contracts may contain escalation clauses and may provide
88.16for a negotiated price increase or decrease based upon a demonstrable industrywide or
88.17regional increase or decrease in the vendor's costs or for the addition of similar products or
88.18replacement items not significant to the total value of existing contracts. The term of these
88.19contracts may not exceed five years including all extensions.
88.20 Subd. 3. Publication of notice; expenditures over $25,000. If the amount of an
88.21expenditure is estimated to exceed $25,000, bids or proposals must be solicited by public
88.22notice in a manner designated by the commissioner. To the extent practical, this must
88.23include posting on a state Web site. For expenditures over $50,000, when a call for bids is
88.24issued the commissioner shall solicit sealed bids by providing notices to all prospective
88.25bidders known to the commissioner by posting notice on a state Web site at least seven
88.26days before the final date of submitting bids. All bids over $50,000 must be sealed when
88.27they are received and must be opened in public at the hour stated in the notice. All
88.28proposals responsive to a request for proposals according to section 16C.28, subdivision 1,
88.29paragraph (a), clause (2), shall be submitted and evaluated in the manner described in the
88.30request for proposals, regardless of the dollar amount. All original bids and proposals and
88.31all documents pertaining to the award of a contract must be retained and made a part of a
88.32permanent file or record and remain open to public inspection.
88.33 Subd. 4. Building and construction contracts; $50,000 or less. An informal bid
88.34may be used for building, construction, and repair contracts that are estimated at less than
88.35$50,000. Informal bids must be authenticated by the bidder in a manner specified by the
89.1commissioner. Alternatively, a request for proposals may be issued according to section
89.216C.28, subdivision 1, paragraph (a), clause (2), for such contracts.
89.3 Subd. 5. Standard specifications, security. Contracts must be based on the
89.4standard specifications prescribed and enforced by the commissioner under this chapter,
89.5unless otherwise expressly provided or as authorized under section 16C.28, subdivision 1,
89.6paragraph (a), clause (2). Eachbidder for a contract vendor or contractor must furnish
89.7security approved by the commissioner to ensure the making of the contract being bid for.
89.8 Subd. 6. Noncompetitive bids. Agencies are encouraged to contract with small
89.9targeted group businesses designated under section16C.16 when entering into contracts
89.10that are not subject to competitive bidding procedures.
89.11 Sec. 7. Minnesota Statutes 2006, section 16C.27, subdivision 1, is amended to read:
89.12 Subdivision 1. Single source of supply. Competitive biddingis or proposals are not
89.13required for contracts clearly and legitimately limited to a single source of supply, and the
89.14contract price may be best established by direct negotiation.
89.15 Sec. 8. Minnesota Statutes 2006, section 16C.28, is amended to read:
89.1616C.28 CONTRACTS; AWARD.
89.17 Subdivision 1.Lowest responsible bidder Award requirements. (a) All state
89.18building and construction contracts entered into by or under the supervision of the
89.19commissioner or an agency for which competitive bids or proposals are requiredmust
89.20be awarded to the lowest responsible bidder, taking into consideration conformity with
89.21the specifications, terms of delivery, the purpose for which the contract is intended, the
89.22status and capability of the vendor, and other considerations imposed in the call for bids.
89.23The commissioner may decide which is the lowest responsible bidder for all contracts
89.24and may use the principles of life cycle costing, where appropriate, in determining the
89.25lowest overall bid. The head of the interested agency shall make the decision, subject
89.26to the approval of the commissioner. Any or all bids may be rejected. In a case where
89.27competitive bids are required and where all bids are rejected, new bids, if solicited, must
89.28be called for as in the first instance, unless otherwise provided by law. may be awarded to
89.29either of the following:
89.30 (1) the lowest responsible bidder, taking into consideration conformity with the
89.31specifications, terms of delivery, the purpose for which the contract is intended, the status
89.32and capability of the vendor or contractor, other considerations imposed in the call for
89.33bids, and, where appropriate, principles of life-cycle costing; or
90.1 (2) the vendor or contractor offering the best value, taking into account the
90.2specifications of the request for proposals, the price and performance criteria as set forth
90.3in section 16C.02, subdivision 4a, and described in the solicitation document.
90.4 (b) The vendor or contractor must secure bonding, commercial general insurance
90.5coverage, and workers' compensation insurance coverage under paragraph (a), clause
90.6(1) or (2). The commissioner shall determine whether to use the procurement process
90.7described in paragraph (a), clause (1), or the procurement process described in paragraph
90.8(a), clause (2). If the commissioner uses the method in paragraph (a), clause (2), the head
90.9of the agency shall determine which vendor or contractor offers the best value, subject to
90.10the approval of the commissioner. Any or all bids or proposals may be rejected.
90.11 Subd. 1a. Establishment and purpose. (a) The state recognizes the importance of
90.12the inclusion of a best value contracting system for construction as an alternative to the
90.13current low-bid system of procurement. In order to accomplish that goal, state and local
90.14governmental entities shall be able to choose the best value system in different phases.
90.15 (b) "Best value" means the procurement method defined in section 16C.02,
90.16subdivision 4a.
90.17 (c) The following entities are eligible to participate:
90.18 (1) phase I: state agencies, counties, cities, and school districts with the highest 25
90.19percent enrollment of students in the state, beginning on the effective date of this section;
90.20 (2) phase II: those entities included in phase I, counties with populations over
90.21100,000, and school districts with the highest 50 percent enrollment of students in the
90.22state, beginning two years from the effective date of this section; and
90.23 (3) phase III: all entities included in phases I and II, and all other counties, towns,
90.24school districts, and political subdivisions in the state, beginning three years from the
90.25effective date of this section.
90.26 (d) The commissioner or any agency for which competitive bids or proposals are
90.27required may not use best value contracting as defined in section 16C.02, subdivision 4a,
90.28for more than one project annually, or 20 percent of its projects, whichever is greater, in
90.29each of the first three fiscal years in which best value construction contracting is used.
90.30 Subd. 2. Alterations and erasures. A bid containing an alteration or erasure of
90.31any price contained in the bid which is used in determining the lowest responsible bid
90.32must be rejected unless the alteration or erasure is corrected in a manner that is clear and
90.33authenticated by an authorized representative of the responder. An alteration or erasure
90.34may be crossed out and the correction printed in ink or typewritten adjacent to it and
90.35initialed by an authorized representative of the responder.
91.1 Subd. 3. Special circumstances. The commissioner may reject the bid or proposal
91.2of anybidder vendor or contractor who has failed to perform a previous contract with
91.3the state. In the case of identical low bids from two or more bidders, the commissioner
91.4may use negotiated procurement methods with the tied low bidders for that particular
91.5transaction so long as the price paid does not exceed the low tied bid price. The
91.6commissioner may award contracts to more than onebidder vendor or contractor in
91.7accordance with subdivision 1, if doing so does not decrease the service level or diminish
91.8the effect of competition.
91.9 Subd. 4. Record. A record must be kept of all bids or proposals, including names of
91.10bidders, amounts of bids or proposals, and each successful bid or proposal. This record is
91.11open to public inspection, subject to section 13.591 and other applicable law.
91.12 Subd. 5. Preferences not cumulative. The preferences under sections16B.121 ,
91.1316C.06, subdivision 7
, and
16C.16 apply, but are not cumulative. The total percentage
91.14of preference granted on a contract may not exceed the highest percentage of preference
91.15allowed for that contract under any one of those sections.
91.16 Sec. 9. Minnesota Statutes 2006, section 103D.811, subdivision 3, is amended to read:
91.17 Subd. 3. Awarding of contract. (a) At a time and place specified in the bid notice,
91.18the managers may accept or reject any or all bids and may award the contract to the lowest
91.19responsible bidder. The bidder to whom the contract is to be awarded must give a bond,
91.20with ample security, conditioned by satisfactory completion of the contract.
91.21 (b) Bids must not be considered which in the aggregate exceed by more than 30
91.22percent the total estimated cost of construction or implementation.
91.23 (c) As an alternative to the procurement method described in paragraph (a), the
91.24managers may issue a request for proposals and award the contract to the vendor or
91.25contractor offering the best value as described in section 16C.28, subdivision 1, paragraph
91.26(a), clause (2).
91.27 (d) The contract must be in writing and be accompanied by or refer to the plans and
91.28specifications for the work to be done as prepared by the engineer for the watershed
91.29district. The plans and specifications shall become a part of the contract.
91.30(d) (e) The contract shall be approved by the managers and signed by the president,
91.31secretary, and contractor.
91.32 Sec. 10. Minnesota Statutes 2006, section 103E.505, subdivision 5, is amended to read:
91.33 Subd. 5. How contract may be awarded. The contract may be awarded in one
91.34job, in sections, or separately for labor and material andmust may be let to the lowest
92.1responsible bidder. Alternatively, the contract may be awarded to the vendor or contractor
92.2offering the best value under a request for proposals as described in section 16C.28,
92.3subdivision 1, paragraph (a), clause (2).
92.4 Sec. 11. Minnesota Statutes 2006, section 116A.13, subdivision 5, is amended to read:
92.5 Subd. 5. How job may be let. The job may be let in one job, or in sections, or
92.6separately for labor and material, andshall may be let to the lowest responsible bidder or
92.7bidders therefor. Alternatively, the contract may be awarded to the vendor or contractor
92.8offering the best value under a request for proposals as described in section 16C.28,
92.9subdivision 1, paragraph (a), clause (2).
92.10 Sec. 12. Minnesota Statutes 2006, section 123B.52, subdivision 1, is amended to read:
92.11 Subdivision 1. Contracts. A contract for work or labor, or for the purchase of
92.12furniture, fixtures, or other property, except books registered under the copyright laws, or
92.13for the construction or repair of school houses, the estimated cost or value of which shall
92.14exceed that specified in section471.345, subdivision 3 , must not be made by the school
92.15board without first advertising for bids or proposals by two weeks' published notice in the
92.16official newspaper. This notice must state the time and place of receiving bids and contain
92.17a brief description of the subject matter.
92.18 Additional publication in the official newspaper or elsewhere may be made as the
92.19board shall deem necessary.
92.20 After taking into consideration conformity with the specifications, terms of delivery,
92.21and other conditions imposed in the call for bids, every such contract for which a call for
92.22bids has been issued must be awarded to the lowest responsible bidder, be duly executed
92.23in writing, and be otherwise conditioned as required by law. The person to whom the
92.24contract is awarded shall give a sufficient bond to the board for its faithful performance.
92.25Notwithstanding section574.26 or any other law to the contrary, on a contract limited
92.26to the purchase of a finished tangible product, a board may require, at its discretion, a
92.27performance bond of a contractor in the amount the board considers necessary. A record
92.28must be kept of all bids, with names of bidders and amount of bids, and with the successful
92.29bid indicated thereon. A bid containing an alteration or erasure of any price contained in
92.30the bid which is used in determining the lowest responsible bid must be rejected unless the
92.31alteration or erasure is corrected as provided in this section. An alteration or erasure may
92.32be crossed out and the correction thereof printed in ink or typewritten adjacent thereto and
92.33initialed in ink by the person signing the bid. In the case of identical low bids from two or
92.34more bidders, the board may, at its discretion, utilize negotiated procurement methods
93.1with the tied low bidders for that particular transaction, so long as the price paid does not
93.2exceed the low tied bid price. In the case where only a single bid is received, the board
93.3may, at its discretion, negotiate a mutually agreeable contract with the bidder so long as
93.4the price paid does not exceed the original bid. If no satisfactory bid is received, the
93.5board may readvertise. Standard requirement price contracts established for supplies or
93.6services to be purchased by the district must be established by competitive bids. Such
93.7standard requirement price contracts may contain escalation clauses and may provide for a
93.8negotiated price increase or decrease based upon a demonstrable industrywide or regional
93.9increase or decrease in the vendor's costs. Either party to the contract may request that the
93.10other party demonstrate such increase or decrease. The term of such contracts must not
93.11exceed two years with an option on the part of the district to renew for an additional two
93.12years. Contracts for the purchase of perishable food items, except milk for school lunches
93.13and vocational training programs, in any amount may be made by direct negotiation
93.14by obtaining two or more written quotations for the purchase or sale, when possible,
93.15without advertising for bids or otherwise complying with the requirements of this section
93.16or section471.345, subdivision 3 . All quotations obtained shall be kept on file for a
93.17period of at least one year after receipt.
93.18 Every contract made without compliance with the provisions of this section shall be
93.19void. Except in the case of the destruction of buildings or injury thereto, where the public
93.20interest would suffer by delay, contracts for repairs may be made without advertising
93.21for bids.
93.22 Sec. 13. Minnesota Statutes 2006, section 123B.52, is amended by adding a
93.23subdivision to read:
93.24 Subd. 1b. Best value alternative. As an alternative to the procurement method
93.25described in subdivision 1, a contract for construction, building, alteration, improvement,
93.26or repair work may be awarded to the vendor or contractor offering the best value
93.27under a request for proposals as described in section 16C.28, subdivision 1, paragraph
93.28(a), clause (2).
93.29 Sec. 14. Minnesota Statutes 2006, section 160.17, is amended by adding a subdivision
93.30to read:
93.31 Subd. 2a. Best value alternative. As an alternative to the procurement method
93.32referenced in subdivision 2, counties or towns may issue a request for proposal and award
93.33the contract to the vendor or contractor offering the best value as described in section
93.3416C.28, subdivision 1, paragraph (a), clause (2).
94.1 Sec. 15. Minnesota Statutes 2006, section 160.262, is amended by adding a subdivision
94.2to read:
94.3 Subd. 5. Best value alternative. As an alternative to the procurement method
94.4described in subdivision 4, the commissioner may allow for the award of design-build
94.5contracts for the projects described in subdivision 4 to the vendor or contractor offering
94.6the best value under a request for proposals as described in section 16C.28, subdivision 1,
94.7paragraph (a), clause (2).
94.8 Sec. 16. Minnesota Statutes 2006, section 161.32, is amended by adding a subdivision
94.9to read:
94.10 Subd. 1f. Best value alternative. As an alternative to the procurement method
94.11described in subdivisions 1a to 1e, the commissioner may issue a request for proposals
94.12and award the contract to the vendor or contractor offering the best value as described in
94.13section 16C.28, subdivision 1, paragraph (a), clause (2).
94.14 Sec. 17. [161.3206] BEST VALUE CONTRACTING AUTHORITY.
94.15 Notwithstanding sections 16C.25, 161.32, and 161.321, or any other law to the
94.16contrary, the commissioner may solicit and award all contracts, other than design-build
94.17contracts governed by section 161.3412, for a project on the basis of a best value selection
94.18process as defined in section 16C.02, subdivision 4a. Section 16C.08 does not apply
94.19to this section.
94.20 Sec. 18. Minnesota Statutes 2006, section 161.3412, subdivision 1, is amended to read:
94.21 Subdivision 1. Best value selection for design-build contracts. Notwithstanding
94.22sections16C.25 ,
161.32 , and
161.321 , or any other law to the contrary, the commissioner
94.23may solicit and award a design-build contract for a project on the basis of a best value
94.24selection process. Section16C.08 does not apply to design-build contracts to which the
94.25commissioner is a party.
94.26 Sec. 19. Minnesota Statutes 2006, section 161.38, subdivision 4, is amended to read:
94.27 Subd. 4. Effects on other law of public contract with commissioner. Whenever
94.28the road authority of any city enters into an agreement with the commissioner pursuant
94.29to this section, and a portion of the cost is to be assessed against benefited property,
94.30the letting of a public contract by the commissioner for the work shall be deemed to
94.31comply with statutory or charter provisions requiring the city (1) to advertise for bids
94.32before awarding a contract for a public improvement, (2) to let the contract to the lowest
95.1responsible bidder or to the vendor or contractor offering the best value, and (3) to require
95.2a performance bond to be filed by the contractor before undertaking the work. The
95.3contract so let by the commissioner and the performance bond required of the contractor
95.4by the commissioner shall be considered to be the contract and bond of the city for the
95.5purposes of complying with the requirements of any applicable law or charter provision,
95.6and the bond shall inure to the benefit of the city and operate for their protection to the
95.7same extent as though they were parties thereto.
95.8 Sec. 20. Minnesota Statutes 2006, section 365.37, is amended by adding a subdivision
95.9to read:
95.10 Subd. 2a. Best value alternative. As an alternative to the procurement method
95.11described in subdivision 2, a contract for construction, building, alteration, improvement,
95.12or repair work may be awarded to the vendor or contractor offering the best value
95.13under a request for proposals as described in section 16C.28, subdivision 1, paragraph
95.14(a), clause (2).
95.15 Sec. 21. Minnesota Statutes 2006, section 374.13, is amended to read:
95.16374.13 TO ADVERTISE FOR BIDS.
95.17 Subdivision 1. Bidding process. When the plans and specifications are completed
95.18and approved by the city council and the county board, the commission shall, after notice
95.19appropriate to inform possible bidders, obtain bids or proposals for all or any portion of
95.20the work or materials, or both, to be done, performed, or furnished in the construction of
95.21the building. All bids or proposals shall be sealed by the bidders or proposers and filed
95.22with the commission at or before the time specified for the opening of bids or proposals.
95.23At the time and place specified for the opening of bids or proposals, the commission shall
95.24meet, open the bids or proposals, tabulate them, and award the contract or contracts to the
95.25responsible bidder whose bid or proposal is the most favorable to the city or county, or
95.26reject all bids and proposals. If all bids or proposals are rejected, the commission may,
95.27after similar notice, obtain more bids or proposals or may modify or change the plans and
95.28specifications and submit the modified plans and specifications to the city council and the
95.29county board for approval. When the modified or changed plans and specifications are
95.30satisfactory to both the city council and the county board, the plans and specifications
95.31shall be returned to the commission and the commission shall proceed again, after similar
95.32notice, to obtain bids or proposals. Any contract awarded by the commission shall be
95.33subject to approval by the city council and the county board.
96.1 Subd. 2. Best value alternative. As an alternative to the procurement method
96.2described in subdivision 1, the commission may issue a request for proposals and award
96.3the contract to the vendor or contractor offering the best value as described in section
96.416C.28, subdivision 1, paragraph (a), clause (2).
96.5 Sec. 22. Minnesota Statutes 2006, section 375.21, is amended by adding a subdivision
96.6to read:
96.7 Subd. 1b. Best value alternative. As an alternative to the procurement method
96.8described in subdivision 1, a county board may award a contract for construction,
96.9building, alteration, improvement, or repair work to the vendor or contractor offering the
96.10best value under a request for proposals as described in section 16C.28, subdivision 1,
96.11paragraph (a), clause (2).
96.12 Sec. 23. Minnesota Statutes 2006, section 383C.094, is amended by adding a
96.13subdivision to read:
96.14 Subd. 1a. Contracts in excess of $500; best value alternative. As an alternative to
96.15the procurement method described in subdivision 1, the contract may be awarded to the
96.16vendor or contractor offering the best value under a request for proposals as described in
96.17section 16C.28, subdivision 1, paragraph (a), clause (2).
96.18 Sec. 24. Minnesota Statutes 2006, section 412.311, is amended to read:
96.19412.311 CONTRACTS.
96.20 Subdivision 1. Lowest responsible bidder. Except as provided in sections471.87
96.21to471.89 , no member of a council shall be directly or indirectly interested in any contract
96.22made by the council. Whenever the amount of a contract for the purchase of merchandise,
96.23materials or equipment or for any kind of construction work undertaken by the city is
96.24estimated to exceed the amount specified by section471.345, subdivision 3 , the contract
96.25shall be let to the lowest responsible bidder, after notice has been published once in the
96.26official newspaper at least ten days in advance of the last day for the submission of bids. If
96.27the amount of the contract exceeds $1,000, it shall be entered into only after compliance
96.28with section471.345 .
96.29 Subd. 2. Best value alternative. As an alternative to the procurement method
96.30described in subdivision 1, a contract for construction, building, alteration, improvement,
96.31or repair work may be awarded to the vendor or contractor offering the best value
96.32under a request for proposals as described in section 16C.28, subdivision 1, paragraph
96.33(a), clause (2).
97.1 Sec. 25. Minnesota Statutes 2006, section 429.041, is amended by adding a subdivision
97.2to read:
97.3 Subd. 2a. Best value alternative. As an alternative to the procurement method
97.4described in subdivision 2, the council may issue a request for proposals and award the
97.5contract to the vendor or contractor offering the best value as described in section 16C.28,
97.6subdivision 1, paragraph (a), clause (2).
97.7 Sec. 26. Minnesota Statutes 2006, section 458D.21, is amended by adding a
97.8subdivision to read:
97.9 Subd. 2a. Contracts in excess of $5,000; best value alternative. As an alternative
97.10to the procurement method described in subdivision 2, the board may issue a request for
97.11proposals and award the contract to the vendor or contractor offering the best value as
97.12described in section 16C.28, subdivision 1, paragraph (a), clause (2).
97.13 Sec. 27. Minnesota Statutes 2006, section 469.015, is amended by adding a subdivision
97.14to read:
97.15 Subd. 1a. Best value alternative. As an alternative to the procurement method
97.16described in subdivision 1, the authority may issue a request for proposals and award the
97.17contract to the vendor or contractor offering the best value under a request for proposals as
97.18described in section 16C.28, subdivision 1, paragraph (a), clause (2).
97.19 Sec. 28. Minnesota Statutes 2006, section 469.068, subdivision 1, is amended to read:
97.20 Subdivision 1. Contracts; bids; bonds. All construction work and every purchase
97.21of equipment, supplies, or materials necessary in carrying out the purposes of sections
97.22469.048
to
469.068 , that involve the expenditure of $1,000 or more, shall be awarded by
97.23contract as provided in this subdivision or in subdivision 1a. Before receiving bids under
97.24sections469.048 to
469.068 , the authority shall publish, once a week for two consecutive
97.25weeks in the official newspaper of the port's city, a notice that bids will be received for the
97.26construction work, or purchase of equipment, supplies, or materials. The notice shall state
97.27the nature of the work, and the terms and conditions upon which the contract is to be let
97.28and name a time and place where the bids will be received, opened, and read publicly,
97.29which time shall be not less than seven days after the date of the last publication. After
97.30the bids have been received, opened, read publicly, and recorded, the commissioners
97.31shall award the contract to the lowest responsible bidder, reserving the right to reject
97.32any or all bids. The contract shall be executed in writing and the person to whom the
97.33contract is awarded shall give sufficient bond to the board for its faithful performance. If
98.1no satisfactory bid is received, the port authority may readvertise, or, by an affirmative
98.2vote of two of its commissioners in the case of a three-member commission, or five of
98.3its members in the case of a seven-member commission, may authorize the authority
98.4to perform any part or parts of any construction work by day labor under conditions it
98.5prescribes. The commissioners may establish reasonable qualifications to determine
98.6the fitness and responsibility of bidders, and require bidders to meet the qualifications
98.7before bids are accepted. If the commissioners by a two-thirds or five-sevenths vote
98.8declare that an emergency exists requiring the immediate purchase of any equipment or
98.9material or supplies at a cost in excess of $1,000, but not exceeding $5,000, in amount,
98.10or making of emergency repairs, it shall not be necessary to advertise for bids, but the
98.11material, equipment, or supplies may be purchased in the open market at the lowest price
98.12obtainable, or the emergency repairs may be contracted for or performed without securing
98.13formal competitive bids. An emergency, for purposes of this section, is unforeseen
98.14circumstances or conditions which result in the jeopardizing of human life or property.
98.15 In all contracts involving the employment of labor, the commissioners shall stipulate
98.16conditions they deem reasonable, as to the hours of labor and wages and may stipulate as
98.17to the residence of employees to be employed by the contractors.
98.18 Bonds shall be required from contractors for any works of construction as provided
98.19in and subject to all the provisions of sections574.26 to
574.31 .
98.20 Sec. 29. Minnesota Statutes 2006, section 469.068, is amended by adding a subdivision
98.21to read:
98.22 Subd. 1a. Contracts; best value alternative. As an alternative to the procurement
98.23method described in subdivision 1, a contract may be awarded to the vendor or contractor
98.24offering the best value under a request for proposals as described in section 16C.28,
98.25subdivision 1, paragraph (a), clause (2).
98.26 Sec. 30. Minnesota Statutes 2006, section 471.345, is amended by adding a subdivision
98.27to read:
98.28 Subd. 3a. Contracts over $50,000; best value alternative. As an alternative to the
98.29procurement method described in subdivision 3, municipalities may award a contract for
98.30construction, alteration, repair, or maintenance work to the vendor or contractor offering
98.31the best value under a request for proposals as described in section 16C.28, subdivision 1,
98.32paragraph (a), clause (2).
99.1 Sec. 31. Minnesota Statutes 2006, section 471.345, is amended by adding a subdivision
99.2to read:
99.3 Subd. 4a. Contracts from $10,000 to $50,000; best value alternative. As an
99.4alternative to the procurement method described in subdivision 4, municipalities may
99.5award a contract for construction, alteration, repair, or maintenance work to the vendor or
99.6contractor offering the best value under a request for proposals as described in section
99.716C.28, subdivision 1, paragraph (a), clause (2).
99.8 Sec. 32. Minnesota Statutes 2006, section 471.345, subdivision 5, is amended to read:
99.9 Subd. 5. Contracts less than $10,000. If the amount of the contract is estimated
99.10to be $10,000 or less, the contract may be made either upon quotation or in the open
99.11market, in the discretion of the governing body. If the contract is made upon quotation
99.12it shall be based, so far as practicable, on at least two quotations which shall be kept on
99.13file for a period of at least one year after their receipt. Alternatively, municipalities may
99.14award a contract for construction, alteration, repair, or maintenance work to the vendor or
99.15contractor offering the best value under a request for proposals as described in section
99.1616C.28, subdivision 1, paragraph (a), clause (2).
99.17 Sec. 33. Minnesota Statutes 2006, section 473.523, is amended by adding a subdivision
99.18to read:
99.19 Subd. 1a. Contracts over $50,000; best value alternative. As an alternative to
99.20the procurement method described in subdivision 1, the council may issue a request for
99.21proposals and award the contract to the vendor or contractor offering the best value
99.22under a request for proposals as described in section 16C.28, subdivision 1, paragraph
99.23(a), clause (2).
99.24 Sec. 34. Minnesota Statutes 2006, section 473.756, subdivision 12, is amended to read:
99.25 Subd. 12. Contracts. The authority may enter into a development agreement with
99.26the team, the county, or any other entity relating to the construction, financing, and use of
99.27the ballpark and related facilities and public infrastructure. The authority may contract
99.28for materials, supplies, and equipment in accordance with sections471.345 and
473.754 ,
99.29except that the authority, with the consent of the county, may employ or contract with
99.30persons, firms, or corporations to perform one or more or all of the functions of architect,
99.31engineer, or construction manager with respect to all or any part of the ballpark and
99.32public infrastructure. Alternatively, at the request of the team and with the consent of the
99.33county, the authority shall authorize the team to provide for the design and construction
100.1of the ballpark and related public infrastructure, subject to terms of Laws 2006, chapter
100.2257. The construction manager may enter into contracts with contractors for labor,
100.3materials, supplies, and equipment for the construction of the ballpark and related public
100.4infrastructure through the process of public bidding, except that the construction manager
100.5may, with the consent of the authority or the team:
100.6 (1) narrow the listing of eligible bidders to those which the construction manager
100.7determines to possess sufficient expertise to perform the intended functions;
100.8 (2) award contracts to the contractors that the construction manager determines
100.9provide the best value under a request for proposals as described in section 16C.28,
100.10subdivision 1, paragraph (a), clause (2), which are not required to be the lowest responsible
100.11bidder; and
100.12 (3) for work the construction manager determines to be critical to the completion
100.13schedule, award contracts on the basis of competitive proposals or perform work with
100.14its own forces without soliciting competitive bids if the construction manager provides
100.15evidence of competitive pricing.
100.16The authority shall require that the construction manager certify, before the contract is
100.17signed, a fixed and stipulated construction price and completion date to the authority
100.18and post a performance bond in an amount at least equal to 100 percent of the certified
100.19price, to cover any costs which may be incurred in excess of the certified price, including
100.20but not limited to costs incurred by the authority or loss of revenues resulting from
100.21incomplete construction on the completion date. The authority may secure surety bonds
100.22as provided in section574.26 , securing payment of just claims in connection with all
100.23public work undertaken by it. Persons entitled to the protection of the bonds may enforce
100.24them as provided in sections574.28 to
574.32 , and shall not be entitled to a lien on any
100.25property of the authority under the provisions of sections514.01 to
514.16 . Contracts for
100.26construction and operation of the ballpark must include programs, including Youthbuild,
100.27to provide for participation by small local businesses and businesses owned by people of
100.28color, and the inclusion of women and people of color in the workforces of contractors
100.29and ballpark operators. The construction of the ballpark is a "project" as that term is
100.30defined in section177.42 , subdivision 2, and is subject to the prevailing wage law under
100.31sections177.41 to
177.43 .
100.34 Section 1. Minnesota Statutes 2006, section 200.02, subdivision 7, is amended to read:
101.1 Subd. 7. Major political party. (a) "Major political party" means a political party
101.2that maintains a party organization in the state, political division, or precinct in question
101.3and that has presented at least one candidate for election to the office of:
101.4 (1) governor and lieutenant governor, secretary of state, state auditor, or attorney
101.5general at the last preceding state general election for those offices; or
101.6 (2) presidential elector or U.S. senator at the last preceding state general election for
101.7presidential electors; and
101.8 whose candidate received votes in each county in that election and received votes
101.9from not less than five percent of the total number of individuals who voted in that election.
101.10 (b) "Major political party" also means a political party that maintains a party
101.11organization in the state, political subdivision, or precinct in question and that has
101.12presented at least 45 candidates for election to the office of state representative, 23
101.13candidates for election to the office of state senator, four candidates for election to
101.14the office of representative in Congress, and one candidate for election to each of the
101.15following offices: governor and lieutenant governor, attorney general, secretary of state,
101.16and state auditor, at the last preceding state general election for those offices.
101.17 (c) "Major political party" also means a political party that maintains a party
101.18organization in the state, political subdivision, or precinct in question and whose members
101.19present to the secretary of stateat any time before the close of filing for the state partisan
101.20primary ballot at least six weeks before the start of the filing period a petition for a place
101.21on the state partisan primary ballot, which petition contains signatures of a number of
101.22the party members equal to at least five percent of the total number of individuals who
101.23voted in the preceding state general election. The petition may be circulated at any time
101.24after January 1 and more than six weeks before the start of the filing period in the year
101.25the petition is submitted.
101.26 (d) A political party whose candidate receives a sufficient number of votes at a state
101.27general election described in paragraph (a) or a political party that presents candidates at
101.28an election as required by paragraph (b) becomes a major political party as of January
101.291 following that election and retains its major party status for at least two state general
101.30elections even if the party fails to present a candidate who receives the number and
101.31percentage of votes required under paragraph (a) or fails to present candidates as required
101.32by paragraph (b) at subsequent state general elections.
101.33 (e) A major political party whose candidates fail to receive the number and
101.34percentage of votes required under paragraph (a) and that fails to present candidates as
101.35required by paragraph (b) at each of two consecutive state general elections described by
102.1paragraph (a) or (b), respectively, loses major party status as of December 31 following
102.2the later of the two consecutive state general elections.
102.3 Sec. 2. Minnesota Statutes 2006, section 200.02, subdivision 23, is amended to read:
102.4 Subd. 23. Minor political party. (a) "Minor political party" means a political party
102.5that has adopted a state constitution, designated a state party chair, held a state convention
102.6in the last two years, filed with the secretary of state no later than December 31 following
102.7the most recent state general election a certification that the party has met the foregoing
102.8requirements, and met the requirements of paragraph (b) or (e), as applicable.
102.9 (b) To be considered a minor party in all elections statewide, the political party must
102.10have presented at least one candidate for election to the office of:
102.11 (1) governor and lieutenant governor, secretary of state, state auditor, or attorney
102.12general, at the last preceding state general election for those offices; or
102.13 (2) presidential elector or U.S. senator at the preceding state general election for
102.14presidential electors; and
102.15 who received votes in each county that in the aggregate equal at least one percent
102.16of the total number of individuals who voted in the election, or its members must have
102.17presented to the secretary of stateat any time before the close of filing for the state
102.18partisan primary ballot at least six weeks before the start of the filing period a nominating
102.19petition in a form prescribed by the secretary of state containing the signatures of party
102.20members in a number equal to at least one percent of the total number of individuals who
102.21voted in the preceding state general election. The petition may be circulated at any time
102.22after January 1 and more than six weeks before the start of the filing period in the year
102.23the petition is submitted.
102.24 (c) A political party whose candidate receives a sufficient number of votes at a
102.25state general election described in paragraph (b) becomes a minor political party as of
102.26January 1 following that election and retains its minor party status for at least two state
102.27general elections even if the party fails to present a candidate who receives the number
102.28and percentage of votes required under paragraph (b) at subsequent state general elections.
102.29 (d) A minor political party whose candidates fail to receive the number and
102.30percentage of votes required under paragraph (b) at each of two consecutive state general
102.31elections described by paragraph (b) loses minor party status as of December 31 following
102.32the later of the two consecutive state general elections.
102.33 (e) A minor party that qualifies to be a major party loses its status as a minor party
102.34at the time it becomes a major party. Votes received by the candidates of a major party
102.35must be counted in determining whether the party received sufficient votes to qualify as
103.1a minor party, notwithstanding that the party does not receive sufficient votes to retain
103.2its major party status. To be considered a minor party in an election in a legislative
103.3district, the political party must have presented at least one candidate for a legislative
103.4office in that district who received votes from at least ten percent of the total number of
103.5individuals who voted for that office, or its members must have presented to the secretary
103.6of state a nominating petition in a form prescribed by the secretary of state containing the
103.7signatures of party members in a number equal to at least ten percent of the total number
103.8of individuals who voted in the preceding state general election for that legislative office.
103.9 Sec. 3. Minnesota Statutes 2006, section 201.016, subdivision 1a, is amended to read:
103.10 Subd. 1a. Violations; penalty. (a) The county auditor shall mail a violation notice
103.11to any voter who the county auditor can determine has votedin a precinct other than the
103.12precinct in using an address at which the voter maintains does not maintain residence on
103.13election day. The notice must be in the form provided by the secretary of state. The
103.14county auditor shall also change the status of the voter in the statewide registration system
103.15to "challenged" and the voter shall be required to provide proof of residence to either the
103.16county auditor or to the election judges in the voter's precinct before voting in the next
103.17election. Any of the forms authorized by section201.061 for registration at the polling
103.18place may be used for this purpose.
103.19 (b) A voter who votes in a precinct other than the precinct in which the voter
103.20maintains residence after receiving an initial violation notice as provided in this
103.21subdivision is guilty of a petty misdemeanor.
103.22 (c) A voter who votes in a precinct other than the precinct in which the voter
103.23maintains residence after having been found to have committed a petty misdemeanor
103.24under paragraph (b) is guilty of a misdemeanor.
103.25 (d) Reliance by the voter on inaccurate information regarding the location of the
103.26voter's polling place provided by the state, county, or municipality is an affirmative
103.27defense to a prosecution under this subdivision.
103.28 Sec. 4. Minnesota Statutes 2006, section 201.056, is amended to read:
103.29201.056 SIGNATURE OF REGISTERED VOTER; MARKS ALLOWED.
103.30 An individual who is unable to write the individual's name shall be required to sign a
103.31registrationcard by making the individual's mark application in the manner provided by
103.32section 645.44, subdivision 14. If the individual registers in person and signs by making
103.33a mark, the clerk or election judge accepting the registration shall certify the mark by
103.34signing the individual's name. If the individual registers by mail and signs by making a
104.1mark, the mark shall be certified by having a voter registered in the individual's precinct
104.2sign the individual's name and the voter's own name and give the voter's own address.
104.3 Sec. 5. Minnesota Statutes 2006, section 201.061, subdivision 1, is amended to read:
104.4 Subdivision 1. Prior to election day. At any time except during the 20 days
104.5immediately preceding any regularly scheduled election, an eligible voter or any
104.6individual who will be an eligible voter at the time of the next election may register to
104.7vote in the precinct in which the voter maintains residence by completing a paper voter
104.8registration application as described in section201.071, subdivision 1 , and submitting
104.9it in person or by mail to the county auditor of that county or to the Secretary of State's
104.10Office. If the Web site maintained by the secretary of state provides, an individual who has
104.11a Minnesota driver's license, identification card, or learner's permit may register online.
104.12A registration that is received no later than 5:00 p.m. on the 21st day preceding any
104.13election shall be accepted. An improperly addressed or delivered registration application
104.14shall be forwarded within two working days after receipt to the county auditor of the
104.15county where the voter maintains residence. A state or local agency or an individual that
104.16accepts completed voter registration applications from a voter must submit the completed
104.17applications to the secretary of state or the appropriate county auditor within ten business
104.18days after the applications are dated by the voter.
104.19 For purposes of this section, mail registration is defined as a voter registration
104.20application delivered to the secretary of state, county auditor, or municipal clerk by the
104.21United States Postal Service or a commercial carrier.
104.22 Sec. 6. Minnesota Statutes 2006, section 201.061, is amended by adding a subdivision
104.23to read:
104.24 Subd. 1b. Prohibited methods of compensation; penalty. (a) No individual
104.25may be compensated for the solicitation, collection, or acceptance of voter registration
104.26applications from voters for submission to the secretary of state, a county auditor, or other
104.27local election official in a manner in which payment is calculated by multiplying (1)
104.28either a set or variable payment rate, by (2) the number of voter registration applications
104.29solicited, collected, or accepted.
104.30 (b) No individual may be deprived of compensation or have compensation
104.31automatically reduced exclusively for failure to solicit, collect, or accept a minimum
104.32number of voter registration applications and no individual may receive additional
104.33compensation for reaching or exceeding a minimum number of voter registration
104.34applications.
105.1 (c) A person who violates this subdivision is guilty of a petty misdemeanor.
105.2 Sec. 7. Minnesota Statutes 2006, section 201.061, subdivision 3, is amended to read:
105.3 Subd. 3. Election day registration. (a) The definitions in this paragraph apply
105.4to this subdivision:
105.5 (1) "current utility bill" means a utility bill dated within 30 days before the election
105.6day or due within 30 days before or after the election;
105.7 (2) "photo identification" means identification that displays the name and photo
105.8of an individual and that was issued by:
105.9 (i) another state for use as a driver's license or identification card;
105.10 (ii) a Minnesota college, university, or other postsecondary educational institution or
105.11high school as a student identification card; or
105.12 (iii) a tribal government of a tribe recognized by the Bureau of Indian Affairs, United
105.13States Department of the Interior;
105.14 (3) "residential facility" means transitional housing as defined in section256E.33,
105.15subdivision 1 ; a supervised living facility licensed by the commissioner of health under
105.16section144.50, subdivision 6 ; a nursing home as defined in section
144A.01, subdivision
105.175 ; a residence registered with the commissioner of health as a housing with services
105.18establishment as defined in section144D.01, subdivision 4 ; a veterans home operated by
105.19the board of directors of the Minnesota Veterans Homes under chapter 198; a residence
105.20licensed by the commissioner of human services to provide a residential program as
105.21defined in section245A.02, subdivision 14 ; a residential facility for persons with a
105.22developmental disability licensed by the commissioner of human services under section
105.23252.28 ; group residential housing as defined in section
256I.03, subdivision 3 ; a shelter
105.24for battered women as defined in section611A.37, subdivision 4 ; or a supervised
105.25publicly or privately operated shelter or dwelling designed to provide temporary living
105.26accommodations for the homeless; and
105.27 (4) "utility bill" means a written or electronic bill for gas, electricity, telephone,
105.28wireless telephone, cable television, satellite television, solid waste, water, sewer services,
105.29or an itemized rent statement.
105.30 (b) An individual who is eligible to vote may register on election day by appearing
105.31in person at the polling place for the precinct in which the individual maintains residence,
105.32by completing a registration application, making an oath in the form prescribed by the
105.33secretary of state and providing proof of residence. An individual may prove residence for
105.34purposes of registering by:
106.1 (1) presenting a driver's license or Minnesota identification card issued pursuant
106.2to section171.07 ;
106.3 (2) presenting:
106.4 (i) a photo identification; and
106.5 (ii) a current utility bill or lease, showing the individual's name and valid residential
106.6address in the precinct;
106.7 (3) presenting an identification card issued by the tribal government of a tribe
106.8recognized by the Bureau of Indian Affairs, United States Department of the Interior, that
106.9contains the name, address, signature, and picture of the individual;
106.10(2) (4) presenting any document approved by the secretary of state as proper
106.11identification;
106.12(3) (5) presenting one of the following:
106.13 (i) a current valid student identification card from a postsecondary educational
106.14institution in Minnesota, if a list of students from that institution has been prepared under
106.15section135A.17 and certified to the county auditor in the manner provided in rules of
106.16the secretary of state; or
106.17 (ii) a current student fee statement that contains the student's valid address in the
106.18precinct together with apicture photo identification card; or
106.19(4) (6)(i) having a voter who is registered to vote in the precinct, or who is an
106.20employee employed by and working in a residential facility in the precinct and vouching
106.21for a resident in the facility, sign an oath in the presence of the election judge vouching that
106.22the voter or employee personally knows that the individual is a resident of the precinct. A
106.23voter who has been vouched for on election day may not sign a proof of residence oath
106.24vouching for any other individual on that election day. A voter who is registered to vote
106.25in the precinct may sign up to 15 proof-of-residence oaths on any election day. This
106.26limitation does not apply to an employee of a residential facility described in this clause.
106.27 (ii) The secretary of state shall provide a form for election judges to use in recording
106.28the number of individuals for whom a voter signs proof-of-residence oaths on election
106.29day. The form must include space for the maximum number of individuals for whom a
106.30voter may sign proof-of-residence oaths. For each proof-of-residence oath, the form
106.31must include a statement that the voter is registered to vote in the precinct, personally
106.32knows that the individual is a resident of the precinct, and is making the statement on
106.33oath. The form must include a space for the voter's printed name, signature, telephone
106.34number, and address.
106.35 The oath required by this subdivision and Minnesota Rules, part8200.9939 , must
106.36be attached to the voter registration applicationand the information on the oath must be
107.1recorded on the records of both the voter registering on election day and the voter who
107.2is vouching for the person's residence, and entered into the statewide voter registration
107.3system by the county auditor when the voter registration application is entered into that
107.4system.
107.5(b) The operator of a residential facility shall prepare a list of the names of its
107.6employees currently working in the residential facility and the address of the residential
107.7facility. The operator shall certify the list and provide it to the appropriate county auditor
107.8no less than 20 days before each election for use in election day registration.
107.9(c) "Residential facility" means transitional housing as defined in section
256E.33,
107.10subdivision 1
; a supervised living facility licensed by the commissioner of health under
107.11section
144.50, subdivision 6; a nursing home as defined in section
144A.01, subdivision
107.125
; a residence registered with the commissioner of health as a housing with services
107.13establishment as defined in section
144D.01, subdivision 4; a veterans home operated by
107.14the board of directors of the Minnesota Veterans Homes under chapter 198; a residence
107.15licensed by the commissioner of human services to provide a residential program as
107.16defined in section
245A.02, subdivision 14; a residential facility for persons with a
107.17developmental disability licensed by the commissioner of human services under section
107.18252.28; group residential housing as defined in section
256I.03, subdivision 3; a shelter
107.19for battered women as defined in section
611A.37, subdivision 4; or a supervised
107.20publicly or privately operated shelter or dwelling designed to provide temporary living
107.21accommodations for the homeless.
107.22(d) For tribal band members, an individual may prove residence for purposes of
107.23registering by:
107.24(1) presenting an identification card issued by the tribal government of a tribe
107.25recognized by the Bureau of Indian Affairs, United States Department of the Interior, that
107.26contains the name, address, signature, and picture of the individual; or
107.27(2) presenting an identification card issued by the tribal government of a tribe
107.28recognized by the Bureau of Indian Affairs, United States Department of the Interior, that
107.29contains the name, signature, and picture of the individual and also presenting one of the
107.30documents listed in Minnesota Rules, part
8200.5100, subpart 2, item B.
107.31 (c) An employee of a residential facility must prove employment with that
107.32facility by presenting a current identification card issued by the facility or other official
107.33documentation verifying the employee's current status with the facility on election day to
107.34be eligible to vouch for individuals residing in that facility.
107.35(e) (d) A county, school district, or municipality may require that an election judge
107.36responsible for election day registration initial each completed registration application.
108.1EFFECTIVE DATE.This section is effective September 1, 2007.
108.2 Sec. 8. Minnesota Statutes 2006, section 201.071, subdivision 1, is amended to read:
108.3 Subdivision 1. Form. A voter registration application mustbe of suitable size and
108.4weight for mailing and contain spaces for the following required information: voter's first
108.5name, middle name, and last name; voter's previous name, if any; voter's current address;
108.6voter's previous address, if any; voter's date of birth; voter's municipality and county of
108.7residence; voter's telephone number, if provided by the voter; date of registration; current
108.8and valid Minnesota driver's license number or Minnesota state identification number,
108.9or if the voter has no current and valid Minnesota driver's license or Minnesota state
108.10identification, and the last four digits of the voter's Social Security number; and voter's
108.11signature. The registration application may include the voter's e-mail address, if provided
108.12by the voter, and the voter's interest in serving as an election judge, if indicated by the
108.13voter. The application must also contain the following certification of voter eligibility:
108.14 "I certify that I:
108.15 (1) will be at least 18 years old on election day;
108.16 (2) am a citizen of the United States;
108.17 (3) will have resided in Minnesota for 20 days immediately preceding election day;
108.18 (4) maintain residence at the address given on the registration form;
108.19 (5) am not under court-ordered guardianship in which the court order revokes my
108.20right to vote;
108.21 (6) have not been found by a court to be legally incompetent to vote;
108.22 (7) have the right to vote because, if I have been convicted of a felony, my felony
108.23sentence has expired (been completed) or I have been discharged from my sentence; and
108.24 (8) have read and understand the following statement: that giving false information
108.25is a felony punishable by not more than five years imprisonment or a fine of not more
108.26than $10,000, or both."
108.27 The certification must include boxes for the voter to respond to the following
108.28questions:
108.29 "(1) Are you a citizen of the United States?" and
108.30 "(2) Will you be 18 years old on or before election day?"
108.31 And the instruction:
108.32 "If you checked 'no' to either of these questions, do not complete this form."
108.33 The form of the voter registration application and the certification of voter eligibility
108.34must be as provided in this subdivision and approved by the secretary of state. Voter
108.35registration forms authorized by the National Voter Registration Act must also be accepted
109.1as valid. The federal postcard application form must also be accepted as valid if it is not
109.2deficient and the voter is eligible to register in Minnesota.
109.3 An individual may use a voter registration application to apply to register to vote in
109.4Minnesota or to change information on an existing registration.
109.5 A paper voter registration application must include space for the voter's signature
109.6and be of suitable size and weight for mailing.
109.7 Sec. 9. Minnesota Statutes 2006, section 201.091, is amended by adding a subdivision
109.8to read:
109.9 Subd. 5a. Registration verification to registered voter. The secretary of state may
109.10provide for voter registration verification to a registered voter on the secretary of state's
109.11Web site. An individual using the verification service must provide the individual's name,
109.12address, and date of birth when requesting registration verification. If the verification
109.13information provided completely matches an active registration record in the statewide
109.14registration system, the individual must be informed that the individual is a registered
109.15voter and provided with the individual's polling place location. If the verification
109.16information provided does not completely match an active registration record in the
109.17statewide registration system, the individual must be informed that a registration record
109.18at the name and address provided cannot be retrieved and advised to contact the county
109.19auditor or secretary of state for further information.
109.20 Sec. 10. Minnesota Statutes 2006, section 201.091, subdivision 9, is amended to read:
109.21 Subd. 9. Restricted data. A list provided for public inspection or purchase, for
109.22jury selection, or in response to a law enforcement inquiry, must not include a voter's
109.23date of birth or any part of a voter's Social Security number, driver's license number,or
109.24identification card number, military identification card number, or passport number.
109.25 Sec. 11. Minnesota Statutes 2006, section 201.12, is amended to read:
109.26201.12 PROPER REGISTRATION; VERIFICATION BY MAIL;
109.27CHALLENGES.
109.28 Subdivision 1. Notice of registration. To prevent fraudulent voting and to eliminate
109.29excess names, the county auditor may mail to any registered voter a notice stating the
109.30voter's name and address as they appear in the registration files. The notice shall request
109.31the voter to notify the county auditor if there is any mistake in the information.
109.32 Subd. 2.Challenges Moved within state. If the notice is returned as undeliverable
109.33but with a permanent forwarding address in this state, the county auditor shall notify the
110.1auditor of the county where the voter resides. Upon receipt of the notice, the county
110.2auditor shall update the voter's address in the statewide voter registration system and mail
110.3to the voter the notice of registration required by section201.121, subdivision 2 . The
110.4notice must advise the voter that the voter's voting address has been changed and that the
110.5voter must notify the county auditor within 21 days if the new address is not what the
110.6voter intended to be their permanent address.
110.7 Subd. 3. Moved out of state. If the notice is returned as undeliverable but with a
110.8permanent forwarding address outside this state, the county auditor shall promptly mail
110.9to the voter at the forwarding address a notice advising the voter that the voter's voter
110.10registration in this state will be deleted unless the voter notifies the county auditor within
110.1121 days that the voter intends to retain the former address as the voter's permanent address.
110.12If the notice is not received by the deadline, the county auditor shall delete the registration.
110.13 Subd. 4. Challenges.Upon return of any nonforwardable mailing from an
110.14election official, the county auditor or the auditor's staff shall ascertain the name and
110.15address of that individual. If the individual is no longer at the address recorded in the
110.16statewide registration system If the notice is returned as undeliverable but with no
110.17forwarding address, the county auditor shall change the registrant's status to "challenged"
110.18in the statewide registration system. An individual challenged in accordance with this
110.19subdivision shall comply with the provisions of section204C.12 , before being allowed to
110.20vote. If a notice mailed at least 60 days after the return of the first nonforwardable mailing
110.21is also returned by the postal service, the county auditor shall change the registrant's status
110.22to "inactive" in the statewide registration system.
110.23EFFECTIVE DATE.This section is effective August 1, 2007.
110.24 Sec. 12. Minnesota Statutes 2006, section 201.13, subdivision 3, is amended to read:
110.25 Subd. 3. Use of change of address system.The county auditor may delete the
110.26records in the statewide registration system of voters whose change of address can be
110.27confirmed by the United States Postal Service. The secretary of state may provide the
110.28county auditors with periodic reports on voters whose change of address can be confirmed
110.29by the United States Postal Service.
110.30 (a) At least once each month the secretary of state shall obtain a list of individuals in
110.31this state who have filed with the United States Postal Service a change of their permanent
110.32address. If an individual is registered as a voter in the statewide voter registration system
110.33and the change is to another address in this state, the secretary of state shall transmit
110.34the registration by electronic means to the county auditor of the county where the voter
110.35resides. Upon receipt of the registration, the county auditor shall update the voter's
111.1address in the statewide voter registration system and mail to the voter the notice of
111.2registration required by section201.121, subdivision 2 . The notice must advise the voter
111.3that the voter's permanent address has been changed and that the voter must notify the
111.4county auditor within 21 days if the new address is not what the voter intended to be the
111.5voter's permanent address.
111.6 (b) If the change of permanent address is to a forwarding address outside this state,
111.7the secretary of state shall notify by electronic means the auditor of the county where the
111.8voter formerly resided that the voter has left the state. The county auditor shall promptly
111.9mail to the voter at the forwarding address a notice advising the voter that the voter's voter
111.10registration in this state will be deleted unless the voter notifies the county auditor within
111.1121 days that the voter intends to retain the former address as the voter's permanent address.
111.12If the notice is not received by the deadline, the county auditor shall delete the registration.
111.13EFFECTIVE DATE.This section is effective April 1, 2008.
111.14 Sec. 13. Minnesota Statutes 2006, section 201.161, is amended to read:
111.15201.161 AUTOMATIC REGISTRATION OF DRIVER'S LICENSE,
111.16INSTRUCTION PERMIT, AND IDENTIFICATION CARDAPPLICATIONS
111.17APPLICANTS.
111.18 Subdivision 1. Automatic registration. An individual who properly completes
111.19an application for a new or renewed Minnesota driver's license, instruction permit, or
111.20identification card, and who is eligible to vote under section201.014 , must be registered to
111.21vote as provided in this section, unless the applicant declines to be registered.
111.22 Subd. 2. Applications. TheDepartment commissioner of public safety, in
111.23consultation with the secretary of state, shall changeits the applications for an original,
111.24duplicate, or change of address driver's license, instruction permit, or identification card so
111.25that the forms may also serve as voter registration applications. The forms must contain
111.26spaces for all information collected by voter registration applications prescribed by the
111.27secretary of state and a box for the applicant to decline to be registered to vote.Applicants
111.28for driver's licenses or identification cards must be asked if they want to register to vote
111.29at the same time and that If the applicant has not declined to be registered to vote, the
111.30commissioner shall transmit the informationmust be transmitted at least weekly daily by
111.31electronic means to the secretary of state. Pursuant to the Help America Vote Act of 2002,
111.32Public Law 107-252, the computerized driver's license record containing the voter's name,
111.33address, date of birth, citizenship, driver's license number or state identification number,
112.1county,town, and city or town, and signature must be made available for access by the
112.2secretary of state and interaction with the statewide voter registration system.
112.3 Subd. 3. Registration. (a) The secretary of state shall determine whether the
112.4applicant is currently registered in the statewide voter registration system. For each
112.5currently registered voter whose registration is not changed, the secretary of state shall
112.6update the voter's registration date in the statewide voter registration system. For each
112.7currently registered voter whose registration is changed, the secretary of state shall
112.8transmit the registration daily by electronic means to the county auditor of the county
112.9where the voter resides.
112.10 (b) If the applicant is not currently registered in the statewide voter registration
112.11system, the secretary of state shall determine whether the applicant is 18 years of age or
112.12older and a citizen of the United States and compare the voter registration information
112.13received from the commissioner of public safety with the information on wards,
112.14incompetents, and felons received from the state court administrator under sections 201.15
112.15and 201.155, to determine whether the applicant is eligible to vote. If an applicant is
112.16less than 18 years of age, the secretary of state shall wait until the applicant has turned
112.1718 years of age to determine whether the applicant is eligible to vote. For each applicant
112.18the secretary of state determines is an eligible voter, the secretary of state shall transmit
112.19the registration daily by electronic means to the county auditor of the county where the
112.20voter resides.
112.21 Subd. 4. Notice. Upon receipt of the registration, the county auditor shall mail to
112.22the voter the notice of registration required by section201.121, subdivision 2 .
112.23 Subd. 5. Effective date. An application for registration that is dated during the 20
112.24days before an election in any jurisdiction within which the voter resides is not effective
112.25until the day after the election.
112.26 Sec. 14. Minnesota Statutes 2006, section 201.171, is amended to read:
112.27201.171 POSTING VOTING HISTORY; FAILURE TO VOTE;
112.28REGISTRATION REMOVED.
112.29 Within six weeks after every election, the county auditor shall post the voting
112.30history for every person who voted in the election. After the close of the calendar year, the
112.31secretary of state shall determine if any registrants have not voted during the preceding
112.32four six years. The secretary of state shall perform list maintenance by changing the status
112.33of those registrants to "inactive" in the statewide registration system. The list maintenance
112.34performed must be conducted in a manner that ensures that the name of each registered
112.35voter appears in the official list of eligible voters in the statewide registration system.
113.1A voter must not be removed from the official list of eligible voters unless the voter is
113.2not eligible or is not registered to vote. List maintenance must include procedures for
113.3eliminating duplicate names from the official list of eligible voters.
113.4 The secretary of state shall also prepare a report to the county auditor containing the
113.5names of all registrants whose status was changed to "inactive."
113.6 Registrants whose status was changed to "inactive" must register in the manner
113.7specified in section201.054 before voting in any primary, special primary, general, school
113.8district, or special election, as required by section201.018 .
113.9 Although not counted in an election, a late or rejected absentee or mail ballot must
113.10be considered a vote for the purpose of continuing registration.
113.11 Sec. 15. Minnesota Statutes 2006, section 203B.02, subdivision 1, is amended to read:
113.12 Subdivision 1.Unable to go to polling place Eligibility for absentee voting. (a)
113.13Any eligible voterwho reasonably expects to be unable to go to the polling place on
113.14election day in the precinct where the individual maintains residence because of absence
113.15from the precinct; illness, including isolation or quarantine under sections
144.419
113.16to
144.4196 or United States Code, title 42, sections 264 to 272; disability; religious
113.17discipline; observance of a religious holiday; or service as an election judge in another
113.18precinct may vote by absentee ballot as provided in sections
203B.04 to
203B.15 .
113.19(b) If the governor has declared an emergency and filed the declaration with the
113.20secretary of state under section
12.31, and the declaration states that the emergency has
113.21made it difficult for voters to go to the polling place on election day, any voter in a
113.22precinct covered by the declaration may vote by absentee ballot as provided in sections
113.23203B.04 to
203B.15.
113.24EFFECTIVE DATE.This section is effective April 1, 2008.
113.25 Sec. 16. Minnesota Statutes 2006, section 203B.04, subdivision 1, is amended to read:
113.26 Subdivision 1. Application procedures. Except as otherwise allowed by
113.27subdivision 2, an application for absentee ballots for any election may be submitted at
113.28any time not less than one day before the day of that election. The county auditor shall
113.29prepare absentee ballot application forms in the format provided by the secretary of state,
113.30notwithstanding rules on absentee ballot forms, and shall furnish them to any person on
113.31request. By January 1 of each even-numbered year, the secretary of state shall make the
113.32forms to be used available to auditors through electronic means. An application submitted
113.33pursuant to this subdivision shall be in writing and shall be submitted to:
113.34(a) (1) the county auditor of the county where the applicant maintains residence; or
114.1(b) (2) the municipal clerk of the municipality, or school district if applicable, where
114.2the applicant maintains residence.
114.3 An application shall be approved if it is timely received, signed and dated by the
114.4applicant, contains the applicant's name and residence and mailing addresses, and states
114.5that the applicant is eligible to vote by absentee ballotfor one of the reasons specified in
114.6section
203B.02
114.7must not be made available for public inspection. An application may be submitted to
114.8the county auditor or municipal clerk by an electronic facsimile device. An application
114.9mailed or returned in person to the county auditor or municipal clerk on behalf of a voter
114.10by a person other than the voter must be deposited in the mail or returned in person to
114.11the county auditor or municipal clerk within ten days after it has been dated by the voter
114.12and no later than six days before the election. The absentee ballot applications or a list of
114.13persons applying for an absentee ballot may not be made available for public inspection
114.14until the close of voting on election day.
114.15 An application under this subdivision may contain an application under subdivision
114.165 to automatically receive an absentee ballot application.
114.17EFFECTIVE DATE.This section is effective April 1, 2008.
114.18 Sec. 17. Minnesota Statutes 2006, section 203B.04, subdivision 6, is amended to read:
114.19 Subd. 6. Ongoing absentee status; termination; rules. (a) An eligible voter
114.20may apply to a county auditor or municipal clerk for status as an ongoing absentee voter
114.21who reasonably expects to meet the requirements of section
203B.02, subdivision 1
114.22The voter may decline to receive an absentee ballot for one or more elections, provided
114.23the request is received by the county auditor or municipal clerk at least five days before
114.24the deadline in section 204B.35 for delivering ballots for the election to which it applies.
114.25Each applicant must automatically be provided with an absentee ballotapplication for
114.26each ensuing election, other than an election by mail conducted under section204B.45 ,
114.27or as otherwise requested by the voter, and must have the status of ongoing absentee voter
114.28indicated on the voter's registration record.
114.29 (b) Ongoing absentee voter status ends on:
114.30 (1) the voter's written request;
114.31 (2) the voter's death;
114.32 (3) return of an ongoing absentee ballot as undeliverable;
114.33 (4) a change in the voter's status so that the voter is not eligible to vote under section
114.34201.15
or
201.155 ; or
114.35 (5) placement of the voter's registration on inactive status under section201.171 .
115.1 (c) The secretary of state shall adopt rules governing procedures under this
115.2subdivision.
115.3EFFECTIVE DATE.This section is effective April 1, 2008.
115.4 Sec. 18. Minnesota Statutes 2006, section 203B.06, subdivision 3, is amended to read:
115.5 Subd. 3. Delivery of ballots. (a) If an application for absentee ballots is accepted
115.6at a time when absentee ballots are not yet available for distribution, the county auditor,
115.7or municipal clerk accepting the application shall file it and as soon as absentee ballots
115.8are available for distribution shall mail them to the address specified in the application.
115.9If an application for absentee ballots is accepted when absentee ballots are available for
115.10distribution, the county auditor or municipal clerk accepting the application shall promptly:
115.11 (1) mail the ballots to the voter whose signature appears on the application if the
115.12application is submitted by mail and does not request commercial shipping under clause
115.13(2);
115.14 (2) ship the ballots to the voter using a commercial shipper requested by the voter at
115.15the voter's expense;
115.16 (3) deliver the absentee ballots directly to the voter if the application is submitted in
115.17person; or
115.18 (4) deliver the absentee ballots in a sealed transmittal envelope to an agent who has
115.19been designated to bring the ballots, as provided in section 203B.11, subdivision 4, to a
115.20voter whois would have difficulty getting to the polls because of health reasons, or who is
115.21disabled, a patient in a health care facility,as provided in section
203B.11, subdivision
115.224
, a resident of a facility providing assisted living services governed by chapter 144G, a
115.23participant in a residential program for adults licensed under section245A.02, subdivision
115.2414 , or a resident of a shelter for battered women as defined in section
611A.37, subdivision
115.254 .
115.26 (b) If an application does not indicate the election for which absentee ballots are
115.27sought, the county auditor or municipal clerk shall mail or deliver only the ballots for
115.28the next election occurring after receipt of the application. Only one set of ballots may
115.29be mailed, shipped, or delivered to an applicant for any election, except as provided in
115.30section203B.13, subdivision 2 , or when a replacement ballot has been requested by the
115.31voter for a ballot that has been spoiled or lost in transit.
115.32EFFECTIVE DATE.This section is effective August 1, 2007.
115.33 Sec. 19. Minnesota Statutes 2006, section 203B.07, subdivision 2, is amended to read:
116.1 Subd. 2. Design of envelopes. The return envelope shall be of sufficient size
116.2to conveniently enclose and contain the ballot envelope and a voter registrationcard
116.3application folded along its perforations. The return envelope shall be designed to open
116.4on the left-hand end.Notwithstanding any rule to the contrary, the return envelope must
116.5be designed in one of the following ways:
116.6(1) it must be of sufficient size to contain an additional envelope that when sealed,
116.7conceals the signature, identification, and other information; or
116.8(2) it must provide an additional flap that when sealed, conceals the signature,
116.9identification, and other information. Election officials may open the flap or the additional
116.10envelope at any time after receiving the returned ballot to inspect the returned certificate
116.11for completeness or to ascertain other information. A certificate of eligibility to vote by
116.12absentee ballot shall be printed on the back of the envelope. The certificate shall contain
116.13a statement to be signed and sworn by the voter indicating that the voter meets all of
116.14the requirements established by law for voting by absentee ballot. If the voter was not
116.15previously registered, the certificate shall also contain a statement signed by a person who
116.16is registered to vote in Minnesota or by a notary public or other individual authorized
116.17to administer oaths stating that:
116.18(a) (i) the ballots were displayed to that individual unmarked;
116.19(b) (ii) the voter marked the ballots in that individual's presence without showing
116.20how they were marked, or, if the voter was physically unable to mark them, that the voter
116.21directed another individual to mark them; and
116.22(c) if the voter was not previously registered, (iii) the voter has provided proof of
116.23residence as required by section201.061, subdivision 3 .
116.24 The county auditor or municipal clerk shall affix first class postage to the return
116.25envelopes.
116.26EFFECTIVE DATE.This section is effective April 1, 2008.
116.27 Sec. 20. Minnesota Statutes 2006, section 203B.081, is amended to read:
116.28203B.081 LOCATIONS FOR ABSENTEE VOTING IN PERSON.
116.29 An eligible voter may vote by absentee ballot during the 30 days before the election
116.30in the office of the county auditor and at any other polling place designated by the county
116.31auditor. The county auditor shall make such designations at least 90 days before the
116.32election. At least one voting booth and at least one electronic ballot marker in each polling
116.33place must be made available by the county auditor for this purpose.
117.1 Sec. 21. Minnesota Statutes 2006, section 203B.11, subdivision 4, is amended to read:
117.2 Subd. 4. Agent delivery of ballots. During thefour seven days preceding an
117.3election and until 2:00 p.m. on election day, an eligible voter whois would have difficulty
117.4getting to the polls because of health reasons, or who is disabled, a patient of a health care
117.5facility, a resident of a facility providing assisted living services governed by chapter
117.6144G, a participant in a residential program for adults licensed under section245A.02 ,
117.7subdivision 14, or a resident of a shelter for battered women as defined in section611A.37 ,
117.8subdivision 4, may designate an agent to deliver the ballots to the voter from the county
117.9auditor or municipal clerk. A candidate at the election may not be designated as an agent.
117.10The voted ballots must be returned to the county auditor or municipal clerk no later than
117.113:00 p.m. on election day. The voter must complete an affidavit requesting the auditor or
117.12clerk to provide the agent with the ballots in a sealed transmittal envelope. The affidavit
117.13must include a statement from the voter stating that the ballots were delivered to the voter
117.14by the agent in the sealed transmittal envelope. An agent may deliver ballots to no more
117.15than three persons in any election. The secretary of state shall provide samples of the
117.16affidavit and transmission envelope for use by the county auditors.
117.17EFFECTIVE DATE.This section is effective August 1, 2007.
117.18 Sec. 22. Minnesota Statutes 2006, section 203B.12, subdivision 4, is amended to read:
117.19 Subd. 4. Placement in container; opening and counting of ballots. The ballot
117.20envelopes from return envelopes marked "Accepted" shall be placed by the election
117.21judges in a separate absentee ballot container. The container and each ballot envelope may
117.22be opened only afterthe last regular mail delivery by the United States postal service
117.23noon on election day. The ballots shall then be initialed by the election judges in the
117.24same manner as ballots delivered by them to voters in person and shall be deposited in
117.25the appropriate ballot box.
117.26 If more than one ballot of any kind is enclosed in the ballot envelope, none of the
117.27ballots of that kind shall be counted but all ballots of that kind shall be returned in the
117.28manner provided by section204C.25 for return of spoiled ballots.
117.29 Sec. 23. Minnesota Statutes 2006, section 203B.13, subdivision 1, is amended to read:
117.30 Subdivision 1. Establishment. The governing body of any countythat has
117.31established a counting center as provided in section
206.85, subdivision 2
117.32municipality, or any school district may by ordinance or resolution, authorize an absentee
117.33ballot board. The board shall consist of a sufficient number of election judges appointed as
117.34provided in sections204B.19 to
204B.22 .
118.1 Sec. 24. Minnesota Statutes 2006, section 203B.13, subdivision 2, is amended to read:
118.2 Subd. 2. Duties. The absentee ballot board maydo any of the following:
118.3(a) receive from each precinct in the municipality or school district all ballot
118.4envelopes marked "Accepted" by the election judges; provided that the governing body of
118.5a municipality or the school board of a school district may authorize the board to examine
118.6all return absentee ballot envelopes andreceive accept or reject absentee ballots in the
118.7manner provided in section203B.12 ;.
118.8(b) open and count the absentee ballots, tabulating the vote in a manner that indicates
118.9each vote of the absentee voter and the total absentee vote cast for each candidate or
118.10question in each precinct; or
118.11(c) report the vote totals tabulated for each precinct.
118.12 The absentee ballot board may begin the process of examining the return envelopes
118.13and marking them "accepted" or "rejected" at any time during the 30 days before the
118.14election. If an envelope has been rejected at least five days before the election, the
118.15ballots in the envelope must be considered spoiled ballots and the official in charge of the
118.16absentee ballot board shall provide the voter with a replacement absentee ballot and return
118.17envelope in place of the spoiled ballot.The secretary of state shall provide samples of the
118.18replacement ballot and return envelope for use by the county auditor.
118.19 Sec. 25. Minnesota Statutes 2006, section 203B.16, subdivision 2, is amended to read:
118.20 Subd. 2. Permanent residence outside United States. Sections203B.16 to
118.21203B.27
provide the exclusive voting procedure for United States citizens who are
118.22living permanently outside the territorial limits of the United States who meet all the
118.23qualifications of an eligible voter except residence in Minnesota, but who are authorized
118.24by federal law to vote in Minnesota because they maintained residence in Minnesota for
118.25at least 20 days immediately prior to their departure from the United States or because,
118.26although they have never resided in the United States, they have a parent who is eligible to
118.27vote in Minnesota. Individuals described in this subdivision shall be permitted to vote
118.28only for the offices of president, vice-president, senator in Congress, and representative in
118.29Congress.
118.30EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.
118.31 Sec. 26. Minnesota Statutes 2006, section 203B.17, subdivision 2, is amended to read:
118.32 Subd. 2. Required information. An application shall be accepted if it contains the
118.33following information stated under oath:
119.1 (a) the voter's name, birthdate, and present address of residence in Minnesota, or
119.2former address of residence in Minnesota if the voter is living permanently outside the
119.3United States;
119.4 (b) a statement indicating that the voter is in the military, or is the spouse or
119.5dependent of an individual serving in the military, or is temporarily outside the territorial
119.6limits of the United States, or is living permanently outside the territorial limits of the
119.7United States and voting under federal law;
119.8 (c) a statement that the voter expects to be absent from the precinct at the time
119.9of the election;
119.10 (d) the address to which absentee ballots are to be mailed;
119.11 (e) the voter's signature or the signature and relationship of the individual authorized
119.12to apply on the voter's behalf; and
119.13 (f) the voter's military identification card number, passport number, or Minnesota
119.14driver's license or state identification card number,; if the voter does not have a valid
119.15passport or identification card, the signed statement of an individual authorized to
119.16administer oaths or a commissioned or noncommissioned officer of the military not
119.17below the rank of sergeant or its equivalent, certifying that the voter or other individual
119.18requesting absentee ballots has attested to the truthfulness of the contents of the application
119.19under oath.
119.20The oath taken must be the standard oath prescribed by section 101(b)(7) of the
119.21Uniformed and Overseas Citizens Absentee Voting Act.
119.22A form for providing this information shall be prepared by each county auditor and
119.23shall be furnished to individuals who request it pursuant to this section. access to any of
119.24these documents, the voter may attest to the truthfulness of the contents of the application
119.25under penalty of perjury.
119.26EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.
119.27 Sec. 27. Minnesota Statutes 2006, section 203B.21, subdivision 2, is amended to read:
119.28 Subd. 2. Mailing of ballots; return. Ballots and instructions for marking them,
119.29ballot envelopes, and return envelopes shall be sent by first class mail to addresses within
119.30the continental United States and by air mail to addresses outside the continental United
119.31States, unless the voter requests to have the ballot, instructions, and certificate of voter
119.32eligibility sent electronically, as provided for by section 203B.225. The ballot envelope
119.33and return envelope shall be marked "Official Ballot," and shall contain sufficient postage
119.34to assure proper return delivery. The return envelope shall be addressed to comply with any
119.35method for return of absentee ballots as authorized under section203B.08, subdivision 2 .
120.1EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.
120.2 Sec. 28. Minnesota Statutes 2006, section 203B.21, subdivision 3, is amended to read:
120.3 Subd. 3. Back of return envelope. On the back of the return envelope an affidavit
120.4form shall appear with space for:
120.5 (a) the voter's address of present or former residence in Minnesota;
120.6 (b) a statement indicating the category described in section203B.16 to which the
120.7voter belongs;
120.8 (c) a statement that the voter has not cast and will not cast another absentee ballot
120.9in the same election or elections;
120.10 (d) a statement that the voter personally marked the ballots without showing them to
120.11anyone, or if physically unable to mark them, that the voter directed another individual
120.12to mark them; and
120.13 (e) the same voter's military identification card number, passport number, or
120.14Minnesota driver's license or state identification card number as provided on the absentee
120.15ballot application,; if the voter does not have a valid passport or identification card,
120.16the signature and certification of an individual authorized to administer oaths under
120.17federal law or the law of the place where the oath was administered or commissioned or
120.18noncommissioned personnel of the military not below the rank of sergeant or its equivalent
120.19access to any of these documents, the voter may attest to the truthfulness of the contents of
120.20the application under penalty of perjury.
120.21 The affidavit shall also contain a signed and dated oath in the form required by
120.22section 705 of the Help America Vote Act, Public Law 107-252, which must read:
120.23 "I swear or affirm, under penalty of perjury, that:
120.24 I am a member of the uniformed services or merchant marine on active duty or
120.25an eligible spouse or dependent of such a member; a United States citizen temporarily
120.26residing outside the United States; or other United States citizen residing outside the
120.27United States; and I am a United States citizen, at least 18 years of age (or will be by the
120.28date of the election), and I am eligible to vote in the requested jurisdiction; I have not
120.29been convicted of a felony, or other disqualifying offense, or been adjudicated mentally
120.30incompetent, or, if so, my voting rights have been reinstated; and I am not registering,
120.31requesting a ballot, or voting in any other jurisdiction in the United States except the
120.32jurisdiction cited in this voting form. In voting, I have marked and sealed my ballot in
120.33private and have not allowed any person to observe the marking of the ballot, except for
120.34those authorized to assist voters under state or federal law. I have not been influenced.
120.35 My signature and date below indicate when I completed this document.
121.1 The information on this form is true, accurate, and complete to the best of my
121.2knowledge. I understand that a material misstatement of fact in completion of this
121.3document may constitute grounds for a conviction for perjury."
121.4EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.
121.5 Sec. 29. Minnesota Statutes 2006, section 203B.22, is amended to read:
121.6203B.22 MAILING BALLOTS.
121.7 The county auditor shall mail the appropriate ballots, as promptly as possible, to an
121.8absent voter whose application has been recorded under section203B.19 . If the county
121.9auditor determines that a voter is not eligible to vote at the primary but will be eligible to
121.10vote at the general election, only general election ballots shall be mailed. Only one set of
121.11ballots shall be mailed to any applicant for any election, except that the county auditor
121.12may mail a replacement ballot to a voter whose ballot has been spoiled or lost in transit
121.13or whose mailing address has changed after the date on which the original application
121.14was submitted as confirmed by the county auditor. Ballots to be sent outside the United
121.15States shall be given priority in mailing. A county auditor may make use of any special
121.16service provided by the United States government for the mailing of voting materials
121.17under sections203B.16 to
203B.27 .
121.18EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.
121.19 Sec. 30. [203B.225] TRANSMITTING AND RETURNING BALLOTS.
121.20 Subdivision 1. Transmitting ballot and voter certification. Upon receipt of a
121.21properly completed application, the county auditor may electronically transmit to the voter
121.22the appropriate ballots, instructions, and affidavit form and certification of voter eligibility
121.23provided in section 203B.21, subdivision 3.
121.24 Subd. 2. Returning voted ballots. The voter must return the voted ballots and the
121.25certificate of voter eligibility to the county auditor in a sealed envelope. Upon receipt
121.26of a ballot, the county auditor must immediately compare the information provided on
121.27the absentee ballot application with the information provided on the certificate of voter
121.28eligibility. After the information on the certificate of voter eligibility has been verified,
121.29the certificate must be attached to the ballot secrecy envelope and placed with the other
121.30absentee ballots for the precinct in which the voter resides.
121.31 Subd. 3. Rejecting transmitted ballots. If the county auditor cannot verify that the
121.32ballots were returned by the same person to whom the absentee ballot application was
121.33transmitted, the ballots must be rejected and no votes on the ballots may be counted.
122.1EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.
122.2 Sec. 31. [203B.227] WRITE-IN ABSENTEE BALLOT.
122.3 An eligible voter who will be outside the territorial limits of the United States during
122.4the 180 days prior to the state general election may use the federal write-in absentee ballot
122.5to vote in any federal, state, or local election.
122.6EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.
122.7 Sec. 32. Minnesota Statutes 2006, section 203B.24, subdivision 1, is amended to read:
122.8 Subdivision 1. Check of voter eligibility; proper execution of affidavit. Upon
122.9receipt of an absentee ballot returned as provided in sections203B.16 to
203B.27 , the
122.10election judges shall compare the voter's name with the names appearing on their copy of
122.11the application records to insure that the ballot is from a voter eligible to cast an absentee
122.12ballot under sections203B.16 to
203B.27 . The election judges shall mark the return
122.13envelope "Accepted" and initial or sign the return envelope below the word "Accepted" if
122.14the election judges are satisfied that:
122.15 (1) the voter's name on the return envelope appears in substantially the same form as
122.16on the application records provided to the election judges by the county auditor;
122.17 (2) the voter has signed the federal oath prescribed pursuant to section 705(b)(2) of
122.18the Help America Vote Act, Public Law 107-252;
122.19 (3) the voter has set forth the same voter's military identification numberor, passport
122.20number, or, if those numbers do not appear, a person authorized to administer oaths under
122.21federal law or the law of the place where the oath was administered or a witness who is
122.22military personnel with a rank at or above the rank of sergeant or its equivalent has signed
122.23the ballot Minnesota driver's license or state identification card number as submitted on
122.24the application, if the voter has one of these documents; and
122.25 (4) the voter has not already voted at that election, either in person or by absentee
122.26ballot.
122.27 An absentee ballot case pursuant to sections203B.16 to
203B.27 may only be
122.28rejected for the lack of one of clauses (1) to (4). In particular, failure to place the ballot
122.29within the security envelope before placing it in the outer white envelope is not a reason to
122.30reject an absentee ballot.
122.31 Election judges must note the reason for rejection on the back of the envelope in the
122.32space provided for that purpose.
122.33 Failure to return unused ballots shall not invalidate a marked ballot, but a ballot
122.34shall not be counted if the affidavit on the return envelope is not properly executed. In
123.1all other respects the provisions of the Minnesota Election Law governing deposit and
123.2counting of ballots shall apply.
123.3EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.
123.4 Sec. 33. [203B.28] EMERGENCY POWERS.
123.5 (a) If the governor has declared an emergency and filed the declaration with the
123.6secretary of state under section 12.31, or if a natural disaster or armed conflict involving
123.7the United States Armed Forces, or mobilization of those forces, including National Guard
123.8and reserve components of this state, makes substantial compliance with the Uniformed
123.9and Overseas Citizens Absentee Voting Act impossible or unreasonable, the secretary of
123.10state may prescribe, by emergency orders, special procedures or requirements necessary to
123.11facilitate absentee voting by those citizens directly affected who otherwise are eligible
123.12to vote in this state.
123.13 (b) The secretary of state shall adopt rules describing the emergency powers and the
123.14situations in which the powers must be exercised.
123.15EFFECTIVE DATE.Paragraph (a) is effective for elections held after April 1,
123.162008. Paragraph (b) is effective the day following final enactment.
123.17 Sec. 34. Minnesota Statutes 2006, section 204B.06, subdivision 1, is amended to read:
123.18 Subdivision 1. Form of affidavit. An affidavit of candidacy shall state the name of
123.19the office sought and, except as provided in subdivision 4, shall state that the candidate:
123.20 (1) is an eligible voter;
123.21 (2) has no other affidavit on file as a candidate for any office at the same primary
123.22or next ensuing general election, except that a candidate for soil and water conservation
123.23district supervisor in a district not located in whole or in part in Anoka, Hennepin,
123.24Ramsey, or Washington County, may also have on file an affidavit of candidacy for
123.25mayor or council member of a statutory or home rule charter city of not more than 2,500
123.26population contained in whole or in part in the soil and water conservation district or for
123.27town supervisor in a town of not more than 2,500 population contained in whole or in part
123.28in the soil and water conservation district; and
123.29 (3) is, or will be on assuming the office, 21 years of age or more, and will have
123.30maintained residence in the district from which the candidate seeks election for 30 days
123.31before the general election.
124.1 An affidavit of candidacy must include a statement that the candidate's name as
124.2written on the affidavit for ballot designation is the candidate's true name or the name by
124.3which the candidate is commonly and generally known in the community.
124.4 An affidavit of candidacy for partisan office shall also state the name of the
124.5candidate's political party or political principle, stated in three words or less. Except as
124.6provided in section 204B.09, subdivision 1a, the affidavit of candidacy must include an
124.7original signature of the candidate.
124.8 Sec. 35. Minnesota Statutes 2006, section 204B.09, subdivision 1, is amended to read:
124.9 Subdivision 1. Candidates in state and county general elections. (a) Except as
124.10otherwise provided by this subdivision, affidavits of candidacy and nominating petitions
124.11for county, state, and federal offices filled at the state general election shall be filed not
124.12more than 70 days nor less than 56 days before the state primary. The affidavit may
124.13be prepared and signed at any time between 60 days before the filing period opens and
124.14the last day of the filing period.
124.15 (b) Notwithstanding other law to the contrary, the affidavit of candidacy must be
124.16signed in the presence of a notarial officer or an individual authorized to administer oaths
124.17under section358.10 .
124.18 (c) This provision does not apply to candidates for presidential elector nominated
124.19by major political parties. Major party candidates for presidential elector are certified
124.20under section208.03 . Other candidates for presidential electors may file petitions on or
124.21before the state primary day pursuant to section204B.07, but no earlier than 70 days
124.22before the state primary . Nominating petitions to fill vacancies in nominations shall be
124.23filed as provided in section204B.13 . No affidavit or petition shall be accepted later than
124.245:00 p.m. on the last day for filing.
124.25 (d) Affidavits and petitions for county officesto be voted on in only one county shall
124.26must be filed with the county auditor of that county. Affidavits and petitions for federal
124.27officesto be voted on in more than one county shall must be filed with the secretary of
124.28state. Affidavits and petitions for state offices must be filed with the secretary of state or
124.29with the county auditor of the county in which the candidate resides.
124.30 Sec. 36. Minnesota Statutes 2006, section 204B.09, subdivision 1a, is amended to read:
124.31 Subd. 1a. Absent candidates. (a) A candidate for special district, county, state,
124.32or federal office who will be absent from the state during the filing period may submit
124.33a properly executed affidavit of candidacy, the appropriate filing fee, and any necessary
124.34petitions in person to the filing officer. The candidate shall state in writing the reason for
125.1being unable to submit the affidavit during the filing period. The affidavit, filing fee,
125.2and petitions must be submitted to the filing officer during the seven days immediately
125.3preceding the candidate's absence from the state. Nominating petitions may be signed
125.4during the 14 days immediately preceding the date when the affidavit of candidacy is filed.
125.5 (b) In extraordinary circumstances beyond the candidate's control that prevent
125.6the candidate from filing an affidavit of candidacy authenticated by the candidate's
125.7handwritten or other signature meeting the requirements of section 645.44, subdivision 14,
125.8the affidavit of candidacy may be filed electronically with the secretary of state along with
125.9a written statement of the extraordinary circumstances. The affidavit and statement may be
125.10authenticated either by the electronic facsimile signature of the candidate, by an electronic
125.11signature consisting of a password assigned by the secretary of state, or by another form of
125.12electronic signature approved by the secretary of state. The secretary of state may adopt
125.13rules governing the electronic filing of an affidavit of candidacy under this paragraph.
125.14 Sec. 37. Minnesota Statutes 2006, section 204B.09, subdivision 3, is amended to read:
125.15 Subd. 3. Write-in candidates. (a) A candidate for county, state, or federal office
125.16who wants write-in votes for the candidate to be counted must file a written request with
125.17the filing office for the office sought no later than thefifth seventh day before the general
125.18election. The filing officer shall provide copies of the form to make the request.
125.19 (b) A candidate for president of the United States who files a request under this
125.20subdivision must include the name of a candidate for vice-president of the United States.
125.21The request must also include the name of at least one candidate for presidential elector.
125.22The total number of names of candidates for presidential elector on the request may not
125.23exceed the total number of electoral votes to be cast by Minnesota in the presidential
125.24election.
125.25 (c) A candidate for governor who files a request under this subdivision must include
125.26the name of a candidate for lieutenant governor.
125.27 Sec. 38. Minnesota Statutes 2006, section 204B.11, subdivision 2, is amended to read:
125.28 Subd. 2. Petition in place of filing fee. At the time of filing an affidavit of
125.29candidacy, a candidate may present a petition in place of the filing fee. The petition may be
125.30circulated from the date of precinct caucuses to the end of the period for filing affidavits of
125.31candidacy. The petition may be signed by any individual eligible to vote for the candidate.
125.32A nominating petition filed pursuant to section204B.07 or
204B.13, subdivision 4 , is
125.33effective as a petition in place of a filing fee if the nominating petition includes a prominent
125.34statement informing the signers of the petition that it will be used for that purpose.
126.1 The number of signatures on a petition in place of a filing fee shall be as follows:
126.2 (a) for a state office voted on statewide, or for president of the United States, or
126.3United States senator, 2,000;
126.4 (b) for a congressional office, 1,000;
126.5 (c) for a county or legislative office, or for the office of district judge, 500; and
126.6 (d) for any other office which requires a filing fee as prescribed by law, municipal
126.7charter, or ordinance, the lesser of 500 signatures or five percent of the total number of
126.8votes cast in the municipality, ward, or other election district at the preceding general
126.9election at which that office was on the ballot.
126.10 An official with whom petitions are filed shall make sample forms for petitions in
126.11place of filing fees available upon request.
126.12 Sec. 39. Minnesota Statutes 2006, section 204B.16, subdivision 1, is amended to read:
126.13 Subdivision 1. Authority; location. The governing body of each municipality and
126.14of each county with precincts in unorganized territory shall designate by ordinance or
126.15resolution a polling place for each election precinct. Polling places must be designated
126.16and ballots must be distributed so that no one is required to go to more than one polling
126.17place to vote in a school district and municipal election held on the same day. The polling
126.18place for a precinct in a city or in a school district located in whole or in part in the
126.19metropolitan area defined by section200.02, subdivision 24 , shall be located within the
126.20boundaries of the precinct or within3,000 feet one mile of one of those boundaries unless
126.21a single polling place is designated for a city pursuant to section204B.14, subdivision
126.222 , or a school district pursuant to section
205A.11 . The polling place for a precinct in
126.23unorganized territory may be located outside the precinct at a place which is convenient to
126.24the voters of the precinct. If no suitable place is available within a town or within a school
126.25district located outside the metropolitan area defined by section200.02, subdivision 24 ,
126.26then the polling place for a town or school district may be located outside the town or
126.27school district within five miles of one of the boundaries of the town or school district.
126.28 Sec. 40. Minnesota Statutes 2006, section 204B.21, subdivision 2, is amended to read:
126.29 Subd. 2. Appointing authority; powers and duties. Election judges for precincts
126.30in a municipality shall be appointed by the governing body of the municipality. Election
126.31judges for precincts in unorganized territory and for performing election-related duties
126.32assigned by the county auditor shall be appointed by the county board. Election judges for
126.33a precinct composed of two or more municipalities must be appointed by the governing
126.34body of the municipality or municipalities responsible for appointing election judges as
127.1provided in the agreement to combine for election purposes. Appointmentsshall may be
127.2made from lists furnished pursuant to subdivision 1 subject to the eligibility requirements
127.3and other qualifications established or authorized under section204B.19 . At least two
127.4election judges in each precinct must be affiliated with different major political parties. If
127.5no lists have been furnished or if additional election judges are requiredafter all listed
127.6names have been exhausted, the appointing authority may appoint any other individual to
127.7serve as an election judge subject to the same requirements and qualifications individuals
127.8who meet the qualifications to serve as an election judge, including persons who are not
127.9affiliated with a major political party. The appointments shall be made at least 25 days
127.10before the election at which the election judges will serve.
127.11 Sec. 41. Minnesota Statutes 2006, section 204B.21, is amended by adding a
127.12subdivision to read:
127.13 Subd. 2a. Town elections. The provisions of this section and sections 204B.19,
127.14subdivision 5; 204C.15; 204C.19; 206.83; and 206.86, subdivision 2, relating to party
127.15balance in the appointment of judges and to duties to be performed by judges of different
127.16major political parties do not apply to town elections not held in conjunction with a
127.17statewide election.
127.18 Sec. 42. [204B.445] VOTER COMPLAINT AND RESOLUTION PROCESS.
127.19 Subdivision 1. Scope. An eligible voter may file a complaint to seek the resolution
127.20of any of the following conditions that have occurred or are about to occur:
127.21 (1) voter records in the statewide registration system are not maintained by the
127.22secretary of state or a county auditor in the manner provided in chapter 201;
127.23 (2) voters are unable to register to vote in the manner provided by section 201.061;
127.24 (3) a voting system, including an electronic ballot marker, meeting the requirements
127.25of section 206.80 is not available for use by voters either casting an absentee ballot in
127.26person at the locations designated by the county auditor or local election official, or for
127.27voting at any polling place on election day; or
127.28 (4) the secretary of state, county auditor, or local election official has failed, is
127.29failing, or is about to fail to carry out a duty required by Title III of the Help America
127.30Vote Act of 2002.
127.31 A complaint against a municipal or school district clerk must be filed with the county
127.32auditor of the county in which the action has occurred or is about to occur. A complaint
127.33against a county auditor must be filed with the secretary of state. A complaint against the
127.34secretary of state must be filed with the Office of Administrative Hearings. The secretary
128.1of state shall provide a standard form for a complaint under this section. The form must
128.2provide space for the complainant to specify the legal basis for the complaint. The
128.3proceedings authorized by this section are not subject to the requirements of chapter 14.
128.4 Subd. 2. Notice of complaint. The official with whom the complaint is filed must,
128.5within seven days after the complaint was filed, provide written notice of the complaint,
128.6including a copy of the complaint, to the official against whom the complaint has been
128.7made.
128.8 Subd. 3. Response. Within 14 days after the notice of complaint is received, the
128.9official complained against must respond in writing to the complainant and state the
128.10manner in which the respondent proposes to resolve the complaint.
128.11 Subd. 4. Hearing. If the complainant believes the response does not resolve the
128.12complaint, the complainant may file, with the official with whom the complaint was filed,
128.13a request for a hearing. The request must state the objection to the response and propose
128.14to resolve the complaint in a way that is consistent with the Minnesota Election Law. If
128.15the complainant makes a request for hearing, a hearing must take place. The official with
128.16whom the complaint was filed must rule on the complaint within 14 days after the hearing.
128.17 Subd. 5. Timeline. A ruling on a complaint must be made no more than 90 days
128.18after the complaint is filed. If the official with whom the complaint was filed fails to
128.19make that ruling within 90 days after the complaint was filed, that official must provide
128.20alternative dispute resolution for the disposition of the complaint. The alternative dispute
128.21resolution process must be completed within 60 days of its commencement.
128.22 Subd. 6. Appeal. No later than 30 days after the ruling, the complainant may appeal
128.23the ruling. If the complaint was filed against a municipal clerk, school district clerk, or
128.24county auditor, the appeal must be filed with the secretary of state. If the complaint was
128.25filed against the secretary of state, the appeal must be filed with the Ramsey County
128.26District Court. The appeal must be heard within 14 days. Upon hearing the appeal, the
128.27secretary of state or district court may affirm, reverse, or modify the ruling and give
128.28appropriate instructions, as needed, to the secretary of state, county auditor, or local
128.29election official to resolve the complaint.
128.30 Subd. 7. Remedies; notice. If the official rules that there has been a violation of
128.31Title III of the Help America Vote Act of 2002, the official must provide an appropriate
128.32remedy. If the official rules that there has not been a violation, the complaint must be
128.33dismissed and the results of the process published by the official.
128.34EFFECTIVE DATE.This section is effective January 1, 2008.
128.35 Sec. 43. Minnesota Statutes 2006, section 204B.45, subdivision 2, is amended to read:
129.1 Subd. 2. Procedure. Notice of the election and the special mail procedure must be
129.2given at least six weeks prior to the election.No earlier Not more than 20 30 days or nor
129.3later than 14 days prior to the election, the auditor shall mail ballots by nonforwardable
129.4mail to all voters registered in the town or unorganized territory. No later than 14 days
129.5before the election, the auditor must make a subsequent mailing of ballots to those voters
129.6who register to vote after the initial mailing but before the 20th day before the election.
129.7Eligible voters not registered at the time the ballots are mailed may apply for ballots as
129.8provided in chapter 203B. Ballot return envelopes, with return postage provided, must be
129.9preaddressed to the auditor or clerk and the voter may return the ballot by mail or in person
129.10to the office of the auditor or clerk. The auditor or clerk may appoint election judges to
129.11examine the return envelopes and mark them "accepted" or "rejected" during the 30 days
129.12before the election. If an envelope has been rejected at least five days before the election,
129.13the ballots in the envelope must be considered spoiled ballots and the auditor or clerk shall
129.14provide the voter with a replacement ballot and return envelope in place of the spoiled
129.15ballot. The costs of the mailing shall be paid by the election jurisdiction in which the voter
129.16resides. Any ballot received by 8:00 p.m. on the day of the election must be counted.
129.17 Sec. 44. Minnesota Statutes 2006, section 204C.06, subdivision 1, is amended to read:
129.18 Subdivision 1. Lingering near polling place. An individual shall be allowed to go
129.19to and from the polling place for the purpose of voting without unlawful interference. No
129.20one except an election official or an individual who is waiting to register or to vote shall
129.21stand within 100 feet of theentrance to a polling place. The entrance to a polling place
129.22is the doorway or point of entry leading into the room or area where voting is occurring
129.23building in which a polling place is located.
129.24 Sec. 45. Minnesota Statutes 2006, section 204C.07, subdivision 3a, is amended to read:
129.25 Subd. 3a. Residence requirement. A challenger must be a resident of this state.
129.26Appointed challengers seeking admission to a polling place to serve in that capacity must
129.27prove their status as a resident of this state by presenting one of the documents listed in
129.28section 201.061, subdivision 3, paragraph (b), clauses (1) to (4). Challengers need not
129.29prove residence in the precinct in which they seek to act as a challenger.
129.30EFFECTIVE DATE.This section is effective September 1, 2007.
129.31 Sec. 46. Minnesota Statutes 2006, section 204C.07, is amended by adding a
129.32subdivision to read:
130.1 Subd. 3b. Oath to obey the law. A challenger must state under oath that the
130.2challenger understands and will abide by the laws and rules governing challengers as
130.3described in this section and in section 204C.12 and governing challenges to voters as
130.4described in section 204C.12.
130.5EFFECTIVE DATE.This section is effective September 1, 2007.
130.6 Sec. 47. Minnesota Statutes 2006, section 205.10, is amended by adding a subdivision
130.7to read:
130.8 Subd. 6. Cancellation. A special election ordered by the governing body of the
130.9municipality on its own motion under subdivision 1 may be canceled by motion of the
130.10governing body, but not less than 46 days before the election.
130.11 Sec. 48. Minnesota Statutes 2006, section 205.13, is amended by adding a subdivision
130.12to read:
130.13 Subd. 7. Write-in candidates. A candidate for a city office who wants write-in
130.14votes for the candidate to be counted must file a written request with the filing officer for
130.15the office sought no later than the seventh day before the general election. The filing
130.16officer must provide copies of the form to make the request.
130.17 Sec. 49. Minnesota Statutes 2006, section 205.16, subdivision 3, is amended to read:
130.18 Subd. 3. Sample ballot, posting. For every municipal election, the municipal clerk
130.19shall at leastfour days two weeks before the election post prepare a sample ballot for each
130.20precinct in the municipality, make them available for public inspection in the clerk's office
130.21for public inspection, and post a sample ballot in each polling place on election day.
130.22 Sec. 50. Minnesota Statutes 2006, section 205.16, subdivision 4, is amended to read:
130.23 Subd. 4. Notice to auditor. At least 53 days prior to every municipal election, the
130.24municipal clerk shall provide a written notice to the county auditor, including the date of
130.25the election, the offices to be voted on at the election, and the title and language for each
130.26ballot question to be voted on at the election. Not less than 46 days before the election, the
130.27municipal clerk must provide written notice to the county auditor of any special election
130.28canceled under section 205.10, subdivision 6.
130.29 Sec. 51. Minnesota Statutes 2006, section 205A.05, is amended by adding a
130.30subdivision to read:
131.1 Subd. 3. Cancellation. A special election ordered by the school board on its own
131.2motion under subdivision 1 may be canceled by motion of the school board, but not less
131.3than 46 days before the election.
131.4 Sec. 52. Minnesota Statutes 2006, section 205A.07, subdivision 3, is amended to read:
131.5 Subd. 3. Notice to auditor. At least 53 days prior to every school district election,
131.6the school district clerk shall provide a written notice to the county auditor of each county
131.7in which the school district is located. The notice must include the date of the election, the
131.8offices to be voted on at the election, and the title and language for each ballot question to
131.9be voted on at the election. For the purposes of meeting the timelines of this section, in
131.10a bond election, a notice, including a proposed question, may be provided to the county
131.11auditor prior to receipt of a review and comment from the commissioner of education and
131.12prior to actual initiation of the election. Not less than 46 days before the election, the
131.13school district clerk must provide written notice to the county auditor of any special
131.14election canceled under section 205A.05, subdivision 3.
131.15 Sec. 53. Minnesota Statutes 2006, section 205A.07, subdivision 3a, is amended to read:
131.16 Subd. 3a. Notice to commissioner of education. At least 49 days prior to every
131.17school district election, under section123B.62 ,
123B.63 ,
126C.17 ,
126C.69 , or
475.58 ,
131.18the school district clerk shall provide a written notice to the commissioner of education.
131.19The notice must include the date of the election and the title and language for each ballot
131.20question to be voted on at the election. Not less than 46 days before the election, the
131.21school district clerk must provide a written notice to the commissioner of education of
131.22any special election canceled under section 205A.05, subdivision 3. The certified vote
131.23totals for each ballot question shall be provided in a written notice to the commissioner
131.24in a timely manner.
131.25 Sec. 54. Minnesota Statutes 2006, section 205A.10, subdivision 2, is amended to read:
131.26 Subd. 2. Election, conduct. A school district election must be by secret ballot and
131.27must be held and the returns made in the manner provided for the state general election, as
131.28far as practicable. The vote totals from an absentee ballot board established pursuant to
131.29section203B.13 may be tabulated and reported by the school district as a whole rather
131.30than by precinct. For school district elections not held in conjunction with a statewide
131.31election, the school board shall appoint election judges as provided in section204B.21,
131.32subdivision 2 . The provisions of sections
204B.19, subdivision 5 ;
204B.21, subdivision 2;
131.33204C.15 ;
204C.19 ; 206.64, subdivision 2;
206.83 ; and
206.86, subdivision 2 , relating to
132.1party balance in appointment of judges and to duties to be performed by judges of different
132.2major political parties do not apply to school district elections not held in conjunction
132.3with a statewide election.
132.4 Sec. 55. Minnesota Statutes 2006, section 206.57, subdivision 5, is amended to read:
132.5 Subd. 5. Voting system for disabled voters. In federal and state elections held after
132.6December 31, 2005,and in county, municipal city, and school district elections held after
132.7December 31, 2007, and in township elections held after December 31, 2009, the voting
132.8method used in each polling place must include a voting system that is accessible for
132.9individuals with disabilities, including nonvisual accessibility for the blind and visually
132.10impaired in a manner that provides the same opportunity for access and participation,
132.11including privacy and independence, as for other voters.
132.12 Sec. 56. Minnesota Statutes 2006, section 206.89, subdivision 1, is amended to read:
132.13 Subdivision 1. Definition. For purposes of this section "postelection review official"
132.14means theelection administration official who is responsible for the conduct of elections
132.15in a precinct selected for review under this section. county auditor, unless the county
132.16auditor designates the municipal clerk as the "postelection review official" within 24 hours
132.17after the canvass of the state general election.
132.18 Sec. 57. Minnesota Statutes 2006, section 206.89, subdivision 5, is amended to read:
132.19 Subd. 5. Additional review. (a) If the postelection review in one of the reviewed
132.20precincts reveals a difference greater than one-half of one percent, or greater than two
132.21votes in a precinct where 400 or fewer voters cast ballots, the postelection review official
132.22must, within two days, conduct an additional review of the races indicated in subdivision 3
132.23in at least three precincts in the same jurisdiction where the discrepancy was discovered. If
132.24all precincts in that jurisdiction have been reviewed, the county auditor must immediately
132.25publicly select by lot at least three additional precincts for review. The postelection review
132.26official must complete the additional review within two days after the precincts are
132.27selected and report the results immediately to the county auditor. If the second review in
132.28any of the reviewed precincts also indicates a difference in the vote totals compiled by the
132.29voting system that is greater than one-half of one percent from the result indicated by the
132.30postelection review, or greater than two votes in a precinct where 400 or fewer voters cast
132.31ballots, the county auditor must conduct a review of the ballots from all the remaining
132.32precincts in the county for the races indicated in subdivision 3. This review must be
132.33completed no later than six weeks after the state general election.
133.1 (b) If the results from the countywide reviews from one or more counties comprising
133.2in the aggregate more than ten percent of the total number of persons voting in the election
133.3clearly indicate that an error in vote counting has occurred, the postelection review official
133.4must conduct a manual recount of all the ballots in the district for the affected office. The
133.5recount must be completed and the results reported to the appropriate canvassing board no
133.6later than ten weeks after the state general election.
133.7 Sec. 58. Minnesota Statutes 2006, section 211A.02, subdivision 2, is amended to read:
133.8 Subd. 2. Information required. The report to be filed by a candidate or committee
133.9must include:
133.10 (1) the name of the candidate or ballot question;
133.11 (2) the printed nameand, address, telephone number, signature, and e-mail address,
133.12if available, of the person responsible for filing the report;
133.13 (3) the total amount of receipts and expenditures for the period from the last previous
133.14report to five days before the current report is due;
133.15 (4) the amount, date, and purpose for each expenditure; and
133.16 (5) the name, address, and employer, or occupation if self-employed, of any
133.17individual or committee that during the year has made one or more contributions that in the
133.18aggregate are equal to or greater than $100, and the amount and date of each contribution.
133.19The filing officer must restrict public access to the address of any individual who has made
133.20a contribution equal to or greater than $100 and who has filed with the filing officer a
133.21written statement signed by the individual that withholding the individual's address from
133.22the financial report is required for the safety of the individual or the individual's family.
133.23 Sec. 59. Minnesota Statutes 2006, section 211A.05, subdivision 1, is amended to read:
133.24 Subdivision 1. Penalty. A candidate who intentionally fails to file a report required
133.25by section211A.02 or a certification required by this section is guilty of a misdemeanor.
133.26The treasurer of a committee formed to promote or defeat a ballot question who
133.27intentionally fails to file a report required by section211A.02 or a certification required
133.28by this section is guilty of a misdemeanor. Each candidate or treasurer of a committee
133.29formed to promote or defeat a ballot question shall certify to the filing officer that all
133.30reports required by section211A.02 have been submitted to the filing officer or that the
133.31candidate or committee has not received contributions or made disbursements exceeding
133.32$750 in the calendar year. The certification shall be submitted to the filing officer no
133.33later than seven days after the general or special election. The secretary of state shall
133.34prepare blanks for this certification. An officer who issues a certificate of election to a
134.1candidate who has not certified that all reports required by section211A.02 have been
134.2filed is guilty of a misdemeanor.
134.3 Sec. 60. Minnesota Statutes 2006, section 211B.03, is amended to read:
134.4211B.03 USE OF THE TERM REELECT.
134.5 (a) A person or candidate may not use the term "reelect" in a campaign for elective
134.6office unless the candidate is the incumbent of that office. If the incumbent is seated in
134.7that office but was not elected to the office in a general or special election, the incumbent
134.8may not use the term "reelect."
134.9 (b) In the event of redistricting, a person or candidate may not, in the event of
134.10redistricting, use the term "reelect" in a campaign for elective office unless the candidate is
134.11the incumbent of that office and the office represents any part of the new district.
134.12 (c) For purposes of this section, "incumbent" means the individual currently seated
134.13in the office for which the election will be held, as of the last day of filing as a candidate
134.14for election to that office.
134.15 Sec. 61. Minnesota Statutes 2006, section 211B.11, subdivision 1, is amended to read:
134.16 Subdivision 1. Soliciting near polling places. A person may not display campaign
134.17material, post signs, ask, solicit, or in any manner try to induce or persuade a voter within
134.18a polling place or within 100 feet of the building in which a polling place issituated, or
134.19anywhere on the public property on which a polling place is situated located, on primary
134.20or election day to vote for or refrain from voting for a candidate or ballot question. A
134.21person may not provide political badges, political buttons, or other political insignia to be
134.22worn at or about the polling place on the day of a primary or election. A political badge,
134.23political button, or other political insignia may not be worn at or about the polling place on
134.24primary or election day. This section applies to areas established by the county auditor or
134.25municipal clerk for absentee voting as provided in chapter 203B.
134.26 The secretary of state, county auditor, municipal clerk, or school district clerk may
134.27provide stickers which contain the words "I VOTED" and nothing more. Election judges
134.28may offer a sticker of this type to each voter who has signed the polling place roster.
134.29 Sec. 62. Minnesota Statutes 2006, section 325L.03, is amended to read:
134.30325L.03 SCOPE.
134.31 (a) Except as otherwise provided in paragraphs (b) and (e), this chapter applies to
134.32electronic records and electronic signatures relating to a transaction.
134.33 (b) This chapter does not apply to a transaction to the extent it is governed by:
135.1 (1) the Uniform Commercial Code other than section336.1-306 , article 2, and
135.2article 2A; and
135.3 (2) section145C.03, subdivision 1 , relating to requirements for creation of a health
135.4care directive; section507.24 , relating to requirements for recording any conveyance,
135.5power of attorney, or other instrument affecting real estate; section523.23, subdivision
135.63 , relating to requirements for creation of a statutory short form power of attorney; and
135.7section253B.03, subdivision 6b , relating to requirements for creation of a declaration of
135.8preferences or instructions regarding intrusive mental health treatment.
135.9 (c) This chapter applies to an electronic record or electronic signature otherwise
135.10excluded from the application of this chapter under paragraph (b) to the extent it is
135.11governed by a law other than those specified in paragraph (b).
135.12 (d) A transaction subject to this chapter is also subject to other applicable substantive
135.13law.
135.14 (e) This chapter does not apply to the creation and execution of wills, codicils, or
135.15trusts other than trusts relating to the conduct of business, commercial, or governmental
135.16purposes.
135.17 (f) Except as provided in section 204B.09, subdivision 1a, this chapter does not
135.18apply to affidavits of candidacy relating to the conduct of elections.
135.19 Sec. 63. Minnesota Statutes 2006, section 375.101, subdivision 1, is amended to read:
135.20 Subdivision 1. Option for filling vacancies; election in 30 to 60 days. Except as
135.21provided in subdivision 3, a vacancy in the office of county commissionershall may be
135.22filled as provided in this subdivision and subdivision 2, or as provided in subdivision 4. If
135.23the vacancy is to be filled under this subdivision and subdivision 2, it must be filled at a
135.24special election not less than 30 nor more than60 90 days after the vacancy occurs. The
135.25special primary or special election may be held on the same day as a regular primary or
135.26regular election but the special election shall be held not less than 14 days after the special
135.27primary. The person elected at the special election shall take office immediately after
135.28receipt of the certificate of election and upon filing the bond and taking the oath of office
135.29and shall serve the remainder of the unexpired term. If the county has been reapportioned
135.30since the commencement of the term of the vacant office, the election shall be based
135.31on the district as reapportioned.
135.32EFFECTIVE DATE.This section is effective the day following final enactment.
135.33 Sec. 64. Minnesota Statutes 2006, section 375.101, is amended by adding a subdivision
135.34to read:
136.1 Subd. 4. Option for filling vacancies; appointment. Except as provided in
136.2subdivision 3, and as an alternative to the procedure provided in subdivisions 1 and 2, any
136.3other vacancy in the office of county commissioner may be filled by board appointment at
136.4a regular or special meeting. The appointment shall be evidenced by a resolution entered
136.5in the minutes and shall continue until an election is held under this subdivision. All
136.6elections to fill vacancies shall be for the unexpired term. If the vacancy occurs before the
136.7first day to file affidavits of candidacy for the next county general election and more than
136.8two years remain in the unexpired term, a special election shall be held in conjunction
136.9with the county general election. The appointed person shall serve until the qualification
136.10of the successor elected to fill the unexpired part of the term at that special election. If the
136.11vacancy occurs on or after the first day to file affidavits of candidacy for the county general
136.12election, or when less than two years remain in the unexpired term, there shall be no special
136.13election to fill the vacancy and the appointed person shall serve the remainder of the
136.14unexpired term and until a successor is elected and qualifies at the county general election.
136.15EFFECTIVE DATE.This section is effective the day following final enactment.
136.16 Sec. 65. Minnesota Statutes 2006, section 410.12, subdivision 1, is amended to read:
136.17 Subdivision 1. Proposals. The charter commission may propose amendments to
136.18such charter and shall do so upon the petition of voters equal in number to five percent of
136.19the total votes cast at the last previous state general election in the city. Proposed charter
136.20amendments must be submitted at least 12 weeks before the general election. Petitions
136.21may be signed no earlier than 26 weeks before the general election. Only registered
136.22voters are eligible to sign the petition. All petitions circulated with respect to a charter
136.23amendment shall be uniform in character and shall have attached thereto the text of the
136.24proposed amendment in full; except that in the case of a proposed amendment containing
136.25more than 1,000 words, a true and correct copy of the same may be filed with the city
136.26clerk, and the petition shall then contain a summary of not less than 50 nor more than 300
136.27words setting forth in substance the nature of the proposed amendment. Such summary
136.28shall contain a statement of the objects and purposes of the amendment proposed and an
136.29outline of any proposed new scheme or frame work of government and shall be sufficient
136.30to inform the signers of the petition as to what change in government is sought to be
136.31accomplished by the amendment. The summary, together with a copy of the proposed
136.32amendment, shall first be submitted to the charter commission for its approval as to form
136.33and substance. The commission shall within ten days after such submission to it, return
136.34the same to the proposers of the amendment with such modifications in statement as it
137.1may deem necessary in order that the summary may fairly comply with the requirements
137.2above set forth.
137.3 Sec. 66. Minnesota Statutes 2006, section 447.32, subdivision 4, is amended to read:
137.4 Subd. 4. Candidates; ballots; certifying election. A person who wants to be a
137.5candidate for the hospital board shall file an affidavit of candidacy for the election either
137.6as member at large or as a member representing the city or town where the candidate
137.7resides. The affidavit of candidacy must be filed with the city or town clerk not more than
137.870 days nor less than 56 days before the first Tuesday after the first Monday in November
137.9of the year in which the general election is held. The city or town clerk must forward the
137.10affidavits of candidacy to the clerk of the hospital district or, for the first election, the clerk
137.11of the most populous city or town immediately after the last day of the filing period. A
137.12candidate may withdraw from the election by filing an affidavit of withdrawal with the
137.13clerk of the district no later than 5:00 p.m. two days after the last day to file affidavits
137.14of candidacy. A candidate for a hospital district office who wants write-in votes for the
137.15candidate to be counted must file a written request with the filing officer for the office
137.16sought no later than the seventh day before the general election. The filing officer must
137.17provide copies of the form to make the request.
137.18 Voting must be by secret ballot. The clerk shall prepare, at the expense of the
137.19district, necessary ballots for the election of officers. Ballots must be printed on tan paper
137.20and prepared as provided in the rules of the secretary of state. The ballots must be marked
137.21and initialed by at least two judges as official ballots and used exclusively at the election.
137.22Any proposition to be voted on may be printed on the ballot provided for the election
137.23of officers. The hospital board may also authorize the use of voting systems subject to
137.24chapter 206. Enough election judges may be appointed to receive the votes at each
137.25polling place. The election judges shall act as clerks of election, count the ballots cast,
137.26and submit them to the board for canvass.
137.27 After canvassing the election, the board shall issue a certificate of election to the
137.28candidate who received the largest number of votes cast for each office. The clerk shall
137.29deliver the certificate to the person entitled to it in person or by certified mail. Each person
137.30certified shall file an acceptance and oath of office in writing with the clerk within 30
137.31days after the date of delivery or mailing of the certificate. The board may fill any office
137.32as provided in subdivision 1 if the person elected fails to qualify within 30 days, but
137.33qualification is effective if made before the board acts to fill the vacancy.
137.34 Sec. 67. AUTOMATIC REGISTRATION.
138.1 An applicant for a Minnesota driver's license, instruction permit, or identification
138.2card must not be automatically registered to vote under Minnesota Statutes, section
138.3201.161, until the secretary of state has certified that the system for automatic registration
138.4of those applicants has been tested and shown to properly determine whether an applicant
138.5is eligible to vote.
138.6 Sec. 68. REPEALER.
138.7(a) Minnesota Statutes 2006, sections 201.061, subdivision 7; 201.096; 203B.02,
138.8subdivision 1a; and 203B.13, subdivision 3a, are repealed.
138.9(b) Minnesota Statutes 2006, section 203B.04, subdivision 5, is repealed effective
138.10April 1, 2008.
138.11(c) Minnesota Statutes 2006, section 200.04, is repealed effective January 1, 2008.
138.14 Section 1. Minnesota Statutes 2006, section 103C.305, subdivision 3, is amended to
138.15read:
138.16 Subd. 3. Ballots. Ballots shall be prepared by the county auditor. The names of
138.17candidates shall be placed on the "canary ballot" described in section204D.11, subdivision
138.183 . The office title printed on the ballot must be either "Soil and Water Conservation
138.19District Supervisor" or "Conservation District Supervisor," based upon the district from
138.20which the supervisor is to be elected.
138.21 Sec. 2. Minnesota Statutes 2006, section 201.054, subdivision 1, is amended to read:
138.22 Subdivision 1. Registration. An individual may register to vote:
138.23 (1) at any time before the 20th day preceding any election as provided in section
138.24201.061, subdivision 1
;
138.25 (2) on the day of an election as provided in section201.061, subdivision 3 ; or
138.26 (3) when submitting an absentee ballot, by enclosing a completed registrationcard
138.27application as provided in section203B.04, subdivision 4 .
138.28 Sec. 3. Minnesota Statutes 2006, section 201.061, subdivision 4, is amended to read:
138.29 Subd. 4. Registration by election judges; procedures. Registration at the polling
138.30place on election day shall be conducted by the election judges. The election judge who
138.31registers an individual at the polling place on election day shall not handle that voter's
138.32ballots at any time prior to the opening of the ballot box after the voting ends. Registration
139.1cards applications and forms for oaths shall be available at each polling place. If an
139.2individual who registers on election day proves residence by oath of a registered voter, the
139.3form containing the oath shall be attached to the individual's registrationcard application.
139.4Registrationcards applications completed on election day shall be forwarded to the
139.5county auditor who shall add the name of each voter to the registration system unless the
139.6information forwarded is substantially deficient. A county auditor who finds an election
139.7day registration substantially deficient shall give written notice to the individual whose
139.8registration is found deficient. An election day registration shall not be found deficient
139.9solely because the individual who provided proof of residence was ineligible to do so.
139.10 Sec. 4. Minnesota Statutes 2006, section 201.071, subdivision 3, is amended to read:
139.11 Subd. 3. Deficient registration. No voter registration application is deficient if it
139.12contains the voter's name, address, date of birth, current and valid Minnesota driver's
139.13license number or Minnesota state identification number, or if the voter has no current and
139.14valid Minnesota driver's license or Minnesota state identification number, the last four
139.15digits of the voter's Social Security number, if the voter has been issued a Social Security
139.16number, prior registration, if any, and signature. The absence of a zip code number does
139.17not cause the registration to be deficient. Failure to check a box on an application form
139.18that a voter has certified to be true does not cause the registration to be deficient. The
139.19election judges shall request an individual to correct a voter registration application if it is
139.20deficient or illegibleor if the name or number of the voter's school district is missing or
139.21obviously incorrect. No eligible voter may be prevented from voting unless the voter's
139.22registration application is deficient or the voter is duly and successfully challenged in
139.23accordance with section201.195 or
204C.12 .
139.24 A voter registration application accepted prior to August 1, 1983, is not deficient
139.25for lack of date of birth. The county or municipality may attempt to obtain the date of
139.26birth for a voter registration application accepted prior to August 1, 1983, by a request to
139.27the voter at any time except at the polling place. Failure by the voter to comply with this
139.28request does not make the registration deficient.
139.29 A voter registration application accepted before January 1, 2004, is not deficient for
139.30lack of a valid Minnesota driver's license or state identification number or the last four
139.31digits of a Social Security number. A voter registration application submitted by a voter
139.32who does not have a Minnesota driver's license or state identification number, or a Social
139.33Security number, is not deficient for lack of any of these numbers.
139.34 Sec. 5. Minnesota Statutes 2006, section 201.071, subdivision 4, is amended to read:
140.1 Subd. 4. Change of registration.Any A county auditor who receives a registration
140.2card application indicating that an individual was previously registered in a different
140.3county in Minnesota shallnotify the county auditor of that county update the voter's
140.4record electronically through the statewide registration system in the manner prescribed
140.5in the rules of by the secretary of state. A county auditor receiving a registration card
140.6indicating that a voter was previously registered in a different precinct in the same county
140.7or receiving a notification as provided in this subdivision shall remove that individual's
140.8voter registration card from the files. Any A county auditor who receives a registration
140.9card application or notification requiring a change of registration records under this
140.10subdivision as a result of an election day registration shall also check the statewide
140.11registration system to determine whether the individual voted in more than one precinct in
140.12the most recent election.
140.13 Sec. 6. Minnesota Statutes 2006, section 201.081, is amended to read:
140.14201.081 REGISTRATION FILES.
140.15 The statewide registration system is the official record of registered voters. The
140.16voter registrationcards applications and the terminal providing access to the statewide
140.17registration system must be under the control of the county auditor or the public official to
140.18whom the county auditor has delegated the responsibility for maintaining voter registration
140.19records. The voter registrationcards applications and terminals providing access to the
140.20statewide registration system must not be removed from the control of the county auditor
140.21except as provided in this subdivision. The county auditor may make photographic copies
140.22of voter registrationcards applications in the manner provided by section
138.17 .
140.23 A properly completed voter registrationcard application that has been submitted to
140.24the secretary of state or a county auditor must be maintained by the secretary of state or
140.25the county auditor for at least 22 months after the date that the information on thecard
140.26application is entered into the database of the statewide registration system. The secretary
140.27of state or the county auditor may dispose of thecards applications after retention for 22
140.28months in the manner provided by section138.17 .
140.29 Sec. 7. Minnesota Statutes 2006, section 201.091, subdivision 1, is amended to read:
140.30 Subdivision 1. Master list. Each county auditor shall prepare and maintain a
140.31current list of registered voters in each precinct in the county which is known as the
140.32master list. The master list must be created by entering each completed voter registration
140.33card application received by the county auditor into the statewide registration system. It
140.34must show the name, residence address, and date of birth of each voter registered in
141.1the precinct. The information contained in the master list may only be made available
141.2to public officials for purposes related to election administration, jury selection, and in
141.3response to a law enforcement inquiry concerning a violation of or failure to comply with
141.4any criminal statute or state or local tax statute.
141.5 Sec. 8. Minnesota Statutes 2006, section 201.091, subdivision 8, is amended to read:
141.6 Subd. 8. Registration places. Each county auditor shall designate a number of
141.7public buildings in those political subdivisions of the county where preregistration of
141.8voters is allowed as provided in section201.061, subdivision 1 , where eligible voters may
141.9register to vote. At least one public building must be designated for each 30,000 residents
141.10of the county. At least one telecommunications device for the deaf must be available for
141.11voter registration information in each county seat and in every city of the first, second,
141.12and third class.
141.13 An adequate supply of registrationcards applications and instructions must be
141.14maintained at each designated location, and a designated individual must be available
141.15there to accept registrationcards applications and transmit them to the county auditor.
141.16 A person who, because of disability, needs assistance in order to determine eligibility
141.17or to register must be assisted by a designated individual. Assistance includes but is not
141.18limited to reading the registration form and instructions and filling out the registration
141.19form as directed by the eligible voter.
141.20 Sec. 9. Minnesota Statutes 2006, section 201.27, subdivision 1, is amended to read:
141.21 Subdivision 1. Intentional violation. No officer, deputy, clerk, or other employee
141.22shall intentionally:
141.23 (1) fail to perform or enforce any of the provisions of this chapter except subdivision
141.242;
141.25 (2) remove a registrationcard application or record from its proper place in the
141.26registration files in a manner or for a purpose not authorized by law;
141.27 (3) destroy or make an unauthorized change to a record required to be kept by
141.28this chapter; or
141.29 (4) add a name or names to the voter registration files, records, or cards, except as
141.30authorized by law.
141.31 An individual who violates this subdivision is guilty of a felony.
141.32 Sec. 10. Minnesota Statutes 2006, section 203B.04, subdivision 1, is amended to read:
142.1 Subdivision 1. Application procedures. Except as otherwise allowed by
142.2subdivision 2 or by section 203B.11, subdivision 4, an application for absentee ballots
142.3for any election may be submitted at any time not less than one day before the day of
142.4that election. The county auditor shall prepare absentee ballot application forms in the
142.5format provided by the secretary of state, notwithstanding rules on absentee ballot forms,
142.6and shall furnish them to any person on request. By January 1 of each even-numbered
142.7year, the secretary of state shall make the forms to be used available to auditors through
142.8electronic means. An application submitted pursuant to this subdivision shall be in writing
142.9and shall be submitted to:
142.10 (a) the county auditor of the county where the applicant maintains residence; or
142.11 (b) the municipal clerk of the municipality, or school district if applicable, where
142.12the applicant maintains residence.
142.13 An application shall be approved if it is timely received, signed and dated by the
142.14applicant, contains the applicant's name and residence and mailing addresses, and states
142.15that the applicant is eligible to vote by absentee ballot for one of the reasons specified in
142.16section203B.02 . The application may contain a request for the voter's date of birth, which
142.17must not be made available for public inspection. An application may be submitted to
142.18the county auditor or municipal clerk by an electronic facsimile device. An application
142.19mailed or returned in person to the county auditor or municipal clerk on behalf of a voter
142.20by a person other than the voter must be deposited in the mail or returned in person to
142.21the county auditor or municipal clerk within ten days after it has been dated by the voter
142.22and no later than six days before the election. The absentee ballot applications or a list of
142.23persons applying for an absentee ballot may not be made available for public inspection
142.24until the close of voting on election day.
142.25 An application under this subdivision may contain an application under subdivision
142.265 to automatically receive an absentee ballot application.
142.27 Sec. 11. Minnesota Statutes 2006, section 203B.04, subdivision 4, is amended to read:
142.28 Subd. 4. Registration at time of application. An eligible voter who is not
142.29registered to vote but who is otherwise eligible to vote by absentee ballot may register by
142.30including a completed voter registrationcard application with the absentee ballot. The
142.31individual shall present proof of residence as required by section201.061, subdivision
142.323 , to the individual who witnesses the marking of the absentee ballots. A military voter,
142.33as defined in section203B.01 , may register in this manner if voting pursuant to sections
142.34203B.04
to
203B.15 , or may register pursuant to sections
203B.16 to
203B.27 .
143.1 Sec. 12. Minnesota Statutes 2006, section 203B.05, subdivision 2, is amended to read:
143.2 Subd. 2. City, school district, and town elections. For city, town, and school
143.3district elections not held on the same day as a statewide election,for school district
143.4elections not held on the same day as a statewide election, and for town elections
143.5conducted under the Australian ballot system, applications for absentee ballots shall be
143.6filed with the city, school district, or town clerk and the duties prescribed by this chapter for
143.7the county auditor shall be performed by the city, school district, or town clerk unless the
143.8county auditor agrees to perform those duties on behalf of the city, school district, or town
143.9clerk. The costs incurred to provide absentee ballots and perform the duties prescribed by
143.10this subdivision shall be paid by the city, town, or school district holding the election.
143.11 Notwithstanding any other law, this chapter applies to school district elections held
143.12on the same day as a statewide election or an election for a county or municipality wholly
143.13or partially within the school district.
143.14 Sec. 13. Minnesota Statutes 2006, section 203B.07, subdivision 1, is amended to read:
143.15 Subdivision 1. Delivery of envelopes, directions. The county auditor or the
143.16municipal clerk shall prepare, print, and transmit a return envelope, a ballot envelope, and
143.17a copy of the directions for casting an absentee ballot to each applicant whose application
143.18for absentee ballots is accepted pursuant to section203B.04 . The directions for casting
143.19an absentee ballot shall be printed in at least 14-point bold type with heavy leading and
143.20may be printed on the ballot envelope. When a person requests the directions in Braille
143.21or on cassette tape, the county auditor or municipal clerk shall provide them in the form
143.22requested. The secretary of state shall prepare Braille and cassette copies and make them
143.23available.
143.24 When a voter registrationcard application is sent to the applicant as provided in
143.25section203B.06, subdivision 4 , the directions or registration card application shall include
143.26instructions for registering to vote.
143.27 Sec. 14. Minnesota Statutes 2006, section 203B.08, subdivision 3, is amended to read:
143.28 Subd. 3. Procedures on receipt of ballots. When absentee ballots are returned to a
143.29county auditor or municipal clerk, that official shall stamp or initial and date the return
143.30envelopewith an official seal of the office and place it in a secure location with other
143.31return envelopes received by that office. The county auditor or municipal clerk shall
143.32deliver to the appropriate election judges on election day all ballots received before or
143.33with the last mail delivery by the United States Postal Service on election day. A town
144.1clerk may request the United States Postal Service to deliver absentee ballots to the polling
144.2place on election day instead of to the official address of the town clerk.
144.3 Sec. 15. Minnesota Statutes 2006, section 203B.10, is amended to read:
144.4203B.10 DELIVERY OF ABSENTEE BALLOT APPLICATIONS TO
144.5ELECTION JUDGES.
144.6 (a) On the day before an election:
144.7(a) (1) the county auditor shall deliver to the municipal clerks within that county
144.8the applications for absentee ballots theretofore received and endorsed as provided in
144.9section203B.06, subdivision 5 ; and
144.10(b) (2) the municipal clerks shall deliver the applications received from the county
144.11auditor and the applications for absentee ballots filed with their respective offices and
144.12endorsed as provided in section203B.06, subdivision 5 , to the appropriate election
144.13judges. Applications received on election day pursuant to section203B.04, subdivision
144.142 , shall be promptly delivered to the election judges in the precincts or to the judges of
144.15an absentee ballot board.
144.16 (b) Delivery of the applications to the municipal clerks and election judges in the
144.17precinct is not required if the absentee ballot envelopes have been accepted or rejected
144.18by an absentee ballot board pursuant to section 203B.13.
144.19 Sec. 16. Minnesota Statutes 2006, section 204B.06, subdivision 8, is amended to read:
144.20 Subd. 8. Proof of eligibility. A candidate for judicial office or for the office of
144.21county attorney shall submit with the affidavit of candidacy proof that the candidate is
144.22licensed to practice law in this state. Proof means providing a copy of a current attorney
144.23license.
144.24 A candidate for county sheriff shall submit with the affidavit of candidacy proof of
144.25licensure as a peace officer in this state. Proof means providing a copy of a current Peace
144.26Officer Standards and Training Board license.
144.27 Sec. 17. Minnesota Statutes 2006, section 204B.08, subdivision 3, is amended to read:
144.28 Subd. 3. Number of signatures. The number of signatures required on a
144.29nominating petition shall be as follows:
144.30 (a) for a federal or state office voted on statewideor for United States senator, one
144.31percent of the total number of individuals voting in the state at the last preceding state
144.32general election, or 2,000, whichever is less;
145.1 (b) for a congressional office, five percent of the total number of individuals voting
145.2in the district at the last preceding state general election, or 1,000, whichever is less;
145.3 (c) for a county or legislative office, ten percent of the total number of individuals
145.4voting in the county or legislative district at the last preceding state or county general
145.5election, or 500, whichever is less;
145.6 (d) for a municipal office in a city of the first class, the number specified in section
145.7205.121
; and
145.8 (e) for any other municipal or school district office, ten percent of the total number
145.9of individuals voting in the municipality, ward, school district, or other election district
145.10at the last preceding municipal, or school district if applicable, general election, or 500,
145.11whichever is less.
145.12 Sec. 18. Minnesota Statutes 2006, section 205A.10, subdivision 1, is amended to read:
145.13 Subdivision 1. Materials, ballots. The school district clerk shall prepare and have
145.14printed the necessary election materials, including ballots, for a school district election.
145.15Thename of each candidate for office shall be rotated with the names of the other
145.16candidates for the same office so that the name of each candidate appears substantially
145.17an equal number of times at the top, at the bottom, and at each intermediate place in the
145.18group of candidates for that office names must be arranged on school district ballots in the
145.19manner provided in section 204D.08, subdivision 3, for state elections.
145.20 Sec. 19. Minnesota Statutes 2006, section 205A.11, subdivision 2, is amended to read:
145.21 Subd. 2. Combined polling place. When no other election is being held in two or
145.22more precincts on the day of a school district election, the school board may designate
145.23one or more combined polling places at which the voters in those precincts may vote in
145.24the school district election. In school districts that have organized into separate board
145.25member election districts under section 205A.12, a combined polling place for a school
145.26general election must be arranged so that it does not include more than one board member
145.27election district.
145.28 Sec. 20. Minnesota Statutes 2006, section 206.82, subdivision 2, is amended to read:
145.29 Subd. 2. Plan.(a) Subject to paragraph (b), The municipal clerk in a municipality
145.30where an electronic voting system is used and the county auditor of a county in which an
145.31electronic voting system is used in more than one municipality and the county auditor of
145.32a county in which a counting center serving more than one municipality is located shall
145.33prepare a plan which indicates acquisition of sufficient facilities, computer time, and
146.1professional services and which describes the proposed manner of complying with section
146.2206.80
. The plan must be signed, notarized, and submitted to the secretary of state more
146.3than 60 days before the first election at which the municipality uses an electronic voting
146.4system. Prior to July 1 of each subsequent general election year, the clerk or auditor
146.5shall submit to the secretary of state notification of any changes to the plan on file with
146.6the secretary of state. The secretary of state shall review each plan for its sufficiency and
146.7may request technical assistance from the Department of Administration or other agency
146.8which may be operating as the central computer authority. The secretary of state shall
146.9notify each reporting authority of the sufficiency or insufficiency of its plan within 20 days
146.10of receipt of the plan. The attorney general, upon request of the secretary of state, may
146.11seek a district court order requiring an election official to fulfill duties imposed by this
146.12subdivision or by rules promulgated pursuant to this section.
146.13(b) Systems implemented by counties and municipalities in calendar year 2006 are
146.14exempt from paragraph (a) and section
206.58, subdivision 4, if:
146.15(1) the municipality has fewer than 10,000 residents; and
146.16(2) a valid county plan was filed by the county auditor of the county in which the
146.17municipality is located.
146.18 Sec. 21. Laws 2004, chapter 293, article 1, section 37, subdivision 2, is amended to
146.19read:
146.20 Subd. 2. Social security number. A voter must not be included on the list of voters
146.21prepared under Minnesota Statutes, section201.121, subdivision 1 , whose registration is
146.22incomplete because of a failure to match the last four digits of the voter's Social Security
146.23number until the commissioner of public safety has:
146.24 (1) entered into an agreement with the commissioner of the Social Security
146.25Administration under Minnesota Statutes, section201.1615 , regarding the use of the last
146.26four digits of a Social Security number to verify voter registration information;
146.27(2) assembled a complete and current database of the last four digits of the Social
146.28Security number of each resident of this state as maintained by the Social Security
146.29Administration; and
146.30(3) (2) certified, along with the secretary of state, that the voter registration system
146.31has been tested and shown to properly verify the last four digits of a voter's Social
146.32Security number.
1.3and administrative expenses of state government; regulating state and local
1.4government operations; establishing the Minnesota Office on Ethnic Heritage
1.5and New Americans and the Minnesota Legislative Commission on Terrorism
1.6and Disaster Preparedness; creating the position of poet laureate; defining
1.7domestic partner; ratifying labor agreements and compensation plans; providing
1.8for continuing appropriations in certain circumstances; providing compensation
1.9for a period of partial government shutdown; creating a trust for postemployment
1.10benefits; regulating elections and voter registration; establishing a gratuity
1.11payment for certain Teacher Retirement Association members; authorizing
1.12rulemaking;amending Minnesota Statutes 2006, sections 3.85, subdivision 3;
1.133.9741, subdivision 1; 5.12, subdivision 1; 6.47; 6.51; 6.54; 6.55; 6.551; 6.57;
1.146.59; 6.60; 6.62, subdivision 2; 6.63; 6.64; 6.65; 6.66; 6.67; 6.68; 6.70; 6.71;
1.156.715, by adding a subdivision; 6.76; 13.605, subdivision 1; 15B.17, subdivision
1.161; 16A.103, subdivision 1e; 16A.11, by adding a subdivision; 16A.1286,
1.17subdivision 2; 16B.35, subdivision 1; 16C.02, subdivisions 4, 12, 14, by adding
1.18subdivisions; 16C.03, subdivisions 2, 3, 4, 8, 16, by adding subdivisions;
1.1916C.05, subdivisions 1, 2; 16C.08, subdivisions 2, 4, by adding subdivisions;
1.2016C.10, subdivision 7; 16C.16, subdivision 5; 16C.26; 16C.27, subdivision 1;
1.2116C.28; 37.06; 43A.02, by adding a subdivision; 43A.24, subdivision 1; 43A.49;
1.22103C.305, subdivision 3; 103D.355; 103D.811, subdivision 3; 103E.505,
1.23subdivision 5; 116A.13, subdivision 5; 123B.52, subdivision 1, by adding a
1.24subdivision; 160.17, by adding a subdivision; 160.262, by adding a subdivision;
1.25161.1419, subdivision 8; 161.32, by adding a subdivision; 161.3412, subdivision
1.261; 161.38, subdivision 4; 181.9413; 200.02, subdivisions 7, 23; 201.016,
1.27subdivision 1a; 201.054, subdivision 1; 201.056; 201.061, subdivisions 1, 3,
1.284, by adding a subdivision; 201.071, subdivisions 1, 3, 4; 201.081; 201.091,
1.29subdivisions 1, 8, 9, by adding a subdivision; 201.12; 201.13, subdivision 3;
1.30201.161; 201.171; 201.27, subdivision 1; 203B.02, subdivision 1; 203B.04,
1.31subdivisions 1, 4, 6; 203B.05, subdivision 2; 203B.06, subdivision 3; 203B.07,
1.32subdivisions 1, 2; 203B.08, subdivision 3; 203B.081; 203B.10; 203B.11,
1.33subdivision 4; 203B.12, subdivision 4; 203B.13, subdivisions 1, 2; 203B.16,
1.34subdivision 2; 203B.17, subdivision 2; 203B.21, subdivisions 2, 3; 203B.22;
1.35203B.24, subdivision 1; 204B.06, subdivisions 1, 8; 204B.08, subdivision 3;
1.36204B.09, subdivisions 1, 1a, 3; 204B.11, subdivision 2; 204B.16, subdivision
1.371; 204B.21, subdivision 2, by adding a subdivision; 204B.45, subdivision 2;
1.38204C.06, subdivision 1; 204C.07, subdivision 3a, by adding a subdivision;
1.39205.10, by adding a subdivision; 205.13, by adding a subdivision; 205.16,
2.1subdivisions 3, 4; 205A.05, by adding a subdivision; 205A.07, subdivisions 3,
2.23a; 205A.10, subdivisions 1, 2; 205A.11, subdivision 2; 206.57, subdivision
2.35; 206.82, subdivision 2; 206.89, subdivisions 1, 5; 211A.02, subdivision 2;
2.4211A.05, subdivision 1; 211B.03; 211B.11, subdivision 1; 302A.821, subdivision
2.54; 308A.995, subdivision 4; 308B.121, subdivision 4; 308B.215, subdivision 2;
2.6317A.823, subdivision 1; 321.0206; 325L.03; 336.1-110; 336.9-516; 336.9-525;
2.7356.219, subdivision 1; 358.41; 358.42; 358.50; 359.085, subdivisions 2, 3;
2.8365.37, by adding a subdivision; 374.13; 375.101, subdivision 1, by adding
2.9a subdivision; 375.21, by adding a subdivision; 383C.094, by adding a
2.10subdivision; 410.12, subdivision 1; 412.311; 429.041, by adding a subdivision;
2.11447.32, subdivision 4; 458D.21, by adding a subdivision; 469.015, by adding
2.12a subdivision; 469.068, subdivision 1, by adding a subdivision; 471.345,
2.13subdivision 5, by adding subdivisions; 471.61, subdivision 1a; 473.246; 473.523,
2.14by adding a subdivision; 473.756, subdivision 12; 477A.014, subdivision 4;
2.15491A.02, subdivision 4; 507.24, subdivision 2; Laws 2004, chapter 293, article
2.161, section 37, subdivision 2; Laws 2006, chapter 253, section 22, subdivision 1;
2.17Laws 2006, chapter 258, section 14, subdivision 6; proposing coding for new
2.18law in Minnesota Statutes, chapters 3; 4; 5; 6; 8; 11A; 12; 13; 15B; 16A; 16B;
2.1916C; 16E; 43A; 161; 192; 197; 203B; 204B; 308B; 321; 349A; 471; repealing
2.20Minnesota Statutes 2006, sections 3.884; 3.8841; 6.56, subdivision 1; 16A.102;
2.2116C.055, subdivision 1; 16C.08, subdivision 4a; 69.051, subdivision 1c; 200.04;
2.22201.061, subdivision 7; 201.096; 203B.02, subdivision 1a; 203B.04, subdivision
2.235; 203B.13, subdivision 3a; 359.085, subdivision 8; 645.44, subdivision 19.
2.24BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
| 2.27 |
Section 1. STATE GOVERNMENT APPROPRIATIONS. |
||||||
2.29agencies and for the purposes specified in this article. The appropriations are from the
2.30general fund, or another named fund, and are available for the fiscal years indicated
2.31for each purpose. The figures "2008" and "2009" used in this article mean that the
2.32appropriations listed under them are available for the fiscal year ending June 30, 2008, or
2.33June 30, 2009, respectively. "The first year" is fiscal year 2008. "The second year" is fiscal
2.34year 2009. "The biennium" is fiscal years 2008 and 2009.
| 2.35 |
APPROPRIATIONS |
||||||
| 2.36 |
Available for the Year |
||||||
| 2.37 |
Ending June 30 |
||||||
| 2.38 |
2008 |
2009 |
|||||
| 2.39 |
Sec. 2. LEGISLATURE |
||||||
| 2.40 |
Subdivision 1.Total Appropriation |
$ |
68,671,000 |
$ |
69,043,000 |
||
| 2.41 |
Appropriations by Fund |
||
| 2.42 |
2008 |
2009 |
|
| 2.43 |
General |
68,493,000 |
68,865,000 |
| 2.44 |
Health Care Access |
178,000 |
178,000 |
3.2purpose are specified in the following
3.3subdivisions.
| 3.4 |
Subd. 2.Senate |
22,158,000 |
21,677,000 |
||||
| 3.5 |
Subd. 3.House of Representatives |
30,586,000 |
31,746,000 |
||||
3.7any revenues received by the house of
3.8representatives from sponsorship notices in
3.9broadcast or print media are appropriated to
3.10the house of representatives.
| 3.11 |
Subd. 4.Legislative Coordinating Commission |
15,927,000 |
15,620,000 |
||||
| 3.12 |
Appropriations by Fund |
||
| 3.13 |
General |
15,749,000 |
15,442,000 |
| 3.14 |
Health Care Access |
178,000 |
178,000 |
3.16second year are for public information
3.17television, Internet, Intranet, and other
3.18transmission of legislative activities. At
3.19least one-half of those amounts must go for
3.20programming to be broadcast and transmitted
3.21to rural Minnesota.
3.22$5,624,000 the first year and $5,469,000 the
3.23second year are for the Office of the Revisor
3.24of Statutes.
3.25$1,257,000 the first year and $1,254,000 the
3.26second year are for the Legislative Reference
3.27Library.
3.28$5,594,000 the first year and $5,595,000
3.29the second year are for the Office of the
3.30Legislative Auditor.
3.31All legislative offices should, whenever
3.32possible, implement information technology
3.33systems that are compatible and work
3.34seamlessly across the legislature. Wherever
4.1possible, single systems should be
4.2implemented to avoid unnecessary
4.3duplication and inefficiency. The directors
4.4of information technology for the senate,
4.5house of representatives, and the Legislative
4.6Coordinating Commission must submit
4.7a written report describing their efforts
4.8to collaborate on implementing shared
4.9information technology systems. The report
4.10must be submitted to the chairs of the house
4.11of representatives and senate committees
4.12with jurisdiction over rules and to the
4.13Legislative Coordinating Commission on
4.14January 15, 2008, and January 15, 2009.
| 4.15 4.16 |
Sec. 3. GOVERNOR AND LIEUTENANT GOVERNOR |
$ |
3,647,000 |
$ |
3,712,000 |
||
4.18the Governor and Lieutenant Governor.
4.19$19,000 the first year and $19,000 the
4.20second year are for necessary expenses in
4.21the normal performance of the governor's
4.22and lieutenant governor's duties for which no
4.23other reimbursement is provided.
4.24(b) By September 1 of each year, the
4.25commissioner of finance shall report to
4.26the chairs of the senate Governmental
4.27Operations Budget Division and the house
4.28State Government Finance Division any
4.29personnel costs incurred by the Office of
4.30the Governor and Lieutenant Governor that
4.31were supported by appropriations to other
4.32agencies during the previous fiscal year.
4.33The Office of the Governor shall inform the
4.34chairs of the divisions before initiating any
4.35interagency agreements.
| 5.1 |
Sec. 4. STATE AUDITOR |
$ |
9,234,000 |
$ |
9,220,000 |
||
| 5.2 |
Sec. 5. ATTORNEY GENERAL |
$ |
26,628,000 |
$ |
26,633,000 |
||
| 5.10 |
Sec. 6. SECRETARY OF STATE |
$ |
9,677,000 |
$ |
6,747,000 |
||
| 5.11 |
Appropriations by Fund |
||
| 5.12 |
2008 |
2009 |
|
| 5.13 |
General |
6,833,000 |
6,747,000 |
| 5.14 5.15 |
State Government Special Revenue |
2,844,000 |
|
5.17transferred to the Help America Vote Act
5.18account and is designated as a portion of the
5.19match required by section 253(b)(5) of the
5.20Help America Vote Act.
5.21$2,844,000 the first year is appropriated from
5.22the Help America Vote Act account for the
5.23purposes and uses authorized by federal law.
5.24This appropriation is available until June 30,
5.252009.
5.26Notwithstanding Laws 2005, chapter 162,
5.27section 34, subdivision 7, any balance
5.28remaining in the Help America Vote Act
5.29account after previous appropriations and the
5.30appropriations in this section is appropriated
5.31to the secretary of state for the purposes of
5.32the account. This appropriation is available
5.33until June 30, 2011.
5.34$250,000 the first year is for a grant to Kids
5.35Voting Minnesota, to educate children about
6.1voting and the democratic process. This
6.2appropriation is available until spent.
| 6.3 6.4 |
Sec. 7. CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD |
$ |
708,000 |
$ |
722,000 |
||
| 6.5 |
Sec. 8. INVESTMENT BOARD |
$ |
151,000 |
$ |
151,000 |
||
| 6.6 6.7 |
Sec. 9. OFFICE OF ENTERPRISE TECHNOLOGY |
$ |
17,969,000 |
$ |
5,287,000 |
||
6.9phase of an electronic licensing system.
6.10This is a onetime appropriation. This
6.11appropriation carries forward to the second
6.12year.
6.13(b) $10,000,000 the first year is for
6.14information technology security.
6.15(c) $500,000 the first year and $500,000 the
6.16second year are for oversight and analysis of
6.17state technology investments.
6.18(d) $1,456,000 the first year and $1,000,000
6.19the second year are for small agency
6.20technology infrastructure. During the first
6.21biennium, these amounts are intended to
6.22include hardware and software improvements
6.23for the Asian-Pacific Council, the Capitol
6.24Area Architectural and Planning Board,
6.25the Minnesota Library for the Blind,
6.26the Minnesota State Academies, and
6.27the Ombudsman for Mental Health and
6.28Developmental Disabilities. Ongoing
6.29funding for improvements made during fiscal
6.30years 2008 and 2009 may be added to the
6.31base funding for those agencies in fiscal
6.32years 2010 and 2011.
7.1(e) $68,000 is for an electronic documents
7.2study and report.
7.3(f) $200,000 is for grants to be distributed to
7.4the counties participating in the development
7.5of the integrated financial system for
7.6enhancements to the system. Enhancements
7.7include:
7.8(1) systems to improve the tracking and
7.9reporting of state and federal grants;
7.10(2) electronic payments to vendors;
7.11(3) electronic posting of state payments to
7.12the financial system;
7.13(4) automating revenue collection and
7.14posting through check conversion, automatic
7.15clearing house transactions, or credit card
7.16processing;
7.17(5) improvements to county budgetary
7.18systems;
7.19(6) storage or linkage of electronic
7.20documents;
7.21(7) improved executive level reporting and
7.22extraction of data; and
7.23(8) improved information and reporting for
7.24audits.
7.25The grant funds shall be distributed on a pro
7.26rata basis to each of the counties participating
7.27in the development of the integrated financial
7.28system. The Minnesota Counties Computer
7.29Cooperative, acting as a fiscal agent for
7.30the participating counties, shall receive the
7.31grant money for the counties. The grants
7.32will only be distributed after $600,000 is
7.33expended or provided from other sources.
7.34The chief information officer may require
8.1a report or such other information as the
8.2chief information officer deems appropriate
8.3to verify that the requirements of this
8.4section have been met. This appropriation
8.5is available until June 30, 2011, and cancels
8.6on that date.
| 8.7 |
Sec. 10. ADMINISTRATIVE HEARINGS |
$ |
8,087,000 |
$ |
7,801,000 |
||
| 8.8 |
Appropriations by Fund |
||
| 8.9 |
2008 |
2009 |
|
| 8.10 |
General |
281,000 |
285,000 |
| 8.11 8.12 |
Workers' Compensation |
7,806,000 |
7,516,000 |
8.14compensation judges, to be located in Duluth.
| 8.15 |
Sec. 11. ADMINISTRATION |
||||||
| 8.16 |
Subdivision 1. Total Appropriation |
$ |
24,887,000 |
$ |
20,282,000 |
||
8.18purpose are specified in the following
8.19subdivisions.
| 8.20 |
Subd. 2.State Facilities Services |
14,746,000 |
11,458,000 |
||||
8.22the second year are for office space costs of
8.23the legislature and veterans organizations,
8.24for ceremonial space, and for statutorily free
8.25space.
8.26(b) $2,500,000 the first year is to purchase
8.27and implement a Web-enabled, shared
8.28computer system to facilitate the state's real
8.29property portfolio management.
8.30(c) $250,000 the first year and $250,000 the
8.31second year are for the energy conservation
8.32recommissioning activities in state buildings.
| 8.33 |
Subd. 3.State and Community Services |
3,420,000 |
3,583,000 |
||||
9.2second year are to fund activities to prepare
9.3for and promote the 2010 census. Base
9.4funding for this activity is $260,000 in fiscal
9.5year 2010 and $180,000 in fiscal year 2011.
9.6(b) $1,100,000 the first year and $1,100,000
9.7the second year are for the Land Management
9.8Information Center.
9.9(c) $196,000 the first year and $196,000 the
9.10second year are for the Office of the State
9.11Archaeologist.
| 9.12 |
Subd. 4.Administrative Management Services |
6,121,000 |
5,241,000 |
||||
9.14Office of Grants Management to standardize
9.15state grants management policies and
9.16procedures. For the fiscal year beginning
9.17July 1, 2008, the commissioner must deduct
9.18from state grants subject to nongovernmental
9.19entities up to $125,000, as necessary to
9.20fund the commissioner's duties under
9.21new Minnesota Statutes, sections 16B.97
9.22and 16B.98. The amount deducted from
9.23appropriations for these grants is transferred
9.24to the commissioner for purposes of
9.25administering those sections.
9.26(b) $285,000 the first year is to fund a pilot
9.27project to reduce state expenditures on
9.28professional/technical contracts negotiations.
9.29(c) $250,000 the first year and $250,000
9.30the second year are to establish a small
9.31agency resource team to consolidate and
9.32streamline the human resources and financial
9.33management activities for small state
9.34agencies, boards, and councils.
10.1(d) $425,000 the first year is a onetime
10.2appropriation for a targeted group business
10.3disparity study. The commissioner must
10.4cooperate with units of local government
10.5conducting similar studies.
10.6(e) $74,000 the first year and $74,000
10.7the second year are for the Council on
10.8Developmental Disabilities.
10.9(f) $53,000 the first year and $36,000 the
10.10second year are for the genetic information
10.11work group and report.
10.12(g) $250,000 in fiscal year 2008 and
10.13$250,000 in fiscal year 2009 are for a grant
10.14to the Council on Developmental Disabilities
10.15for the purpose of establishing a statewide
10.16self-advocacy network for persons with
10.17intellectual and developmental disabilities
10.18(ID/DD). The self-advocacy network shall:
10.19(1) ensure that persons with ID/DD are
10.20informed of their rights in employment,
10.21housing, transportation, voting, government
10.22policy, and other issues pertinent to the
10.23ID/DD community;
10.24(2) provide public education and awareness
10.25of the civil and human rights issues persons
10.26with ID/DD face;
10.27(3) provide funds, technical assistance, and
10.28other resources for self-advocacy groups
10.29across the state; and
10.30(4) organize systems of communications
10.31to facilitate an exchange of information
10.32between self-advocacy groups.
11.1This appropriation is in addition to any other
11.2appropriations and must be added to the base
11.3appropriation beginning in fiscal year 2010.
11.4(h) $75,000 is for purposes of promotion
11.5of document imaging work in government
11.6agencies to be done by persons with
11.7developmental disabilities.
| 11.8 |
Subd. 5.Fiscal Agent |
600,000 |
|||||
11.10sustainable growth working group.
11.11(b) $500,000 is for a grant to Washington
11.12County for capital improvements detailed in
11.13the approved planned unit development for
11.14the Disabled Veteran's Rest Camp to provide
11.15increased capacity, amenities, access, and
11.16safety for Minnesota veterans.
| 11.17 11.18 11.19 |
Sec. 12. CAPITOL AREA ARCHITECTURAL AND PLANNING BOARD |
$ |
428,000 |
$ |
372,000 |
||
11.21decennial expenses related to the board's
11.22duties under Minnesota Statutes, section
11.23473.864, subdivisions 1 and 2. Money
11.24appropriated in fiscal year 2008 is available
11.25until June 30, 2009. This is a onetime
11.26appropriation.
| 11.27 |
Sec. 13. FINANCE |
||||||
| 11.28 |
Subdivision 1. Total Appropriation |
$ |
22,382,000 |
$ |
15,331,000 |
||
11.30purpose are specified in the following
11.31subdivisions.
| 11.32 |
Subd. 2.State Financial Management |
8,912,000 |
8,752,000 |
||||
12.2share of the cost of bankruptcy counsel
12.3representing joint interests of the state and
12.4the city of Duluth in the Northwest Airlines
12.5bankruptcy. This is a onetime appropriation.
12.6(b) Notwithstanding the provisions of
12.7Minnesota Statutes, section 16A.1522,
12.8subdivision 4, the commissioner of finance
12.9shall designate any positive general fund
12.10budgetary balance on June 30, 2007, as an
12.11unrestricted balance. Money so designated
12.12shall remain available for general fund
12.13appropriations authorized in fiscal years
12.142008 and 2009.
| 12.15 12.16 |
Subd. 3.Information and Management Services |
13,470,000 |
6,579,000 |
||||
12.18the Minnesota Accounting and Procurement
12.19System (MAPS). $6,500,000 is to implement
12.20remediation strategies as necessary to avoid
12.21a systemic failure. $500,000 of the first year
12.22total is for planning for the system's eventual
12.23replacement.
| 12.24 |
Sec. 14. EMPLOYEE RELATIONS |
$ |
6,385,000 |
$ |
5,947,000 |
||
12.26Health Care Purchasing Improvement.
12.27(b) $186,000 the first year and $203,000 the
12.28second year are for transfer to state agencies
12.29for additional expenses incurred as a result
12.30of expanded use of sick leave authorized by
12.31this act.
12.32(c) $350,000 the first year is to support the
12.33use of an electronic portfolio system to
12.34provide personal health records for MnSCU
13.1employees and other participants in the state
13.2employee group insurance program. Of
13.3this amount, $50,000 is for transfer to the
13.4University of Minnesota Health Informatics
13.5Division to evaluate the use and impact of
13.6personal health records on these employees.
13.7This appropriation is available until June 30,
13.82009.
| 13.9 |
Sec. 15. REVENUE |
||||||
| 13.10 |
Subdivision 1.Total Appropriation |
$ |
128,562,000 |
$ |
121,466,000 |
||
13.19purpose are specified in subdivisions 2 and 3.
| 13.20 |
Subd. 2.Tax System Management |
108,401,000 |
99,616,000 |
||||
13.28the second year are for additional activities
13.29to identify and collect tax liabilities from
13.30individuals and businesses that currently
13.31do not pay all taxes owed. This initiative
13.32is expected to result in new general fund
13.33revenues of $42,400,000 for the biennium
13.34ending June 30, 2009.
13.35(b) The department must report to the chairs
13.36of the house of representatives Ways and
14.1Means and senate Finance Committees by
14.2March 1, 2008, and January 15, 2009, on the
14.3following performance indicators:
14.4(1) the number of corporations noncompliant
14.5with the corporate tax system each year and
14.6the percentage and dollar amounts of valid
14.7tax liabilities collected;
14.8(2) the number of businesses noncompliant
14.9with the sales and use tax system and the
14.10percentage and dollar amount of the valid tax
14.11liabilities collected; and
14.12(3) the number of individual noncompliant
14.13cases resolved and the percentage and dollar
14.14amounts of valid tax liabilities collected.
14.15(c) The reports must also identify base-level
14.16expenditures and staff positions related to
14.17compliance and audit activities, including
14.18baseline information as of January 1, 2006.
14.19The information must be provided at the
14.20budget activity level.
14.21(d) $12,000,000 the first year is for the
14.22purchase and development of an integrated
14.23tax software package.
14.24(e) $75,000 the first year and $75,000 the
14.25second year are for grants to one or more
14.26nonprofit organizations, qualifying under
14.27section 501(c)(3) of the Internal Revenue
14.28Code of 1986, to coordinate, facilitate,
14.29encourage, and aid in the provision of
14.30taxpayer assistance services. For purposes
14.31of this paragraph, "taxpayer assistance
14.32services" means accounting and tax
14.33preparation services provided by volunteers
14.34to low-income and disadvantaged Minnesota
14.35residents to help them file federal and
15.1state income tax returns and Minnesota
15.2property tax refund claims and may include
15.3providing personal representation before
15.4the Department of Revenue and Internal
15.5Revenue Service.
| 15.6 |
Subd. 3.Accounts Receivable Management |
20,161,000 |
21,850,000 |
||||
15.8the second year are for additional activities
15.9to identify and collect tax liabilities from
15.10individuals and businesses that currently do
15.11not pay all taxes owed. This initiative is
15.12expected to result in new general revenues of
15.13$60,000,000 for the biennium ending June
15.1430, 2009.
| 15.15 |
Sec. 16. MILITARY AFFAIRS |
||||||
| 15.16 |
Subdivision 1.Total Appropriation |
$ |
21,814,000 |
$ |
20,123,000 |
||
| 15.17 |
Appropriations by Fund |
||
| 15.18 |
2008 |
2009 |
|
| 15.19 |
General |
21,476,000 |
19,785,000 |
| 15.20 |
Special Revenue |
338,000 |
338,000 |
15.22purpose are specified in the following
15.23subdivisions.
| 15.24 |
Subd. 2.Maintenance of Training Facilities |
7,504,000 |
7,448,000 |
||||
15.26assessments levied against state property.
15.27This is a onetime appropriation.
| 15.28 |
Subd. 3.General Support |
4,101,000 |
2,464,000 |
||||
| 15.29 |
Appropriations by Fund |
||
| 15.30 |
General |
3,763,000 |
2,126,000 |
| 15.31 |
Special Revenue |
338,000 |
338,000 |
15.33Minnesota National Guard reintegration
16.1program. This appropriation is available
16.2until spent.
16.3(b) $275,000 the first year and $285,000 the
16.4second year are for additional staffing.
16.5(c) $338,000 each year is from the account
16.6in the special revenue fund established in
16.7Minnesota Statutes, section 190.19, for
16.8grants under that section.
16.9(d) $25,000 the first year is for a longitudinal
16.10study measuring improvement in academic
16.11achievement as a result of participation in the
16.12Starbase program.
| 16.13 |
Subd. 4.Enlistment Incentives |
10,209,000 |
10,211,000 |
||||
16.15biennium are insufficient, the appropriation
16.16from the other year is available. The
16.17appropriations for enlistment incentives are
16.18available until expended.
| 16.19 |
Sec. 17. GAMBLING CONTROL |
$ |
2,846,000 |
$ |
2,893,000 |
||
16.21gambling regulation account in the special
16.22revenue fund.
| 16.23 |
Sec. 18. RACING COMMISSION |
$ |
1,130,000 |
$ |
899,000 |
||
16.25regulation accounts in the special revenue
16.26fund.
16.27(b) $295,000 the first year and $64,000 the
16.28second year and thereafter are for information
16.29technology improvements implemented in
16.30consultation with the Office of Enterprise
16.31Technology as part of the small agency
16.32technology initiative.
| 17.1 |
Sec. 19. STATE LOTTERY |
||||||
17.3
17.4must not exceed $27,378,000 in fiscal year
17.52008 and $28,141,000 in fiscal year 2009.
| 17.6 |
Sec. 20. TORT CLAIMS |
$ |
161,000 |
$ |
161,000 |
||
17.8If the appropriation for either year is
17.9insufficient, the appropriation for the other
17.10year is available for it.
| 17.11 17.12 |
Sec. 21. MINNESOTA STATE RETIREMENT SYSTEM |
$ |
1,608,000 |
$ |
1,649,000 |
||
17.14each program are as follows:
| 17.15 |
(1) Legislators |
1,170,000 |
1,200,000 |
||||
17.17subdivision 2, 3A.04, subdivisions 3 and 4;
17.18and 3A.115.
| 17.19 |
(2) Constitutional Officers |
438,000 |
449,000 |
||||
17.21352C.031, subdivision 5;
17.22subdivision 3; and
17.23(b) If an appropriation in this section for
17.24either year is insufficient, the appropriation
17.25for the other year is available for it.
| 17.26 17.27 |
Sec. 22. MINNEAPOLIS EMPLOYEES RETIREMENT FUND |
$ |
9,000,000 |
$ |
9,000,000 |
||
17.29Minnesota Statutes, section 422A.101,
17.30subdivision 3.
| 18.1 18.2 |
Sec. 23. TEACHERS RETIREMENT ASSOCIATION |
$ |
15,800,000 |
$ |
15,800,000 |
||
18.4follows:
| 18.5 18.6 18.7 18.8 |
(a) Special direct state aid to first class city teachers retirement funds authorized under Minnesota Statutes, section 354A.12, subdivisions 3a and 3c. |
13,300,000 |
13,300,000 |
||||
| 18.9 18.10 18.11 18.12 |
(b) Special direct state matching aid to Minneapolis Teachers Retirement Fund authorized under Minnesota Statutes, section 354A.12, subdivision 3b. |
2,500,000 |
2,500,000 |
||||
| 18.13 18.14 |
Sec. 24. ST. PAUL TEACHERS RETIREMENT FUND |
$ |
2,967,000 |
$ |
2,967,000 |
||
18.16special direct state aid to first class city
18.17teachers retirement funds authorized under
18.18Minnesota Statutes, section
18.19subdivisions 3a and 3c.
| 18.20 18.21 |
Sec. 25. GENERAL CONTINGENT ACCOUNTS |
$ |
1,000,000 |
$ |
500,000 |
||
| 18.22 |
Appropriations by Fund |
||
| 18.23 |
2008 |
2009 |
|
| 18.24 |
General |
500,000 |
-0- |
| 18.25 18.26 |
State Government Special Revenue |
400,000 |
400,000 |
| 18.27 18.28 |
Workers' Compensation |
100,000 |
100,000 |
18.30may only be spent with the approval of
18.31the governor after consultation with the
18.32Legislative Advisory Commission pursuant
18.33to Minnesota Statutes, section 3.30.
18.34(b) If an appropriation in this section for
18.35either year is insufficient, the appropriation
18.36for the other year is available for it.
19.1(c) If a contingent account appropriation
19.2is made in one fiscal year, it should be
19.3considered a biennial appropriation.
19.4 Sec. 26. MANAGERIAL POSITION REDUCTIONS.
19.5 The governor must reduce the number of deputy commissioners, assistant
19.6commissioners, and positions designated as unclassified under authority of Minnesota
19.7Statutes, section 43A.08, subdivision 1a, by an amount that will generate savings to the
19.8general fund of $775,000 in the biennium ending June 30, 2009, and $7,600,000 in the
19.9biennium ending June 30, 2011.
19.12 Section 1. [3.052] SCHEDULE FOR CONSIDERATION OF LEGISLATION.
19.13 Subdivision 1. Agency bills. An executive department or agency intending to urge
19.14the legislature to adopt a bill shall deliver the bill to the revisor of statutes by November
19.151 before the regular session at which adoption will be urged. This deadline does not
19.16apply: (1) to bills necessary to implement the governor's budget proposals; (2) to other
19.17bills that are policy initiatives of the governor, as opposed to administrative initiatives of a
19.18department or agency; or (3) as otherwise provided in section 3C.035.
19.19 Subd. 2. State of the state. The governor is encouraged to submit a state of the state
19.20address in January of each odd-numbered year and within the first ten days after the start
19.21of the legislative session in an even-numbered year. Before or during this address, the
19.22governor is encouraged to announce major legislative policy initiatives that the governor
19.23intends to promote that year.
19.24 Subd. 3. Executive submission of budget bills. The governor must submit bills
19.25necessary to implement the governor's operating budget to the legislature within one
19.26week after the date specified in section 16A.11 for the governor to submit the detailed
19.27operating budget to the legislature. The bills must be provided to the speaker of the house
19.28of representatives and the majority leader of the senate in a manner ready for formal
19.29introduction and final consideration.
19.30 Sec. 2. [3.181] PRINTED MATERIALS.
19.31 If paper copies of legislative bills and amendments are printed, they must be printed
19.32on paper that measures 8-1/2 inches by 11 inches.
20.1EFFECTIVE DATE.This section is effective January 1, 2009.
20.2 Sec. 3. [3.3051] PUBLIC INFORMATION.
20.3 The Legislative Coordinating Commission must establish a joint legislative public
20.4information office.
20.5 The office is the legislative entity responsible for:
20.6 (1) producing legislative directories and rosters, news magazines, and general
20.7educational materials about the legislative process;
20.8 (2) in cooperation with other legislative offices, providing schedules of legislative
20.9meetings;
20.10 (3) producing television coverage of certain legislative proceedings; and
20.11 (4) performing other functions assigned by the Legislative Coordinating
20.12Commission.
20.13 Sec. 4. [3.306] MEETING TIMES.
20.14 The house of representatives and the senate must adopt rules that set one time as the
20.15regular hour of convening daily sessions in both houses.
20.16 Sec. 5. [3.3061] JOINT STANDING COMMITTEES.
20.17 The house of representatives and the senate are encouraged to adopt rules that:
20.18 (1) establish a system of joint standing committees to consider and report on
20.19legislation and conduct other legislative business, except that each house may separately
20.20establish a committee on rules and administration and a committee on ethics; or
20.21 (2) provide that house and senate committees with similar jurisdiction will meet at
20.22the same time to facilitate joint meetings.
20.23 Sec. 6. Minnesota Statutes 2006, section 3.85, subdivision 3, is amended to read:
20.24 Subd. 3. Membership. The commission consists of
20.25senate appointed by the Subcommittee on Committees of the Committee on Rules and
20.26Administration and
20.27speaker. Members shall be appointed at the commencement of each regular session of the
20.28legislature for a two-year term beginning January 16 of the first year of the regular session.
20.29Members continue to serve until their successors are appointed. Vacancies that occur while
20.30the legislature is in session shall be filled like regular appointments. If the legislature is not
20.31in session, senate vacancies shall be filled by the last Subcommittee on Committees of the
20.32senate Committee on Rules and Administration or other appointing authority designated
21.1by the senate rules, and house vacancies shall be filled by the last speaker of the house, or
21.2if the speaker is not available, by the last chair of the house Rules Committee.
21.3 Sec. 7. [3.9228] MINNESOTA OFFICE ON ETHNIC HERITAGE AND NEW
21.4AMERICANS.
21.5 Subdivision 1. Office established. The Minnesota Office of Ethnic Heritage and
21.6New Americans is established to: (1) recognize the state's rich ethnic diversity and the
21.7contributions that immigrants have made to the state's social, economic, and cultural
21.8history; and (2) capitalize on and develop the strengths of the immigrant community in
21.9Minnesota. The commission shall assist state government to foster an understanding and
21.10appreciation of ethnic and cultural diversity in Minnesota, to more effectively identify
21.11the underutilized resources within the immigrant community and to facilitate the full
21.12participation of immigrants in social, cultural, and political life in this state.
21.13 Subd. 2. Membership. The Minnesota Office of Ethnic Heritage and New
21.14Americans consists of 14 members: the Subcommittee on Committees of the Committee
21.15on Rules and Administration of the senate shall appoint two public members and two
21.16senators; and the speaker of the house of representatives shall appoint two public members
21.17and two members of the house of representatives. The governor shall appoint six public
21.18members.
21.19 Appointees must have proven experience and dedication to working with the wide
21.20range of ethnic communities within Minnesota, the immigrant community, and possess
21.21training and experience in business, management, economics, public policy, legal affairs,
21.22and social work. The appointing authorities shall seek to collaborate with each other and
21.23with the councils established in sections 3.9223, 3.9225, and 3.9226 to ensure that the
21.24public membership of the commission is ethnically and geographically diverse and is
21.25reasonably balanced by gender.
21.26 Compensation and the filling of vacancies or appointed members are as provided in
21.27section 15.0575. The appointments required under this subdivision must be completed
21.28no later than September 1, 2007.
21.29 Subd. 3. Organization. As soon as possible after the appointments under
21.30subdivision 2 have been completed, the executive director of the Legislative Coordinating
21.31Commission shall convene the first meeting of the commission. The members of the
21.32commission shall select their chairperson at the first meeting.
21.33 Subd. 4. Assistance. The Legislative Coordinating Commission shall provide the
21.34administrative and clerical support services necessary for the operation of the Minnesota
21.35Office on Ethnic Heritage and New Americans.
22.1 Subd. 5. Duties. The Minnesota Office of Ethnic Heritage and New Americans shall:
22.2 (1) work with community leaders, the legislature, and the executive branch to
22.3develop programs and proposals that will encourage ethnic identity, preserve ethnic
22.4heritage, and promote education of the public about the state's heritage and cultural history;
22.5 (2) make recommendations to the legislature and the governor intended to foster the
22.6understanding and appreciation of cultural diversity in the state;
22.7 (3) maintain association with ethnic, cultural, and minority groups to determine
22.8community needs;
22.9 (4) study and consider opportunities and issues for the immigrant community in
22.10this state, including:
22.11 (i) steps to eliminate underutilization of immigrants in the state's work force;
22.12 (ii) improving the efficient use of existing state programs and services; and
22.13 (iii) other appropriate steps to improve the economic and social condition of
22.14immigrants in this state.
22.15 By December 1, 2008, the commission shall report to the chairs of the legislative
22.16committees and divisions with jurisdiction over issues affecting ethnic heritage and
22.17immigrants. The report must include a discussion of the items listed in this subdivision
22.18together with recommendations for state agencies and the legislature, including any
22.19proposed legislation necessary to accomplish the recommendations. The executive
22.20director of the Legislative Coordinating Commission shall ensure that copies of the report
22.21are available on the Legislative Coordinating Commission's Web site.
22.22 Subd. 6. Expiration. This section expires on June 30, 2009.
22.23 Sec. 8. Minnesota Statutes 2006, section 3.9741, subdivision 1, is amended to read:
22.24 Subdivision 1. Metropolitan Commission. Upon the audit of the financial accounts
22.25and affairs of a commission under section
22.26Metropolitan Commission is liable to the state for the total cost and expenses of the
22.27audit, including the salaries paid to the examiners while actually engaged in making
22.28the examination. The legislative auditor may bill the Metropolitan Commission either
22.29monthly or at the completion of the audit. All collections received for the audits must be
22.30
22.31EFFECTIVE DATE.This section is effective the day following final enactment.
22.32 Sec. 9. [4.60] POET LAUREATE.
22.33 (a) The position of poet laureate of the state of Minnesota is established. The
22.34Minnesota Humanities Commission must solicit nominations for the poet laureate
23.1appointment and must make recommendations to the governor. After receiving
23.2recommendations from the Minnesota Humanities Commission, the governor shall
23.3appoint a state poet laureate and conduct appropriate ceremonies to honor the person
23.4appointed. The person appointed as poet laureate continues to serve in this position until
23.5the governor appoints another person.
23.6 (b) State agencies and officers are encouraged to use the services of the poet laureate
23.7for appropriate ceremonies and celebrations.
23.8 Sec. 10. Minnesota Statutes 2006, section 5.12, subdivision 1, is amended to read:
23.9 Subdivision 1. Fees. The secretary of state shall charge a fee of $5 for each
23.10certificate or certification of a copy of any document filed in the Office of the Secretary
23.11of State. The secretary of state shall charge a fee of $3 for a copy of an original filing of
23.12a corporation, limited partnership, assumed name, or trade or service mark
23.13
23.14fee of $3 for a copy of any or all subsequent filings of a corporation, limited partnership,
23.15assumed name, or trade or service mark. The secretary of state shall charge a fee of $1 per
23.16page for copies of other nonuniform commercial code documents filed with the secretary of
23.17state. At the time of filing, the secretary of state may provide at the public counter, without
23.18charge, a copy of a filing, ten or fewer pages in length, to the person making the filing.
23.19EFFECTIVE DATE.This section is effective August 1, 2007.
23.20 Sec. 11. [5.32] TEMPORARY TECHNOLOGY SURCHARGE.
23.21 Subdivision 1. Surcharge. For fiscal years 2008 and 2009, the following technology
23.22surcharges are imposed on the filing fees required under the following statutes:
23.23 (1) $25 for articles of incorporation filed under section 302A.151;
23.24 (2) $25 for articles of organization filed under section 322B.17;
23.25 (3) $25 for applications for certificates of authority to transact business in Minnesota
23.26filed under section 303.06;
23.27 (4) $20 for annual reports filed by non-Minnesota corporations under section
23.28303.14; and
23.29 (5) $50 for reinstatements to authority to transact business in Minnesota filed under
23.30section 303.19.
23.31 Subd. 2. Deposit. The surcharges listed in subdivision 1 shall be deposited into the
23.32uniform commercial code account.
23.33 Subd. 3. Expiration. This section expires June 30, 2009.
24.1 Sec. 12. [6.465] DEFINITIONS.
24.2 Subdivision 1. Application. For the purposes of this chapter, the terms defined in
24.3this section have the meaning given them.
24.4 Subd. 2. Political subdivision. "Political subdivision" means a county, home rule
24.5charter or statutory city, town, school district, metropolitan or regional agency, public
24.6corporation, political subdivision, or special district as defined in subdivision 3. "Political
24.7subdivision" does not include a metropolitan or regional agency or a public corporation
24.8audited by the legislative auditor.
24.9 Subd. 3. Special district. "Special district" means a public entity with a special
24.10or limited purpose, financed by property tax revenues or other public funds, that is
24.11not included in a city, county, or town financial report as a component of that local
24.12government, that is created or authorized by law, and that is governed by (1) persons
24.13directly elected to the governing board of the district, (2) persons appointed to the
24.14governing board of the district by local elected officials, (3) local elected officials who
24.15serve on the board by virtue of their elected office, or (4) a combination of these methods
24.16of selection. Special district includes special taxing districts listed in section 275.066.
24.17 Sec. 13. Minnesota Statutes 2006, section 6.47, is amended to read:
24.186.47 ACCOUNTING AND BUDGETING SYSTEMS; INVESTIGATION,
24.19FORMS.
24.20 The state auditor shall inquire into the accounting and budgeting systems of all
24.21
24.22accounts and budgeting, and forms, books, and instructions concerning the same. At the
24.23request of any
24.24such systems.
24.25
24.26
24.27
24.28 Sec. 14. Minnesota Statutes 2006, section 6.51, is amended to read:
24.296.51
24.30POLITICAL SUBDIVISIONS.
24.31 All powers and duties of the state auditor herein imposed and conferred with respect
24.32to the supervision, inspection, and examination of books and accounts of cities in section
24.34subdivisions of this state. A copy of the report of such examination shall be filed, subject
25.1to public inspection, with the clerk or chief administrative officer of the
25.2
25.3copy with the county auditor of the county in which the administrative offices of
25.4
25.5disclose malfeasance, misfeasance, or nonfeasance in office, the state auditor shall file
25.6such copy with the county attorney of the county in which the administrative offices of
25.7
25.8county attorney shall institute such proceedings as the law and the public interest require.
25.9 Sec. 15. Minnesota Statutes 2006, section 6.54, is amended to read:
25.106.54 EXAMINATION OF
25.11SUBDIVISION RECORDS PURSUANT TO PETITION.
25.12 Subdivision 1. Petition of voters for audit. The registered voters in a
25.13
25.14or the electors at an annual or special town meeting of a town may petition the state
25.15auditor to examine the books, records, accounts, and affairs of the
25.16
25.17project, enterprise, or fund thereof; and the scope of the examination may be limited by the
25.18petition, but the examination shall cover, at least, all cash received and disbursed and the
25.19transactions relating thereto, provided that the state auditor shall not examine more than
25.20the six latest years preceding the circulation of the petition, unless it appears to the state
25.21auditor during the examination that the audit period should be extended to permit a full
25.22recovery under bonds furnished by public officers or employees, and may if it appears to
25.23the auditor in the public interest confine the period or the scope of audit or both period and
25.24scope of audit, to less than that requested by the petition. In the case of a
25.25
25.26petition shall be signed by a number of registered voters at least equal to 20 percent of
25.27those voting in the last presidential election.
25.28 Subd. 2. School districts. The eligible voters of any school district may petition the
25.29state auditor, who shall be subject to the same restrictions regarding the scope and period
25.30of audit, provided that the petition shall be signed by at least ten eligible voters for each 50
25.31resident pupils in average daily membership during the preceding school year as shown on
25.32the records in the office of the commissioner of education. In the case of school districts,
25.33the petition shall be signed by at least ten eligible voters.
25.34 Subd. 3. Certifications required. At the time it is circulated, every petition shall
25.35contain a statement that the cost of the audit will be borne by the
26.1
26.2delivered to the state auditor it shall be presented to the appropriate
26.3clerk or chief administrative officer of the political subdivision and the county auditor.
26.4The county auditor shall determine and certify whether the petition is signed by the
26.5required number of registered voters or eligible voters as the case may be. The certificate
26.6shall be conclusive evidence thereof in any action or proceeding for the recovery of the
26.7costs, charges, and expenses of any examination made pursuant to the petition.
26.8 Sec. 16. Minnesota Statutes 2006, section 6.55, is amended to read:
26.96.55 EXAMINATION OF RECORDS PURSUANT TO RESOLUTION OF
26.10GOVERNING BODY.
26.11 The governing body of any
26.12by appropriate resolution may ask the state auditor to examine the books, records,
26.13accounts and affairs of their government, or of any organizational unit, activity, project,
26.14enterprise, or fund thereof; and the state auditor shall examine the same upon receiving,
26.15pursuant to said resolution, a written request signed by a majority of the members of the
26.16governing body; and the governing body of any
26.17
26.18instrumentality joint or several of any
26.19subdivision, may request an audit of its books, records, accounts and affairs in the same
26.20manner; provided that the scope of the examination may be limited by the request, but
26.21such examination shall cover, at least, all cash received and disbursed and the transactions
26.22relating thereto. Such written request shall be presented to the clerk,
26.23or chief administrative officer of
26.24
26.25being presented to the state auditor, who shall determine whether the same is signed
26.26by a majority of the members of such governing body and, if found to be so signed,
26.27shall certify such fact, and the fact that such resolution was passed, which certificate
26.28shall be conclusive evidence thereof in any action or proceedings for the recovery of the
26.29costs, charges and expenses of any examination made pursuant to such request. Nothing
26.30contained in any of the laws of the state relating to the state auditor, shall be so construed
26.31as to prevent any
26.32a certified public accountant to examine its books, records, accounts, and affairs. For the
26.33purposes of this section, the governing body of a town is the town board.
27.1 Sec. 17. Minnesota Statutes 2006, section 6.551, is amended to read:
27.26.551 EXAMINATION OF GRANTEES AND CONTRACTORS OF
27.3
27.4 The state auditor may examine the books, records, documents, and accounting
27.5procedures and practices of a contractor or grantee of a
27.6subdivision pursuant to section
27.7the books, records, documents, and accounting procedures and practices that are relevant
27.8to the contract or transaction with the
27.9 Sec. 18. Minnesota Statutes 2006, section 6.57, is amended to read:
27.106.57 COST OF EXAMINATION, COLLECTION.
27.11 On July
27.12the examination of any
27.13that have remained unpaid for a period of three months from the date of such claim. The
27.14auditor shall forthwith notify the clerk,
27.15of each
27.16has a claim that, if the same is not paid, with interest at the rate of six percent per annum
27.17from the date of the claim, within 90 days, the full amount thereof will be certified to the
27.18county auditor of the county having such examination, or to the county auditor for the
27.19county or counties in which
27.20situated, for collection by special tax levy, as herein provided. Such notice shall be served
27.21by certified mail and the deposit thereof in the United States mail shall constitute due and
27.22legal service thereof upon the
27.23 Sec. 19. Minnesota Statutes 2006, section 6.59, is amended to read:
27.246.59 CLAIM OF STATE FOR COST OF EXAMINATION, CONTEST.
27.25 On or before September
27.26
27.27upon the attorney general that it desires to contest the legality of the state's claim, and
27.28the attorney general shall forthwith file with the court administrator of the district court
27.29of the county having such examination, or in which
27.30the political subdivision, or major part thereof, is situated, a verified statement of the
27.31state's claim, duly itemized and serve upon the auditor
27.32officer of
27.33mail, a copy of such statement.
28.1subdivision may file with the court administrator of such district court, within ten days
28.2after the service of such statement upon it, verified objections to the state's claim, and such
28.3district court shall thereupon summarily, in or out of term, hear and determine the amount
28.4due the state, if any, for such examination, at a time and place fixed by the court therefor.
28.5The court administrator of court shall certify to the county auditor of the county having
28.6such examination, or to the county auditor of the county or counties in which
28.7
28.8by the court to be due to the state, if any.
28.9 Sec. 20. Minnesota Statutes 2006, section 6.60, is amended to read:
28.106.60 STATE AUDITOR, CERTIFICATION OF AMOUNTS DUE.
28.11 On October
28.12due the state from the various
28.13subdivisions, including interest computed to July first, following, to the county auditor of
28.14the county having such examination, or to the county auditor of the county in which any
28.15
28.16county auditor, upon receiving a certificate from the state auditor, or a certificate from the
28.17court administrator, as provided in section
28.18claim, with 25 percent added, in the tax levy for general revenue purposes of the
28.19
28.20within any limitation imposed by law upon the amount of taxes which may be levied for
28.21revenue purposes. Upon completion of the June tax settlement following such levy the
28.22county treasurer shall deduct from the amount apportioned to the
28.23political subdivision for general revenue purposes, the amount due the state, including
28.24interest, and remit the same to the commissioner of finance.
28.25 Sec. 21. Minnesota Statutes 2006, section 6.62, subdivision 2, is amended to read:
28.26 Subd. 2. Cost of postaudit. The amount of said levy shall be the amount of the
28.27claim or claims submitted by the state auditor for such services or the auditor's estimate of
28.28the entire cost, and said amount shall be certified by the governing body, after the request
28.29or petition for the audit has been filed, to the county auditor, along with amounts requested
28.30for other governmental purposes. If such levy has been made in excess of statutory
28.31limitations, and if the request or petition is withdrawn after the amount of the levy has
28.32been certified but the levy cannot be canceled because it has been spread on the tax lists,
28.33the governing body shall cause the proceeds of such levy to be transferred to the general
28.34fund and reduce the succeeding year's levy for general purposes accordingly. Provided,
29.1however,
29.2financial affairs are required by statute or charter to be audited at regular intervals may
29.3levy annually or biennially in anticipation of the audit expense, without the presentment of
29.4such claim or estimate by the state auditor.
29.5 Sec. 22. Minnesota Statutes 2006, section 6.63, is amended to read:
29.66.63 APPLICATION.
29.7 The units of government set forth in sections
29.8shall be construed, where applicable, to include, in addition to those therein specifically
29.9named, public utility commissions, public corporations, and instrumentalities.
29.10 Sec. 23. Minnesota Statutes 2006, section 6.64, is amended to read:
29.116.64 COOPERATION WITH PUBLIC ACCOUNTANTS; PUBLIC
29.12ACCOUNTANT DEFINED.
29.13 There shall be mutual cooperation between the state auditor and public accountants
29.14in the performance of auditing, accounting, and other related services for
29.15
29.16purposes of sections
29.17the meaning ascribed to it in section
29.18 Sec. 24. Minnesota Statutes 2006, section 6.65, is amended to read:
29.196.65 MINIMUM PROCEDURES FOR AUDITORS, PRESCRIBED.
29.20 The state auditor shall prescribe minimum procedures and the audit scope for
29.21auditing the books, records, accounts, and affairs of
29.22political subdivisions in Minnesota. The minimum scope for audits of all
29.23
29.24Audits of all school districts must include a determination of compliance with uniform
29.25financial accounting and reporting standards. The state auditor shall promulgate an
29.26audit guide for legal compliance audits, in consultation with representatives of the state
29.27auditor, the attorney general, towns, cities, counties, school districts, and private sector
29.28public accountants.
29.29 Sec. 25. Minnesota Statutes 2006, section 6.66, is amended to read:
29.306.66 CERTAIN PRACTICES OF PUBLIC ACCOUNTANTS AUTHORIZED.
30.1 Any public accountant may engage in the practice of auditing the books, records,
30.2accounts, and affairs of
30.3
30.4audited exclusively by the state auditor.
30.5 Sec. 26. Minnesota Statutes 2006, section 6.67, is amended to read:
30.66.67 PUBLIC ACCOUNTANTS; REPORT OF EVIDENCE POINTING TO
30.7MISCONDUCT.
30.8 Whenever a public accountant in the course of auditing the books and affairs of a
30.9
30.10discover evidence pointing to nonfeasance, misfeasance, or malfeasance, on the part of
30.11an officer or employee in the conduct of duties and affairs, the public accountant shall
30.12promptly make a report of such discovery to the state auditor and the county attorney of
30.13the county in which the
30.14accountant shall also furnish a copy of the report of audit upon completion to said officers.
30.15The county attorney shall act on such report in the same manner as required by law for
30.16reports made to the county attorney by the state auditor.
30.17 Sec. 27. Minnesota Statutes 2006, section 6.68, is amended to read:
30.186.68 STATE AUDITOR MAY ASSIST PUBLIC ACCOUNTANT IN AUDIT.
30.19 Subdivision 1. Request to governing body. If in an audit of a
30.20
30.21need of the assistance of the state auditor, the accountant may obtain such assistance
30.22by requesting the governing body of the
30.23examined to request the state auditor to perform such auditing or investigative services, or
30.24both, as the matter and the public interest require.
30.25 Subd. 2. Auditor's report; payment. The state auditor shall work in close
30.26cooperation with the public accountant in rendering the services so requested and the
30.27state auditor shall make such report of findings to the county attorney as is required by
30.28law to be made of nonfeasance, misfeasance, and malfeasance discovered by the state
30.29auditor. The
30.30such services so performed by the state auditor in the same manner as if it had requested
30.31the services pursuant to section
31.1 Sec. 28. Minnesota Statutes 2006, section 6.70, is amended to read:
31.26.70 ACCESS TO REPORTS.
31.3 The state auditor and the public accountants shall have reasonable access to each
31.4other's audit reports, working papers, and audit programs concerning audits made by each
31.5of
31.6subdivisions.
31.7 Sec. 29. Minnesota Statutes 2006, section 6.71, is amended to read:
31.86.71 SCOPE OF AUDITOR'S INVESTIGATION.
31.9 Whenever the governing body of a
31.10subdivision shall have requested a public accountant to make an audit of its books and
31.11affairs, and such audit is in progress or has been completed, and registered voters or
31.12electors petition or the governing body requests or both the state auditor to make an
31.13examination covering the same, or part of the same, period, the state auditor may, in the
31.14public interest, limit the scope of the examination to less than that specified in section
31.16within the state auditor's powers and duties to investigate.
31.17 Sec. 30. Minnesota Statutes 2006, section 6.715, is amended by adding a subdivision
31.18to read:
31.19 Subd. 5. Review of data; data protection. If, before releasing a report, the state
31.20auditor provides a person with data relating to the audit for the purpose of review and
31.21verification of the data, the person must protect the data from unlawful disclosure or be
31.22subject to the penalties and liabilities provided in sections 13.08 and 13.09.
31.23 Sec. 31. [6.756] SPECIAL DISTRICTS; INFORMATION REQUIRED TO BE
31.24FILED WITH STATE AUDITOR; AUDITS.
31.25 Subdivision 1. Governance documents must be filed. Each special district must
31.26file with the state auditor, within 60 days of adoption, any document relating to the
31.27governance of the district, including articles of incorporation, bylaws, or agreements,
31.28and any amendment to these documents.
31.29 Subd. 2. Audit requirements. (a) A special district with total annual revenue
31.30greater than the threshold amount for cities under section 412.591, subdivision 3,
31.31paragraph (b), must provide for an annual audit of the district's financial affairs by the
31.32state auditor or a public accountant in accordance with minimum auditing procedures
31.33prescribed by the state auditor.
32.1 (b) A special district with total annual revenue that is equal to or less than the
32.2threshold amount for cities under section 412.591, subdivision 3, paragraph (b), must
32.3provide for an audit of the district's financial affairs by the state auditor or a public
32.4accountant in accordance with minimum audit procedures prescribed by the state auditor
32.5at least once every five years. The audit must be for a one-year period to be determined
32.6at random by the person conducting the audit. The audited financial statement must be
32.7prepared in a form prescribed by the state auditor similar to the reporting requirements for
32.8cities under 2,500 in population. For any year in which a special district is not audited,
32.9the district must prepare a financial statement in a form prescribed by the state auditor
32.10similar to the reporting requirements for cities reporting on a cash basis and file that
32.11statement with the state auditor.
32.12 (c) This subdivision does not apply to a special district subject to financial auditing
32.13and reporting requirements under other law.
32.14 Subd. 3. Presentation to governing board; filing with state auditor. Except as
32.15provided by other law, financial statements and audits must be completed, presented to the
32.16district's governing board, and filed with the state auditor within 180 days after the end of
32.17the district's fiscal year.
32.18 Sec. 32. Minnesota Statutes 2006, section 6.76, is amended to read:
32.196.76
32.20EXPENDITURES FOR LOBBYISTS.
32.21 (a) On or before January 31 of each year, all
32.22
32.23subdivisions shall report to the state auditor, on forms prescribed by the auditor, their
32.24estimated expenditures paid for the previous calendar year to a lobbyist as defined in
32.25section
32.26political subdivisions that are reported under paragraph (b), and to any staff person not
32.27registered as a lobbyist, over 25 percent of whose time is spent during the legislative
32.28session on legislative matters.
32.29 (b) Associations of
32.30shall report annually, on or before January 31, to the state auditor and the association's
32.31members the proportionate amount of each member's dues spent for lobbying purposes.
32.32 (c) For purposes of this section, "political subdivision" has the meaning given in
32.33section 6.465, but also includes a metropolitan or regional agency or a public corporation
32.34audited by the legislative auditor.
33.1 Sec. 33. [8.37] ASSISTANCE TO VETERANS.
33.2 The attorney general may advise and assist veterans and their families as to services
33.3available from public and private agencies. For purposes of this section, "veteran" means
33.4any veteran or active member of the United States armed services, including the National
33.5Guard and Reserves.
33.6 Sec. 34. [11A.27] REPORT ON INVESTMENT CONSULTANT ACTIVITIES
33.7AND DELIVERABLES.
33.8 (a) Annually, on or before November 1, the State Board of Investment shall file a
33.9report with the Legislative Reference Library on the activities and work product during
33.10that year of any investment consultants retained by the board.
33.11 (b) The report must include the following items:
33.12 (1) the total contract fee paid to each investment consultant;
33.13 (2) a listing of the projects in which the investment consultant was involved; and
33.14 (3) examples of the written work product provided by the investment consultant on
33.15those projects during the report coverage period.
33.16EFFECTIVE DATE.This section is effective June 30, 2007.
33.17 Sec. 35. [12.62] MINNESOTA LEGISLATIVE COMMISSION ON TERRORISM
33.18AND DISASTER PREPAREDNESS.
33.19 Subdivision 1. Creation; duties. The Legislative Commission on Terrorism and
33.20Disaster Preparedness is established to:
33.21 (1) advise the legislature on issues related to homeland security, emergency
33.22management, man-made and natural disasters, terrorism, bioterrorism, public health
33.23emergencies, and vulnerabilities in the public and private infrastructures;
33.24 (2) oversee the disaster preparation activities of the Department of Health,
33.25Department of Public Safety, and any other state agency, office, commission, or board that
33.26is within the commission's purview, and make recommendations to these organizations of
33.27changes or additions to the organizations' disaster preparedness and risk reduction work
33.28plans that the commission deems advisable; and
33.29 (3) make policy and finance recommendations to improve the state's public and
33.30private capacity to prevent, respond to, and recover from man-made and natural threats to
33.31the state.
33.32 Subd. 2. Membership. (a) The commission consists of:
33.33 (1) three members of the house of representatives, one of whom must be a member
33.34of the minority party, to be appointed by the speaker of the house of representatives;
34.1 (2) three members of the senate, one of whom must be a member of the minority
34.2party, to be appointed by the senate majority leader;
34.3 (3) the commissioner of public safety, or a designee, as an ex-officio member;
34.4 (4) the commissioner of health, or a designee, as an ex-officio member;
34.5 (5) the attorney general, or a designee, as an ex-officio member;
34.6 (6) two citizen members with relevant expertise, selected by the speaker of the
34.7house of representatives;
34.8 (7) two citizen members with relevant expertise, selected by the senate majority
34.9leader;
34.10 (8) two citizen members, selected by the speaker of the house of representatives; and
34.11 (9) two citizen members, selected by the senate majority leader.
34.12 (b) Members serve for a term expiring at the close of each regular session of the
34.13legislature but continue to serve until their successors are appointed. Members may be
34.14reappointed. The appointing authority shall fill vacancies.
34.15 (c) One member, elected by a majority of members, shall serve as the commission
34.16chair. The commission chair should have relevant subject matter education, training, and
34.17experience. The commission is authorized to elect a vice-chair and other officers as it
34.18deems necessary. The commission shall determine the duties of each officer.
34.19 (d) The commission chair shall convene meetings of the commission on a regular
34.20basis.
34.21 Subd. 3. Compensation. Compensation of legislative members is as provided in
34.22section 3.101. Compensation of the remaining members is as provided in section 15.0575.
34.23 Subd. 4. Staff. The commission may appoint and fix the compensation of such
34.24additional legal and other personnel and consultants or contract for services to supply
34.25necessary data as may be necessary to enable the commission to carry out its functions.
34.26 Subd. 5. Data from state agencies; availability. The commission may request
34.27information from any state officer or agency or political subdivision of the state in order to
34.28assist the commission in carrying out its duties and the state officer, agency, or subdivision
34.29must promptly furnish any data required, subject to applicable requirements or restrictions
34.30imposed by chapter 13 and section 15.17.
34.31 Subd. 6. Report. By January 15 of each year, the commission must submit a
34.32report that contains the commission's policy and appropriation recommendations to the
34.33legislature, the commissioner of health, and the commissioner of public safety.
34.34 Subd. 7. Repeal. This section is repealed June 30, 2011.
34.35EFFECTIVE DATE.This section is effective July 1, 2007.
35.1 Sec. 36. [13.595] GRANTS.
35.2 Subdivision 1. Definitions. For purposes of this section, the following terms have
35.3the meanings given them.
35.4 (a) "Completion of the evaluation process" means that the granting agency has
35.5completed negotiating the grant agreement with the selected grantee.
35.6 (b) "Grant agreement" means the document that details the responsibilities of the
35.7grantee and the granting agency and the value to be provided to the grantee.
35.8 (c) "Grantee" means a person that applies for or receives a grant.
35.9 (d) "Granting agency" means the government entity that provides the grant.
35.10 (e) "Opened" means the act that occurs once the deadline for submitting a response
35.11to a proposal to the granting agency has been reached.
35.12 (f) "Request for proposal" means the data outlining the responsibilities the granting
35.13agency wants the grantee to assume.
35.14 (g) "Response" means the data submitted by a grantee as required by a request for
35.15proposal.
35.16 Subd. 2. Request for applications. Data created by a granting agency to create a
35.17request for proposal is classified as nonpublic until the request for proposal is published.
35.18To the extent that a granting agency involves persons outside the granting agency to create
35.19the request for proposal, the data remain nonpublic in the hands of all persons who may
35.20not further disseminate any data that are created or reviewed as part of the request for
35.21proposal development. At publication, the data in the request for proposal is public.
35.22 Subd. 3. Responses to request for proposals. (a) Responses submitted by a grantee
35.23are private or nonpublic until the responses are opened. Once the responses are opened,
35.24the name and address of the grantee and the amount requested is public. All other data in a
35.25response is private or nonpublic data until completion of the evaluation process. After a
35.26granting agency has completed the evaluation process, all remaining data in the responses
35.27is public with the exception of trade secret data as defined and classified in section 13.37.
35.28A statement by a grantee that the response is copyrighted or otherwise protected does
35.29not prevent public access to the response.
35.30 (b) If all responses are rejected prior to completion of the evaluation process,
35.31all data, other than that made public at the opening, remain private or nonpublic
35.32until a resolicitation of proposals results in completion of the evaluation process or a
35.33determination is made to abandon the grant. If the rejection occurs after the completion of
35.34the evaluation process, the data remain public. If a resolicitation of proposals does not
35.35occur within one year of the grant opening date, the remaining data become public.
36.1 Subd. 4. Evaluation data. (a) Data created or maintained by a granting agency as
36.2part of the evaluation process referred to in this section are protected nonpublic data until
36.3completion of the evaluation process at which time the data are public with the exception
36.4of trade secret data as defined and classified in section 13.37.
36.5 (b) If a granting agency asks individuals outside the granting agency to assist with
36.6the evaluation of the responses, the granting agency may share not public data in the
36.7responses with those individuals. The individuals participating in the evaluation may not
36.8further disseminate the not public data they review.
36.9 Sec. 37. Minnesota Statutes 2006, section 13.605, subdivision 1, is amended to read:
36.10 Subdivision 1. Legislative and budget proposal data. (a) Definition. As used
36.11in this section, "state administration" means the governor's office, the Department of
36.12Finance, and any state agency that is under the direct control of the governor.
36.13 (b) Classifications. Legislative and budget proposals, including preliminary
36.14drafts, that are created, collected, or maintained by the state administration are protected
36.15nonpublic data
36.16administration
36.17budget is presented to the legislature.
36.18The state administration may disclose any of the data within the state administration and
36.19to the public at any time if disclosure would aid the administration in considering and
36.20preparing its proposals.
36.21 Sec. 38. [15B.055] PARKING SPACES.
36.22 To provide the public with greater access to legislative proceedings, all parking
36.23spaces on Aurora Avenue in front of the Capitol building must be reserved for the public.
36.24 Sec. 39. Minnesota Statutes 2006, section 15B.17, subdivision 1, is amended to read:
36.25 Subdivision 1. Proposals. (a) Before a state agency or other public body develops
36.26
36.27improvements within the Capitol Area to submit to the legislature and the governor,
36.28it must consult with the board.
36.29 (b) The public body must provide enough money for the board's review and planning
36.30if the board decides its review and planning services are necessary. Money received by the
36.31board under this subdivision is deposited in the special revenue fund and appropriated to
36.32the board.
37.1 Sec. 40. Minnesota Statutes 2006, section 16A.103, subdivision 1e, is amended to read:
37.2 Subd. 1e. Economic information. The commissioner must review economic
37.3information including economic forecasts with legislative fiscal staff no later than two
37.4weeks before the forecast is released. The commissioner must invite the chairs and lead
37.5minority members of the senate
37.6Ways and Means Committee, and legislative fiscal staff to attend any meetings held with
37.7outside economic advisors. The commissioner must provide legislative fiscal staff with
37.8monthly economic forecast information received from outside sources.
37.9 Sec. 41. [16A.104] BASE BUDGET DETAIL.
37.10 Within one week of the release of the budget forecasts required in section 16A.103
37.11in November of an even-numbered year and February of an odd-numbered year, the
37.12commissioner of finance must provide to the legislature information that illustrates how the
37.13base level budget for the next biennium is projected to be spent. In designing the report,
37.14the commissioner must consult with the chairs of the house of representatives and senate
37.15Finance Committees and the house of representatives Committee on Ways and Means.
37.16 Sec. 42. [16A.107] CASH FLOW FORECAST.
37.17 Within two weeks after the November forecast of state revenue and expenditures
37.18under section 16A.103, the commissioner shall deliver to the governor and the legislature
37.19a forecast of cash flow for the general fund, showing the expected maximum and minimum
37.20cash balance in the fund for each month of the forecast period.
37.21 Sec. 43. Minnesota Statutes 2006, section 16A.11, is amended by adding a subdivision
37.22to read:
37.23 Subd. 3d. Budget bills. The necessary bills to implement the governor's operating
37.24budget must be submitted to the legislature within two weeks after the operating budget
37.25was submitted. The necessary bills to implement the governor's capital budget must be
37.26submitted to the legislature within two weeks after the capital budget was submitted.
37.27 Sec. 44. [16A.117] CONTINUING APPROPRIATIONS.
37.28 If a major appropriation bill to fund a given state agency for the next biennium has
37.29not been passed in the same form by the house of representatives and senate and been
37.30presented to the governor before July 1 of an odd-numbered year, amounts sufficient to
37.31continue operation of that agency and the programs administered by that agency through
37.32July 31 of the fiscal year beginning in the same calendar year at the base level for that
38.1fiscal year, as determined according to section 16A.11, subdivision 3, and previous
38.2appropriation acts, are appropriated to the agency from the appropriate funds and accounts
38.3in the state treasury. The base level for an appropriation that was designated as onetime or
38.4was onetime in nature is zero. Determination of the amount appropriated may be made
38.5on a proration of the annual amount or another reasonable basis as determined by the
38.6commissioner of finance.
38.7 Sec. 45. Minnesota Statutes 2006, section 16A.1286, subdivision 2, is amended to read:
38.8 Subd. 2. Billing procedures. The commissioner may bill up to $7,520,000 in
38.9each fiscal year for statewide systems services provided to state agencies, judicial branch
38.10agencies, the University of Minnesota, the Minnesota State Colleges and Universities,
38.11and other entities.
38.12
38.13agency operating appropriations to the statewide systems account the amount billed by
38.14the commissioner. Billing policies and procedures related to statewide systems services
38.15must be developed by the commissioner in consultation with the commissioners of
38.16employee relations and administration, the University of Minnesota, and the Minnesota
38.17State Colleges and Universities.
38.18 Sec. 46. [16B.327] DEFINITIONS.
38.19 Subdivision 1. Application. For the purposes of section 16B.328, the definitions
38.20in this section have the meanings given.
38.21 Subd. 2. Energy conservation. "Energy conservation" means reducing energy use
38.22and includes: (1) using a light with lower wattage; and (2) using devices such as time
38.23controls, motion detectors, or on and off switches that limit unnecessary use of lighting.
38.24 Subd. 3. Cutoff luminaire. "Cutoff luminaire" means a luminaire in which 2.5
38.25percent or less of the lamp lumens are emitted above a horizontal plane through the
38.26luminaire's lowest part and ten percent or less of the lamp lumens are emitted at a vertical
38.27angle 80 degrees above the luminaire's lowest point.
38.28 Subd. 4. Light pollution. "Light pollution" means the shining of light produced by
38.29a luminaire above the height of the luminaire and into the sky.
38.30 Subd. 5. Lumen. "Lumen" means a unit of luminous flux. One footcandle is one
38.31lumen per square foot. For purposes of section 16B.328, the lumen-output values are
38.32the initial lumen output rating of the lamp.
38.33 Subd. 6. Luminaire "Luminaire" means a complete lighting unit consisting of a
38.34light source and all necessary mechanical, electrical, and decorative parts.
39.1 Subd. 7. Outdoor lighting fixture. "Outdoor lighting fixture" means any type of
39.2fixed or movable lighting equipment that is designed or used for illumination outdoors.
39.3The term includes billboard lighting, streetlights, searchlights, and other lighting used for
39.4advertising purposes and area lighting. The term does not include lighting equipment
39.5that is required by law to be installed on motor vehicles or lighting required for the safe
39.6operation of aircraft.
39.7 Sec. 47. [16B.328] STANDARDS FOR STATE FUNDED OUTDOOR LIGHTING
39.8FIXTURES; MODEL ORDINANCE.
39.9 Subdivision 1. Outdoor lighting fixtures. (a) An outdoor lighting fixture may be
39.10installed or replaced using state funds only if:
39.11 (1) the new or replacement outdoor lighting fixture is a cutoff luminaire if the rated
39.12output of the outdoor lighting fixture is greater than 1,800 lumens;
39.13 (2) the minimum illuminance adequate for the intended purpose is used with
39.14consideration given to nationally recognized standards;
39.15 (3) for lighting of a designated highway of the state highway system, the Department
39.16of Transportation determines that the purpose of the outdoor lighting fixture cannot be
39.17achieved by the installation of reflective road markers, lines, warning or informational
39.18signs, or other effective passive methods; and
39.19 (4) full consideration has been given to energy conservation and savings, reducing
39.20glare, minimizing light pollution, and preserving the natural night environment.
39.21 (b) Paragraph (a) does not apply if:
39.22 (1) a federal law, rule, or regulation preempts state law;
39.23 (2) the outdoor lighting fixture is used on a temporary basis because emergency
39.24personnel require additional illumination for emergency procedures;
39.25 (3) the outdoor lighting fixture is used on a temporary basis for nighttime work;
39.26 (4) special events or situations require additional illumination, provided that the
39.27illumination installed shields the outdoor lighting fixtures from direct view and minimizes
39.28upward lighting and light pollution;
39.29 (5) the outdoor lighting fixture is used solely to highlight the aesthetic aspects of
39.30a single object or distinctive building; or
39.31 (6) a compelling safety interest exists that cannot be addressed by another method.
39.32 (c) This subdivision does not apply to the operation and maintenance of lights or
39.33lighting systems purchased or installed, or for which design work is completed, before
39.34August 1, 2007.
40.1 (d) This section does not apply if a state agency or local unit of government
40.2determines that compliance with this section would:
40.3 (i) require an increased use of electricity;
40.4 (ii) increase the construction cost of a lighting system more than 15 percent over the
40.5construction cost of a lighting system that does not comply with this section;
40.6 (iii) increase the cost of operation and maintenance of the lighting system more than
40.7ten percent over the cost of operating and maintaining the existing lighting system over
40.8the life of the lighting system; or
40.9 (iv) result in a negative safety impact.
40.10 Subd. 2. Model ordinance. The commissioner of administration, in consultation
40.11with the commissioner of commerce, associations for local governments, and any other
40.12interested person, shall develop a model ordinance that can be adapted for use by cities,
40.13counties, and towns, governing outdoor lighting to reduce light pollution. The model
40.14ordinance must include provisions addressing elements similar to those in subdivision 1.
40.15In addition, the model ordinance must address:
40.16 (1) standards for lighting on private property, outdoor advertising, lighting on
40.17commercial, industrial, or institutional property, canopies covering fueling stations, and
40.18public streets, sidewalks, and alleys;
40.19 (2) how illumination levels should be measured;
40.20 (3) possible exemptions, such as for temporary emergency or hazard lighting;
40.21 (4) recommended elements for an exterior lighting plan for a development;
40.22 (5) treatment of nonconforming lighting;
40.23 (6) lighting standards that might apply in special subdistricts;
40.24 (7) light pole maximum heights; and
40.25 (8) light trespass.
40.26 Sec. 48. Minnesota Statutes 2006, section 16B.35, subdivision 1, is amended to read:
40.27 Subdivision 1. Percent of appropriations for art. An appropriation for the
40.28construction or alteration of any state building may contain an amount not to exceed
40.29
40.30acquisition of works of art, excluding landscaping, which may be an integral part of the
40.31building or its grounds, attached to the building or grounds or capable of being displayed
40.32in other state buildings.
40.33
40.34
40.35for this purpose is available only for the acquisition of works of art to be exhibited in areas
41.1of a building or its grounds accessible, on a regular basis, to members of the public. No
41.2more than ten percent of the total amount available each fiscal year under this subdivision
41.3may be used for administrative expenses, either by the commissioner of administration or
41.4by any other entity to whom the commissioner delegates administrative authority. For the
41.5purposes of this section "state building" means a building the construction or alteration of
41.6which is paid for wholly or in part by the state.
41.7EFFECTIVE DATE.This section is effective July 1, 2007. The repeal of the
41.8$100,000 limit in this section applies to appropriations made before, on, or after that date.
41.9 Sec. 49. [16B.97] GRANTS MANAGEMENT.
41.10 Subdivision 1. Grant agreement. (a) A grant agreement is a written instrument
41.11or electronic document defining a legal relationship between a granting agency and a
41.12grantee when the principal purpose of the relationship is to transfer cash or something of
41.13value to the recipient to support a public purpose authorized by law instead of acquiring
41.14by professional/technical contract, purchase, lease, or barter property or services for the
41.15direct benefit or use of the granting agency.
41.16 (b) This section does not apply to capital project grants to political subdivisions as
41.17defined by section 16A.86.
41.18 Subd. 2. Grants governance. The commissioner shall provide leadership and
41.19direction for policy related to grants management in Minnesota in order to foster more
41.20consistent, streamlined interaction between executive agencies, funders, and grantees that
41.21will enhance access to grant opportunities and information and lead to greater program
41.22accountability and transparency. The commissioner has the duties and powers stated in this
41.23section. An executive agency must do what the commissioner requires under this section.
41.24 Subd. 3. Discretionary powers. The commissioner has the authority to:
41.25 (1) review grants management practices and propose policy and procedure
41.26improvements to the governor, legislature, executive agencies, and the federal government;
41.27 (2) sponsor, support, and facilitate innovative and collaborative grants management
41.28projects with public and private organizations;
41.29 (3) review, recommend, and implement alternative strategies for grants management;
41.30 (4) collect and disseminate information, issue reports relating to grants management,
41.31and sponsor and conduct conferences and studies; and
41.32 (5) participate in conferences and other appropriate activities related to grants
41.33management issues.
41.34 Subd. 4. Duties. (a) The commissioner shall:
42.1 (1) create general grants management policies and procedures that are applicable to
42.2all executive agencies. The commissioner may approve exceptions to these policies and
42.3procedures for particular grant programs. Exceptions shall expire or be renewed after five
42.4years. Executive agencies shall retain management of individual grants programs;
42.5 (2) provide a central point of contact concerning statewide grants management
42.6policies and procedures;
42.7 (3) serve as a resource to executive agencies in such areas as training, evaluation,
42.8collaboration, and best practices in grants management;
42.9 (4) ensure grants management needs are considered in the development, upgrade,
42.10and use of statewide administrative systems and leverage existing technology whereever
42.11possible;
42.12 (5) oversee and approve future professional and technical service contracts and
42.13other information technology spending related to executive agency grants management
42.14activities;
42.15 (6) provide a central point of contact for comments about executive agencies
42.16violating statewide grants governance policies and about fraud and waste in grants
42.17processes;
42.18 (7) forward received comments to the appropriate agency for further action, and
42.19may follow up as necessary; and
42.20 (8) provide a single listing of all available executive agency competitive grant
42.21opportunities and resulting grant recipients.
42.22 (b) The commissioner may determine that it is cost-effective for agencies to develop
42.23and use shared grants management technology systems. This system would be governed
42.24under section 16E.01, subdivision 3, paragraph (b).
42.25 (c) The duties assigned to the commissioner in this subdivision with respect to
42.26grants also apply to easements granted by executive agencies.
42.27 Sec. 50. [16B.98] GRANT AGREEMENTS.
42.28 Subdivision 1. Limitation. As a condition of receiving a grant from an appropriation
42.29of state funds, the recipient of the grant must agree to minimize administrative costs. The
42.30granting agency is responsible for negotiating appropriate limits to these costs so that the
42.31state derives the optimum benefit for grant funding.
42.32 Subd. 2. Ethical practices and conflict of interest. An employee of the executive
42.33branch involved directly or indirectly in grants processes, at any level, is subject to the
42.34code of ethics in section 43A.38.
43.1 Subd. 3. Conflict of interest. (a) The commissioner must develop policies
43.2regarding code of ethics and conflict of interest designed to prevent conflicts of interest
43.3for employees, committee members, or others involved in the recommendation, award,
43.4and administration of grants. The policies must apply to employees who are directly or
43.5indirectly in the grants process, which may include the following:
43.6 (1) developing request for proposals or evaluation criteria;
43.7 (2) drafting, recommending, awarding, amending, revising, or entering into grant
43.8agreements;
43.9 (3) evaluating or monitoring performance; or
43.10 (4) authorizing payments.
43.11 (b) The policies must include:
43.12 (1) a process to make all parties to the grant aware of policies and laws relating to
43.13conflict of interest, and training on how to avoid and address potential conflicts; and
43.14 (2) a process under which those who have a conflict of interest or a potential conflict
43.15of interest must disclose the matter.
43.16 (c) If the employee, appointing authority, or commissioner determines that a conflict
43.17of interest exists, the matter shall be assigned to another employee who does not have a
43.18conflict of interest. If it is not possible to assign the matter to an employee who does not
43.19have a conflict of interest, interested personnel shall be notified of the conflict and the
43.20employee may proceed with the assignment.
43.21 Subd. 4. Reporting of violations. A state employee who discovers evidence
43.22of violation of laws or rules governing grants is encouraged to report the violation or
43.23suspected violation to the employee's supervisor, the commissioner or the commissioner's
43.24designee, or the legislative auditor. The legislative auditor shall report to the Legislative
43.25Audit Commission if there are multiple complaints about the same agency. The auditor's
43.26report to the Legislative Audit Commission under this section must disclose only the
43.27number and type of violations alleged. An employee making a good faith report under this
43.28section has the protections provided for under section 181.932, prohibiting the employer
43.29from discriminating against the employee.
43.30 Subd. 5. Creation and validity of grant agreements. (a) A grant agreement is
43.31not valid and the state is not bound by the grant unless:
43.32 (1) the grant has been executed by the head of the agency or a delegate who is
43.33party to the grant; and
43.34 (2) the accounting system shows an encumbrance for the amount of the grant in
43.35accordance with policy approved by the commissioner.
44.1 (b) The combined grant agreement and amendments must not exceed five years
44.2without specific, written approval by the commissioner according to established policy,
44.3procedures, and standards, or unless the commissioner determines that a longer duration is
44.4in the best interest of the state.
44.5 (c) A fully executed copy of the grant agreement with all amendments and other
44.6required records relating to the grant must be kept on file at the granting agency for a time
44.7equal to that required of grantees in subdivision 8.
44.8 (d) Grant agreements must comply with policies established by the commissioner
44.9for minimum grant agreement standards and practices.
44.10 (e) The attorney general may periodically review and evaluate a sample of state
44.11agency grants to ensure compliance with applicable laws.
44.12 Subd. 6. Grant administration. A granting agency shall diligently administer
44.13and monitor any grant it has entered into.
44.14 Subd. 7. Grant payments. Payments to the grantee may not be issued until the
44.15grant agreement is fully executed.
44.16 Subd. 8. Audit. (a) A grant agreement made by an executive agency must include
44.17an expressed or implied audit clause that provides that the books, records, documents,
44.18and accounting procedures and practices of the grantee or other party that are relevant to
44.19the grant or transaction are subject to examination by the granting agency and either the
44.20legislative auditor or the state auditor, as appropriate, for a minimum of six years from the
44.21grant agreement end date, receipt and approval of all final reports, or the required period
44.22of time to satisfy all state and program retention requirements, whichever is later.
44.23 (b) If the granting agency is a local unit of government, and the governing body of
44.24the local unit of government requests that the state auditor examine the books, records,
44.25documents, and accounting procedures and practices of the grantee or other party
44.26according to this subdivision, the granting agency shall be liable for the cost of the
44.27examination. If the granting agency is a local unit of government, and the grantee or other
44.28party requests that the state auditor examine all books, records, documents, and accounting
44.29procedures and practices related to the grant, the grantee or other party that requested the
44.30examination shall be liable for the cost of the examination.
44.31 Subd. 9. Authority of attorney general. The attorney general may pursue
44.32remedies available by law to avoid the obligation of an agency to pay under a grant or to
44.33recover payments made if activities under the grant are so unsatisfactory, incomplete, or
44.34inconsistent that payment would involve unjust enrichment. The contrary opinion of the
44.35granting agency does not affect the power of the attorney general under this subdivision.
45.1 Subd. 10. Grants with Indian tribes and bands. Notwithstanding any other law,
45.2an agency may not require an Indian tribe or band to deny its sovereignty as a requirement
45.3or condition of a grant with an agency.
45.4 Sec. 51. Minnesota Statutes 2006, section 16C.02, is amended by adding a subdivision
45.5to read:
45.6 Subd. 3a. Best and final offer. "Best and final offer" means an optional step in
45.7the solicitation process in which responders are requested to improve their response by
45.8methods including, but not limited to, the reduction of cost, clarification or modification of
45.9the response, or the provision of additional information.
45.10 Sec. 52. Minnesota Statutes 2006, section 16C.02, subdivision 4, is amended to read:
45.11 Subd. 4. Best value. "Best value" describes a result intended in the acquisition of all
45.12goods and services. Price must be one of the evaluation criteria when acquiring goods
45.13and services. Other evaluation criteria may include, but are not limited to, environmental
45.14considerations, quality, and vendor performance. In achieving "best value" strategic
45.15sourcing tools, including but not limited to best and final offers, negotiations, contract
45.16consolidation, product standardization, and mandatory-use enterprise contracts shall be
45.17used at the commissioner's discretion.
45.18 Sec. 53. Minnesota Statutes 2006, section 16C.02, is amended by adding a subdivision
45.19to read:
45.20 Subd. 6a. Enterprise procurement. "Enterprise procurement" means the process
45.21undertaken by the commissioner to leverage economies of scale of multiple end users to
45.22achieve cost savings and other favorable terms in contracts for goods and services.
45.23 Sec. 54. Minnesota Statutes 2006, section 16C.02, subdivision 12, is amended to read:
45.24 Subd. 12. Request for proposal or RFP. "Request for proposal" or "RFP" means a
45.25solicitation in which it is not advantageous to set forth all the actual, detailed requirements
45.26at the time of solicitation and responses are
45.27best value for the state.
45.28 Sec. 55. Minnesota Statutes 2006, section 16C.02, subdivision 14, is amended to read:
45.29 Subd. 14. Response. "Response" means the offer received from a vendor in
45.30response to a solicitation. A response includes submissions commonly referred to as
45.31"offers," "bids," "quotes,"
46.1 Sec. 56. Minnesota Statutes 2006, section 16C.02, is amended by adding a subdivision
46.2to read:
46.3 Subd. 20. Strategic sourcing. "Strategic sourcing" means methods used to
46.4analyze and reduce spending on goods and services, including but not limited to
46.5spend analysis, product standardization, contract consolidation, negotiations, multiple
46.6jurisdiction purchasing alliances, reverse and forward auctions, life-cycle costing, and
46.7other techniques.
46.8 Sec. 57. Minnesota Statutes 2006, section 16C.03, subdivision 2, is amended to read:
46.9 Subd. 2. Rulemaking authority. Subject to chapter 14, the commissioner may
46.10adopt rules, consistent with this chapter and chapter 16B, relating to the following topics:
46.11 (1) procurement process including solicitations and responses to solicitations, bid
46.12security, vendor errors, opening of responses, award of contracts, tied bids, and award
46.13protest process;
46.14 (2) contract performance and failure to perform;
46.15 (3) authority to debar or suspend vendors, and reinstatement of vendors;
46.16 (4) contract cancellation;
46.17 (5) procurement from rehabilitation facilities; and
46.18 (6) organizational conflicts of interest.
46.19 Sec. 58. Minnesota Statutes 2006, section 16C.03, subdivision 4, is amended to read:
46.20 Subd. 4. Contracting authority. The commissioner shall conduct all contracting by,
46.21for, and between agencies and perform all contract management and review functions for
46.22contracts, except those functions specifically delegated to be performed by the contracting
46.23agency, the attorney general, or otherwise provided for by law. The commissioner may
46.24require that agency staff participate in the development of enterprise procurements
46.25including the development of product standards, specifications and other requirements.
46.26 Sec. 59. Minnesota Statutes 2006, section 16C.03, subdivision 8, is amended to read:
46.27 Subd. 8. Policy and procedures. The commissioner is authorized to issue policies,
46.28procedures, and standards applicable to all acquisition activities by and for agencies.
46.29Consistent with the authority specified in this chapter, the commissioner shall develop
46.30and implement policies, procedures, and standards ensuring the optimal use of strategic
46.31sourcing techniques.
46.32 Sec. 60. Minnesota Statutes 2006, section 16C.03, subdivision 16, is amended to read:
47.1 Subd. 16. Delegation of duties. The commissioner may delegate duties imposed by
47.2this chapter to the head of an agency and to any subordinate of the agency head. Delegated
47.3duties shall be exercised in the name of the commissioner and under the commissioner's
47.4direct supervision and control. A delegation of duties may include, but is not limited to,
47.5allowing individuals within agencies to acquire goods, services, and utilities within dollar
47.6limitations and for designated types of acquisitions. Delegation of contract management
47.7and review functions must be filed with the secretary of state and may not, except with
47.8respect to delegations within the Department of Administration, exceed two years in
47.9duration. The commissioner may withdraw any delegation at the commissioner's sole
47.10discretion. The commissioner may require an agency head or subordinate to accept
47.11delegated responsibility to procure goods or services intended for the exclusive use of the
47.12agency receiving the delegation.
47.13 Sec. 61. [16C.046] WEB SITE WITH SEARCHABLE DATABASE ON STATE
47.14CONTRACTS AND GRANTS.
47.15 (a) The commissioner of administration must maintain a Web site with a searchable
47.16database providing the public with information on state contracts, including grant
47.17contracts. The database must include the following information for each state contract
47.18valued in excess of $25,000:
47.19 (1) the name and address of the entity receiving the contract;
47.20 (2) the name of the agency entering into the contract;
47.21 (3) whether the contract is:
47.22 (i) for goods;
47.23 (ii) for professional or technical services;
47.24 (iii) for services other than professional and technical services; or
47.25 (iv) a grant;
47.26 (4) a brief statement of the purpose of the contract or grant;
47.27 (5) the amount of the contract or grant and the fund from which this amount will be
47.28paid; and
47.29 (6) the dollar value of state contracts, other than grants, the entity has received in each
47.30fiscal year and the dollar value of state grants the entity has received in each fiscal year.
47.31 (b) Required information on a new contract or grant must be entered into the
47.32database within 30 days of the time the contract is entered into.
47.33 (c) For purposes of this section, a "grant" is a contract between a state agency and
47.34a recipient, the primary purpose of which is to transfer cash or a thing of value to the
47.35recipient to support a public purpose. Grant does not include payments to units of local
48.1government, payments to state employees, or payments made under laws providing for
48.2assistance to individuals.
48.3 (d) The database must include information on grants and contracts entered into
48.4beginning with fiscal year 2008 funds, and must retain that data for ten years.
48.5EFFECTIVE DATE.This section is effective January 1, 2008.
48.6 Sec. 62. Minnesota Statutes 2006, section 16C.05, subdivision 1, is amended to read:
48.7 Subdivision 1. Agency cooperation. Agencies shall fully cooperate with the
48.8commissioner in the management and review of state contracts and in the development
48.9and implementation of strategic sourcing techniques.
48.10 Sec. 63. Minnesota Statutes 2006, section 16C.05, subdivision 2, is amended to read:
48.11 Subd. 2. Creation and validity of contracts. (a) A contract is not valid and the state
48.12is not bound by it and no agency, without the prior written approval of the commissioner
48.13granted pursuant to subdivision 2a, may authorize work to begin on it unless:
48.14 (1) it has first been executed by the head of the agency or a delegate who is a party
48.15to the contract;
48.16 (2) it has been approved by the commissioner; and
48.17 (3) the accounting system shows an encumbrance for the amount of the contract
48.18liability, except as allowed by policy approved by the commissioner and commissioner of
48.19finance for routine, low-dollar procurements.
48.20 (b) The combined contract and amendments must not exceed five years without
48.21specific, written approval by the commissioner according to established policy, procedures,
48.22and standards, or unless otherwise provided for by law. The term of the original contract
48.23must not exceed two years unless the commissioner determines that a longer duration is
48.24in the best interest of the state.
48.25 (c) Grants, interagency agreements, purchase orders, work orders, and annual plans
48.26need not, in the discretion of the commissioner and attorney general, require the signature
48.27of the commissioner and/or the attorney general. A signature is not required for work
48.28orders and amendments to work orders related to Department of Transportation contracts.
48.29Bond purchase agreements by the Minnesota Public Facilities Authority do not require
48.30the approval of the commissioner.
48.31 (d) Amendments to contracts must entail tasks that are substantially similar to
48.32those in the original contract or involve tasks that are so closely related to the original
48.33contract that it would be impracticable for a different contractor to perform the work. The
48.34commissioner or an agency official to whom the commissioner has delegated contracting
49.1authority under section
49.2serve the interest of the state better than a new contract and would cost no more.
49.3 (e) A fully executed copy of every contract, amendments to the contract, and
49.4performance evaluations relating to the contract must be kept on file at the contracting
49.5agency for a time equal to that specified for contract vendors and other parties in
49.6subdivision 5.
49.7 (f) The attorney general must periodically review and evaluate a sample of state
49.8agency contracts to ensure compliance with laws.
49.9 Sec. 64. Minnesota Statutes 2006, section 16C.08, is amended by adding a subdivision
49.10to read:
49.11 Subd. 1a. Enterprise procurement. Notwithstanding section 15.061 or any
49.12other law, the commissioner shall, to the fullest extent practicable, conduct enterprise
49.13procurements that result in the establishment of professional or technical contracts for
49.14use by multiple state agencies. The commissioner is authorized to mandate use of any
49.15contract entered into as a result of an enterprise procurement process. Agencies shall fully
49.16cooperate in the development and use of contracts entered into under this section.
49.17 Sec. 65. Minnesota Statutes 2006, section 16C.08, subdivision 2, is amended to read:
49.18 Subd. 2. Duties of contracting agency. (a) Before an agency may seek approval of
49.19a professional or technical services contract valued in excess of $5,000, it must provide
49.20the following:
49.21 (1) a description of how the proposed contract or amendment is necessary and
49.22reasonable to advance the statutory mission of the agency;
49.23 (2) a description of the agency's plan to notify firms or individuals who may be
49.24available to perform the services called for in the solicitation;
49.25 (3) a description of the performance measures or other tools that will be used to
49.26monitor and evaluate contract performance
49.27 (4) an explanation detailing, if applicable, why this procurement is being pursued
49.28unilaterally by the agency and not as an enterprise procurement.
49.29 (b) In addition to paragraph (a), the agency must certify that:
49.30 (1) no current state employee is able and available to perform the services called
49.31for by the contract;
49.32 (2) the normal competitive bidding mechanisms will not provide for adequate
49.33performance of the services;
50.1 (3) reasonable efforts will be made to publicize the availability of the contract to
50.2the public;
50.3 (4) the agency will develop and implement a written plan providing for the
50.4assignment of specific agency personnel to manage the contract, including a monitoring
50.5and liaison function, the periodic review of interim reports or other indications of past
50.6performance, and the ultimate utilization of the final product of the services;
50.7 (5) the agency will not allow the contractor to begin work before the contract is fully
50.8executed unless an exception under section
50.9the commissioner and funds are fully encumbered;
50.10 (6) the contract will not establish an employment relationship between the state or
50.11the agency and any persons performing under the contract;
50.12 (7) in the event the results of the contract work will be carried out or continued by
50.13state employees upon completion of the contract, the contractor is required to include
50.14state employees in development and training, to the extent necessary to ensure that after
50.15completion of the contract, state employees can perform any ongoing work related to
50.16the same function
50.17 (8) the agency will not contract out its previously eliminated jobs for four years
50.18without first considering the same former employees who are on the seniority unit layoff
50.19list who meet the minimum qualifications determined by the agency.
50.20 (c) A contract establishes an employment relationship for purposes of paragraph (b),
50.21clause (6), if, under federal laws governing the distinction between an employee and an
50.22independent contractor, a person would be considered an employee.
50.23 Sec. 66. Minnesota Statutes 2006, section 16C.08, subdivision 4, is amended to read:
50.24 Subd. 4. Reports. (a) The commissioner shall submit to the governor, the chairs of
50.25the house Ways and Means and senate Finance Committees, and the Legislative Reference
50.26Library a yearly listing of all contracts for professional or technical services executed.
50.27The report must identify the contractor, contract amount, duration, and services to be
50.28provided. The commissioner shall also issue yearly reports summarizing the contract
50.29review activities of the department by fiscal year.
50.30 (b) The fiscal year report must be submitted by September 1 of each year and must:
50.31 (1) be sorted by agency and by contractor;
50.32 (2) show the aggregate value of contracts issued by each agency and issued to each
50.33contractor;
50.34 (3) distinguish between contracts that are being issued for the first time and contracts
50.35that are being extended;
51.1 (4) state the termination date of each contract;
51.2 (5) identify services by commodity code, including topics such as contracts for
51.3training, contracts for research and opinions, and contracts for computer systems; and
51.4 (6) identify which contracts were awarded without following the solicitation process
51.5in this chapter because it was determined that there was only a single source for the
51.6services.
51.7 (c) Within 30 days of final completion of a contract over $50,000 covered by this
51.8subdivision, the head of the agency entering into the contract must submit a one-page
51.9report to the commissioner who must submit a copy to the Legislative Reference Library.
51.10The report must:
51.11 (1) summarize the purpose of the contract, including why it was necessary to enter
51.12into a contract;
51.13 (2) state the amount spent on the contract;
51.14
51.15
51.16
51.17chapter because it was determined that there was only a single source for the services,
51.18explain why the agency determined there was only a single source for the services
51.19 (4) include a written performance evaluation of the work done under the contract.
51.20The evaluation must include an appraisal of the contractor's timeliness, quality, cost, and
51.21overall performance in meeting the terms and objectives of the contract. Contractors may
51.22request copies of evaluations prepared under this subdivision and may respond in writing.
51.23Contractor responses must be maintained with the contract file.
51.24 Sec. 67. Minnesota Statutes 2006, section 16C.08, is amended by adding a subdivision
51.25to read:
51.26 Subd. 4b. Limitations on actions. No action may be maintained by a contractor
51.27against an employee or agency who discloses information about a current or former
51.28contractor under subdivision 4, unless the contractor demonstrates by clear and convincing
51.29evidence that:
51.30 (1) the information was false and defamatory;
51.31 (2) the employee or agency knew or should have known the information was false
51.32and acted with malicious intent to injure the current or former contractor; and
51.33 (3) the information was acted upon in a manner that caused harm to the current or
51.34former contractor.
52.1 Sec. 68. [16C.086] CALL-CENTER.
52.2 An agency may not enter into a contract for operation of a call-center, or a contract
52.3whose primary purpose is to provide similar services answering or responding to telephone
52.4calls on behalf of an agency without determining if the service can be provided by state
52.5employees, and the services must be provided at offices located in the United States. For
52.6purposes of this section, "agency" includes the Minnesota State Colleges and Universities.
52.7EFFECTIVE DATE.This section is effective the day following final enactment,
52.8and applies to a contract entered into or renewed or otherwise extended after that date.
52.9 Sec. 69. Minnesota Statutes 2006, section 16C.10, subdivision 7, is amended to read:
52.10 Subd. 7. Reverse auction. (a) For the purpose of this subdivision, "reverse auction"
52.11means a purchasing process in which vendors compete to provide goods or
52.12services at the lowest selling price in an open and interactive environment. Reverse
52.13auctions may not be utilized to procure engineering design services or architectural
52.14services or to establish building and construction contracts under sections 16C.26 to
52.1516C.29.
52.16 (b) The provisions of sections
52.17do not apply when the commissioner determines that a reverse auction is the appropriate
52.18purchasing process.
52.19 Sec. 70. Minnesota Statutes 2006, section 16C.16, subdivision 5, is amended to read:
52.20 Subd. 5. Designation of targeted groups. (a) The commissioner of administration
52.21shall periodically designate businesses that are majority owned and operated by women,
52.22persons with a substantial physical disability, or specific minorities as targeted group
52.23businesses within purchasing categories as determined by the commissioner. A group
52.24may be targeted within a purchasing category if the commissioner determines there is a
52.25statistical disparity between the percentage of purchasing from businesses owned by
52.26group members and the representation of businesses owned by group members among all
52.27businesses in the state in the purchasing category.
52.28 (b) In addition to designations under paragraph (a), an individual business may be
52.29included as a targeted group business if the commissioner determines that inclusion is
52.30necessary to remedy discrimination against the owner based on race, gender, or disability
52.31in attempting to operate a business that would provide goods or services to public agencies.
52.32 (c) In addition to the designations under paragraphs (a) and (b), the commissioner of
52.33administration shall designate businesses that are majority owned and operated by veterans
52.34who have served in federal active service as defined in section 190.05, subdivision 5c, in
53.1support of Operation Enduring Freedom or Operation Iraqi Freedom as targeted group
53.2businesses within purchasing categories as determined by the commissioner. "Veteran"
53.3has the meaning given in section 197.447, and also includes both currently serving and
53.4honorably discharged members of the national guard and other military reserves.
53.5
53.6(a)
53.7rulemaking procedures of that chapter.
53.8EFFECTIVE DATE.This section is effective July 1, 2007, and applies to
53.9procurement contract bid solicitations issued on and after that date.
53.10 Sec. 71. [16C.251] BEST AND FINAL OFFER.
53.11 A "best and final offer" solicitation process may not be used for building and
53.12construction contracts.
53.13 Sec. 72. [16E.22] LICENSING SYSTEM.
53.14 The state chief information officer may enter into a professional or technical services
53.15contract for information systems development in which the vendor finances all or part
53.16of the cost of system development. The state chief information officer may assess and
53.17accept a fee for business and occupational licenses for the purpose of developing and
53.18maintaining a licensing system.
53.19 Sec. 73. Minnesota Statutes 2006, section 37.06, is amended to read:
53.2037.06 SECRETARY; LEGISLATIVE AUDITOR; DUTIES; REPORT.
53.21 The secretary shall keep a complete record of the proceedings of the annual meetings
53.22of the State Agricultural Society and all meetings of the board of managers and any
53.23committee of the board, keep all accounts of the society other than those kept by the
53.24treasurer of the society, and perform other duties as directed by the board of managers. On
53.25or before December 31 each year, the secretary shall report to the governor for the fiscal
53.26year ending October 31 all the proceedings of the society during the current year and its
53.27financial condition as appears from its books. This report must contain a full, detailed
53.28statement of all receipts and expenditures during the year.
53.29 The books and accounts of the society for the fiscal year must be examined and
53.30audited annually by the legislative auditor. The cost of the examination must be paid by the
53.31society to the state and credited to the
54.1 A summary of this examination, certified by the legislative auditor, must be
54.2appended to the secretary's report, along with the legislative auditor's recommendations
54.3and the proceedings of the first annual meeting of the society held following the secretary's
54.4report, including addresses made at the meeting as directed by the board of managers. The
54.5summary, recommendations, and proceedings must be printed in the same manner as the
54.6reports of state officers. Copies of the report must be printed annually and distributed as
54.7follows: to each society or association entitled to membership in the society, to each
54.8newspaper in the state, and the remaining copies as directed by the board of managers.
54.9EFFECTIVE DATE.This section is effective the day following final enactment.
54.10 Sec. 74. Minnesota Statutes 2006, section 43A.02, is amended by adding a subdivision
54.11to read:
54.12 Subd. 18a. Domestic partner. "Domestic partner" means a person who has entered
54.13into a committed interdependent relationship with another adult, where the partners:
54.14 (1) are responsible for each other's basic common welfare;
54.15 (2) share a common residence and intend to do so indefinitely;
54.16 (3) are not related by blood or adoption to an extent that would prohibit marriage in
54.17this state; and
54.18 (4) are legally competent and qualified to enter into a contract.
54.19 For purposes of this subdivision, domestic partners may share a common residence,
54.20even if:
54.21 (1) they do not each have a legal right to possess the residence; or
54.22 (2) one or both domestic partners possess additional real property.
54.23 If one domestic partner temporarily leaves the common residence with the intention
54.24to return, the domestic partners continue to share a common residence for the purposes
54.25of this subdivision.
54.26 Sec. 75. Minnesota Statutes 2006, section 43A.24, subdivision 1, is amended to read:
54.27 Subdivision 1. General. Employees, including persons on layoff from a civil
54.28service position, and employees who are employed less than full time, shall be eligible
54.29for state paid life insurance and hospital, medical and dental benefits as provided in
54.30collective bargaining agreements or plans established pursuant to section
54.31collective bargaining agreement or plan provides state paid health insurance for spouses of
54.32employees, the insurance must be made available to domestic partners of state employees
54.33on the same terms and conditions.
55.1 Sec. 76. Minnesota Statutes 2006, section 43A.49, is amended to read:
55.243A.49 VOLUNTARY UNPAID LEAVE OF ABSENCE.
55.3 (a) Appointing authorities in state government may allow each employee to take
55.4unpaid leaves of absence for up to 1,040 hours
55.5
55.6two-year period beginning July 1 of each odd-numbered year. Each appointing authority
55.7approving such a leave shall allow the employee to continue accruing vacation and
55.8sick leave, be eligible for paid holidays and insurance benefits, accrue seniority, and, if
55.9payments are made under paragraph (b), accrue service credit and credited salary in the
55.10state retirement plans, as if the employee had actually been employed during the time of
55.11leave. An employee covered by the unclassified plan may voluntarily make the employee
55.12contributions to the unclassified plan during the leave of absence. If the employee makes
55.13these contributions, the appointing authority must make the employer contribution. If the
55.14leave of absence is for one full pay period or longer, any holiday pay shall be included in
55.15the first payroll warrant after return from the leave of absence. The appointing authority
55.16shall attempt to grant requests for the unpaid leaves of absence consistent with the need to
55.17continue efficient operation of the agency. However, each appointing authority shall retain
55.18discretion to grant or refuse to grant requests for leaves of absence and to schedule and
55.19cancel leaves, subject to the applicable provisions of collective bargaining agreements
55.20and compensation plans.
55.21 (b) To receive eligible service credit and credited salary in a defined benefit plan, the
55.22member shall pay an amount equal to the applicable employee contribution rates. If an
55.23employee pays the employee contribution for the period of the leave under this section,
55.24the appointing authority must pay the employer contribution. The appointing authority
55.25may, at its discretion, pay the employee contributions. Contributions must be made in a
55.26time and manner prescribed by the executive director of the Minnesota State Retirement
55.27
55.28 Sec. 77. [43A.50] CERTIFICATE OF PAY EQUITY COMPLIANCE.
55.29 Subdivision 1. Scope of application. For a contract for goods or services in excess
55.30of $100,000, a state department or agency may not accept a bid or proposal from a
55.31business having more than 40 full-time employees within the state on a single working
55.32day during the previous 12 months unless the commissioner has approved the business'
55.33plan to establish equitable compensation relationships for its employees and has issued the
55.34business a certificate of compliance. A certificate of compliance is valid for two years.
56.1 Subd. 2. Compliance; good faith effort. (a) The commissioner must approve a
56.2plan and issue a certificate of compliance under this section to a business if the business
56.3demonstrates that it is in compliance with equitable compensation relationship standards
56.4or is making a good faith effort to achieve compliance with those standards. The standards
56.5for determining equitable compensation relationships for a business under this section
56.6are the same as the standards in sections 471.991 to 471.997 and rules adopted under
56.7those sections.
56.8 (b) A business that is not in compliance with equitable compensation relationship
56.9standards is making a good faith effort to achieve compliance if the commissioner has
56.10approved:
56.11 (1) a plan for achieving compliance, including the business' proposed actions and
56.12response to the commissioner's recommendations; and
56.13 (2) a proposed date for achieving compliance and for submitting a revised report
56.14for the commissioner's review.
56.15 Subd. 3. Filing fee; account; appropriation. The commissioner shall collect
56.16a $75 fee for each certificate of compliance issued by the commissioner under this
56.17section. The proceeds of the fee must be deposited in a pay equity fee special revenue
56.18account. Money in the account is appropriated to the commissioner to fund the cost of
56.19administering this section.
56.20 Subd. 4. Revocation of certificate. A certificate of compliance may be suspended or
56.21revoked by the commissioner of administration if a holder of a certificate is not effectively
56.22implementing or making a good faith effort to implement its approved plan to establish
56.23equitable compensation relationships. If a contractor does not effectively implement its
56.24approved plan, or fails to make a good faith effort to do so, the commissioner of employee
56.25relations may refuse to approve subsequent plans submitted by that business.
56.26 Subd. 5. Revocation of contract. A contract awarded by a department or agency of
56.27the state may be terminated or abridged by the contracting department or agency because
56.28of suspension or revocation of a certificate. If a contract is awarded to a person who
56.29does not have a contract compliance certificate required, the commissioner may void
56.30the contract on behalf of the state.
56.31 Subd. 6. Technical assistance. If the commissioner of administration has
56.32suspended a contractor's certificate of compliance, the commissioner shall provide
56.33technical assistance that may enable the contractor to be recertified within 90 days after
56.34the contractor's certificate has been suspended.
56.35 Subd. 7. Access to data. Data submitted to the commissioner by a contractor
56.36or potential contractor for purposes of obtaining a certificate of compliance under this
57.1section are private data on individuals or nonpublic data with respect to persons other
57.2than department employees. The commissioner's decision to grant, not grant, revoke, or
57.3suspend a certificate of compliance is public data.
57.4EFFECTIVE DATE.This section is effective July 1, 2007, and applies to contracts
57.5for which a state department or agency issues solicitations on or after that date.
57.6 Sec. 78. Minnesota Statutes 2006, section 103D.355, is amended to read:
57.7103D.355 ANNUAL AUDIT.
57.8 Subdivision 1. Requirement. The managers must have an annual audit completed
57.9of the books and accounts of the watershed district. The annual audit may be made by
57.10a private certified public accountant or by the state auditor.
57.11
57.12
57.13
57.14 Subd. 2. Audit by state auditor. (a)
57.15state auditor
57.16watershed district or resolution of the managers of the watershed district. The petition
57.17must request an annual audit pursuant to the authority granted municipalities under
57.18sections
57.19records as the state auditor may deem the public interest to demand.
57.20 (b) If the audit or examination is made by the state auditor, the watershed
57.21district receiving the examination must pay the state the total cost and expenses of the
57.22examination, including the salaries paid to the examiners while actually engaged in
57.23making the examination. The general fund must be credited with all collections made
57.24for examinations under this subdivision.
57.25 Subd. 3. Reports for state auditor. The managers must make and submit reports
57.26demanded by the state auditor.
57.27 Sec. 79. Minnesota Statutes 2006, section 161.1419, subdivision 8, is amended to read:
57.28 Subd. 8. Expiration. The commission expires on June 30,
57.29 Sec. 80. Minnesota Statutes 2006, section 181.9413, is amended to read:
57.30181.9413 SICK
57.31CARE FOR CERTAIN RELATIVES.
58.1 (a) An employee may use personal sick leave benefits provided by the employer
58.2for absences due to an illness of or injury to the employee's child, spouse, sibling, parent,
58.3grandparent, stepparent, or domestic partner for such reasonable periods as the employee's
58.4attendance
58.5is able to use sick leave benefits for the employee's own illness or injury. This section
58.6applies only to personal sick leave benefits payable to the employee from the employer's
58.7general assets.
58.8 (b) For purposes of this section, "personal sick leave benefits" means time accrued
58.9and available to an employee to be used as a result of absence from work due to personal
58.10illness or injury, but does not include short-term or long-term disability or other salary
58.11continuation benefits.
58.12 (c) For purposes of this section, "domestic partner" means a person who has entered
58.13into a committed interdependent relationship with another adult, where the partners:
58.14 (1) are responsible for each other's basic common welfare;
58.15 (2) share a common residence and intend to do so indefinitely;
58.16 (3) are not related by blood or adoption to an extent that would prohibit marriage in
58.17this state; and
58.18 (4) are legally competent and qualified to enter into a contract.
58.19 For purposes of this section, domestic partners may share a common residence even
58.20if they do not have a legal right to possess the residence or one or both domestic partners
58.21possess additional real property.
58.22 If one domestic partner temporarily leaves the common residence with the intention
58.23to return, the domestic partners continue to share a common residence for the purposes
58.24of this section.
58.25EFFECTIVE DATE.This section is effective August 1, 2007, and applies to sick
58.26leave used on or after that date.
58.27 Sec. 81. [192.382] HONOR GUARDS.
58.28 Upon the death of any person who has honorably served six or more years or is
58.29in active service in the Minnesota National Guard, the adjutant general may activate
58.30members to serve as an honor guard at the funeral. Members activated for service as honor
58.31guards must be paid at the rate provided in section 192.49, subdivision 1 or 2.
58.32 Sec. 82. [192.515] NATIONAL GUARD NONAPPROPRIATED FUND
58.33INSTRUMENTALITY.
58.34 Subdivision 1. Establishment. The adjutant general may:
59.1 (a) establish a Minnesota National Guard Nonappropriated Fund Instrumentality to
59.2create, operate, and maintain morale, welfare, and recreation facilities and activities at
59.3Camp Ripley and other property owned, leased, or otherwise controlled by the Minnesota
59.4Nation Guard; and
59.5 (b) create a board to manage the fund established under paragraph (a) and delegate
59.6to the board the adjutant general's authority under this section.
59.7 Subd. 2. Definitions. (a) The definitions in this subdivision apply to this section.
59.8 (b) "MNG NAFI" means the Minnesota National Guard Nonappropriated Fund
59.9Instrumentality.
59.10 (c) "Morale, welfare, and recreation" refers to a facility or activity intended to
59.11provide recreational opportunities, promote unit and individual morale, and generally
59.12improve the welfare of Minnesota National Guard personnel at Camp Ripley or other
59.13properties owned, leased, or otherwise controlled by the Minnesota National Guard. It
59.14does not include facilities or services provided by the Army and Air Force Exchange
59.15Service. It also does not include facilities or services provided by other instrumentalities
59.16through the use of appropriated funds.
59.17 Subd. 3. Use. The adjutant general may authorize Minnesota National Guard lands
59.18and facilities to be used in support of morale, welfare, and recreation activities under this
59.19section. That use must not interfere with military operations or training.
59.20 Subd. 4. Funds. (a) Except as otherwise specifically authorized in this section,
59.21no general fund money or other state funds may be used for the purposes authorized
59.22under this section.
59.23 (b) The MNG NAFI is authorized to accept donations or gifts from public or private
59.24sources for purposes authorized under this section, including, but not limited to, federal
59.25funds made available to the National Guard for related activities and money received from
59.26recycling activities to the extent authorized by federal regulation.
59.27 (c) Money received from operation of activities under this section, including, but
59.28not limited to, user fees and rental charges must be deposited and managed consistent
59.29with this subdivision.
59.30 (d) The adjutant general may transfer funds from any existing morale, welfare, or
59.31recreation fund to the MNG NAFI.
59.32 (e) Money received by the MNG NAFI must be deposited in the Minnesota National
59.33Guard morale, welfare, and recreation fund.
59.34 (f) Accounts or funds created under this section must be audited annually by officers
59.35of the military forces detailed by the adjutant general as military auditors.
60.1 Subd. 5. Rules. The adjutant general must adopt rules for the establishment,
60.2management, and operation of the MNG NAFI consistent with this section.
60.3 Sec. 83. [197.231] HONOR GUARDS.
60.4 The commissioner of veterans affairs shall pay, within available funds and upon
60.5request by a local unit of a congressionally chartered veterans organization or its auxiliary,
60.6up to $50 to the local unit for each time that local unit provides an honor guard detail at
60.7the funeral of a deceased veteran. If the local unit provides a student to play "Taps," the
60.8local unit may pay some or all of the $50 to the student.
60.9 Sec. 84. Minnesota Statutes 2006, section 302A.821, subdivision 4, is amended to read:
60.10 Subd. 4. Penalty; reinstatement. (a) A corporation that has failed to file a
60.11registration pursuant to the requirements of subdivision 2 must be dissolved by the
60.12secretary of state as described in paragraph (b).
60.13 (b) If the corporation has not filed the registration
60.14any calendar
60.15dissolution and the certificate must be filed in the Office of the Secretary of State.
60.16
60.17
60.18
60.19
60.20
60.21
60.22
60.23
60.24an electronic format the names of the dissolved corporations. A corporation dissolved in
60.25this manner is not entitled to the benefits of section
60.26shareholders of a corporation dissolved in this manner shall be determined and limited in
60.27accordance with section
60.28any director of the corporation under section
60.29 (c) After administrative dissolution, filing a registration and the $25 fee with the
60.30secretary of state:
60.31 (1) returns the corporation to good standing as of the date of the dissolution;
60.32 (2) validates contracts or other acts within the authority of the articles, and the
60.33corporation is liable for those contracts or acts; and
61.1 (3) restores to the corporation all assets and rights of the corporation to the extent
61.2they were held by the corporation before the dissolution occurred, except to the extent that
61.3assets or rights were affected by acts occurring after the dissolution or sold or otherwise
61.4distributed after that time.
61.5EFFECTIVE DATE.This section is effective January 1, 2008.
61.6 Sec. 85. Minnesota Statutes 2006, section 308A.995, subdivision 4, is amended to read:
61.7 Subd. 4. Penalty; dissolution. (a) A cooperative that has failed to file a registration
61.8pursuant to the requirements of this section by December 31 of the calendar year for which
61.9the registration was required must be dissolved by the secretary of state as described in
61.10paragraph (b).
61.11 (b) If the cooperative has not filed the registration by December 31 of that calendar
61.12year, the secretary of state must issue a certificate of involuntary dissolution, and the
61.13certificate must be filed in the Office of the Secretary of State.
61.14
61.15
61.16
61.17format the names of the dissolved cooperatives. A cooperative dissolved in this manner is
61.18not entitled to the benefits of section
61.19EFFECTIVE DATE.This section is effective January 1, 2008.
61.20 Sec. 86. Minnesota Statutes 2006, section 308B.121, subdivision 4, is amended to read:
61.21 Subd. 4. Penalty; dissolution. (a) A cooperative that has failed to file a registration
61.22under the requirements of this section must be dissolved by the secretary of state as
61.23described in paragraph (b).
61.24 (b) If the cooperative has not filed the registration by December 31 of that calendar
61.25year, the secretary of state must issue a certificate of involuntary dissolution and the
61.26certificate must be filed in the Office of the Secretary of State.
61.27
61.28
61.29
61.30
61.31not entitled to the benefits of section
61.32EFFECTIVE DATE.This section is effective January 1, 2008.
62.1 Sec. 87. Minnesota Statutes 2006, section 308B.215, subdivision 2, is amended to read:
62.2 Subd. 2. Filing. The original articles and a designation of the cooperative's
62.3registered office and agent
62.4be filed with the secretary of state. The fee for filing the articles with the secretary of
62.5state is $60.
62.6EFFECTIVE DATE.This section is effective August 1, 2007.
62.7 Sec. 88. [308B.903] NOTICE OF INTENT TO DISSOLVE.
62.8 Before a cooperative begins dissolution, a notice of intent to dissolve must be filed
62.9with the secretary of state. The notice must contain:
62.10 (1) the name of the cooperative;
62.11 (2) the date and place of the members' meeting at which the resolution was
62.12approved; and
62.13 (3) a statement that the requisite vote of the members approved the proposed
62.14dissolution.
62.15EFFECTIVE DATE.This section is effective August 1, 2007.
62.16 Sec. 89. Minnesota Statutes 2006, section 317A.823, subdivision 1, is amended to read:
62.17 Subdivision 1. Annual registration. (a) The secretary of state must send annually
62.18to each corporation at the registered office of the corporation a postcard notice announcing
62.19the need to file the annual registration and informing the corporation that the annual
62.20registration may be filed online and that paper filings may also be made, and informing
62.21the corporation that failing to file the annual registration will result in an administrative
62.22dissolution of the corporation.
62.23 (b)
62.24beginning in the calendar year following the calendar year in which a corporation
62.25incorporates, a corporation must file with the secretary of state by December 31 of each
62.26calendar year a registration containing the information listed in paragraph (c).
62.27 (c) The registration must include:
62.28 (1) the name of the corporation;
62.29 (2) the address of its registered office;
62.30 (3) the name of its registered agent, if any; and
62.31 (4) the name and business address of the officer or other person exercising the
62.32principal functions of president of the corporation.
63.1
63.2
63.3
63.4
63.5
63.6
63.7
63.8
63.9
63.10
63.11
63.12
63.13
63.14EFFECTIVE DATE.This section is effective August 1, 2007.
63.15 Sec. 90. Minnesota Statutes 2006, section 321.0206, is amended to read:
63.16321.0206 DELIVERY TO AND FILING OF RECORDS BY SECRETARY OF
63.17STATE; EFFECTIVE TIME AND DATE.
63.18 (a) A record authorized or required to be delivered to the secretary of state for filing
63.19under this chapter must be captioned to describe the record's purpose, be in a medium
63.20permitted by the secretary of state, and be delivered to the secretary of state. Unless the
63.21secretary of state determines that a record does not comply with the filing requirements
63.22of this chapter, and if the appropriate filing fees have been paid, the secretary of state
63.23shall file the record and:
63.24 (1) for a statement of dissociation, send:
63.25 (A) a copy of the filed statement to the person which the statement indicates has
63.26dissociated as a general partner; and
63.27 (B) a copy of the filed statement to the limited partnership;
63.28 (2) for a statement of withdrawal, send:
63.29 (A) a copy of the filed statement to the person on whose behalf the record was
63.30filed; and
63.31 (B) if the statement refers to an existing limited partnership, a copy of the filed
63.32statement to the limited partnership; and
63.33 (3) for all other records, send a copy of the filed record to the person on whose
63.34behalf the record was filed.
64.1 (b) Upon request and payment of a fee, the secretary of state shall send to the
64.2requester a certified copy of the requested record.
64.3 (c) Except as otherwise provided in sections
64.4delivered to the secretary of state for filing under this chapter may specify an effective
64.5time and a delayed effective date. Except as otherwise provided in this chapter, a record
64.6filed by the secretary of state is effective:
64.7 (1) if the record does not specify an effective time and does not specify a delayed
64.8effective date, on the date and at the time the record is filed as evidenced by the secretary
64.9of state's endorsement of the date and time on the record;
64.10 (2) if the record specifies an effective time but not a delayed effective date, on the
64.11date the record is filed at the time specified in the record;
64.12 (3) if the record specifies a delayed effective date but not an effective time, at 12:01
64.13a.m. on the earlier of:
64.14 (A) the specified date; or
64.15 (B) the 30th day after the record is filed; or
64.16 (4) if the record specifies an effective time and a delayed effective date, at the
64.17specified time on the earlier of:
64.18 (A) the specified date; or
64.19 (B) the 30th day after the record is filed.
64.20 (d) The appropriate fees for filings under this chapter are:
64.21 (1) for filing a certificate of limited partnership, $100;
64.22 (2) for filing an amended certificate of limited partnership, $50;
64.23 (3) for filing any other record, other than the annual report required by section
64.24321.0210, for which no fee must be charged, required or permitted to be delivered for
64.25filing, $35;
64.26 (4) for filing a certificate requesting authority to transact business in Minnesota as a
64.27foreign limited partnership, $85;
64.28 (5) for filing an application of reinstatement, $25;
64.29 (6) for filing a name reservation for a foreign limited partnership name, $35; and
64.30 (7) for filing any other record, other than the annual report required by section
64.31321.0210, for which no fee must be charged, required or permitted to be delivered for
64.32filing on a foreign limited partnership authorized to transact business in Minnesota, $50.
64.33EFFECTIVE DATE.This section is effective July 1, 2007.
64.34 Sec. 91. [321.0909] NAME CHANGES FILED IN HOME STATE.
65.1 A foreign limited partnership shall notify the secretary of state of any changes to the
65.2partnership name filed with the state of formation by filing a certificate from the state of
65.3formation certifying to the change of name.
65.4EFFECTIVE DATE.This section is effective August 1, 2007.
65.5 Sec. 92. Minnesota Statutes 2006, section 336.1-110, is amended to read:
65.6336.1-110 UNIFORM COMMERCIAL CODE ACCOUNT.
65.7 The Uniform Commercial Code account is established as an account in the state
65.8treasury. Fees that are not expressly set by statute but are charged by the secretary of state
65.9to offset the costs of providing a service under this chapter must be deposited in the state
65.10treasury and credited to the Uniform Commercial Code account.
65.11 Fees that are not expressly set by statute but are charged by the secretary of state
65.12to offset the costs of providing information contained in the computerized records
65.13maintained by the secretary of state must be deposited in the state treasury and credited to
65.14the Uniform Commercial Code account.
65.15 Money in the Uniform Commercial Code account is continuously appropriated to the
65.16secretary of state to implement and maintain the central filing system under this chapter,
65.17to provide, improve, and expand other online or remote lien and business entity filing,
65.18retrieval, and payment method services provided by the secretary of state, and to provide
65.19electronic access to other computerized records maintained by the secretary of state.
65.20EFFECTIVE DATE.This section is effective August 1, 2007.
65.21 Sec. 93. Minnesota Statutes 2006, section 336.9-516, is amended to read:
65.22336.9-516 WHAT CONSTITUTES FILING; EFFECTIVENESS OF FILING.
65.23 (a) What constitutes filing. Except as otherwise provided in subsection (b),
65.24communication of a record to a filing office and tender of the filing fee or acceptance of
65.25the record by the filing office constitutes filing.
65.26 (b) Refusal to accept record; filing does not occur. Filing does not occur with
65.27respect to a record that a filing office refuses to accept because:
65.28 (1) the record is not communicated by a method or medium of communication
65.29authorized by the filing office. For purposes of filing office authorization, transmission of
65.30records using the Extensible Markup Language (XML) format is authorized by the filing
65.31office after the later of July 1, 2007, or the determination of the secretary of state that the
65.32central filing system is capable of receiving and processing these records;
65.33 (2) an amount equal to or greater than the applicable filing fee is not tendered;
66.1 (3) the filing office is unable to index the record because:
66.2 (A) in the case of an initial financing statement, the record does not provide a name
66.3for the debtor;
66.4 (B) in the case of an amendment or correction statement, the record:
66.5 (i) does not identify the initial financing statement as required by section
66.6or
66.7 (ii) identifies an initial financing statement whose effectiveness has lapsed under
66.8section
66.9 (C) in the case of an initial financing statement that provides the name of a debtor
66.10identified as an individual or an amendment that provides a name of a debtor identified as
66.11an individual which was not previously provided in the financing statement to which the
66.12record relates, the record does not identify the debtor's last name; or
66.13 (D) in the case of a record filed or recorded in the filing office described in section
66.15to which it relates;
66.16 (4) in the case of an initial financing statement or an amendment that adds a secured
66.17party of record, the record does not provide a name and mailing address for the secured
66.18party of record;
66.19 (5) in the case of an initial financing statement or an amendment that provides a
66.20name of a debtor which was not previously provided in the financing statement to which
66.21the amendment relates, the record does not:
66.22 (A) provide a mailing address for the debtor;
66.23 (B) indicate whether the debtor is an individual or an organization; or
66.24 (C) if the financing statement indicates that the debtor is an organization, provide:
66.25 (i) a type of organization for the debtor;
66.26 (ii) a jurisdiction of organization for the debtor; or
66.27 (iii) an organizational identification number for the debtor or indicate that the debtor
66.28has none;
66.29 (6) in the case of an assignment reflected in an initial financing statement under
66.30section
66.31not provide a name and mailing address for the assignee; or
66.32 (7) in the case of a continuation statement, the record is not filed within the
66.33six-month period prescribed by section
66.34 (c) Rules applicable to subsection (b). For purposes of subsection (b):
66.35 (1) a record does not provide information if the filing office is unable to read or
66.36decipher the information; and
67.1 (2) a record that does not indicate that it is an amendment or identify an initial
67.2financing statement to which it relates, as required by section
67.4 (d) Refusal to accept record; record effective as filed record. A record that is
67.5communicated to the filing office with tender of the filing fee, but which the filing office
67.6refuses to accept for a reason other than one set forth in subsection (b), is effective as a
67.7filed record except as against a purchaser of the collateral which gives value in reasonable
67.8reliance upon the absence of the record from the files.
67.9EFFECTIVE DATE.This section is effective August 1, 2007.
67.10 Sec. 94. Minnesota Statutes 2006, section 336.9-525, is amended to read:
67.11336.9-525 FEES.
67.12 (a) Initial financing statement or other record: general rule. Except as otherwise
67.13provided in subsection (d), the fee for filing and indexing a record under this part
67.14
67.15collected for each request delivered online must be deposited in the uniform commercial
67.16code account.
67.17 (b) Number of names. The number of names required to be indexed does not
67.18affect the amount of the fee in subsection (a).
67.19 (c) Response to information request. The fee for responding to a request for
67.20information from the filing office, including for issuing a certificate showing whether there
67.21is on file any financing statement naming a particular debtor,
67.22
67.23request delivered online must be deposited in the uniform commercial code account.
67.24 (d) Record of mortgage. This section does not require a fee with respect to a record
67.25of a mortgage which is effective as a financing statement filed as a fixture filing or as a
67.26financing statement covering as-extracted collateral or timber to be cut under section
67.28applicable to the record of the mortgage apply.
67.29EFFECTIVE DATE.This section is effective July 1, 2007.
67.30 Sec. 95. [349A.021] LOTTERY OFFICES.
67.31 The State Lottery may not move its operations at its Mountain Iron location to a
67.32location outside the Quad-City area of Mountain Iron, Eveleth, Gilbert, and Virginia, and
67.33may not reduce the complement of staff employed at this office.
68.1EFFECTIVE DATE.This section is effective the day following final enactment.
68.2 Sec. 96. Minnesota Statutes 2006, section 356.219, subdivision 1, is amended to read:
68.3 Subdivision 1. Report required. (a) Except as indicated in subdivision 4, the State
68.4Board of Investment, on behalf of the public pension funds and programs for which it is
68.5the investment authority, and any Minnesota public pension plan that is not fully invested
68.6through the State Board of Investment, including a local police or firefighters relief
68.7association governed by sections
68.8specified in subdivision 3 to the state auditor. A report under this section must be filed
68.9electronically with the state auditor, unless the state auditor determines that it is not
68.10feasible for a particular plan or association to file electronically. The state auditor may
68.11prescribe
68.12format for reports required by this section. The state auditor must attempt to provide
68.13access on the state auditor's Web site to reports filed under this section.
68.14 (b) A local police or firefighters relief association governed by section
68.15sections
68.16this section if all assets of the applicable pension plan beyond sufficient cash equivalent
68.17investments to cover six months expected expenses are invested under section
68.18The board of any fully invested public pension plan remains responsible for submitting
68.19investment policy statements and subsequent revisions as required by subdivision 3,
68.20paragraph (a).
68.21 (c) For purposes of this section, the State Board of Investment is considered to be
68.22the investment authority for any Minnesota public pension fund required to be invested by
68.23the State Board of Investment under section
68.24fund authorized to invest in the supplemental investment fund under section
68.25which is fully invested by the State Board of Investment.
68.26 Sec. 97. Minnesota Statutes 2006, section 358.41, is amended to read:
68.27358.41 DEFINITIONS.
68.28 As used in sections
68.29 (1) "Notarial act" means any act that a notary public of this state is authorized to
68.30perform, and includes taking an acknowledgment, administering an oath or affirmation,
68.31taking a verification upon oath or affirmation, witnessing or attesting a signature, certifying
68.32or attesting a copy, and noting a protest of a negotiable instrument. A notary public may
68.33perform a notarial act by electronic means.
69.1 (2) "Acknowledgment" means a declaration by a person that the person has executed
69.2an instrument or electronic record for the purposes stated therein and, if the instrument
69.3or electronic record is executed in a representative capacity, that the person signed
69.4the instrument with proper authority and executed it as the act of the person or entity
69.5represented and identified therein.
69.6 (3) "Verification upon oath or affirmation" means a declaration that a statement is
69.7true made by a person upon oath or affirmation.
69.8 (4) "In a representative capacity" means:
69.9 (i) for and on behalf of a corporation, partnership, limited liability company, trust, or
69.10other entity, as an authorized officer, agent, partner, trustee, or other representative;
69.11 (ii) as a public officer, personal representative, guardian, or other representative,
69.12in the capacity recited in the instrument;
69.13 (iii) as an attorney in fact for a principal; or
69.14 (iv) in any other capacity as an authorized representative of another.
69.15 (5) "Notarial officer" means a notary public or other officer authorized to perform
69.16notarial acts.
69.17 (6) "Electronic signature" means an electronic sound, symbol, or process attached
69.18to or logically associated with a record and executed or adopted by a person with the
69.19intent to sign the record.
69.20 (7) "Electronic record" means a record created, generated, sent, communicated,
69.21received, or stored by electronic means.
69.22EFFECTIVE DATE.This section is effective August 1, 2007.
69.23 Sec. 98. Minnesota Statutes 2006, section 358.42, is amended to read:
69.24358.42 NOTARIAL ACTS.
69.25 (a) In taking an acknowledgment, the notarial officer must determine, either from
69.26personal knowledge or from satisfactory evidence, that the person appearing before the
69.27officer and making the acknowledgment is the person whose true signature is on the
69.28instrument or electronic record.
69.29 (b) In taking a verification upon oath or affirmation, the notarial officer must
69.30determine, either from personal knowledge or from satisfactory evidence, that the person
69.31appearing before the officer and making the verification is the person whose true signature
69.32is made in the presence of the officer on the statement verified.
69.33 (c) In witnessing or attesting a signature the notarial officer must determine, either
69.34from personal knowledge or from satisfactory evidence, that the signature is that of the
70.1person appearing before the officer and named therein. When witnessing or attesting a
70.2signature, the officer must be present when the signature is made.
70.3 (d) In certifying or attesting a copy of a document, electronic record, or other item,
70.4the notarial officer must determine that the proffered copy is a full, true, and accurate
70.5transcription or reproduction of that which was copied.
70.6 (e) In making or noting a protest of a negotiable instrument or electronic record the
70.7notarial officer must determine the matters set forth in section
70.8 (f) A notarial officer has satisfactory evidence that a person is the person whose true
70.9signature is on a document or electronic record if that person (i) is personally known to
70.10the notarial officer, (ii) is identified upon the oath or affirmation of a credible witness
70.11personally known to the notarial officer, or (iii) is identified on the basis of identification
70.12documents.
70.13EFFECTIVE DATE.This section is effective August 1, 2007.
70.14 Sec. 99. Minnesota Statutes 2006, section 358.50, is amended to read:
70.15358.50 EFFECT OF ACKNOWLEDGMENT.
70.16 An acknowledgment made in a representative capacity for and on behalf of a
70.17corporation, partnership, limited liability company, trust, or other entity and certified
70.18substantially in the form prescribed in this chapter is prima facie evidence that the
70.19instrument or electronic record was executed and delivered with proper authority.
70.20EFFECTIVE DATE.This section is effective August 1, 2007.
70.21 Sec. 100. Minnesota Statutes 2006, section 359.085, subdivision 2, is amended to read:
70.22 Subd. 2. Verifications. In taking a verification upon oath or affirmation, the notarial
70.23officer must determine, either from personal knowledge or from satisfactory evidence, that
70.24the person appearing before the officer and making the verification is the person whose
70.25true signature is made in the presence of the officer on the statement verified.
70.26EFFECTIVE DATE.This section is effective August 1, 2007.
70.27 Sec. 101. Minnesota Statutes 2006, section 359.085, subdivision 3, is amended to read:
70.28 Subd. 3. Witnessing or attesting signatures. In witnessing or attesting a signature,
70.29the notarial officer must determine, either from personal knowledge or from satisfactory
70.30evidence, that the signature is that of the person appearing before the officer and named in
71.1the document or electronic record. When witnessing or attesting a signature, the officer
71.2must be present when the signature is made.
71.3EFFECTIVE DATE.This section is effective August 1, 2007.
71.4 Sec. 102. Minnesota Statutes 2006, section 471.61, subdivision 1a, is amended to read:
71.5 Subd. 1a. Dependents. Notwithstanding the provisions of Minnesota Statutes 1969,
71.6section
71.7as used therein shall mean spouse and minor unmarried children under the age of 18 years
71.8and dependent students under the age of 25 years actually dependent upon the employee,
71.9and others as defined by governmental units at their discretion.
71.10 Sec. 103. [471.6175] TRUST FOR POSTEMPLOYMENT BENEFITS.
71.11 Subdivision 1. Authorization; establishment. A political subdivision or other
71.12public entity that creates or has created an actuarial liability to pay postemployment
71.13benefits to employees or officers after their termination of service may establish a trust to
71.14pay those benefits. For purposes of this section, the term "postemployment benefits" means
71.15benefits giving rise to a liability under Statement No. 45 of the Governmental Accounting
71.16Standards Board and the term "trust" means a trust, a trust account, or a custodial account
71.17or contract authorized under section 401(f) of the Internal Revenue Code.
71.18 Subd. 2. Purpose of trust. The trust established under this section may only be
71.19used to pay postemployment benefits and may be either revocable or irrevocable.
71.20 Subd. 3. Trust administrator. The trust administrator of a trust established under
71.21this section shall be either:
71.22 (1) the Public Employees Retirement Association;
71.23 (2) a bank or banking association incorporated under the laws of the United States or
71.24of any state and authorized by the laws under which it is organized to exercise corporate
71.25trust powers; or
71.26 (3) an insurance company or agency qualified to do business in Minnesota which has
71.27at least five years experience in investment products and services for group retirement
71.28benefits and which has a specialized department dedicated to services for retirement
71.29investment products.
71.30 A political subdivision or public entity may, in its discretion and in compliance
71.31with any applicable trust document, change trust administrators and transfer trust assets
71.32accordingly.
71.33 Subd. 4. Account maintenance. A political subdivision or other public entity may
71.34establish a trust account to be held under the supervision of the trust administrator for the
72.1purposes of this section. A trust administrator shall establish a separate account for each
72.2participating political subdivision or public entity. The trust administrator may charge
72.3participating political subdivisions and public entities fees for reasonable administrative
72.4costs. The amount of any fees charged by the Public Employees Retirement Association
72.5is appropriated to the association from the account. A trust administrator may establish
72.6other reasonable terms and conditions for creation and maintenance of these accounts.
72.7The trust administrator must report electronically to the state auditor the portfolio and
72.8performance information specified in section 356.219, subdivision 3, in the manner
72.9prescribed by the state auditor.
72.10 Subd. 5. Investment. (a) The assets of a trust or trust account shall be invested and
72.11held as stipulated in paragraphs (b) to (e).
72.12 (b) The Public Employees Retirement Association must certify all money in the trust
72.13accounts for which it is trust administrator to the State Board of Investment for investment
72.14under section 11A.14, subject to the policies and procedures established by the State
72.15Board of Investment. Investment earnings must be credited to the trust account of the
72.16individual political subdivision or public entity.
72.17 (c) A trust administrator, other than the Public Employees Retirement Association,
72.18must ensure that all money in the trust accounts for which it is trust administrator is
72.19invested by a registered investment adviser, a bank investment trust department, or an
72.20insurance company or agency retirement investment department. Investment earnings
72.21must be credited to the trust account of the individual political subdivision or public entity.
72.22 (d) For trust assets invested by the State Board of Investment, the investment
72.23restrictions shall be the same as those generally applicable to the State Board of
72.24Investment. For trust assets invested by a trust administrator other than the Public
72.25Employees Retirement Association, the assets may only be invested in investments
72.26authorized under chapter 118A or section 356A.06, subdivision 7, in the manner specified
72.27in the applicable trust document.
72.28 (e) A political subdivision or public entity may provide investment direction to a
72.29trust administrator in compliance with any applicable trust document.
72.30 Subd. 6. Limit on deposit. A political subdivision or public entity may not
72.31deposit money in a trust or trust account created pursuant to this section if the total
72.32amount invested by that political subdivision or public entity would exceed the political
72.33subdivision's or public entity's actuarially determined liabilities for postemployment
72.34benefits due to officers and employees, as determined under the applicable standards of the
72.35Governmental Accounting Standards Board.
73.1 Subd. 7. Withdrawal of funds and termination of account. (a) For a revocable
73.2account, a political subdivision or public entity may withdraw some or all of its money
73.3or terminate the trust account for any reason. Money and accrued investment earnings
73.4withdrawn from a revocable account must be deposited in a fund separate and distinct from
73.5any other funds of the political subdivision or public entity. This money, with accrued
73.6investment earnings, must be used to pay legally enforceable postemployment benefits
73.7to former officers and employees, unless (i) there has been a change in state or federal
73.8law affecting that political subdivision's or public entity's liabilities for postemployment
73.9benefits, or (ii) there has been a change in the demographic composition of that political
73.10subdivision's or public entity's employees eligible for postemployment benefits, or (iii)
73.11there has been a change in the provisions or terms of the postemployment benefits in that
73.12political subdivision or public entity including, but not limited to, the portion of the costs
73.13eligible employees must pay to receive the benefits, or (iv) other factors exist that have
73.14a material effect on that political subdivision's or public entity's actuarially determined
73.15liabilities for postemployment benefits, in which event any amount in excess of 100
73.16percent of that political subdivision's or public entity's actuarially determined liabilities for
73.17postemployment benefits, as determined under standards of the Government Accounting
73.18Standards Board, may be withdrawn and used for any purpose.
73.19 (b) For an irrevocable account, a political subdivision or public entity may withdraw
73.20money only:
73.21 (1) as needed to pay postemployment benefits owed to former officers and employees
73.22of the political subdivision or public entity; or
73.23 (2) when all postemployment benefit liability owed to former officers or employees
73.24of the political subdivision or public entity has been satisfied or otherwise defeased.
73.25 (c) A political subdivision or public entity requesting withdrawal of money from
73.26an account created under this section must do so at a time and in the manner required by
73.27the executive director of the Public Employees Retirement Association or specified in an
73.28applicable trust document. The political subdivision or public entity that created the trust
73.29must ensure that withdrawals comply with the requirements of this section.
73.30 (d) The legislature may not divert funds in these trusts or trust accounts for use for
73.31any other purpose.
73.32 Subd. 8. Status of irrevocable trust. (a) All money in an irrevocable trust or
73.33trust account created in this section is held in trust for the exclusive benefit of former
73.34officers and employees of the participating political subdivision or public entity, and are
73.35not subject to claims by creditors of the state, the participating political subdivision or
74.1public entity, the current or former officers and employees of the political subdivision
74.2or public entity, or the trust administrator.
74.3 (b) An irrevocable trust fund or trust account created in this section shall be deemed
74.4an arrangement equivalent to a trust for all legal purposes.
74.5EFFECTIVE DATE.This section is effective the day following final enactment,
74.6and is applicable immediately to all political subdivisions or public entities subject to
74.7Statement No. 45 of the Governmental Accounting Standards Board in 2007, to those
74.8political subdivisions or public entities whose trusts or trust accounts are validated
74.9by section 113, and to those political subdivisions or public entities that have begun
74.10consideration of measures to implement Statement No. 45 in 2007. This section is
74.11applicable on July 1, 2008, for all other political subdivisions or public entities.
74.12 Sec. 104. Minnesota Statutes 2006, section 473.246, is amended to read:
74.13473.246 COUNCIL'S SUBMISSIONS TO
74.14LEGISLATURE.
74.15 The Metropolitan Council shall submit to the
74.16
74.17metropolitan affairs information on the council's tax rates and dollar amounts levied for
74.18the current year, proposed property tax rates and levies, operating and capital budgets,
74.19work program, capital improvement program, and any other information requested by the
74.20
74.21relevant committees.
74.22EFFECTIVE DATE.This section is effective the day following final enactment.
74.23 Sec. 105. Minnesota Statutes 2006, section 477A.014, subdivision 4, is amended to
74.24read:
74.25 Subd. 4. Costs. The director of the Office of Strategic and Long-Range Planning
74.26shall annually bill the commissioner of revenue for one-half of the costs incurred by the
74.27state demographer in the preparation of materials required by section
74.28auditor shall bill the commissioner of revenue for the costs of best practices reviews
74.29and the services provided by the Government Information Division and the parts of the
74.30constitutional office that are related to the government information function, and for
74.31the services provided by the Tax Increment Financing Investment and Finance Division
74.32required by section 469.3201, not to exceed
74.33commissioner of administration shall bill the commissioner of revenue for the costs of
75.1the local government records program and the intergovernmental information systems
75.2activity, not to exceed $205,800 each fiscal year. The commissioner of employee relations
75.3shall bill the commissioner of revenue for the costs of administering the local government
75.4pay equity function, not to exceed $55,000 each fiscal year.
75.5 Sec. 106. Minnesota Statutes 2006, section 491A.02, subdivision 4, is amended to read:
75.6 Subd. 4. Representation. (a) A corporation, partnership, limited liability company,
75.7sole proprietorship, or association may be represented in conciliation court by an officer,
75.8manager, or partner or an agent in the case of a condominium, cooperative, or townhouse
75.9association, or may appoint a natural person who is an employee or commercial property
75.10manager to appear on its behalf or settle a claim in conciliation court. The state or a
75.11political subdivision of the state may be represented in conciliation court by an employee
75.12of the pertinent governmental unit without a written authorization. The state also may be
75.13represented in conciliation court by an employee of the Division of Risk Management of
75.14the Department of Administration without a written authorization. Representation under
75.15this subdivision does not constitute the practice of law for purposes of section
75.16subdivision 8
75.17agent of a condominium, cooperative, or townhouse association, an authorized power
75.18of attorney, corporate authorization resolution, corporate bylaw, or other evidence of
75.19authority acceptable to the court must be filed with the claim or presented at the hearing.
75.20This subdivision also applies to appearances in district court by a corporation or limited
75.21liability company with five or fewer shareholders or members and to any condominium,
75.22cooperative, or townhouse association, if the action was removed from conciliation court.
75.23 (b) "Commercial property manager" means a corporation, partnership, or limited
75.24liability company or its employees who are hired by the owner of commercial real
75.25estate to perform a broad range of administrative duties at the property including tenant
75.26relations matters, leasing, repairs, maintenance, the negotiation and resolution of tenant
75.27disputes, and related matters. In order to appear in conciliation court, a property manager's
75.28employees must possess a real estate license under section
75.29owner of the property to settle all disputes with tenants and others within the jurisdictional
75.30limits of conciliation court.
75.31 (c) A commercial property manager who is appointed to settle a claim in conciliation
75.32court may not charge or collect a separate fee for services rendered under paragraph (a).
75.33 Sec. 107. Minnesota Statutes 2006, section 507.24, subdivision 2, is amended to read:
76.1 Subd. 2. Original signatures required. (a) Unless otherwise provided by law, an
76.2instrument affecting real estate that is to be recorded as provided in this section or other
76.3applicable law must contain the original signatures of the parties who execute it and of the
76.4notary public or other officer taking an acknowledgment. However, a financing statement
76.5that is recorded as a filing pursuant to section
76.6signatures of the debtor or the secured party; or (2) an acknowledgment.
76.7 (b)(1) Any electronic instruments, including signatures and seals, affecting real
76.8estate may only be recorded as part of a pilot project for the electronic filing of real
76.9estate documents implemented by the task force created in Laws 2000, chapter 391, or
76.10by the Electronic Real Estate Recording Task Force created under section
76.11Electronic Real Estate Recording Task Force created under section 507.094 may amend
76.12standards set by the task force created in Laws 2000, chapter 391, and may set new or
76.13additional standards and establish pilot projects to the full extent permitted in section
76.14507.094, subdivision 2, paragraph (b). Documents recorded in conformity with those
76.15standards and in those pilot projects are deemed to meet the requirements of this section.
76.16 (2)(i) A county that participated in the pilot project for the electronic filing of real
76.17estate documents under the task force created in Laws 2000, chapter 391, may continue to
76.18record or file documents electronically, if:
76.19
76.20
76.21 (ii) A county that did not participate in the pilot project may record or file a real
76.22estate document electronically, if:
76.23
76.24for the electronic filing of real estate documents under the task force created in Laws
76.252000, chapter 391;
76.26
76.27
76.28
76.29certification of compliance with paragraph (b), clause (2), of this section by the county
76.30board and county recorder of the county to implement electronic filing under this section.
76.31 (c) Notices filed pursuant to section
76.32contain an acknowledgment.
76.33 Sec. 108. Laws 2006, chapter 253, section 22, subdivision 1, is amended to read:
76.34 Subdivision 1. Genetic information; work group. (a) The commissioner must
76.35create a work group to develop principles for public policy on the use of genetic
77.1information. The work group must include representatives of state government, including
77.2the judicial branch, local government, prosecutors, public defenders, the American Civil
77.3Liberties Union - Minnesota, the Citizens Council on Health Care, the University of
77.4Minnesota Center on Bioethics, the Minnesota Medical Association, the Mayo Clinic
77.5and Foundation, the March of Dimes, and representatives of employers, researchers,
77.6epidemiologists, laboratories, and insurance companies.
77.7 (b) The commissioner of administration and the work group must conduct reviews
77.8of the topics in paragraphs (c) to (f), in light of the issues raised in the report on treatment
77.9of genetic information under state law required by Laws 2005, chapter 163, section 87.
77.10The commissioner must report the results, including any recommendations for legislative
77.11changes, to the chairs of the house Civil Law Committee and the senate Judiciary
77.12Committee and the ranking minority members of those committees by January 15,
77.132009.
77.14 (c) The commissioner and the work group must determine whether changes are
77.15needed in Minnesota Statutes, section
77.16from cancer patients and their relatives.
77.17 (d) The commissioner and the work group must make recommendations whether
77.18all relatives affected by a formal three-generation pedigree created by the Department of
77.19Health should be able to access the entire data set, rather than only allowing individuals
77.20access to the data of which they are the subject.
77.21 (e) The commissioner and the work group must identify, and may make
77.22recommendations among, options for resolving questions of secondary uses of genetic
77.23information.
77.24 (f) The commissioner and the work group must make recommendations whether
77.25legislative changes are needed regarding access to DNA test results and the specimens
77.26used to create the test results held by the Bureau of Criminal Apprehension as part of
77.27a criminal investigation.
77.28 Sec. 109. Laws 2006, chapter 258, section 14, subdivision 6, is amended to read:
| 77.29 |
Subd. 6.Starbase Minnesota |
150,000 |
|||||
77.31for the Starbase Minnesota program
77.32
77.33appropriation is from the general fund.
77.34EFFECTIVE DATE.This section is effective the day following final enactment.
78.1 Sec. 110. BOND SALE AUTHORIZATION REDUCED.
78.2 The bond sale authorization in Laws 2006, chapter 258, section 25, subdivision 1,
78.3is reduced by $150,000.
78.4EFFECTIVE DATE.This section is effective the day following final enactment.
78.5 Sec. 111. FORD BUILDING.
78.6 The Ford Building at 117 University Avenue in St. Paul may not be demolished
78.7during the biennium ending June 30, 2009.
78.8 Sec. 112. TASK FORCE.
78.9 Subdivision 1. Creation. A task force is created to work with the Commissioner of
78.10Administration on a disparity study. The task force consists of one member appointed by
78.11and serving at the pleasure of each of the following groups:
78.12 (1) the Council on Asian-Pacific Minnesotans;
78.13 (2) the Council on Black Minnesotans;
78.14 (3) the Council on Affairs of Chicano/Latino people;
78.15 (4) the Indian Affairs Council;
78.16 (5) the Association of Women Contractors; and
78.17 (6) the National Association of Minority Contractors.
78.18 Subd. 2. Consultation and approval. (a) The commissioner must consult with
78.19the task force on the design of the disparity study, the nature of the services sought in a
78.20request for proposals for the study, the criteria that the commissioner will use to evaluate
78.21and select a contractor, and selection of the contractor.
78.22 (b) The commissioner must consult with the task force regarding the commissioner's
78.23interpretation of data obtained through the study, and on the commissioner's
78.24recommendations for any changes in the targeted group purchasing program resulting from
78.25the study. The task force may make its own recommendations before the commissioner
78.26presents the recommendations in a final report. If the commissioner's recommendations
78.27are different from the task force recommendations, the commissioner's report must note
78.28the differences.
78.29 Subd. 3. Support services. The commissioner must provide meeting space and
78.30administrative support to the task force.
78.31 Subd. 4. Expiration. The task force expires at the end of the regular session of the
78.32legislature at which the commissioner presents the results of the targeted group business
78.33disparity study to the legislature.
79.1 Sec. 113. VALIDATION.
79.2 Any trust or trust account or other custodial account or contract authorized under
79.3section 401(f) of the Internal Revenue Code, created prior to June 6, 2006, to pay
79.4postemployment benefits to employees or officers after termination of service, is hereby
79.5validated, may continue in full force and effect, and shall have continuing authority
79.6to accept new funds; however, this section does not validate or correct defects in any
79.7previously created trust document. Any funds held by a validated trust or account
79.8under this section may be invested as provided in Minnesota Statutes, section 471.6175,
79.9subdivision 5. A validated trust or account shall have until January 1, 2008, to bring
79.10its trust documents and procedures into compliance with Minnesota Statutes, section
79.11471.6175.
79.12EFFECTIVE DATE.This section is effective the day following final enactment.
79.13 Sec. 114. REPORT; ACCOUNTING PRINCIPLES.
79.14 By October 15, 2007, the commissioner of finance must provide a report listing
79.15specific areas where state budgeting practices differ from generally accepted accounting
79.16principles and the reasons for those differences. If that difference is a result of direction in
79.17law, the report must include the law causing the difference.
79.18 Sec. 115. BUILDING REPLACEMENT FUNDS.
79.19 In addition to the requirements in Laws 2002, chapter 400, section 13, subdivision 7,
79.20the commissioner of administration shall collect appropriate rent revenues for the Elmer L.
79.21Andersen and Orville L. Freeman buildings to be set aside in a segregated special revenue
79.22fund for deferred maintenance and other extraordinary building repairs. Funds shall be
79.23expended for these purposes as determined by the commissioner.
79.24EFFECTIVE DATE.This section is effective the day following final enactment.
79.25 Sec. 116. COMPENSATION FOR PERIOD OF PARTIAL GOVERNMENT
79.26SHUTDOWN.
79.27 Subdivision 1. Definitions; coverage. For purposes of this section:
79.28 (1) "employee" means a state employee, as defined in Minnesota Statutes, section
79.2943A.02, subdivision 21, who is a state employee on the effective date of this section and
79.30who the commissioner determines was prevented from working because of the partial
79.31government shutdown; and
80.1 (2) "partial government shutdown" means the period from July 1, 2005, through July
80.214, 2005, during which appropriations needed to fund certain state government functions
80.3had not been enacted.
80.4 Subd. 2. Credit for uncompensated hours. A state employee who was previously
80.5compensated in cash or by a credit to the employee's vacation bank for hours the employee
80.6could not work due to the partial government shutdown, must:
80.7 (1) be paid an additional amount equal to the previous payment, if the previous
80.8payment was made in cash; or
80.9 (2) have hours credited to the employee's vacation bank in the same amount as
80.10the previous credit.
80.11EFFECTIVE DATE.This section is effective the day following final enactment.
80.12The commissioner must make payments or credits required by this section within 30
80.13days of the effective date of this section.
80.14 Sec. 117. ELECTRONIC DOCUMENTS STUDY AND REPORT.
80.15 Subdivision 1. Study. The chief information officer of the state shall study
80.16how electronic documents and the mechanisms and processes for accessing and
80.17reading electronic data can be created, maintained, exchanged, and preserved by the
80.18state in a manner that encourages appropriate government control, access, choice,
80.19and interoperability. The study must consider, but not be limited to, the policies of
80.20other states and nations, management guidelines for state archives as they pertain to
80.21electronic documents, public access, expected storage life of electronic documents, costs
80.22of implementation, and savings. The chief information officer shall solicit comments
80.23regarding the creation, maintenance, exchange, and preservation of electronic documents
80.24by the state from stakeholders, including but not limited to the legislative auditor,
80.25the attorney general, the state archivist, the state legislative reference librarian, other
80.26librarians, representatives of the state historical society, and other historians. The chief
80.27information officer shall also solicit comments from members of the public.
80.28 Subd. 2. Report and recommendation. The chief information officer shall
80.29report the officer's findings and recommendations to the chairs of the senate State
80.30and Local Government Operations and Oversight Committee; house Government
80.31Operations, Reform, Technology and Elections Committee; and the senate and house State
80.32Government Finance Divisions by January 15, 2008.
80.33 Sec. 118. LABOR AGREEMENTS AND COMPENSATION PLANS.
81.1 Subdivision 1. Minnesota Law Enforcement Association. The labor agreement
81.2between the state of Minnesota and the Minnesota Law Enforcement Association,
81.3approved by the Legislative Coordinating Commission Subcommittee on Employee
81.4Relations on August 7, 2006, is ratified.
81.5 Subd. 2. Minnesota Nurses Association. The labor agreement between the
81.6state of Minnesota and the Minnesota Nurses Association, approved by the Legislative
81.7Coordinating Commission Subcommittee on Employee Relations on September 18, 2006,
81.8is ratified.
81.9 Subd. 3. Office of Higher Education. The amendments to the compensation
81.10plan for unrepresented employees of the Office of Higher Education, approved by
81.11the Legislative Coordinating Commission Subcommittee on Employee Relations on
81.12September 18, 2006, are ratified.
81.13 Subd. 4. Gambling Control Board. The proposal to increase the salary of the
81.14director of the Gambling Control Board, as approved by the Legislative Coordinating
81.15Commission Subcommittee on Employee Relations on August 7, 2006, is ratified.
81.16 Subd. 5. Public Employees Retirement Association. The proposal to increase
81.17the salary of the director of the Public Employees Retirement Association, as approved
81.18by the Legislative Coordinating Commission Subcommittee on Employee Relations on
81.19March 27, 2007, is ratified.
81.20 Subd. 6. Minnesota State Retirement System. The proposal to increase the
81.21salary of the director of the Minnesota State Retirement System, as approved by the
81.22Legislative Coordinating Commission Subcommittee on Employee Relations on March
81.2327, 2007, is ratified.
81.24 Subd. 7. Teachers Retirement Association. The proposal to increase the salary
81.25of the director of the Teachers Retirement Association, as approved by the Legislative
81.26Coordinating Commission Subcommittee on Employee Relations on March 27, 2007,
81.27is ratified.
81.28EFFECTIVE DATE.This section is effective the day following final enactment.
81.29 Sec. 119. STATE EMPLOYEES ELECTRONIC HEALTH RECORDS PILOT
81.30PROJECT.
81.31 Subdivision 1. Project established. The Minnesota State Colleges and Universities
81.32Board of Trustees (MnSCU), in collaboration with the commissioner of employee relations
81.33shall establish an enterprise-wide pilot project to provide consumer-owned electronic
81.34personal health records to MnSCU employees and all participants in the state employee
81.35group insurance program. If the Department of Employee Relations is abolished, then the
82.1Minnesota State Colleges and Universities Board of Trustees shall work in collaboration
82.2with the commissioner of the department responsible for administration of the state
82.3employee group insurance program.
82.4 Subd. 2. Project goals. The goal of the project is to provide consumer-owned
82.5electronic personal health records that are portable among health care providers, health
82.6plan companies, and employers in order to control costs, improve quality, and enhance
82.7safety, and to demonstrate the feasibility of a statewide health information exchange.
82.8The pilot project shall coordinate to the extent possible with other health information
82.9consumer engagement initiatives in Minnesota designed to support the goal of statewide
82.10health information exchange. The electronic personal health records may provide, but
82.11are not limited to, the following:
82.12 (1) access to electronic medical records;
82.13 (2) prescription and appointment information;
82.14 (3) information regarding health education, public health, and health cost
82.15management; and
82.16 (4) privacy, security, and HIPAA compliance.
82.17 Sec. 120. VALUE-ADDED CONTRACT AUTHORITY.
82.18 (a) The director of the Office of Enterprise Technology, with approval of
82.19the commissioner of finance, may enter into contracts for: (1) development and
82.20implementation of an electronic system for executive branch state agencies to issue
82.21licenses; and (2) development and implementation of an integrated system to support
82.22tax processing, reporting, and enforcement functions. The director must use funds
82.23appropriated by this act for these purposes. In addition, the director may enter into
82.24contracts for these purposes under which the vendor initially pays all or part of the costs,
82.25and the state accounting system does not show an encumbrance for some or all of the
82.26contract liability when the director initially enters into the contracts.
82.27 (b) Before entering into a contract authorized by this section, the director must
82.28prepare, and the commissioner of finance must approve, a plan for how payments will be
82.29made to the vendors under the contracts. If the contracts will involve performance-based
82.30payments to the vendor, the plan must describe the criteria for making those payments. If
82.31the director intends to pay for all or part of the contract from savings generated, the plan
82.32must describe what savings are anticipated, and how the savings will be captured so as to
82.33be available to make payments under the contract. The plan must explain how the total
82.34contract costs relate to the costs anticipated in the governor's budget recommendations
82.35presented to the legislature in 2007.
83.1 (c) The director must present the plan required by paragraph (b) to the chairs of the
83.2house Ways and Means and Finance Committees and the senate Finance Committee when
83.3the director submits the plan to the commissioner of finance for approval. The director
83.4must notify these chairs when the commissioner of finance has approved the plan. This
83.5notice must include any changes from the original plan.
83.6 (d) The director must report to the chairs of the house Ways and Means and Finance
83.7Committees and the senate Finance Committee by January 15 each of the next five years
83.8after entering into a contract authorized under this section. The report must include a
83.9detailed breakdown of how and by whom the contract costs are being paid, and on the cost
83.10savings and service improvements achieved as a result of the contract.
83.11 Sec. 121. PRE-1969 TRA MEMBER GRATUITY PAYMENT.
83.12 (a) $4,100,000 is appropriated to the executive director of the Teachers Retirement
83.13Association for the payment of a gratuity to persons who were teachers as defined in
83.14Minnesota Statutes, section 354.05, subdivision 2, and who rendered teaching service as
83.15defined in Minnesota Statutes, section 354.05, subdivision 3, either during the 1968-1969
83.16school year, but were not covered by the improved money purchase program savings
83.17clause in Minnesota Statutes, section 354.55, subdivision 17, or before the 1968-1969
83.18school year, did not take a refund of member contributions upon the termination of teacher
83.19service, and who were eligible to make an election under Minnesota Statutes 1971, section
83.20354.55, subdivision 8. The payment is intended to reflect the special contribution of
83.21these persons to education and to offset any unfulfilled expectation the person may have
83.22as to potential benefit levels. The gratuity payment amount for each person is $1,000 or
83.23a prorated portion of that amount if, at any time, the executive director of the Teachers
83.24Retirement Association determines that payment of the full amount to the remaining
83.25participants would likely exceed the appropriation.
83.26 (b) The Teachers Retirement Association shall make available to persons eligible to
83.27receive a payment under this section on or before August 1, 2007, an application form.
83.28Filing an application form is a waiver of any legal, equitable, or legislative claim for any
83.29other special consideration and the form must indicate the waiver.
83.30 (c) On August 1, 2007, the Teachers Retirement Association shall determine those
83.31remaining persons who are eligible to receive a payment under this section and who have
83.32not applied for a payment and send to each remaining person, at the person's residence
83.33of record, a state warrant of the full or a prorated payment amount. If the recipient
83.34negotiates the state warrant, that negotiation constitutes a waiver of any legal, equitable,
83.35or legislative claim for any other special consideration as documentation accompanying
84.1the warrant must indicate the waiver. Any warrant under this section expires on August
84.21, 2009, and the amount of any unnegotiated state warrant under this section cancels
84.3to the Teachers Retirement Association.
84.4 Sec. 122. CERTIFICATE OF COMPLIANCE; TEMPORARY PROVISION.
84.5 Subdivision 1. Pay equity. Until July 1, 2008, a business that is not in compliance
84.6with equitable compensation relationship standards under Minnesota Statutes, section
84.743A.50, is making a good faith effort to achieve compliance if the commissioner of
84.8employee relations has approved:
84.9 (1) a statement of the business's intention to prepare a pay equity report and an
84.10estimated date no later than July 1, 2008, when the report and plan will be submitted; and
84.11 (2) information on the business's current status, including a statement on the
84.12existence of a company-wide job evaluation system, the total number of male and female
84.13employees of the business, and the business's interest in receiving training on how to
84.14establish equitable compensation relationships.
84.15 Subd. 2. Report. The commissioner of employee relations shall report to the
84.16legislature by January 31, 2008, on implementation of this section. The report must
84.17include findings and recommendations on any changes needed to ensure that state
84.18contractors achieve equitable compensation relationships.
84.19 Sec. 123. SUSTAINABLE GROWTH WORKING GROUP.
84.20 Subdivision 1. Creation. The sustainable growth working group consists of the
84.21following members:
84.22 (1) two senators, including one member of the minority caucus, appointed by the
84.23Subcommittee on Committees of the Committee on Rules and Administration;
84.24 (2) two members of the house of representatives, one appointed by the speaker
84.25and one appointed by the minority leader;
84.26 (3) commissioners of the following agencies, or their designees: Department of
84.27Natural Resources, Department of Administration, Department of Agriculture, Department
84.28of Commerce, Department of Transportation, Department of Employment and Economic
84.29Development, Minnesota Housing Finance Agency, and the Minnesota Pollution Control
84.30Agency; and the chair of the Metropolitan Council or the chair's designee;
84.31 (4) up to 12 public members who have an interest in promoting sustainable
84.32communities in Minnesota, including up to six public members appointed by the speaker
84.33of the house of representatives and up to six public members appointed by the majority
84.34leader of the senate. The appointing authorities must use their best efforts to include at
85.1least one representative from each of the following sectors: business, environmental,
85.2energy, affordable housing, transportation, local government, planning, and philanthropic.
85.3 The membership of the working group must include balanced representation from
85.4rural, urban, and suburban areas of the state.
85.5 Subd. 2. Duties. The working group must identify strategies, recommendations, and
85.6a process for implementing state-level coordination of state and local policies, programs,
85.7and regulations in the areas of housing, transportation, natural resource preservation,
85.8capital development, economic development, sustainability, and preservation of the
85.9environment. The working group must identify sustainable development principles that
85.10will guide decision making in Minnesota. The working group must gather information
85.11and develop strategies relative to the strategic use of state resources, to be consistent with
85.12statewide goals of sustainable development. The working group must report proposed
85.13strategies, recommendations, and a process for implementation to the legislature and the
85.14governor by February 1, 2008. In its report to the legislature and the governor, the working
85.15group must identify its source of funding.
85.16 Subd. 3. Administrative provisions. (a) The commissioner of administration
85.17must convene the initial meeting. Upon request of the working group, the commissioner
85.18must provide meeting space and administrative services for the group. The Office of
85.19Geographic and Demographic Analysis must provide staff support for the working group.
85.20The members of the working group must elect a chair.
85.21 (b) Members of the working group serve without compensation but may be
85.22reimbursed for expenses under Minnesota Statutes, section 15.059.
85.23 (c) The working group expires June 30, 2008.
85.24 (d) The working group may accept gifts and grants, which are accepted on behalf
85.25of the state and constitute donations to the state. Funds received are appropriated to the
85.26commissioner of administration for purposes of the working group.
85.27 Sec. 124. ASSISTANCE.
85.28 House and senate staff must assist the Legislative Coordinating Commission with
85.29new duties assigned to the commission by this act.
85.30 Sec. 125. TRAINING SERVICES.
85.31 During the biennium ending June 30, 2009, state executive branch agencies must
85.32consider using services provided by government training services before contracting with
85.33other outside vendors for similar services.
86.1 Sec. 126. REPEALER.
86.2Minnesota Statutes 2006, sections 3.884; 3.8841; 6.56, subdivision 1; 16A.102;
86.316C.055, subdivision 1; 16C.08, subdivision 4a; 69.051, subdivision 1c; 359.085,
86.4subdivision 8; and 645.44, subdivision 19, are repealed.
86.7 Section 1. Minnesota Statutes 2006, section 16C.02, is amended by adding a
86.8subdivision to read:
86.9 Subd. 4a. Best value; construction. For purposes of construction, building,
86.10alteration, improvement, or repair services, "best value" describes the result determined by
86.11a procurement method that considers price and performance criteria, which may include,
86.12but are not limited to:
86.13 (1) the quality of the vendor's or contractor's performance on previous projects;
86.14 (2) the timeliness of the vendor's or contractor's performance on previous projects;
86.15 (3) the level of customer satisfaction with the vendor's or contractor's performance
86.16on previous projects;
86.17 (4) the vendor's or contractor's record of performing previous projects on budget and
86.18ability to minimize cost overruns;
86.19 (5) the vendor's or contractor's ability to minimize change orders;
86.20 (6) the vendor's or contractor's ability to prepare appropriate project plans;
86.21 (7) the vendor's or contractor's technical capacities;
86.22 (8) the individual qualifications of the contractor's key personnel; or
86.23 (9) the vendor's or contractor's ability to assess and minimize risks.
86.24 "Performance on previous projects" does not include the exercise or assertion of a
86.25person's legal rights. This definition does not apply to sections 16C.32, 16C.33, 16C.34,
86.26and 16C.35.
86.27 Sec. 2. Minnesota Statutes 2006, section 16C.02, is amended by adding a subdivision
86.28to read:
86.29 Subd. 20. Vendor. "Vendor" means a business, including a construction contractor
86.30or a natural person, and includes both if the natural person is engaged in a business.
86.31 Sec. 3. Minnesota Statutes 2006, section 16C.03, subdivision 3, is amended to read:
86.32 Subd. 3. Acquisition authority. The commissioner shall acquire all goods, services,
86.33and utilities needed by agencies. The commissioner shall acquire goods, services, and
87.1utilities by requests for bids, requests for proposals, reverse auctions as provided in
87.2section
87.3requires a particular method of acquisition to be used. The commissioner shall make all
87.4decisions regarding acquisition activities. The determination of the acquisition method
87.5and all decisions involved in the acquisition process, unless otherwise provided for by
87.6law, shall be based on best value which includes an evaluation of price and may include
87.7other considerations including, but not limited to, environmental considerations, quality,
87.8and vendor performance. A best value determination must be based on the evaluation
87.9criteria detailed in the solicitation document. If criteria other than price are used, the
87.10solicitation document must state the relative importance of price and other factors.
87.11
87.12
87.13
87.14be rejected. When using the request for bid process, the bid must be awarded to the
87.15lowest responsive and responsible bidder, taking into consideration conformity with
87.16the specifications, terms of delivery, the purpose for which the contract or purchase is
87.17intended, the status and capability of the vendor, and other considerations imposed in the
87.18request for bids. The commissioner may decide which is the lowest responsible bidder
87.19for all purchases and may use the principles of life-cycle costing, where appropriate, in
87.20determining the lowest overall bid. The duties set forth in this subdivision are subject to
87.21delegation pursuant to this section.
87.22 Sec. 4. Minnesota Statutes 2006, section 16C.03, is amended by adding a subdivision
87.23to read:
87.24 Subd. 3a. Acquisition authority; construction contracts. For all building and
87.25construction contracts, the commissioner shall award contracts pursuant to section 16C.28,
87.26and "best value" shall be defined and applied as set forth in sections 16C.02, subdivision
87.274a and 16C.28, subdivision 1, paragraph (a), clause (2). The duties set forth in this
87.28subdivision are subject to delegation pursuant to this section. The commissioner shall
87.29establish procedures for developing and awarding best value requests for proposals for
87.30construction projects. The criteria to be used to evaluate the proposals must be included in
87.31the solicitation document and must be evaluated in an open and competitive manner.
87.32 Sec. 5. Minnesota Statutes 2006, section 16C.03, is amended by adding a subdivision
87.33to read:
88.1 Subd. 18. Training. Users of best value procurement may be trained in the
88.2request for proposals process for best value contracting for construction projects.
88.3The commissioner may establish a training program for state and local officials and
88.4employees, and vendors and contractors, on best value procurement for construction
88.5projects, including those governed by section 16C.02, subdivision 4a. If the commissioner
88.6establishes such a training program, the state may charge a fee for providing training.
88.7 Sec. 6. Minnesota Statutes 2006, section 16C.26, is amended to read:
88.816C.26 COMPETITIVE BIDS OR PROPOSALS.
88.9 Subdivision 1. Application. Except as otherwise provided by sections 16C.10,
88.11competitive bids or proposals. "Competitive proposals" specifically refers to the method
88.12of procurement described in section 16C.28, subdivision 1, paragraph (a), clause (2).
88.13 Subd. 2. Requirement contracts. Standard requirement price contracts for building
88.14and construction must be established by competitive bids as provided in subdivision 1.
88.15The standard requirement price contracts may contain escalation clauses and may provide
88.16for a negotiated price increase or decrease based upon a demonstrable industrywide or
88.17regional increase or decrease in the vendor's costs or for the addition of similar products or
88.18replacement items not significant to the total value of existing contracts. The term of these
88.19contracts may not exceed five years including all extensions.
88.20 Subd. 3. Publication of notice; expenditures over $25,000. If the amount of an
88.21expenditure is estimated to exceed $25,000, bids or proposals must be solicited by public
88.22notice in a manner designated by the commissioner. To the extent practical, this must
88.23include posting on a state Web site. For expenditures over $50,000, when a call for bids is
88.24issued the commissioner shall solicit sealed bids by providing notices to all prospective
88.25bidders known to the commissioner by posting notice on a state Web site at least seven
88.26days before the final date of submitting bids. All bids over $50,000 must be sealed when
88.27they are received and must be opened in public at the hour stated in the notice. All
88.28proposals responsive to a request for proposals according to section 16C.28, subdivision 1,
88.29paragraph (a), clause (2), shall be submitted and evaluated in the manner described in the
88.30request for proposals, regardless of the dollar amount. All original bids and proposals and
88.31all documents pertaining to the award of a contract must be retained and made a part of a
88.32permanent file or record and remain open to public inspection.
88.33 Subd. 4. Building and construction contracts; $50,000 or less. An informal bid
88.34may be used for building, construction, and repair contracts that are estimated at less than
88.35$50,000. Informal bids must be authenticated by the bidder in a manner specified by the
89.1commissioner. Alternatively, a request for proposals may be issued according to section
89.216C.28, subdivision 1, paragraph (a), clause (2), for such contracts.
89.3 Subd. 5. Standard specifications, security. Contracts must be based on the
89.4standard specifications prescribed and enforced by the commissioner under this chapter,
89.5unless otherwise expressly provided or as authorized under section 16C.28, subdivision 1,
89.6paragraph (a), clause (2). Each
89.7security approved by the commissioner to ensure the making of the contract being bid for.
89.8 Subd. 6. Noncompetitive bids. Agencies are encouraged to contract with small
89.9targeted group businesses designated under section
89.10that are not subject to competitive bidding procedures.
89.11 Sec. 7. Minnesota Statutes 2006, section 16C.27, subdivision 1, is amended to read:
89.12 Subdivision 1. Single source of supply. Competitive bidding
89.13required for contracts clearly and legitimately limited to a single source of supply, and the
89.14contract price may be best established by direct negotiation.
89.15 Sec. 8. Minnesota Statutes 2006, section 16C.28, is amended to read:
89.1616C.28 CONTRACTS; AWARD.
89.17 Subdivision 1.
89.18building and construction contracts entered into by or under the supervision of the
89.19commissioner or an agency for which competitive bids or proposals are required
89.20
89.21
89.22
89.23
89.24
89.25
89.26
89.27
89.28
89.29either of the following:
89.30 (1) the lowest responsible bidder, taking into consideration conformity with the
89.31specifications, terms of delivery, the purpose for which the contract is intended, the status
89.32and capability of the vendor or contractor, other considerations imposed in the call for
89.33bids, and, where appropriate, principles of life-cycle costing; or
90.1 (2) the vendor or contractor offering the best value, taking into account the
90.2specifications of the request for proposals, the price and performance criteria as set forth
90.3in section 16C.02, subdivision 4a, and described in the solicitation document.
90.4 (b) The vendor or contractor must secure bonding, commercial general insurance
90.5coverage, and workers' compensation insurance coverage under paragraph (a), clause
90.6(1) or (2). The commissioner shall determine whether to use the procurement process
90.7described in paragraph (a), clause (1), or the procurement process described in paragraph
90.8(a), clause (2). If the commissioner uses the method in paragraph (a), clause (2), the head
90.9of the agency shall determine which vendor or contractor offers the best value, subject to
90.10the approval of the commissioner. Any or all bids or proposals may be rejected.
90.11 Subd. 1a. Establishment and purpose. (a) The state recognizes the importance of
90.12the inclusion of a best value contracting system for construction as an alternative to the
90.13current low-bid system of procurement. In order to accomplish that goal, state and local
90.14governmental entities shall be able to choose the best value system in different phases.
90.15 (b) "Best value" means the procurement method defined in section 16C.02,
90.16subdivision 4a.
90.17 (c) The following entities are eligible to participate:
90.18 (1) phase I: state agencies, counties, cities, and school districts with the highest 25
90.19percent enrollment of students in the state, beginning on the effective date of this section;
90.20 (2) phase II: those entities included in phase I, counties with populations over
90.21100,000, and school districts with the highest 50 percent enrollment of students in the
90.22state, beginning two years from the effective date of this section; and
90.23 (3) phase III: all entities included in phases I and II, and all other counties, towns,
90.24school districts, and political subdivisions in the state, beginning three years from the
90.25effective date of this section.
90.26 (d) The commissioner or any agency for which competitive bids or proposals are
90.27required may not use best value contracting as defined in section 16C.02, subdivision 4a,
90.28for more than one project annually, or 20 percent of its projects, whichever is greater, in
90.29each of the first three fiscal years in which best value construction contracting is used.
90.30 Subd. 2. Alterations and erasures. A bid containing an alteration or erasure of
90.31any price contained in the bid which is used in determining the lowest responsible bid
90.32must be rejected unless the alteration or erasure is corrected in a manner that is clear and
90.33authenticated by an authorized representative of the responder. An alteration or erasure
90.34may be crossed out and the correction printed in ink or typewritten adjacent to it and
90.35initialed by an authorized representative of the responder.
91.1 Subd. 3. Special circumstances. The commissioner may reject the bid or proposal
91.2of any
91.3the state. In the case of identical low bids from two or more bidders, the commissioner
91.4may use negotiated procurement methods with the tied low bidders for that particular
91.5transaction so long as the price paid does not exceed the low tied bid price. The
91.6commissioner may award contracts to more than one
91.7accordance with subdivision 1, if doing so does not decrease the service level or diminish
91.8the effect of competition.
91.9 Subd. 4. Record. A record must be kept of all bids or proposals, including names of
91.10bidders, amounts of bids or proposals, and each successful bid or proposal. This record is
91.11open to public inspection, subject to section 13.591 and other applicable law.
91.12 Subd. 5. Preferences not cumulative. The preferences under sections
91.14of preference granted on a contract may not exceed the highest percentage of preference
91.15allowed for that contract under any one of those sections.
91.16 Sec. 9. Minnesota Statutes 2006, section 103D.811, subdivision 3, is amended to read:
91.17 Subd. 3. Awarding of contract. (a) At a time and place specified in the bid notice,
91.18the managers may accept or reject any or all bids and may award the contract to the lowest
91.19responsible bidder. The bidder to whom the contract is to be awarded must give a bond,
91.20with ample security, conditioned by satisfactory completion of the contract.
91.21 (b) Bids must not be considered which in the aggregate exceed by more than 30
91.22percent the total estimated cost of construction or implementation.
91.23 (c) As an alternative to the procurement method described in paragraph (a), the
91.24managers may issue a request for proposals and award the contract to the vendor or
91.25contractor offering the best value as described in section 16C.28, subdivision 1, paragraph
91.26(a), clause (2).
91.27 (d) The contract must be in writing and be accompanied by or refer to the plans and
91.28specifications for the work to be done as prepared by the engineer for the watershed
91.29district. The plans and specifications shall become a part of the contract.
91.30
91.31secretary, and contractor.
91.32 Sec. 10. Minnesota Statutes 2006, section 103E.505, subdivision 5, is amended to read:
91.33 Subd. 5. How contract may be awarded. The contract may be awarded in one
91.34job, in sections, or separately for labor and material and
92.1responsible bidder. Alternatively, the contract may be awarded to the vendor or contractor
92.2offering the best value under a request for proposals as described in section 16C.28,
92.3subdivision 1, paragraph (a), clause (2).
92.4 Sec. 11. Minnesota Statutes 2006, section 116A.13, subdivision 5, is amended to read:
92.5 Subd. 5. How job may be let. The job may be let in one job, or in sections, or
92.6separately for labor and material, and
92.7bidders therefor. Alternatively, the contract may be awarded to the vendor or contractor
92.8offering the best value under a request for proposals as described in section 16C.28,
92.9subdivision 1, paragraph (a), clause (2).
92.10 Sec. 12. Minnesota Statutes 2006, section 123B.52, subdivision 1, is amended to read:
92.11 Subdivision 1. Contracts. A contract for work or labor, or for the purchase of
92.12furniture, fixtures, or other property, except books registered under the copyright laws, or
92.13for the construction or repair of school houses, the estimated cost or value of which shall
92.14exceed that specified in section
92.15board without first advertising for bids or proposals by two weeks' published notice in the
92.16official newspaper. This notice must state the time and place of receiving bids and contain
92.17a brief description of the subject matter.
92.18 Additional publication in the official newspaper or elsewhere may be made as the
92.19board shall deem necessary.
92.20 After taking into consideration conformity with the specifications, terms of delivery,
92.21and other conditions imposed in the call for bids, every such contract for which a call for
92.22bids has been issued must be awarded to the lowest responsible bidder, be duly executed
92.23in writing, and be otherwise conditioned as required by law. The person to whom the
92.24contract is awarded shall give a sufficient bond to the board for its faithful performance.
92.25Notwithstanding section
92.26to the purchase of a finished tangible product, a board may require, at its discretion, a
92.27performance bond of a contractor in the amount the board considers necessary. A record
92.28must be kept of all bids, with names of bidders and amount of bids, and with the successful
92.29bid indicated thereon. A bid containing an alteration or erasure of any price contained in
92.30the bid which is used in determining the lowest responsible bid must be rejected unless the
92.31alteration or erasure is corrected as provided in this section. An alteration or erasure may
92.32be crossed out and the correction thereof printed in ink or typewritten adjacent thereto and
92.33initialed in ink by the person signing the bid. In the case of identical low bids from two or
92.34more bidders, the board may, at its discretion, utilize negotiated procurement methods
93.1with the tied low bidders for that particular transaction, so long as the price paid does not
93.2exceed the low tied bid price. In the case where only a single bid is received, the board
93.3may, at its discretion, negotiate a mutually agreeable contract with the bidder so long as
93.4the price paid does not exceed the original bid. If no satisfactory bid is received, the
93.5board may readvertise. Standard requirement price contracts established for supplies or
93.6services to be purchased by the district must be established by competitive bids. Such
93.7standard requirement price contracts may contain escalation clauses and may provide for a
93.8negotiated price increase or decrease based upon a demonstrable industrywide or regional
93.9increase or decrease in the vendor's costs. Either party to the contract may request that the
93.10other party demonstrate such increase or decrease. The term of such contracts must not
93.11exceed two years with an option on the part of the district to renew for an additional two
93.12years. Contracts for the purchase of perishable food items, except milk for school lunches
93.13and vocational training programs, in any amount may be made by direct negotiation
93.14by obtaining two or more written quotations for the purchase or sale, when possible,
93.15without advertising for bids or otherwise complying with the requirements of this section
93.16or section
93.17period of at least one year after receipt.
93.18 Every contract made without compliance with the provisions of this section shall be
93.19void. Except in the case of the destruction of buildings or injury thereto, where the public
93.20interest would suffer by delay, contracts for repairs may be made without advertising
93.21for bids.
93.22 Sec. 13. Minnesota Statutes 2006, section 123B.52, is amended by adding a
93.23subdivision to read:
93.24 Subd. 1b. Best value alternative. As an alternative to the procurement method
93.25described in subdivision 1, a contract for construction, building, alteration, improvement,
93.26or repair work may be awarded to the vendor or contractor offering the best value
93.27under a request for proposals as described in section 16C.28, subdivision 1, paragraph
93.28(a), clause (2).
93.29 Sec. 14. Minnesota Statutes 2006, section 160.17, is amended by adding a subdivision
93.30to read:
93.31 Subd. 2a. Best value alternative. As an alternative to the procurement method
93.32referenced in subdivision 2, counties or towns may issue a request for proposal and award
93.33the contract to the vendor or contractor offering the best value as described in section
93.3416C.28, subdivision 1, paragraph (a), clause (2).
94.1 Sec. 15. Minnesota Statutes 2006, section 160.262, is amended by adding a subdivision
94.2to read:
94.3 Subd. 5. Best value alternative. As an alternative to the procurement method
94.4described in subdivision 4, the commissioner may allow for the award of design-build
94.5contracts for the projects described in subdivision 4 to the vendor or contractor offering
94.6the best value under a request for proposals as described in section 16C.28, subdivision 1,
94.7paragraph (a), clause (2).
94.8 Sec. 16. Minnesota Statutes 2006, section 161.32, is amended by adding a subdivision
94.9to read:
94.10 Subd. 1f. Best value alternative. As an alternative to the procurement method
94.11described in subdivisions 1a to 1e, the commissioner may issue a request for proposals
94.12and award the contract to the vendor or contractor offering the best value as described in
94.13section 16C.28, subdivision 1, paragraph (a), clause (2).
94.14 Sec. 17. [161.3206] BEST VALUE CONTRACTING AUTHORITY.
94.15 Notwithstanding sections 16C.25, 161.32, and 161.321, or any other law to the
94.16contrary, the commissioner may solicit and award all contracts, other than design-build
94.17contracts governed by section 161.3412, for a project on the basis of a best value selection
94.18process as defined in section 16C.02, subdivision 4a. Section 16C.08 does not apply
94.19to this section.
94.20 Sec. 18. Minnesota Statutes 2006, section 161.3412, subdivision 1, is amended to read:
94.21 Subdivision 1. Best value selection for design-build contracts. Notwithstanding
94.22sections
94.23may solicit and award a design-build contract for a project on the basis of a best value
94.24selection process. Section
94.25commissioner is a party.
94.26 Sec. 19. Minnesota Statutes 2006, section 161.38, subdivision 4, is amended to read:
94.27 Subd. 4. Effects on other law of public contract with commissioner. Whenever
94.28the road authority of any city enters into an agreement with the commissioner pursuant
94.29to this section, and a portion of the cost is to be assessed against benefited property,
94.30the letting of a public contract by the commissioner for the work shall be deemed to
94.31comply with statutory or charter provisions requiring the city (1) to advertise for bids
94.32before awarding a contract for a public improvement, (2) to let the contract to the lowest
95.1responsible bidder or to the vendor or contractor offering the best value, and (3) to require
95.2a performance bond to be filed by the contractor before undertaking the work. The
95.3contract so let by the commissioner and the performance bond required of the contractor
95.4by the commissioner shall be considered to be the contract and bond of the city for the
95.5purposes of complying with the requirements of any applicable law or charter provision,
95.6and the bond shall inure to the benefit of the city and operate for their protection to the
95.7same extent as though they were parties thereto.
95.8 Sec. 20. Minnesota Statutes 2006, section 365.37, is amended by adding a subdivision
95.9to read:
95.10 Subd. 2a. Best value alternative. As an alternative to the procurement method
95.11described in subdivision 2, a contract for construction, building, alteration, improvement,
95.12or repair work may be awarded to the vendor or contractor offering the best value
95.13under a request for proposals as described in section 16C.28, subdivision 1, paragraph
95.14(a), clause (2).
95.15 Sec. 21. Minnesota Statutes 2006, section 374.13, is amended to read:
95.16374.13 TO ADVERTISE FOR BIDS.
95.17 Subdivision 1. Bidding process. When the plans and specifications are completed
95.18and approved by the city council and the county board, the commission shall, after notice
95.19appropriate to inform possible bidders, obtain bids or proposals for all or any portion of
95.20the work or materials, or both, to be done, performed, or furnished in the construction of
95.21the building. All bids or proposals shall be sealed by the bidders or proposers and filed
95.22with the commission at or before the time specified for the opening of bids or proposals.
95.23At the time and place specified for the opening of bids or proposals, the commission shall
95.24meet, open the bids or proposals, tabulate them, and award the contract or contracts to the
95.25responsible bidder whose bid or proposal is the most favorable to the city or county, or
95.26reject all bids and proposals. If all bids or proposals are rejected, the commission may,
95.27after similar notice, obtain more bids or proposals or may modify or change the plans and
95.28specifications and submit the modified plans and specifications to the city council and the
95.29county board for approval. When the modified or changed plans and specifications are
95.30satisfactory to both the city council and the county board, the plans and specifications
95.31shall be returned to the commission and the commission shall proceed again, after similar
95.32notice, to obtain bids or proposals. Any contract awarded by the commission shall be
95.33subject to approval by the city council and the county board.
96.1 Subd. 2. Best value alternative. As an alternative to the procurement method
96.2described in subdivision 1, the commission may issue a request for proposals and award
96.3the contract to the vendor or contractor offering the best value as described in section
96.416C.28, subdivision 1, paragraph (a), clause (2).
96.5 Sec. 22. Minnesota Statutes 2006, section 375.21, is amended by adding a subdivision
96.6to read:
96.7 Subd. 1b. Best value alternative. As an alternative to the procurement method
96.8described in subdivision 1, a county board may award a contract for construction,
96.9building, alteration, improvement, or repair work to the vendor or contractor offering the
96.10best value under a request for proposals as described in section 16C.28, subdivision 1,
96.11paragraph (a), clause (2).
96.12 Sec. 23. Minnesota Statutes 2006, section 383C.094, is amended by adding a
96.13subdivision to read:
96.14 Subd. 1a. Contracts in excess of $500; best value alternative. As an alternative to
96.15the procurement method described in subdivision 1, the contract may be awarded to the
96.16vendor or contractor offering the best value under a request for proposals as described in
96.17section 16C.28, subdivision 1, paragraph (a), clause (2).
96.18 Sec. 24. Minnesota Statutes 2006, section 412.311, is amended to read:
96.19412.311 CONTRACTS.
96.20 Subdivision 1. Lowest responsible bidder. Except as provided in sections
96.21to
96.22made by the council. Whenever the amount of a contract for the purchase of merchandise,
96.23materials or equipment or for any kind of construction work undertaken by the city is
96.24estimated to exceed the amount specified by section
96.25shall be let to the lowest responsible bidder, after notice has been published once in the
96.26official newspaper at least ten days in advance of the last day for the submission of bids. If
96.27the amount of the contract exceeds $1,000, it shall be entered into only after compliance
96.28with section
96.29 Subd. 2. Best value alternative. As an alternative to the procurement method
96.30described in subdivision 1, a contract for construction, building, alteration, improvement,
96.31or repair work may be awarded to the vendor or contractor offering the best value
96.32under a request for proposals as described in section 16C.28, subdivision 1, paragraph
96.33(a), clause (2).
97.1 Sec. 25. Minnesota Statutes 2006, section 429.041, is amended by adding a subdivision
97.2to read:
97.3 Subd. 2a. Best value alternative. As an alternative to the procurement method
97.4described in subdivision 2, the council may issue a request for proposals and award the
97.5contract to the vendor or contractor offering the best value as described in section 16C.28,
97.6subdivision 1, paragraph (a), clause (2).
97.7 Sec. 26. Minnesota Statutes 2006, section 458D.21, is amended by adding a
97.8subdivision to read:
97.9 Subd. 2a. Contracts in excess of $5,000; best value alternative. As an alternative
97.10to the procurement method described in subdivision 2, the board may issue a request for
97.11proposals and award the contract to the vendor or contractor offering the best value as
97.12described in section 16C.28, subdivision 1, paragraph (a), clause (2).
97.13 Sec. 27. Minnesota Statutes 2006, section 469.015, is amended by adding a subdivision
97.14to read:
97.15 Subd. 1a. Best value alternative. As an alternative to the procurement method
97.16described in subdivision 1, the authority may issue a request for proposals and award the
97.17contract to the vendor or contractor offering the best value under a request for proposals as
97.18described in section 16C.28, subdivision 1, paragraph (a), clause (2).
97.19 Sec. 28. Minnesota Statutes 2006, section 469.068, subdivision 1, is amended to read:
97.20 Subdivision 1. Contracts; bids; bonds. All construction work and every purchase
97.21of equipment, supplies, or materials necessary in carrying out the purposes of sections
97.23contract as provided in this subdivision or in subdivision 1a. Before receiving bids under
97.24sections
97.25weeks in the official newspaper of the port's city, a notice that bids will be received for the
97.26construction work, or purchase of equipment, supplies, or materials. The notice shall state
97.27the nature of the work, and the terms and conditions upon which the contract is to be let
97.28and name a time and place where the bids will be received, opened, and read publicly,
97.29which time shall be not less than seven days after the date of the last publication. After
97.30the bids have been received, opened, read publicly, and recorded, the commissioners
97.31shall award the contract to the lowest responsible bidder, reserving the right to reject
97.32any or all bids. The contract shall be executed in writing and the person to whom the
97.33contract is awarded shall give sufficient bond to the board for its faithful performance. If
98.1no satisfactory bid is received, the port authority may readvertise, or, by an affirmative
98.2vote of two of its commissioners in the case of a three-member commission, or five of
98.3its members in the case of a seven-member commission, may authorize the authority
98.4to perform any part or parts of any construction work by day labor under conditions it
98.5prescribes. The commissioners may establish reasonable qualifications to determine
98.6the fitness and responsibility of bidders, and require bidders to meet the qualifications
98.7before bids are accepted. If the commissioners by a two-thirds or five-sevenths vote
98.8declare that an emergency exists requiring the immediate purchase of any equipment or
98.9material or supplies at a cost in excess of $1,000, but not exceeding $5,000, in amount,
98.10or making of emergency repairs, it shall not be necessary to advertise for bids, but the
98.11material, equipment, or supplies may be purchased in the open market at the lowest price
98.12obtainable, or the emergency repairs may be contracted for or performed without securing
98.13formal competitive bids. An emergency, for purposes of this section, is unforeseen
98.14circumstances or conditions which result in the jeopardizing of human life or property.
98.15 In all contracts involving the employment of labor, the commissioners shall stipulate
98.16conditions they deem reasonable, as to the hours of labor and wages and may stipulate as
98.17to the residence of employees to be employed by the contractors.
98.18 Bonds shall be required from contractors for any works of construction as provided
98.19in and subject to all the provisions of sections
98.20 Sec. 29. Minnesota Statutes 2006, section 469.068, is amended by adding a subdivision
98.21to read:
98.22 Subd. 1a. Contracts; best value alternative. As an alternative to the procurement
98.23method described in subdivision 1, a contract may be awarded to the vendor or contractor
98.24offering the best value under a request for proposals as described in section 16C.28,
98.25subdivision 1, paragraph (a), clause (2).
98.26 Sec. 30. Minnesota Statutes 2006, section 471.345, is amended by adding a subdivision
98.27to read:
98.28 Subd. 3a. Contracts over $50,000; best value alternative. As an alternative to the
98.29procurement method described in subdivision 3, municipalities may award a contract for
98.30construction, alteration, repair, or maintenance work to the vendor or contractor offering
98.31the best value under a request for proposals as described in section 16C.28, subdivision 1,
98.32paragraph (a), clause (2).
99.1 Sec. 31. Minnesota Statutes 2006, section 471.345, is amended by adding a subdivision
99.2to read:
99.3 Subd. 4a. Contracts from $10,000 to $50,000; best value alternative. As an
99.4alternative to the procurement method described in subdivision 4, municipalities may
99.5award a contract for construction, alteration, repair, or maintenance work to the vendor or
99.6contractor offering the best value under a request for proposals as described in section
99.716C.28, subdivision 1, paragraph (a), clause (2).
99.8 Sec. 32. Minnesota Statutes 2006, section 471.345, subdivision 5, is amended to read:
99.9 Subd. 5. Contracts less than $10,000. If the amount of the contract is estimated
99.10to be $10,000 or less, the contract may be made either upon quotation or in the open
99.11market, in the discretion of the governing body. If the contract is made upon quotation
99.12it shall be based, so far as practicable, on at least two quotations which shall be kept on
99.13file for a period of at least one year after their receipt. Alternatively, municipalities may
99.14award a contract for construction, alteration, repair, or maintenance work to the vendor or
99.15contractor offering the best value under a request for proposals as described in section
99.1616C.28, subdivision 1, paragraph (a), clause (2).
99.17 Sec. 33. Minnesota Statutes 2006, section 473.523, is amended by adding a subdivision
99.18to read:
99.19 Subd. 1a. Contracts over $50,000; best value alternative. As an alternative to
99.20the procurement method described in subdivision 1, the council may issue a request for
99.21proposals and award the contract to the vendor or contractor offering the best value
99.22under a request for proposals as described in section 16C.28, subdivision 1, paragraph
99.23(a), clause (2).
99.24 Sec. 34. Minnesota Statutes 2006, section 473.756, subdivision 12, is amended to read:
99.25 Subd. 12. Contracts. The authority may enter into a development agreement with
99.26the team, the county, or any other entity relating to the construction, financing, and use of
99.27the ballpark and related facilities and public infrastructure. The authority may contract
99.28for materials, supplies, and equipment in accordance with sections
99.29except that the authority, with the consent of the county, may employ or contract with
99.30persons, firms, or corporations to perform one or more or all of the functions of architect,
99.31engineer, or construction manager with respect to all or any part of the ballpark and
99.32public infrastructure. Alternatively, at the request of the team and with the consent of the
99.33county, the authority shall authorize the team to provide for the design and construction
100.1of the ballpark and related public infrastructure, subject to terms of Laws 2006, chapter
100.2257. The construction manager may enter into contracts with contractors for labor,
100.3materials, supplies, and equipment for the construction of the ballpark and related public
100.4infrastructure through the process of public bidding, except that the construction manager
100.5may, with the consent of the authority or the team:
100.6 (1) narrow the listing of eligible bidders to those which the construction manager
100.7determines to possess sufficient expertise to perform the intended functions;
100.8 (2) award contracts to the contractors that the construction manager determines
100.9provide the best value under a request for proposals as described in section 16C.28,
100.10subdivision 1, paragraph (a), clause (2), which are not required to be the lowest responsible
100.11bidder; and
100.12 (3) for work the construction manager determines to be critical to the completion
100.13schedule, award contracts on the basis of competitive proposals or perform work with
100.14its own forces without soliciting competitive bids if the construction manager provides
100.15evidence of competitive pricing.
100.16The authority shall require that the construction manager certify, before the contract is
100.17signed, a fixed and stipulated construction price and completion date to the authority
100.18and post a performance bond in an amount at least equal to 100 percent of the certified
100.19price, to cover any costs which may be incurred in excess of the certified price, including
100.20but not limited to costs incurred by the authority or loss of revenues resulting from
100.21incomplete construction on the completion date. The authority may secure surety bonds
100.22as provided in section
100.23public work undertaken by it. Persons entitled to the protection of the bonds may enforce
100.24them as provided in sections
100.25property of the authority under the provisions of sections
100.26construction and operation of the ballpark must include programs, including Youthbuild,
100.27to provide for participation by small local businesses and businesses owned by people of
100.28color, and the inclusion of women and people of color in the workforces of contractors
100.29and ballpark operators. The construction of the ballpark is a "project" as that term is
100.30defined in section
100.31sections
100.34 Section 1. Minnesota Statutes 2006, section 200.02, subdivision 7, is amended to read:
101.1 Subd. 7. Major political party. (a) "Major political party" means a political party
101.2that maintains a party organization in the state, political division, or precinct in question
101.3and that has presented at least one candidate for election to the office of:
101.4 (1) governor and lieutenant governor, secretary of state, state auditor, or attorney
101.5general at the last preceding state general election for those offices; or
101.6 (2) presidential elector or U.S. senator at the last preceding state general election for
101.7presidential electors; and
101.8 whose candidate received votes in each county in that election and received votes
101.9from not less than five percent of the total number of individuals who voted in that election.
101.10 (b) "Major political party" also means a political party that maintains a party
101.11organization in the state, political subdivision, or precinct in question and that has
101.12presented at least 45 candidates for election to the office of state representative, 23
101.13candidates for election to the office of state senator, four candidates for election to
101.14the office of representative in Congress, and one candidate for election to each of the
101.15following offices: governor and lieutenant governor, attorney general, secretary of state,
101.16and state auditor, at the last preceding state general election for those offices.
101.17 (c) "Major political party" also means a political party that maintains a party
101.18organization in the state, political subdivision, or precinct in question and whose members
101.19present to the secretary of state
101.20
101.21on the state partisan primary ballot, which petition contains signatures of a number of
101.22the party members equal to at least five percent of the total number of individuals who
101.23voted in the preceding state general election. The petition may be circulated at any time
101.24after January 1 and more than six weeks before the start of the filing period in the year
101.25the petition is submitted.
101.26 (d) A political party whose candidate receives a sufficient number of votes at a state
101.27general election described in paragraph (a) or a political party that presents candidates at
101.28an election as required by paragraph (b) becomes a major political party as of January
101.291 following that election and retains its major party status for at least two state general
101.30elections even if the party fails to present a candidate who receives the number and
101.31percentage of votes required under paragraph (a) or fails to present candidates as required
101.32by paragraph (b) at subsequent state general elections.
101.33 (e) A major political party whose candidates fail to receive the number and
101.34percentage of votes required under paragraph (a) and that fails to present candidates as
101.35required by paragraph (b) at each of two consecutive state general elections described by
102.1paragraph (a) or (b), respectively, loses major party status as of December 31 following
102.2the later of the two consecutive state general elections.
102.3 Sec. 2. Minnesota Statutes 2006, section 200.02, subdivision 23, is amended to read:
102.4 Subd. 23. Minor political party. (a) "Minor political party" means a political party
102.5that has adopted a state constitution, designated a state party chair, held a state convention
102.6in the last two years, filed with the secretary of state no later than December 31 following
102.7the most recent state general election a certification that the party has met the foregoing
102.8requirements, and met the requirements of paragraph (b) or (e), as applicable.
102.9 (b) To be considered a minor party in all elections statewide, the political party must
102.10have presented at least one candidate for election to the office of:
102.11 (1) governor and lieutenant governor, secretary of state, state auditor, or attorney
102.12general, at the last preceding state general election for those offices; or
102.13 (2) presidential elector or U.S. senator at the preceding state general election for
102.14presidential electors; and
102.15 who received votes in each county that in the aggregate equal at least one percent
102.16of the total number of individuals who voted in the election, or its members must have
102.17presented to the secretary of state
102.18
102.19petition in a form prescribed by the secretary of state containing the signatures of party
102.20members in a number equal to at least one percent of the total number of individuals who
102.21voted in the preceding state general election. The petition may be circulated at any time
102.22after January 1 and more than six weeks before the start of the filing period in the year
102.23the petition is submitted.
102.24 (c) A political party whose candidate receives a sufficient number of votes at a
102.25state general election described in paragraph (b) becomes a minor political party as of
102.26January 1 following that election and retains its minor party status for at least two state
102.27general elections even if the party fails to present a candidate who receives the number
102.28and percentage of votes required under paragraph (b) at subsequent state general elections.
102.29 (d) A minor political party whose candidates fail to receive the number and
102.30percentage of votes required under paragraph (b) at each of two consecutive state general
102.31elections described by paragraph (b) loses minor party status as of December 31 following
102.32the later of the two consecutive state general elections.
102.33 (e) A minor party that qualifies to be a major party loses its status as a minor party
102.34at the time it becomes a major party. Votes received by the candidates of a major party
102.35must be counted in determining whether the party received sufficient votes to qualify as
103.1a minor party, notwithstanding that the party does not receive sufficient votes to retain
103.2its major party status. To be considered a minor party in an election in a legislative
103.3district, the political party must have presented at least one candidate for a legislative
103.4office in that district who received votes from at least ten percent of the total number of
103.5individuals who voted for that office, or its members must have presented to the secretary
103.6of state a nominating petition in a form prescribed by the secretary of state containing the
103.7signatures of party members in a number equal to at least ten percent of the total number
103.8of individuals who voted in the preceding state general election for that legislative office.
103.9 Sec. 3. Minnesota Statutes 2006, section 201.016, subdivision 1a, is amended to read:
103.10 Subd. 1a. Violations; penalty. (a) The county auditor shall mail a violation notice
103.11to any voter who the county auditor can determine has voted
103.12
103.13election day. The notice must be in the form provided by the secretary of state. The
103.14county auditor shall also change the status of the voter in the statewide registration system
103.15to "challenged" and the voter shall be required to provide proof of residence to either the
103.16county auditor or to the election judges in the voter's precinct before voting in the next
103.17election. Any of the forms authorized by section
103.18place may be used for this purpose.
103.19 (b) A voter who votes in a precinct other than the precinct in which the voter
103.20maintains residence after receiving an initial violation notice as provided in this
103.21subdivision is guilty of a petty misdemeanor.
103.22 (c) A voter who votes in a precinct other than the precinct in which the voter
103.23maintains residence after having been found to have committed a petty misdemeanor
103.24under paragraph (b) is guilty of a misdemeanor.
103.25 (d) Reliance by the voter on inaccurate information regarding the location of the
103.26voter's polling place provided by the state, county, or municipality is an affirmative
103.27defense to a prosecution under this subdivision.
103.28 Sec. 4. Minnesota Statutes 2006, section 201.056, is amended to read:
103.29201.056 SIGNATURE OF REGISTERED VOTER; MARKS ALLOWED.
103.30 An individual who is unable to write the individual's name shall be required to sign a
103.31registration
103.32section 645.44, subdivision 14. If the individual registers in person and signs by making
103.33a mark, the clerk or election judge accepting the registration shall certify the mark by
103.34signing the individual's name. If the individual registers by mail and signs by making a
104.1mark, the mark shall be certified by having a voter registered in the individual's precinct
104.2sign the individual's name and the voter's own name and give the voter's own address.
104.3 Sec. 5. Minnesota Statutes 2006, section 201.061, subdivision 1, is amended to read:
104.4 Subdivision 1. Prior to election day. At any time except during the 20 days
104.5immediately preceding any regularly scheduled election, an eligible voter or any
104.6individual who will be an eligible voter at the time of the next election may register to
104.7vote in the precinct in which the voter maintains residence by completing a paper voter
104.8registration application as described in section
104.9it in person or by mail to the county auditor of that county or to the Secretary of State's
104.10Office. If the Web site maintained by the secretary of state provides, an individual who has
104.11a Minnesota driver's license, identification card, or learner's permit may register online.
104.12A registration that is received no later than 5:00 p.m. on the 21st day preceding any
104.13election shall be accepted. An improperly addressed or delivered registration application
104.14shall be forwarded within two working days after receipt to the county auditor of the
104.15county where the voter maintains residence. A state or local agency or an individual that
104.16accepts completed voter registration applications from a voter must submit the completed
104.17applications to the secretary of state or the appropriate county auditor within ten business
104.18days after the applications are dated by the voter.
104.19 For purposes of this section, mail registration is defined as a voter registration
104.20application delivered to the secretary of state, county auditor, or municipal clerk by the
104.21United States Postal Service or a commercial carrier.
104.22 Sec. 6. Minnesota Statutes 2006, section 201.061, is amended by adding a subdivision
104.23to read:
104.24 Subd. 1b. Prohibited methods of compensation; penalty. (a) No individual
104.25may be compensated for the solicitation, collection, or acceptance of voter registration
104.26applications from voters for submission to the secretary of state, a county auditor, or other
104.27local election official in a manner in which payment is calculated by multiplying (1)
104.28either a set or variable payment rate, by (2) the number of voter registration applications
104.29solicited, collected, or accepted.
104.30 (b) No individual may be deprived of compensation or have compensation
104.31automatically reduced exclusively for failure to solicit, collect, or accept a minimum
104.32number of voter registration applications and no individual may receive additional
104.33compensation for reaching or exceeding a minimum number of voter registration
104.34applications.
105.1 (c) A person who violates this subdivision is guilty of a petty misdemeanor.
105.2 Sec. 7. Minnesota Statutes 2006, section 201.061, subdivision 3, is amended to read:
105.3 Subd. 3. Election day registration. (a) The definitions in this paragraph apply
105.4to this subdivision:
105.5 (1) "current utility bill" means a utility bill dated within 30 days before the election
105.6day or due within 30 days before or after the election;
105.7 (2) "photo identification" means identification that displays the name and photo
105.8of an individual and that was issued by:
105.9 (i) another state for use as a driver's license or identification card;
105.10 (ii) a Minnesota college, university, or other postsecondary educational institution or
105.11high school as a student identification card; or
105.12 (iii) a tribal government of a tribe recognized by the Bureau of Indian Affairs, United
105.13States Department of the Interior;
105.14 (3) "residential facility" means transitional housing as defined in section
105.15subdivision 1
105.16section
105.175
105.18establishment as defined in section
105.19the board of directors of the Minnesota Veterans Homes under chapter 198; a residence
105.20licensed by the commissioner of human services to provide a residential program as
105.21defined in section
105.22developmental disability licensed by the commissioner of human services under section
105.23
105.24for battered women as defined in section
105.25publicly or privately operated shelter or dwelling designed to provide temporary living
105.26accommodations for the homeless; and
105.27 (4) "utility bill" means a written or electronic bill for gas, electricity, telephone,
105.28wireless telephone, cable television, satellite television, solid waste, water, sewer services,
105.29or an itemized rent statement.
105.30 (b) An individual who is eligible to vote may register on election day by appearing
105.31in person at the polling place for the precinct in which the individual maintains residence,
105.32by completing a registration application, making an oath in the form prescribed by the
105.33secretary of state and providing proof of residence. An individual may prove residence for
105.34purposes of registering by:
106.1 (1) presenting a driver's license or Minnesota identification card issued pursuant
106.2to section
106.3 (2) presenting:
106.4 (i) a photo identification; and
106.5 (ii) a current utility bill or lease, showing the individual's name and valid residential
106.6address in the precinct;
106.7 (3) presenting an identification card issued by the tribal government of a tribe
106.8recognized by the Bureau of Indian Affairs, United States Department of the Interior, that
106.9contains the name, address, signature, and picture of the individual;
106.10
106.11identification;
106.12
106.13 (i) a current valid student identification card from a postsecondary educational
106.14institution in Minnesota, if a list of students from that institution has been prepared under
106.15section
106.16the secretary of state; or
106.17 (ii) a current student fee statement that contains the student's valid address in the
106.18precinct together with a
106.19
106.20employee employed by and working in a residential facility in the precinct and vouching
106.21for a resident in the facility, sign an oath in the presence of the election judge vouching that
106.22the voter or employee personally knows that the individual is a resident of the precinct. A
106.23voter who has been vouched for on election day may not sign a proof of residence oath
106.24vouching for any other individual on that election day. A voter who is registered to vote
106.25in the precinct may sign up to 15 proof-of-residence oaths on any election day. This
106.26limitation does not apply to an employee of a residential facility described in this clause.
106.27 (ii) The secretary of state shall provide a form for election judges to use in recording
106.28the number of individuals for whom a voter signs proof-of-residence oaths on election
106.29day. The form must include space for the maximum number of individuals for whom a
106.30voter may sign proof-of-residence oaths. For each proof-of-residence oath, the form
106.31must include a statement that the voter is registered to vote in the precinct, personally
106.32knows that the individual is a resident of the precinct, and is making the statement on
106.33oath. The form must include a space for the voter's printed name, signature, telephone
106.34number, and address.
106.35 The oath required by this subdivision and Minnesota Rules, part
106.36be attached to the voter registration application
107.1
107.2
107.3
107.4
107.5
107.6
107.7
107.8
107.9
107.10
107.11
107.12
107.13
107.14
107.15
107.16
107.17
107.18
107.19
107.20
107.21
107.22
107.23
107.24
107.25
107.26
107.27
107.28
107.29
107.30
107.31 (c) An employee of a residential facility must prove employment with that
107.32facility by presenting a current identification card issued by the facility or other official
107.33documentation verifying the employee's current status with the facility on election day to
107.34be eligible to vouch for individuals residing in that facility.
107.35
107.36responsible for election day registration initial each completed registration application.
108.1EFFECTIVE DATE.This section is effective September 1, 2007.
108.2 Sec. 8. Minnesota Statutes 2006, section 201.071, subdivision 1, is amended to read:
108.3 Subdivision 1. Form. A voter registration application must
108.4
108.5name, middle name, and last name; voter's previous name, if any; voter's current address;
108.6voter's previous address, if any; voter's date of birth; voter's municipality and county of
108.7residence; voter's telephone number, if provided by the voter; date of registration; current
108.8and valid Minnesota driver's license number or Minnesota state identification number,
108.9or if the voter has no current and valid Minnesota driver's license or Minnesota state
108.10identification, and the last four digits of the voter's Social Security number
108.11
108.12by the voter, and the voter's interest in serving as an election judge, if indicated by the
108.13voter. The application must also contain the following certification of voter eligibility:
108.14 "I certify that I:
108.15 (1) will be at least 18 years old on election day;
108.16 (2) am a citizen of the United States;
108.17 (3) will have resided in Minnesota for 20 days immediately preceding election day;
108.18 (4) maintain residence at the address given on the registration form;
108.19 (5) am not under court-ordered guardianship in which the court order revokes my
108.20right to vote;
108.21 (6) have not been found by a court to be legally incompetent to vote;
108.22 (7) have the right to vote because, if I have been convicted of a felony, my felony
108.23sentence has expired (been completed) or I have been discharged from my sentence; and
108.24 (8) have read and understand the following statement: that giving false information
108.25is a felony punishable by not more than five years imprisonment or a fine of not more
108.26than $10,000, or both."
108.27 The certification must include boxes for the voter to respond to the following
108.28questions:
108.29 "(1) Are you a citizen of the United States?" and
108.30 "(2) Will you be 18 years old on or before election day?"
108.31 And the instruction:
108.32 "If you checked 'no' to either of these questions, do not complete this form."
108.33 The form of the voter registration application and the certification of voter eligibility
108.34must be as provided in this subdivision and approved by the secretary of state. Voter
108.35registration forms authorized by the National Voter Registration Act must also be accepted
109.1as valid. The federal postcard application form must also be accepted as valid if it is not
109.2deficient and the voter is eligible to register in Minnesota.
109.3 An individual may use a voter registration application to apply to register to vote in
109.4Minnesota or to change information on an existing registration.
109.5 A paper voter registration application must include space for the voter's signature
109.6and be of suitable size and weight for mailing.
109.7 Sec. 9. Minnesota Statutes 2006, section 201.091, is amended by adding a subdivision
109.8to read:
109.9 Subd. 5a. Registration verification to registered voter. The secretary of state may
109.10provide for voter registration verification to a registered voter on the secretary of state's
109.11Web site. An individual using the verification service must provide the individual's name,
109.12address, and date of birth when requesting registration verification. If the verification
109.13information provided completely matches an active registration record in the statewide
109.14registration system, the individual must be informed that the individual is a registered
109.15voter and provided with the individual's polling place location. If the verification
109.16information provided does not completely match an active registration record in the
109.17statewide registration system, the individual must be informed that a registration record
109.18at the name and address provided cannot be retrieved and advised to contact the county
109.19auditor or secretary of state for further information.
109.20 Sec. 10. Minnesota Statutes 2006, section 201.091, subdivision 9, is amended to read:
109.21 Subd. 9. Restricted data. A list provided for public inspection or purchase, for
109.22jury selection, or in response to a law enforcement inquiry, must not include a voter's
109.23date of birth or any part of a voter's Social Security number, driver's license number,
109.24identification card number, military identification card number, or passport number.
109.25 Sec. 11. Minnesota Statutes 2006, section 201.12, is amended to read:
109.26201.12 PROPER REGISTRATION; VERIFICATION BY MAIL;
109.27CHALLENGES.
109.28 Subdivision 1. Notice of registration. To prevent fraudulent voting and to eliminate
109.29excess names, the county auditor may mail to any registered voter a notice stating the
109.30voter's name and address as they appear in the registration files. The notice shall request
109.31the voter to notify the county auditor if there is any mistake in the information.
109.32 Subd. 2.
109.33but with a permanent forwarding address in this state, the county auditor shall notify the
110.1auditor of the county where the voter resides. Upon receipt of the notice, the county
110.2auditor shall update the voter's address in the statewide voter registration system and mail
110.3to the voter the notice of registration required by section
110.4notice must advise the voter that the voter's voting address has been changed and that the
110.5voter must notify the county auditor within 21 days if the new address is not what the
110.6voter intended to be their permanent address.
110.7 Subd. 3. Moved out of state. If the notice is returned as undeliverable but with a
110.8permanent forwarding address outside this state, the county auditor shall promptly mail
110.9to the voter at the forwarding address a notice advising the voter that the voter's voter
110.10registration in this state will be deleted unless the voter notifies the county auditor within
110.1121 days that the voter intends to retain the former address as the voter's permanent address.
110.12If the notice is not received by the deadline, the county auditor shall delete the registration.
110.13 Subd. 4. Challenges.
110.14
110.15
110.16
110.17forwarding address, the county auditor shall change the registrant's status to "challenged"
110.18in the statewide registration system. An individual challenged in accordance with this
110.19subdivision shall comply with the provisions of section
110.20vote. If a notice mailed at least 60 days after the return of the first nonforwardable mailing
110.21is also returned by the postal service, the county auditor shall change the registrant's status
110.22to "inactive" in the statewide registration system.
110.23EFFECTIVE DATE.This section is effective August 1, 2007.
110.24 Sec. 12. Minnesota Statutes 2006, section 201.13, subdivision 3, is amended to read:
110.25 Subd. 3. Use of change of address system.
110.26
110.27
110.28
110.29
110.30 (a) At least once each month the secretary of state shall obtain a list of individuals in
110.31this state who have filed with the United States Postal Service a change of their permanent
110.32address. If an individual is registered as a voter in the statewide voter registration system
110.33and the change is to another address in this state, the secretary of state shall transmit
110.34the registration by electronic means to the county auditor of the county where the voter
110.35resides. Upon receipt of the registration, the county auditor shall update the voter's
111.1address in the statewide voter registration system and mail to the voter the notice of
111.2registration required by section
111.3that the voter's permanent address has been changed and that the voter must notify the
111.4county auditor within 21 days if the new address is not what the voter intended to be the
111.5voter's permanent address.
111.6 (b) If the change of permanent address is to a forwarding address outside this state,
111.7the secretary of state shall notify by electronic means the auditor of the county where the
111.8voter formerly resided that the voter has left the state. The county auditor shall promptly
111.9mail to the voter at the forwarding address a notice advising the voter that the voter's voter
111.10registration in this state will be deleted unless the voter notifies the county auditor within
111.1121 days that the voter intends to retain the former address as the voter's permanent address.
111.12If the notice is not received by the deadline, the county auditor shall delete the registration.
111.13EFFECTIVE DATE.This section is effective April 1, 2008.
111.14 Sec. 13. Minnesota Statutes 2006, section 201.161, is amended to read:
111.15201.161 AUTOMATIC REGISTRATION OF DRIVER'S LICENSE,
111.16INSTRUCTION PERMIT, AND IDENTIFICATION CARD
111.17APPLICANTS.
111.18 Subdivision 1. Automatic registration. An individual who properly completes
111.19an application for a new or renewed Minnesota driver's license, instruction permit, or
111.20identification card, and who is eligible to vote under section
111.21vote as provided in this section, unless the applicant declines to be registered.
111.22 Subd. 2. Applications. The
111.23consultation with the secretary of state, shall change
111.24duplicate, or change of address driver's license, instruction permit, or identification card so
111.25that the forms may also serve as voter registration applications. The forms must contain
111.26spaces for all information collected by voter registration applications prescribed by the
111.27secretary of state and a box for the applicant to decline to be registered to vote.
111.28
111.29
111.30commissioner shall transmit the information
111.31electronic means to the secretary of state. Pursuant to the Help America Vote Act of 2002,
111.32Public Law 107-252, the computerized driver's license record containing the voter's name,
111.33address, date of birth, citizenship, driver's license number or state identification number,
112.1county,
112.2secretary of state and interaction with the statewide voter registration system.
112.3 Subd. 3. Registration. (a) The secretary of state shall determine whether the
112.4applicant is currently registered in the statewide voter registration system. For each
112.5currently registered voter whose registration is not changed, the secretary of state shall
112.6update the voter's registration date in the statewide voter registration system. For each
112.7currently registered voter whose registration is changed, the secretary of state shall
112.8transmit the registration daily by electronic means to the county auditor of the county
112.9where the voter resides.
112.10 (b) If the applicant is not currently registered in the statewide voter registration
112.11system, the secretary of state shall determine whether the applicant is 18 years of age or
112.12older and a citizen of the United States and compare the voter registration information
112.13received from the commissioner of public safety with the information on wards,
112.14incompetents, and felons received from the state court administrator under sections 201.15
112.15and 201.155, to determine whether the applicant is eligible to vote. If an applicant is
112.16less than 18 years of age, the secretary of state shall wait until the applicant has turned
112.1718 years of age to determine whether the applicant is eligible to vote. For each applicant
112.18the secretary of state determines is an eligible voter, the secretary of state shall transmit
112.19the registration daily by electronic means to the county auditor of the county where the
112.20voter resides.
112.21 Subd. 4. Notice. Upon receipt of the registration, the county auditor shall mail to
112.22the voter the notice of registration required by section
112.23 Subd. 5. Effective date. An application for registration that is dated during the 20
112.24days before an election in any jurisdiction within which the voter resides is not effective
112.25until the day after the election.
112.26 Sec. 14. Minnesota Statutes 2006, section 201.171, is amended to read:
112.27201.171 POSTING VOTING HISTORY; FAILURE TO VOTE;
112.28REGISTRATION REMOVED.
112.29 Within six weeks after every election, the county auditor shall post the voting
112.30history for every person who voted in the election. After the close of the calendar year, the
112.31secretary of state shall determine if any registrants have not voted during the preceding
112.32
112.33of those registrants to "inactive" in the statewide registration system. The list maintenance
112.34performed must be conducted in a manner that ensures that the name of each registered
112.35voter appears in the official list of eligible voters in the statewide registration system.
113.1A voter must not be removed from the official list of eligible voters unless the voter is
113.2not eligible or is not registered to vote. List maintenance must include procedures for
113.3eliminating duplicate names from the official list of eligible voters.
113.4 The secretary of state shall also prepare a report to the county auditor containing the
113.5names of all registrants whose status was changed to "inactive."
113.6 Registrants whose status was changed to "inactive" must register in the manner
113.7specified in section
113.8district, or special election, as required by section
113.9 Although not counted in an election, a late or rejected absentee or mail ballot must
113.10be considered a vote for the purpose of continuing registration.
113.11 Sec. 15. Minnesota Statutes 2006, section 203B.02, subdivision 1, is amended to read:
113.12 Subdivision 1.
113.13Any eligible voter
113.14
113.15
113.16
113.17
113.18
113.19
113.20
113.21
113.22
113.23
113.24EFFECTIVE DATE.This section is effective April 1, 2008.
113.25 Sec. 16. Minnesota Statutes 2006, section 203B.04, subdivision 1, is amended to read:
113.26 Subdivision 1. Application procedures. Except as otherwise allowed by
113.27subdivision 2, an application for absentee ballots for any election may be submitted at
113.28any time not less than one day before the day of that election. The county auditor shall
113.29prepare absentee ballot application forms in the format provided by the secretary of state,
113.30notwithstanding rules on absentee ballot forms, and shall furnish them to any person on
113.31request. By January 1 of each even-numbered year, the secretary of state shall make the
113.32forms to be used available to auditors through electronic means. An application submitted
113.33pursuant to this subdivision shall be in writing and shall be submitted to:
113.34
114.1
114.2the applicant maintains residence.
114.3 An application shall be approved if it is timely received, signed and dated by the
114.4applicant, contains the applicant's name and residence and mailing addresses, and states
114.5that the applicant is eligible to vote by absentee ballot
114.6
114.7must not be made available for public inspection. An application may be submitted to
114.8the county auditor or municipal clerk by an electronic facsimile device. An application
114.9mailed or returned in person to the county auditor or municipal clerk on behalf of a voter
114.10by a person other than the voter must be deposited in the mail or returned in person to
114.11the county auditor or municipal clerk within ten days after it has been dated by the voter
114.12and no later than six days before the election. The absentee ballot applications or a list of
114.13persons applying for an absentee ballot may not be made available for public inspection
114.14until the close of voting on election day.
114.15 An application under this subdivision may contain an application under subdivision
114.165 to automatically receive an absentee ballot application.
114.17EFFECTIVE DATE.This section is effective April 1, 2008.
114.18 Sec. 17. Minnesota Statutes 2006, section 203B.04, subdivision 6, is amended to read:
114.19 Subd. 6. Ongoing absentee status; termination; rules. (a) An eligible voter
114.20may apply to a county auditor or municipal clerk for status as an ongoing absentee voter
114.21
114.22The voter may decline to receive an absentee ballot for one or more elections, provided
114.23the request is received by the county auditor or municipal clerk at least five days before
114.24the deadline in section 204B.35 for delivering ballots for the election to which it applies.
114.25Each applicant must automatically be provided with an absentee ballot
114.26each ensuing election, other than an election by mail conducted under section
114.27or as otherwise requested by the voter, and must have the status of ongoing absentee voter
114.28indicated on the voter's registration record.
114.29 (b) Ongoing absentee voter status ends on:
114.30 (1) the voter's written request;
114.31 (2) the voter's death;
114.32 (3) return of an ongoing absentee ballot as undeliverable;
114.33 (4) a change in the voter's status so that the voter is not eligible to vote under section
114.35 (5) placement of the voter's registration on inactive status under section
115.1 (c) The secretary of state shall adopt rules governing procedures under this
115.2subdivision.
115.3EFFECTIVE DATE.This section is effective April 1, 2008.
115.4 Sec. 18. Minnesota Statutes 2006, section 203B.06, subdivision 3, is amended to read:
115.5 Subd. 3. Delivery of ballots. (a) If an application for absentee ballots is accepted
115.6at a time when absentee ballots are not yet available for distribution, the county auditor,
115.7or municipal clerk accepting the application shall file it and as soon as absentee ballots
115.8are available for distribution shall mail them to the address specified in the application.
115.9If an application for absentee ballots is accepted when absentee ballots are available for
115.10distribution, the county auditor or municipal clerk accepting the application shall promptly:
115.11 (1) mail the ballots to the voter whose signature appears on the application if the
115.12application is submitted by mail and does not request commercial shipping under clause
115.13(2);
115.14 (2) ship the ballots to the voter using a commercial shipper requested by the voter at
115.15the voter's expense;
115.16 (3) deliver the absentee ballots directly to the voter if the application is submitted in
115.17person; or
115.18 (4) deliver the absentee ballots in a sealed transmittal envelope to an agent who has
115.19been designated to bring the ballots, as provided in section 203B.11, subdivision 4, to a
115.20voter who
115.21disabled, a patient in a health care facility,
115.22
115.23participant in a residential program for adults licensed under section
115.2414
115.254
115.26 (b) If an application does not indicate the election for which absentee ballots are
115.27sought, the county auditor or municipal clerk shall mail or deliver only the ballots for
115.28the next election occurring after receipt of the application. Only one set of ballots may
115.29be mailed, shipped, or delivered to an applicant for any election, except as provided in
115.30section
115.31voter for a ballot that has been spoiled or lost in transit.
115.32EFFECTIVE DATE.This section is effective August 1, 2007.
115.33 Sec. 19. Minnesota Statutes 2006, section 203B.07, subdivision 2, is amended to read:
116.1 Subd. 2. Design of envelopes. The return envelope shall be of sufficient size
116.2to conveniently enclose and contain the ballot envelope and a voter registration
116.3application folded along its perforations. The return envelope shall be designed to open
116.4on the left-hand end.
116.5
116.6
116.7
116.8
116.9
116.10
116.11
116.12absentee ballot shall be printed on the back of the envelope. The certificate shall contain
116.13a statement to be signed and sworn by the voter indicating that the voter meets all of
116.14the requirements established by law for voting by absentee ballot. If the voter was not
116.15previously registered, the certificate shall also contain a statement signed by a person who
116.16is registered to vote in Minnesota or by a notary public or other individual authorized
116.17to administer oaths stating that:
116.18
116.19
116.20how they were marked, or, if the voter was physically unable to mark them, that the voter
116.21directed another individual to mark them; and
116.22
116.23residence as required by section
116.24 The county auditor or municipal clerk shall affix first class postage to the return
116.25envelopes.
116.26EFFECTIVE DATE.This section is effective April 1, 2008.
116.27 Sec. 20. Minnesota Statutes 2006, section 203B.081, is amended to read:
116.28203B.081 LOCATIONS FOR ABSENTEE VOTING IN PERSON.
116.29 An eligible voter may vote by absentee ballot during the 30 days before the election
116.30in the office of the county auditor and at any other polling place designated by the county
116.31auditor. The county auditor shall make such designations at least 90 days before the
116.32election. At least one voting booth and at least one electronic ballot marker in each polling
116.33place must be made available by the county auditor for this purpose.
117.1 Sec. 21. Minnesota Statutes 2006, section 203B.11, subdivision 4, is amended to read:
117.2 Subd. 4. Agent delivery of ballots. During the
117.3election and until 2:00 p.m. on election day, an eligible voter who
117.4getting to the polls because of health reasons, or who is disabled, a patient of a health care
117.5facility, a resident of a facility providing assisted living services governed by chapter
117.6144G, a participant in a residential program for adults licensed under section
117.7subdivision 14, or a resident of a shelter for battered women as defined in section
117.8subdivision 4, may designate an agent to deliver the ballots to the voter from the county
117.9auditor or municipal clerk. A candidate at the election may not be designated as an agent.
117.10The voted ballots must be returned to the county auditor or municipal clerk no later than
117.113:00 p.m. on election day. The voter must complete an affidavit requesting the auditor or
117.12clerk to provide the agent with the ballots in a sealed transmittal envelope. The affidavit
117.13must include a statement from the voter stating that the ballots were delivered to the voter
117.14by the agent in the sealed transmittal envelope. An agent may deliver ballots to no more
117.15than three persons in any election. The secretary of state shall provide samples of the
117.16affidavit and transmission envelope for use by the county auditors.
117.17EFFECTIVE DATE.This section is effective August 1, 2007.
117.18 Sec. 22. Minnesota Statutes 2006, section 203B.12, subdivision 4, is amended to read:
117.19 Subd. 4. Placement in container; opening and counting of ballots. The ballot
117.20envelopes from return envelopes marked "Accepted" shall be placed by the election
117.21judges in a separate absentee ballot container. The container and each ballot envelope may
117.22be opened only after
117.23noon on election day. The ballots shall then be initialed by the election judges in the
117.24same manner as ballots delivered by them to voters in person and shall be deposited in
117.25the appropriate ballot box.
117.26 If more than one ballot of any kind is enclosed in the ballot envelope, none of the
117.27ballots of that kind shall be counted but all ballots of that kind shall be returned in the
117.28manner provided by section
117.29 Sec. 23. Minnesota Statutes 2006, section 203B.13, subdivision 1, is amended to read:
117.30 Subdivision 1. Establishment. The governing body of any county
117.31
117.32municipality, or any school district may by ordinance or resolution, authorize an absentee
117.33ballot board. The board shall consist of a sufficient number of election judges appointed as
117.34provided in sections
118.1 Sec. 24. Minnesota Statutes 2006, section 203B.13, subdivision 2, is amended to read:
118.2 Subd. 2. Duties. The absentee ballot board may
118.3
118.4
118.5
118.6all return absentee ballot envelopes and
118.7manner provided in section
118.8
118.9
118.10
118.11
118.12 The absentee ballot board may begin the process of examining the return envelopes
118.13and marking them "accepted" or "rejected" at any time during the 30 days before the
118.14election. If an envelope has been rejected at least five days before the election, the
118.15ballots in the envelope must be considered spoiled ballots and the official in charge of the
118.16absentee ballot board shall provide the voter with a replacement absentee ballot and return
118.17envelope in place of the spoiled ballot.
118.18
118.19 Sec. 25. Minnesota Statutes 2006, section 203B.16, subdivision 2, is amended to read:
118.20 Subd. 2. Permanent residence outside United States. Sections
118.22living permanently outside the territorial limits of the United States who meet all the
118.23qualifications of an eligible voter except residence in Minnesota, but who are authorized
118.24by federal law to vote in Minnesota because they maintained residence in Minnesota for
118.25at least 20 days immediately prior to their departure from the United States or because,
118.26although they have never resided in the United States, they have a parent who is eligible to
118.27vote in Minnesota. Individuals described in this subdivision shall be permitted to vote
118.28only for the offices of president, vice-president, senator in Congress, and representative in
118.29Congress.
118.30EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.
118.31 Sec. 26. Minnesota Statutes 2006, section 203B.17, subdivision 2, is amended to read:
118.32 Subd. 2. Required information. An application shall be accepted if it contains the
118.33following information stated under oath:
119.1 (a) the voter's name, birthdate, and present address of residence in Minnesota, or
119.2former address of residence in Minnesota if the voter is living permanently outside the
119.3United States;
119.4 (b) a statement indicating that the voter is in the military, or is the spouse or
119.5dependent of an individual serving in the military, or is temporarily outside the territorial
119.6limits of the United States, or is living permanently outside the territorial limits of the
119.7United States and voting under federal law;
119.8 (c) a statement that the voter expects to be absent from the precinct at the time
119.9of the election;
119.10 (d) the address to which absentee ballots are to be mailed;
119.11 (e) the voter's signature or the signature and relationship of the individual authorized
119.12to apply on the voter's behalf; and
119.13 (f) the voter's military identification card number, passport number, or Minnesota
119.14driver's license or state identification card number
119.15
119.16
119.17
119.18
119.19
119.20
119.21
119.22
119.23
119.24these documents, the voter may attest to the truthfulness of the contents of the application
119.25under penalty of perjury.
119.26EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.
119.27 Sec. 27. Minnesota Statutes 2006, section 203B.21, subdivision 2, is amended to read:
119.28 Subd. 2. Mailing of ballots; return. Ballots and instructions for marking them,
119.29ballot envelopes, and return envelopes shall be sent by first class mail to addresses within
119.30the continental United States and by air mail to addresses outside the continental United
119.31States, unless the voter requests to have the ballot, instructions, and certificate of voter
119.32eligibility sent electronically, as provided for by section 203B.225. The ballot envelope
119.33and return envelope shall be marked "Official Ballot," and shall contain sufficient postage
119.34to assure proper return delivery. The return envelope shall be addressed to comply with any
119.35method for return of absentee ballots as authorized under section
120.1EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.
120.2 Sec. 28. Minnesota Statutes 2006, section 203B.21, subdivision 3, is amended to read:
120.3 Subd. 3. Back of return envelope. On the back of the return envelope an affidavit
120.4form shall appear with space for:
120.5 (a) the voter's address of present or former residence in Minnesota;
120.6 (b) a statement indicating the category described in section
120.7voter belongs;
120.8 (c) a statement that the voter has not cast and will not cast another absentee ballot
120.9in the same election or elections;
120.10 (d) a statement that the voter personally marked the ballots without showing them to
120.11anyone, or if physically unable to mark them, that the voter directed another individual
120.12to mark them; and
120.13 (e) the same voter's military identification card number, passport number, or
120.14Minnesota driver's license or state identification card number as provided on the absentee
120.15ballot application
120.16
120.17
120.18
120.19access to any of these documents, the voter may attest to the truthfulness of the contents of
120.20the application under penalty of perjury.
120.21 The affidavit shall also contain a signed and dated oath in the form required by
120.22section 705 of the Help America Vote Act, Public Law 107-252, which must read:
120.23 "I swear or affirm, under penalty of perjury, that:
120.24 I am a member of the uniformed services or merchant marine on active duty or
120.25an eligible spouse or dependent of such a member; a United States citizen temporarily
120.26residing outside the United States; or other United States citizen residing outside the
120.27United States; and I am a United States citizen, at least 18 years of age (or will be by the
120.28date of the election), and I am eligible to vote in the requested jurisdiction; I have not
120.29been convicted of a felony, or other disqualifying offense, or been adjudicated mentally
120.30incompetent, or, if so, my voting rights have been reinstated; and I am not registering,
120.31requesting a ballot, or voting in any other jurisdiction in the United States except the
120.32jurisdiction cited in this voting form. In voting, I have marked and sealed my ballot in
120.33private and have not allowed any person to observe the marking of the ballot, except for
120.34those authorized to assist voters under state or federal law. I have not been influenced.
120.35 My signature and date below indicate when I completed this document.
121.1 The information on this form is true, accurate, and complete to the best of my
121.2knowledge. I understand that a material misstatement of fact in completion of this
121.3document may constitute grounds for a conviction for perjury."
121.4EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.
121.5 Sec. 29. Minnesota Statutes 2006, section 203B.22, is amended to read:
121.6203B.22 MAILING BALLOTS.
121.7 The county auditor shall mail the appropriate ballots, as promptly as possible, to an
121.8absent voter whose application has been recorded under section
121.9auditor determines that a voter is not eligible to vote at the primary but will be eligible to
121.10vote at the general election, only general election ballots shall be mailed. Only one set of
121.11ballots shall be mailed to any applicant for any election, except that the county auditor
121.12may mail a replacement ballot to a voter whose ballot has been spoiled or lost in transit
121.13or whose mailing address has changed after the date on which the original application
121.14was submitted as confirmed by the county auditor. Ballots to be sent outside the United
121.15States shall be given priority in mailing. A county auditor may make use of any special
121.16service provided by the United States government for the mailing of voting materials
121.17under sections
121.18EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.
121.19 Sec. 30. [203B.225] TRANSMITTING AND RETURNING BALLOTS.
121.20 Subdivision 1. Transmitting ballot and voter certification. Upon receipt of a
121.21properly completed application, the county auditor may electronically transmit to the voter
121.22the appropriate ballots, instructions, and affidavit form and certification of voter eligibility
121.23provided in section 203B.21, subdivision 3.
121.24 Subd. 2. Returning voted ballots. The voter must return the voted ballots and the
121.25certificate of voter eligibility to the county auditor in a sealed envelope. Upon receipt
121.26of a ballot, the county auditor must immediately compare the information provided on
121.27the absentee ballot application with the information provided on the certificate of voter
121.28eligibility. After the information on the certificate of voter eligibility has been verified,
121.29the certificate must be attached to the ballot secrecy envelope and placed with the other
121.30absentee ballots for the precinct in which the voter resides.
121.31 Subd. 3. Rejecting transmitted ballots. If the county auditor cannot verify that the
121.32ballots were returned by the same person to whom the absentee ballot application was
121.33transmitted, the ballots must be rejected and no votes on the ballots may be counted.
122.1EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.
122.2 Sec. 31. [203B.227] WRITE-IN ABSENTEE BALLOT.
122.3 An eligible voter who will be outside the territorial limits of the United States during
122.4the 180 days prior to the state general election may use the federal write-in absentee ballot
122.5to vote in any federal, state, or local election.
122.6EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.
122.7 Sec. 32. Minnesota Statutes 2006, section 203B.24, subdivision 1, is amended to read:
122.8 Subdivision 1. Check of voter eligibility; proper execution of affidavit. Upon
122.9receipt of an absentee ballot returned as provided in sections
122.10election judges shall compare the voter's name with the names appearing on their copy of
122.11the application records to insure that the ballot is from a voter eligible to cast an absentee
122.12ballot under sections
122.13envelope "Accepted" and initial or sign the return envelope below the word "Accepted" if
122.14the election judges are satisfied that:
122.15 (1) the voter's name on the return envelope appears in substantially the same form as
122.16on the application records provided to the election judges by the county auditor;
122.17 (2) the voter has signed the federal oath prescribed pursuant to section 705(b)(2) of
122.18the Help America Vote Act, Public Law 107-252;
122.19 (3) the voter has set forth the same voter's military identification number
122.20number, or
122.21
122.22
122.23
122.24the application, if the voter has one of these documents; and
122.25 (4) the voter has not already voted at that election, either in person or by absentee
122.26ballot.
122.27 An absentee ballot case pursuant to sections
122.28rejected for the lack of one of clauses (1) to (4). In particular, failure to place the ballot
122.29within the security envelope before placing it in the outer white envelope is not a reason to
122.30reject an absentee ballot.
122.31 Election judges must note the reason for rejection on the back of the envelope in the
122.32space provided for that purpose.
122.33 Failure to return unused ballots shall not invalidate a marked ballot, but a ballot
122.34shall not be counted if the affidavit on the return envelope is not properly executed. In
123.1all other respects the provisions of the Minnesota Election Law governing deposit and
123.2counting of ballots shall apply.
123.3EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.
123.4 Sec. 33. [203B.28] EMERGENCY POWERS.
123.5 (a) If the governor has declared an emergency and filed the declaration with the
123.6secretary of state under section 12.31, or if a natural disaster or armed conflict involving
123.7the United States Armed Forces, or mobilization of those forces, including National Guard
123.8and reserve components of this state, makes substantial compliance with the Uniformed
123.9and Overseas Citizens Absentee Voting Act impossible or unreasonable, the secretary of
123.10state may prescribe, by emergency orders, special procedures or requirements necessary to
123.11facilitate absentee voting by those citizens directly affected who otherwise are eligible
123.12to vote in this state.
123.13 (b) The secretary of state shall adopt rules describing the emergency powers and the
123.14situations in which the powers must be exercised.
123.15EFFECTIVE DATE.Paragraph (a) is effective for elections held after April 1,
123.162008. Paragraph (b) is effective the day following final enactment.
123.17 Sec. 34. Minnesota Statutes 2006, section 204B.06, subdivision 1, is amended to read:
123.18 Subdivision 1. Form of affidavit. An affidavit of candidacy shall state the name of
123.19the office sought and, except as provided in subdivision 4, shall state that the candidate:
123.20 (1) is an eligible voter;
123.21 (2) has no other affidavit on file as a candidate for any office at the same primary
123.22or next ensuing general election, except that a candidate for soil and water conservation
123.23district supervisor in a district not located in whole or in part in Anoka, Hennepin,
123.24Ramsey, or Washington County, may also have on file an affidavit of candidacy for
123.25mayor or council member of a statutory or home rule charter city of not more than 2,500
123.26population contained in whole or in part in the soil and water conservation district or for
123.27town supervisor in a town of not more than 2,500 population contained in whole or in part
123.28in the soil and water conservation district; and
123.29 (3) is, or will be on assuming the office, 21 years of age or more, and will have
123.30maintained residence in the district from which the candidate seeks election for 30 days
123.31before the general election.
124.1 An affidavit of candidacy must include a statement that the candidate's name as
124.2written on the affidavit for ballot designation is the candidate's true name or the name by
124.3which the candidate is commonly and generally known in the community.
124.4 An affidavit of candidacy for partisan office shall also state the name of the
124.5candidate's political party or political principle, stated in three words or less. Except as
124.6provided in section 204B.09, subdivision 1a, the affidavit of candidacy must include an
124.7original signature of the candidate.
124.8 Sec. 35. Minnesota Statutes 2006, section 204B.09, subdivision 1, is amended to read:
124.9 Subdivision 1. Candidates in state and county general elections. (a) Except as
124.10otherwise provided by this subdivision, affidavits of candidacy and nominating petitions
124.11for county, state, and federal offices filled at the state general election shall be filed not
124.12more than 70 days nor less than 56 days before the state primary. The affidavit may
124.13be prepared and signed at any time between 60 days before the filing period opens and
124.14the last day of the filing period.
124.15 (b) Notwithstanding other law to the contrary, the affidavit of candidacy must be
124.16signed in the presence of a notarial officer or an individual authorized to administer oaths
124.17under section
124.18 (c) This provision does not apply to candidates for presidential elector nominated
124.19by major political parties. Major party candidates for presidential elector are certified
124.20under section
124.21before the state primary day pursuant to section
124.22before the state primary
124.23filed as provided in section
124.245:00 p.m. on the last day for filing.
124.25 (d) Affidavits and petitions for county offices
124.26must be filed with the county auditor of that county. Affidavits and petitions for federal
124.27offices
124.28state. Affidavits and petitions for state offices must be filed with the secretary of state or
124.29with the county auditor of the county in which the candidate resides.
124.30 Sec. 36. Minnesota Statutes 2006, section 204B.09, subdivision 1a, is amended to read:
124.31 Subd. 1a. Absent candidates. (a) A candidate for special district, county, state,
124.32or federal office who will be absent from the state during the filing period may submit
124.33a properly executed affidavit of candidacy, the appropriate filing fee, and any necessary
124.34petitions in person to the filing officer. The candidate shall state in writing the reason for
125.1being unable to submit the affidavit during the filing period. The affidavit, filing fee,
125.2and petitions must be submitted to the filing officer during the seven days immediately
125.3preceding the candidate's absence from the state. Nominating petitions may be signed
125.4during the 14 days immediately preceding the date when the affidavit of candidacy is filed.
125.5 (b) In extraordinary circumstances beyond the candidate's control that prevent
125.6the candidate from filing an affidavit of candidacy authenticated by the candidate's
125.7handwritten or other signature meeting the requirements of section 645.44, subdivision 14,
125.8the affidavit of candidacy may be filed electronically with the secretary of state along with
125.9a written statement of the extraordinary circumstances. The affidavit and statement may be
125.10authenticated either by the electronic facsimile signature of the candidate, by an electronic
125.11signature consisting of a password assigned by the secretary of state, or by another form of
125.12electronic signature approved by the secretary of state. The secretary of state may adopt
125.13rules governing the electronic filing of an affidavit of candidacy under this paragraph.
125.14 Sec. 37. Minnesota Statutes 2006, section 204B.09, subdivision 3, is amended to read:
125.15 Subd. 3. Write-in candidates. (a) A candidate for county, state, or federal office
125.16who wants write-in votes for the candidate to be counted must file a written request with
125.17the filing office for the office sought no later than the
125.18election. The filing officer shall provide copies of the form to make the request.
125.19 (b) A candidate for president of the United States who files a request under this
125.20subdivision must include the name of a candidate for vice-president of the United States.
125.21The request must also include the name of at least one candidate for presidential elector.
125.22The total number of names of candidates for presidential elector on the request may not
125.23exceed the total number of electoral votes to be cast by Minnesota in the presidential
125.24election.
125.25 (c) A candidate for governor who files a request under this subdivision must include
125.26the name of a candidate for lieutenant governor.
125.27 Sec. 38. Minnesota Statutes 2006, section 204B.11, subdivision 2, is amended to read:
125.28 Subd. 2. Petition in place of filing fee. At the time of filing an affidavit of
125.29candidacy, a candidate may present a petition in place of the filing fee. The petition may be
125.30circulated from the date of precinct caucuses to the end of the period for filing affidavits of
125.31candidacy. The petition may be signed by any individual eligible to vote for the candidate.
125.32A nominating petition filed pursuant to section
125.33effective as a petition in place of a filing fee if the nominating petition includes a prominent
125.34statement informing the signers of the petition that it will be used for that purpose.
126.1 The number of signatures on a petition in place of a filing fee shall be as follows:
126.2 (a) for a state office voted on statewide, or for president of the United States, or
126.3United States senator, 2,000;
126.4 (b) for a congressional office, 1,000;
126.5 (c) for a county or legislative office, or for the office of district judge, 500; and
126.6 (d) for any other office which requires a filing fee as prescribed by law, municipal
126.7charter, or ordinance, the lesser of 500 signatures or five percent of the total number of
126.8votes cast in the municipality, ward, or other election district at the preceding general
126.9election at which that office was on the ballot.
126.10 An official with whom petitions are filed shall make sample forms for petitions in
126.11place of filing fees available upon request.
126.12 Sec. 39. Minnesota Statutes 2006, section 204B.16, subdivision 1, is amended to read:
126.13 Subdivision 1. Authority; location. The governing body of each municipality and
126.14of each county with precincts in unorganized territory shall designate by ordinance or
126.15resolution a polling place for each election precinct. Polling places must be designated
126.16and ballots must be distributed so that no one is required to go to more than one polling
126.17place to vote in a school district and municipal election held on the same day. The polling
126.18place for a precinct in a city or in a school district located in whole or in part in the
126.19metropolitan area defined by section
126.20boundaries of the precinct or within
126.21a single polling place is designated for a city pursuant to section
126.222
126.23unorganized territory may be located outside the precinct at a place which is convenient to
126.24the voters of the precinct. If no suitable place is available within a town or within a school
126.25district located outside the metropolitan area defined by section
126.26then the polling place for a town or school district may be located outside the town or
126.27school district within five miles of one of the boundaries of the town or school district.
126.28 Sec. 40. Minnesota Statutes 2006, section 204B.21, subdivision 2, is amended to read:
126.29 Subd. 2. Appointing authority; powers and duties. Election judges for precincts
126.30in a municipality shall be appointed by the governing body of the municipality. Election
126.31judges for precincts in unorganized territory and for performing election-related duties
126.32assigned by the county auditor shall be appointed by the county board. Election judges for
126.33a precinct composed of two or more municipalities must be appointed by the governing
126.34body of the municipality or municipalities responsible for appointing election judges as
127.1provided in the agreement to combine for election purposes. Appointments
127.2made from lists furnished pursuant to subdivision 1 subject to the eligibility requirements
127.3and other qualifications established or authorized under section
127.4election judges in each precinct must be affiliated with different major political parties. If
127.5no lists have been furnished or if additional election judges are required
127.6
127.7
127.8who meet the qualifications to serve as an election judge, including persons who are not
127.9affiliated with a major political party. The appointments shall be made at least 25 days
127.10before the election at which the election judges will serve.
127.11 Sec. 41. Minnesota Statutes 2006, section 204B.21, is amended by adding a
127.12subdivision to read:
127.13 Subd. 2a. Town elections. The provisions of this section and sections 204B.19,
127.14subdivision 5; 204C.15; 204C.19; 206.83; and 206.86, subdivision 2, relating to party
127.15balance in the appointment of judges and to duties to be performed by judges of different
127.16major political parties do not apply to town elections not held in conjunction with a
127.17statewide election.
127.18 Sec. 42. [204B.445] VOTER COMPLAINT AND RESOLUTION PROCESS.
127.19 Subdivision 1. Scope. An eligible voter may file a complaint to seek the resolution
127.20of any of the following conditions that have occurred or are about to occur:
127.21 (1) voter records in the statewide registration system are not maintained by the
127.22secretary of state or a county auditor in the manner provided in chapter 201;
127.23 (2) voters are unable to register to vote in the manner provided by section 201.061;
127.24 (3) a voting system, including an electronic ballot marker, meeting the requirements
127.25of section 206.80 is not available for use by voters either casting an absentee ballot in
127.26person at the locations designated by the county auditor or local election official, or for
127.27voting at any polling place on election day; or
127.28 (4) the secretary of state, county auditor, or local election official has failed, is
127.29failing, or is about to fail to carry out a duty required by Title III of the Help America
127.30Vote Act of 2002.
127.31 A complaint against a municipal or school district clerk must be filed with the county
127.32auditor of the county in which the action has occurred or is about to occur. A complaint
127.33against a county auditor must be filed with the secretary of state. A complaint against the
127.34secretary of state must be filed with the Office of Administrative Hearings. The secretary
128.1of state shall provide a standard form for a complaint under this section. The form must
128.2provide space for the complainant to specify the legal basis for the complaint. The
128.3proceedings authorized by this section are not subject to the requirements of chapter 14.
128.4 Subd. 2. Notice of complaint. The official with whom the complaint is filed must,
128.5within seven days after the complaint was filed, provide written notice of the complaint,
128.6including a copy of the complaint, to the official against whom the complaint has been
128.7made.
128.8 Subd. 3. Response. Within 14 days after the notice of complaint is received, the
128.9official complained against must respond in writing to the complainant and state the
128.10manner in which the respondent proposes to resolve the complaint.
128.11 Subd. 4. Hearing. If the complainant believes the response does not resolve the
128.12complaint, the complainant may file, with the official with whom the complaint was filed,
128.13a request for a hearing. The request must state the objection to the response and propose
128.14to resolve the complaint in a way that is consistent with the Minnesota Election Law. If
128.15the complainant makes a request for hearing, a hearing must take place. The official with
128.16whom the complaint was filed must rule on the complaint within 14 days after the hearing.
128.17 Subd. 5. Timeline. A ruling on a complaint must be made no more than 90 days
128.18after the complaint is filed. If the official with whom the complaint was filed fails to
128.19make that ruling within 90 days after the complaint was filed, that official must provide
128.20alternative dispute resolution for the disposition of the complaint. The alternative dispute
128.21resolution process must be completed within 60 days of its commencement.
128.22 Subd. 6. Appeal. No later than 30 days after the ruling, the complainant may appeal
128.23the ruling. If the complaint was filed against a municipal clerk, school district clerk, or
128.24county auditor, the appeal must be filed with the secretary of state. If the complaint was
128.25filed against the secretary of state, the appeal must be filed with the Ramsey County
128.26District Court. The appeal must be heard within 14 days. Upon hearing the appeal, the
128.27secretary of state or district court may affirm, reverse, or modify the ruling and give
128.28appropriate instructions, as needed, to the secretary of state, county auditor, or local
128.29election official to resolve the complaint.
128.30 Subd. 7. Remedies; notice. If the official rules that there has been a violation of
128.31Title III of the Help America Vote Act of 2002, the official must provide an appropriate
128.32remedy. If the official rules that there has not been a violation, the complaint must be
128.33dismissed and the results of the process published by the official.
128.34EFFECTIVE DATE.This section is effective January 1, 2008.
128.35 Sec. 43. Minnesota Statutes 2006, section 204B.45, subdivision 2, is amended to read:
129.1 Subd. 2. Procedure. Notice of the election and the special mail procedure must be
129.2given at least six weeks prior to the election.
129.3later than 14 days prior to the election, the auditor shall mail ballots by nonforwardable
129.4mail to all voters registered in the town or unorganized territory. No later than 14 days
129.5before the election, the auditor must make a subsequent mailing of ballots to those voters
129.6who register to vote after the initial mailing but before the 20th day before the election.
129.7Eligible voters not registered at the time the ballots are mailed may apply for ballots as
129.8provided in chapter 203B. Ballot return envelopes, with return postage provided, must be
129.9preaddressed to the auditor or clerk and the voter may return the ballot by mail or in person
129.10to the office of the auditor or clerk. The auditor or clerk may appoint election judges to
129.11examine the return envelopes and mark them "accepted" or "rejected" during the 30 days
129.12before the election. If an envelope has been rejected at least five days before the election,
129.13the ballots in the envelope must be considered spoiled ballots and the auditor or clerk shall
129.14provide the voter with a replacement ballot and return envelope in place of the spoiled
129.15ballot. The costs of the mailing shall be paid by the election jurisdiction in which the voter
129.16resides. Any ballot received by 8:00 p.m. on the day of the election must be counted.
129.17 Sec. 44. Minnesota Statutes 2006, section 204C.06, subdivision 1, is amended to read:
129.18 Subdivision 1. Lingering near polling place. An individual shall be allowed to go
129.19to and from the polling place for the purpose of voting without unlawful interference. No
129.20one except an election official or an individual who is waiting to register or to vote shall
129.21stand within 100 feet of the
129.22
129.23building in which a polling place is located.
129.24 Sec. 45. Minnesota Statutes 2006, section 204C.07, subdivision 3a, is amended to read:
129.25 Subd. 3a. Residence requirement. A challenger must be a resident of this state.
129.26Appointed challengers seeking admission to a polling place to serve in that capacity must
129.27prove their status as a resident of this state by presenting one of the documents listed in
129.28section 201.061, subdivision 3, paragraph (b), clauses (1) to (4). Challengers need not
129.29prove residence in the precinct in which they seek to act as a challenger.
129.30EFFECTIVE DATE.This section is effective September 1, 2007.
129.31 Sec. 46. Minnesota Statutes 2006, section 204C.07, is amended by adding a
129.32subdivision to read:
130.1 Subd. 3b. Oath to obey the law. A challenger must state under oath that the
130.2challenger understands and will abide by the laws and rules governing challengers as
130.3described in this section and in section 204C.12 and governing challenges to voters as
130.4described in section 204C.12.
130.5EFFECTIVE DATE.This section is effective September 1, 2007.
130.6 Sec. 47. Minnesota Statutes 2006, section 205.10, is amended by adding a subdivision
130.7to read:
130.8 Subd. 6. Cancellation. A special election ordered by the governing body of the
130.9municipality on its own motion under subdivision 1 may be canceled by motion of the
130.10governing body, but not less than 46 days before the election.
130.11 Sec. 48. Minnesota Statutes 2006, section 205.13, is amended by adding a subdivision
130.12to read:
130.13 Subd. 7. Write-in candidates. A candidate for a city office who wants write-in
130.14votes for the candidate to be counted must file a written request with the filing officer for
130.15the office sought no later than the seventh day before the general election. The filing
130.16officer must provide copies of the form to make the request.
130.17 Sec. 49. Minnesota Statutes 2006, section 205.16, subdivision 3, is amended to read:
130.18 Subd. 3. Sample ballot, posting. For every municipal election, the municipal clerk
130.19shall at least
130.20precinct in the municipality, make them available for public inspection in the clerk's office
130.21
130.22 Sec. 50. Minnesota Statutes 2006, section 205.16, subdivision 4, is amended to read:
130.23 Subd. 4. Notice to auditor. At least 53 days prior to every municipal election, the
130.24municipal clerk shall provide a written notice to the county auditor, including the date of
130.25the election, the offices to be voted on at the election, and the title and language for each
130.26ballot question to be voted on at the election. Not less than 46 days before the election, the
130.27municipal clerk must provide written notice to the county auditor of any special election
130.28canceled under section 205.10, subdivision 6.
130.29 Sec. 51. Minnesota Statutes 2006, section 205A.05, is amended by adding a
130.30subdivision to read:
131.1 Subd. 3. Cancellation. A special election ordered by the school board on its own
131.2motion under subdivision 1 may be canceled by motion of the school board, but not less
131.3than 46 days before the election.
131.4 Sec. 52. Minnesota Statutes 2006, section 205A.07, subdivision 3, is amended to read:
131.5 Subd. 3. Notice to auditor. At least 53 days prior to every school district election,
131.6the school district clerk shall provide a written notice to the county auditor of each county
131.7in which the school district is located. The notice must include the date of the election, the
131.8offices to be voted on at the election, and the title and language for each ballot question to
131.9be voted on at the election. For the purposes of meeting the timelines of this section, in
131.10a bond election, a notice, including a proposed question, may be provided to the county
131.11auditor prior to receipt of a review and comment from the commissioner of education and
131.12prior to actual initiation of the election. Not less than 46 days before the election, the
131.13school district clerk must provide written notice to the county auditor of any special
131.14election canceled under section 205A.05, subdivision 3.
131.15 Sec. 53. Minnesota Statutes 2006, section 205A.07, subdivision 3a, is amended to read:
131.16 Subd. 3a. Notice to commissioner of education. At least 49 days prior to every
131.17school district election, under section
131.18the school district clerk shall provide a written notice to the commissioner of education.
131.19The notice must include the date of the election and the title and language for each ballot
131.20question to be voted on at the election. Not less than 46 days before the election, the
131.21school district clerk must provide a written notice to the commissioner of education of
131.22any special election canceled under section 205A.05, subdivision 3. The certified vote
131.23totals for each ballot question shall be provided in a written notice to the commissioner
131.24in a timely manner.
131.25 Sec. 54. Minnesota Statutes 2006, section 205A.10, subdivision 2, is amended to read:
131.26 Subd. 2. Election, conduct. A school district election must be by secret ballot and
131.27must be held and the returns made in the manner provided for the state general election, as
131.28far as practicable. The vote totals from an absentee ballot board established pursuant to
131.29section
131.30than by precinct. For school district elections not held in conjunction with a statewide
131.31election, the school board shall appoint election judges as provided in section
131.32subdivision 2
131.33204C.15
132.1party balance in appointment of judges and to duties to be performed by judges of different
132.2major political parties do not apply to school district elections not held in conjunction
132.3with a statewide election.
132.4 Sec. 55. Minnesota Statutes 2006, section 206.57, subdivision 5, is amended to read:
132.5 Subd. 5. Voting system for disabled voters. In federal and state elections held after
132.6December 31, 2005,
132.7December 31, 2007, and in township elections held after December 31, 2009, the voting
132.8method used in each polling place must include a voting system that is accessible for
132.9individuals with disabilities, including nonvisual accessibility for the blind and visually
132.10impaired in a manner that provides the same opportunity for access and participation,
132.11including privacy and independence, as for other voters.
132.12 Sec. 56. Minnesota Statutes 2006, section 206.89, subdivision 1, is amended to read:
132.13 Subdivision 1. Definition. For purposes of this section "postelection review official"
132.14means the
132.15
132.16auditor designates the municipal clerk as the "postelection review official" within 24 hours
132.17after the canvass of the state general election.
132.18 Sec. 57. Minnesota Statutes 2006, section 206.89, subdivision 5, is amended to read:
132.19 Subd. 5. Additional review. (a) If the postelection review in one of the reviewed
132.20precincts reveals a difference greater than one-half of one percent, or greater than two
132.21votes in a precinct where 400 or fewer voters cast ballots, the postelection review official
132.22must, within two days, conduct an additional review of the races indicated in subdivision 3
132.23in at least three precincts in the same jurisdiction where the discrepancy was discovered. If
132.24all precincts in that jurisdiction have been reviewed, the county auditor must immediately
132.25publicly select by lot at least three additional precincts for review. The postelection review
132.26official must complete the additional review within two days after the precincts are
132.27selected and report the results immediately to the county auditor. If the second review in
132.28any of the reviewed precincts also indicates a difference in the vote totals compiled by the
132.29voting system that is greater than one-half of one percent from the result indicated by the
132.30postelection review, or greater than two votes in a precinct where 400 or fewer voters cast
132.31ballots, the county auditor must conduct a review of the ballots from all the remaining
132.32precincts in the county for the races indicated in subdivision 3. This review must be
132.33completed no later than six weeks after the state general election.
133.1 (b) If the results from the countywide reviews from one or more counties comprising
133.2in the aggregate more than ten percent of the total number of persons voting in the election
133.3clearly indicate that an error in vote counting has occurred, the postelection review official
133.4must conduct a manual recount of all the ballots in the district for the affected office. The
133.5recount must be completed and the results reported to the appropriate canvassing board no
133.6later than ten weeks after the state general election.
133.7 Sec. 58. Minnesota Statutes 2006, section 211A.02, subdivision 2, is amended to read:
133.8 Subd. 2. Information required. The report to be filed by a candidate or committee
133.9must include:
133.10 (1) the name of the candidate or ballot question;
133.11 (2) the printed name
133.12if available, of the person responsible for filing the report;
133.13 (3) the total amount of receipts and expenditures for the period from the last previous
133.14report to five days before the current report is due;
133.15 (4) the amount, date, and purpose for each expenditure; and
133.16 (5) the name, address, and employer, or occupation if self-employed, of any
133.17individual or committee that during the year has made one or more contributions that in the
133.18aggregate are equal to or greater than $100, and the amount and date of each contribution.
133.19The filing officer must restrict public access to the address of any individual who has made
133.20a contribution equal to or greater than $100 and who has filed with the filing officer a
133.21written statement signed by the individual that withholding the individual's address from
133.22the financial report is required for the safety of the individual or the individual's family.
133.23 Sec. 59. Minnesota Statutes 2006, section 211A.05, subdivision 1, is amended to read:
133.24 Subdivision 1. Penalty. A candidate who intentionally fails to file a report required
133.25by section
133.26The treasurer of a committee formed to promote or defeat a ballot question who
133.27intentionally fails to file a report required by section
133.28by this section is guilty of a misdemeanor. Each candidate or treasurer of a committee
133.29formed to promote or defeat a ballot question shall certify to the filing officer that all
133.30reports required by section
133.31candidate or committee has not received contributions or made disbursements exceeding
133.32$750 in the calendar year. The certification shall be submitted to the filing officer no
133.33later than seven days after the general or special election. The secretary of state shall
133.34prepare blanks for this certification. An officer who issues a certificate of election to a
134.1candidate who has not certified that all reports required by section
134.2filed is guilty of a misdemeanor.
134.3 Sec. 60. Minnesota Statutes 2006, section 211B.03, is amended to read:
134.4211B.03 USE OF THE TERM REELECT.
134.5 (a) A person or candidate may not use the term "reelect" in a campaign for elective
134.6office unless the candidate is the incumbent of that office. If the incumbent is seated in
134.7that office but was not elected to the office in a general or special election, the incumbent
134.8may not use the term "reelect."
134.9 (b) In the event of redistricting, a person or candidate may not
134.10
134.11the incumbent of that office and the office represents any part of the new district.
134.12 (c) For purposes of this section, "incumbent" means the individual currently seated
134.13in the office for which the election will be held, as of the last day of filing as a candidate
134.14for election to that office.
134.15 Sec. 61. Minnesota Statutes 2006, section 211B.11, subdivision 1, is amended to read:
134.16 Subdivision 1. Soliciting near polling places. A person may not display campaign
134.17material, post signs, ask, solicit, or in any manner try to induce or persuade a voter within
134.18a polling place or within 100 feet of the building in which a polling place is
134.19
134.20or election day to vote for or refrain from voting for a candidate or ballot question. A
134.21person may not provide political badges, political buttons, or other political insignia to be
134.22worn at or about the polling place on the day of a primary or election. A political badge,
134.23political button, or other political insignia may not be worn at or about the polling place on
134.24primary or election day. This section applies to areas established by the county auditor or
134.25municipal clerk for absentee voting as provided in chapter 203B.
134.26 The secretary of state, county auditor, municipal clerk, or school district clerk may
134.27provide stickers which contain the words "I VOTED" and nothing more. Election judges
134.28may offer a sticker of this type to each voter who has signed the polling place roster.
134.29 Sec. 62. Minnesota Statutes 2006, section 325L.03, is amended to read:
134.30325L.03 SCOPE.
134.31 (a) Except as otherwise provided in paragraphs (b) and (e), this chapter applies to
134.32electronic records and electronic signatures relating to a transaction.
134.33 (b) This chapter does not apply to a transaction to the extent it is governed by:
135.1 (1) the Uniform Commercial Code other than section
135.2article 2A; and
135.3 (2) section
135.4care directive; section
135.5power of attorney, or other instrument affecting real estate; section
135.63
135.7section
135.8preferences or instructions regarding intrusive mental health treatment.
135.9 (c) This chapter applies to an electronic record or electronic signature otherwise
135.10excluded from the application of this chapter under paragraph (b) to the extent it is
135.11governed by a law other than those specified in paragraph (b).
135.12 (d) A transaction subject to this chapter is also subject to other applicable substantive
135.13law.
135.14 (e) This chapter does not apply to the creation and execution of wills, codicils, or
135.15trusts other than trusts relating to the conduct of business, commercial, or governmental
135.16purposes.
135.17 (f) Except as provided in section 204B.09, subdivision 1a, this chapter does not
135.18apply to affidavits of candidacy relating to the conduct of elections.
135.19 Sec. 63. Minnesota Statutes 2006, section 375.101, subdivision 1, is amended to read:
135.20 Subdivision 1. Option for filling vacancies; election in 30 to 60 days. Except as
135.21provided in subdivision 3, a vacancy in the office of county commissioner
135.22filled as provided in this subdivision and subdivision 2, or as provided in subdivision 4. If
135.23the vacancy is to be filled under this subdivision and subdivision 2, it must be filled at a
135.24special election not less than 30 nor more than
135.25special primary or special election may be held on the same day as a regular primary or
135.26regular election but the special election shall be held not less than 14 days after the special
135.27primary. The person elected at the special election shall take office immediately after
135.28receipt of the certificate of election and upon filing the bond and taking the oath of office
135.29and shall serve the remainder of the unexpired term. If the county has been reapportioned
135.30since the commencement of the term of the vacant office, the election shall be based
135.31on the district as reapportioned.
135.32EFFECTIVE DATE.This section is effective the day following final enactment.
135.33 Sec. 64. Minnesota Statutes 2006, section 375.101, is amended by adding a subdivision
135.34to read:
136.1 Subd. 4. Option for filling vacancies; appointment. Except as provided in
136.2subdivision 3, and as an alternative to the procedure provided in subdivisions 1 and 2, any
136.3other vacancy in the office of county commissioner may be filled by board appointment at
136.4a regular or special meeting. The appointment shall be evidenced by a resolution entered
136.5in the minutes and shall continue until an election is held under this subdivision. All
136.6elections to fill vacancies shall be for the unexpired term. If the vacancy occurs before the
136.7first day to file affidavits of candidacy for the next county general election and more than
136.8two years remain in the unexpired term, a special election shall be held in conjunction
136.9with the county general election. The appointed person shall serve until the qualification
136.10of the successor elected to fill the unexpired part of the term at that special election. If the
136.11vacancy occurs on or after the first day to file affidavits of candidacy for the county general
136.12election, or when less than two years remain in the unexpired term, there shall be no special
136.13election to fill the vacancy and the appointed person shall serve the remainder of the
136.14unexpired term and until a successor is elected and qualifies at the county general election.
136.15EFFECTIVE DATE.This section is effective the day following final enactment.
136.16 Sec. 65. Minnesota Statutes 2006, section 410.12, subdivision 1, is amended to read:
136.17 Subdivision 1. Proposals. The charter commission may propose amendments to
136.18such charter and shall do so upon the petition of voters equal in number to five percent of
136.19the total votes cast at the last previous state general election in the city. Proposed charter
136.20amendments must be submitted at least 12 weeks before the general election. Petitions
136.21may be signed no earlier than 26 weeks before the general election. Only registered
136.22voters are eligible to sign the petition. All petitions circulated with respect to a charter
136.23amendment shall be uniform in character and shall have attached thereto the text of the
136.24proposed amendment in full; except that in the case of a proposed amendment containing
136.25more than 1,000 words, a true and correct copy of the same may be filed with the city
136.26clerk, and the petition shall then contain a summary of not less than 50 nor more than 300
136.27words setting forth in substance the nature of the proposed amendment. Such summary
136.28shall contain a statement of the objects and purposes of the amendment proposed and an
136.29outline of any proposed new scheme or frame work of government and shall be sufficient
136.30to inform the signers of the petition as to what change in government is sought to be
136.31accomplished by the amendment. The summary, together with a copy of the proposed
136.32amendment, shall first be submitted to the charter commission for its approval as to form
136.33and substance. The commission shall within ten days after such submission to it, return
136.34the same to the proposers of the amendment with such modifications in statement as it
137.1may deem necessary in order that the summary may fairly comply with the requirements
137.2above set forth.
137.3 Sec. 66. Minnesota Statutes 2006, section 447.32, subdivision 4, is amended to read:
137.4 Subd. 4. Candidates; ballots; certifying election. A person who wants to be a
137.5candidate for the hospital board shall file an affidavit of candidacy for the election either
137.6as member at large or as a member representing the city or town where the candidate
137.7resides. The affidavit of candidacy must be filed with the city or town clerk not more than
137.870 days nor less than 56 days before the first Tuesday after the first Monday in November
137.9of the year in which the general election is held. The city or town clerk must forward the
137.10affidavits of candidacy to the clerk of the hospital district or, for the first election, the clerk
137.11of the most populous city or town immediately after the last day of the filing period. A
137.12candidate may withdraw from the election by filing an affidavit of withdrawal with the
137.13clerk of the district no later than 5:00 p.m. two days after the last day to file affidavits
137.14of candidacy. A candidate for a hospital district office who wants write-in votes for the
137.15candidate to be counted must file a written request with the filing officer for the office
137.16sought no later than the seventh day before the general election. The filing officer must
137.17provide copies of the form to make the request.
137.18 Voting must be by secret ballot. The clerk shall prepare, at the expense of the
137.19district, necessary ballots for the election of officers. Ballots must be printed on tan paper
137.20and prepared as provided in the rules of the secretary of state. The ballots must be marked
137.21and initialed by at least two judges as official ballots and used exclusively at the election.
137.22Any proposition to be voted on may be printed on the ballot provided for the election
137.23of officers. The hospital board may also authorize the use of voting systems subject to
137.24chapter 206. Enough election judges may be appointed to receive the votes at each
137.25polling place. The election judges shall act as clerks of election, count the ballots cast,
137.26and submit them to the board for canvass.
137.27 After canvassing the election, the board shall issue a certificate of election to the
137.28candidate who received the largest number of votes cast for each office. The clerk shall
137.29deliver the certificate to the person entitled to it in person or by certified mail. Each person
137.30certified shall file an acceptance and oath of office in writing with the clerk within 30
137.31days after the date of delivery or mailing of the certificate. The board may fill any office
137.32as provided in subdivision 1 if the person elected fails to qualify within 30 days, but
137.33qualification is effective if made before the board acts to fill the vacancy.
137.34 Sec. 67. AUTOMATIC REGISTRATION.
138.1 An applicant for a Minnesota driver's license, instruction permit, or identification
138.2card must not be automatically registered to vote under Minnesota Statutes, section
138.3201.161, until the secretary of state has certified that the system for automatic registration
138.4of those applicants has been tested and shown to properly determine whether an applicant
138.5is eligible to vote.
138.6 Sec. 68. REPEALER.
138.7(a) Minnesota Statutes 2006, sections 201.061, subdivision 7; 201.096; 203B.02,
138.8subdivision 1a; and 203B.13, subdivision 3a, are repealed.
138.9(b) Minnesota Statutes 2006, section 203B.04, subdivision 5, is repealed effective
138.10April 1, 2008.
138.11(c) Minnesota Statutes 2006, section 200.04, is repealed effective January 1, 2008.
138.14 Section 1. Minnesota Statutes 2006, section 103C.305, subdivision 3, is amended to
138.15read:
138.16 Subd. 3. Ballots. Ballots shall be prepared by the county auditor. The names of
138.17candidates shall be placed on the "canary ballot" described in section
138.183
138.19District Supervisor" or "Conservation District Supervisor," based upon the district from
138.20which the supervisor is to be elected.
138.21 Sec. 2. Minnesota Statutes 2006, section 201.054, subdivision 1, is amended to read:
138.22 Subdivision 1. Registration. An individual may register to vote:
138.23 (1) at any time before the 20th day preceding any election as provided in section
138.25 (2) on the day of an election as provided in section
138.26 (3) when submitting an absentee ballot, by enclosing a completed registration
138.27application as provided in section
138.28 Sec. 3. Minnesota Statutes 2006, section 201.061, subdivision 4, is amended to read:
138.29 Subd. 4. Registration by election judges; procedures. Registration at the polling
138.30place on election day shall be conducted by the election judges. The election judge who
138.31registers an individual at the polling place on election day shall not handle that voter's
138.32ballots at any time prior to the opening of the ballot box after the voting ends. Registration
139.1
139.2individual who registers on election day proves residence by oath of a registered voter, the
139.3form containing the oath shall be attached to the individual's registration
139.4Registration
139.5county auditor who shall add the name of each voter to the registration system unless the
139.6information forwarded is substantially deficient. A county auditor who finds an election
139.7day registration substantially deficient shall give written notice to the individual whose
139.8registration is found deficient. An election day registration shall not be found deficient
139.9solely because the individual who provided proof of residence was ineligible to do so.
139.10 Sec. 4. Minnesota Statutes 2006, section 201.071, subdivision 3, is amended to read:
139.11 Subd. 3. Deficient registration. No voter registration application is deficient if it
139.12contains the voter's name, address, date of birth, current and valid Minnesota driver's
139.13license number or Minnesota state identification number, or if the voter has no current and
139.14valid Minnesota driver's license or Minnesota state identification number, the last four
139.15digits of the voter's Social Security number, if the voter has been issued a Social Security
139.16number, prior registration, if any, and signature. The absence of a zip code number does
139.17not cause the registration to be deficient. Failure to check a box on an application form
139.18that a voter has certified to be true does not cause the registration to be deficient. The
139.19election judges shall request an individual to correct a voter registration application if it is
139.20deficient or illegible
139.21
139.22registration application is deficient or the voter is duly and successfully challenged in
139.23accordance with section
139.24 A voter registration application accepted prior to August 1, 1983, is not deficient
139.25for lack of date of birth. The county or municipality may attempt to obtain the date of
139.26birth for a voter registration application accepted prior to August 1, 1983, by a request to
139.27the voter at any time except at the polling place. Failure by the voter to comply with this
139.28request does not make the registration deficient.
139.29 A voter registration application accepted before January 1, 2004, is not deficient for
139.30lack of a valid Minnesota driver's license or state identification number or the last four
139.31digits of a Social Security number. A voter registration application submitted by a voter
139.32who does not have a Minnesota driver's license or state identification number, or a Social
139.33Security number, is not deficient for lack of any of these numbers.
139.34 Sec. 5. Minnesota Statutes 2006, section 201.071, subdivision 4, is amended to read:
140.1 Subd. 4. Change of registration.
140.2
140.3county in Minnesota shall
140.4record electronically through the statewide registration system in the manner prescribed
140.5
140.6
140.7
140.8
140.9
140.10subdivision as a result of an election day registration shall also check the statewide
140.11registration system to determine whether the individual voted in more than one precinct in
140.12the most recent election.
140.13 Sec. 6. Minnesota Statutes 2006, section 201.081, is amended to read:
140.14201.081 REGISTRATION FILES.
140.15 The statewide registration system is the official record of registered voters. The
140.16voter registration
140.17registration system must be under the control of the county auditor or the public official to
140.18whom the county auditor has delegated the responsibility for maintaining voter registration
140.19records. The voter registration
140.20statewide registration system must not be removed from the control of the county auditor
140.21except as provided in this subdivision. The county auditor may make photographic copies
140.22of voter registration
140.23 A properly completed voter registration
140.24the secretary of state or a county auditor must be maintained by the secretary of state or
140.25the county auditor for at least 22 months after the date that the information on the
140.26application is entered into the database of the statewide registration system. The secretary
140.27of state or the county auditor may dispose of the
140.28months in the manner provided by section
140.29 Sec. 7. Minnesota Statutes 2006, section 201.091, subdivision 1, is amended to read:
140.30 Subdivision 1. Master list. Each county auditor shall prepare and maintain a
140.31current list of registered voters in each precinct in the county which is known as the
140.32master list. The master list must be created by entering each completed voter registration
140.33
140.34must show the name, residence address, and date of birth of each voter registered in
141.1the precinct. The information contained in the master list may only be made available
141.2to public officials for purposes related to election administration, jury selection, and in
141.3response to a law enforcement inquiry concerning a violation of or failure to comply with
141.4any criminal statute or state or local tax statute.
141.5 Sec. 8. Minnesota Statutes 2006, section 201.091, subdivision 8, is amended to read:
141.6 Subd. 8. Registration places. Each county auditor shall designate a number of
141.7public buildings in those political subdivisions of the county where preregistration of
141.8voters is allowed as provided in section
141.9register to vote. At least one public building must be designated for each 30,000 residents
141.10of the county. At least one telecommunications device for the deaf must be available for
141.11voter registration information in each county seat and in every city of the first, second,
141.12and third class.
141.13 An adequate supply of registration
141.14maintained at each designated location, and a designated individual must be available
141.15there to accept registration
141.16 A person who, because of disability, needs assistance in order to determine eligibility
141.17or to register must be assisted by a designated individual. Assistance includes but is not
141.18limited to reading the registration form and instructions and filling out the registration
141.19form as directed by the eligible voter.
141.20 Sec. 9. Minnesota Statutes 2006, section 201.27, subdivision 1, is amended to read:
141.21 Subdivision 1. Intentional violation. No officer, deputy, clerk, or other employee
141.22shall intentionally:
141.23 (1) fail to perform or enforce any of the provisions of this chapter except subdivision
141.242;
141.25 (2) remove a registration
141.26registration files in a manner or for a purpose not authorized by law;
141.27 (3) destroy or make an unauthorized change to a record required to be kept by
141.28this chapter; or
141.29 (4) add a name or names to the voter registration files, records, or cards, except as
141.30authorized by law.
141.31 An individual who violates this subdivision is guilty of a felony.
141.32 Sec. 10. Minnesota Statutes 2006, section 203B.04, subdivision 1, is amended to read:
142.1 Subdivision 1. Application procedures. Except as otherwise allowed by
142.2subdivision 2 or by section 203B.11, subdivision 4, an application for absentee ballots
142.3for any election may be submitted at any time not less than one day before the day of
142.4that election. The county auditor shall prepare absentee ballot application forms in the
142.5format provided by the secretary of state, notwithstanding rules on absentee ballot forms,
142.6and shall furnish them to any person on request. By January 1 of each even-numbered
142.7year, the secretary of state shall make the forms to be used available to auditors through
142.8electronic means. An application submitted pursuant to this subdivision shall be in writing
142.9and shall be submitted to:
142.10 (a) the county auditor of the county where the applicant maintains residence; or
142.11 (b) the municipal clerk of the municipality, or school district if applicable, where
142.12the applicant maintains residence.
142.13 An application shall be approved if it is timely received, signed and dated by the
142.14applicant, contains the applicant's name and residence and mailing addresses, and states
142.15that the applicant is eligible to vote by absentee ballot for one of the reasons specified in
142.16section
142.17must not be made available for public inspection. An application may be submitted to
142.18the county auditor or municipal clerk by an electronic facsimile device. An application
142.19mailed or returned in person to the county auditor or municipal clerk on behalf of a voter
142.20by a person other than the voter must be deposited in the mail or returned in person to
142.21the county auditor or municipal clerk within ten days after it has been dated by the voter
142.22and no later than six days before the election. The absentee ballot applications or a list of
142.23persons applying for an absentee ballot may not be made available for public inspection
142.24until the close of voting on election day.
142.25 An application under this subdivision may contain an application under subdivision
142.265 to automatically receive an absentee ballot application.
142.27 Sec. 11. Minnesota Statutes 2006, section 203B.04, subdivision 4, is amended to read:
142.28 Subd. 4. Registration at time of application. An eligible voter who is not
142.29registered to vote but who is otherwise eligible to vote by absentee ballot may register by
142.30including a completed voter registration
142.31individual shall present proof of residence as required by section
142.323
142.33as defined in section
143.1 Sec. 12. Minnesota Statutes 2006, section 203B.05, subdivision 2, is amended to read:
143.2 Subd. 2. City, school district, and town elections. For city, town, and school
143.3district elections not held on the same day as a statewide election,
143.4
143.5
143.6filed with the city, school district, or town clerk and the duties prescribed by this chapter for
143.7the county auditor shall be performed by the city, school district, or town clerk unless the
143.8county auditor agrees to perform those duties on behalf of the city, school district, or town
143.9clerk. The costs incurred to provide absentee ballots and perform the duties prescribed by
143.10this subdivision shall be paid by the city, town, or school district holding the election.
143.11 Notwithstanding any other law, this chapter applies to school district elections held
143.12on the same day as a statewide election or an election for a county or municipality wholly
143.13or partially within the school district.
143.14 Sec. 13. Minnesota Statutes 2006, section 203B.07, subdivision 1, is amended to read:
143.15 Subdivision 1. Delivery of envelopes, directions. The county auditor or the
143.16municipal clerk shall prepare, print, and transmit a return envelope, a ballot envelope, and
143.17a copy of the directions for casting an absentee ballot to each applicant whose application
143.18for absentee ballots is accepted pursuant to section
143.19an absentee ballot shall be printed in at least 14-point bold type with heavy leading and
143.20may be printed on the ballot envelope. When a person requests the directions in Braille
143.21or on cassette tape, the county auditor or municipal clerk shall provide them in the form
143.22requested. The secretary of state shall prepare Braille and cassette copies and make them
143.23available.
143.24 When a voter registration
143.25section
143.26instructions for registering to vote.
143.27 Sec. 14. Minnesota Statutes 2006, section 203B.08, subdivision 3, is amended to read:
143.28 Subd. 3. Procedures on receipt of ballots. When absentee ballots are returned to a
143.29county auditor or municipal clerk, that official shall stamp or initial and date the return
143.30envelope
143.31return envelopes received by that office. The county auditor or municipal clerk shall
143.32deliver to the appropriate election judges on election day all ballots received before or
143.33with the last mail delivery by the United States Postal Service on election day. A town
144.1clerk may request the United States Postal Service to deliver absentee ballots to the polling
144.2place on election day instead of to the official address of the town clerk.
144.3 Sec. 15. Minnesota Statutes 2006, section 203B.10, is amended to read:
144.4203B.10 DELIVERY OF ABSENTEE BALLOT APPLICATIONS TO
144.5ELECTION JUDGES.
144.6 (a) On the day before an election:
144.7
144.8the applications for absentee ballots theretofore received and endorsed as provided in
144.9section
144.10
144.11auditor and the applications for absentee ballots filed with their respective offices and
144.12endorsed as provided in section
144.13judges. Applications received on election day pursuant to section
144.142
144.15an absentee ballot board.
144.16 (b) Delivery of the applications to the municipal clerks and election judges in the
144.17precinct is not required if the absentee ballot envelopes have been accepted or rejected
144.18by an absentee ballot board pursuant to section 203B.13.
144.19 Sec. 16. Minnesota Statutes 2006, section 204B.06, subdivision 8, is amended to read:
144.20 Subd. 8. Proof of eligibility. A candidate for judicial office or for the office of
144.21county attorney shall submit with the affidavit of candidacy proof that the candidate is
144.22licensed to practice law in this state. Proof means providing a copy of a current attorney
144.23license.
144.24 A candidate for county sheriff shall submit with the affidavit of candidacy proof of
144.25licensure as a peace officer in this state. Proof means providing a copy of a current Peace
144.26Officer Standards and Training Board license.
144.27 Sec. 17. Minnesota Statutes 2006, section 204B.08, subdivision 3, is amended to read:
144.28 Subd. 3. Number of signatures. The number of signatures required on a
144.29nominating petition shall be as follows:
144.30 (a) for a federal or state office voted on statewide
144.31percent of the total number of individuals voting in the state at the last preceding state
144.32general election, or 2,000, whichever is less;
145.1 (b) for a congressional office, five percent of the total number of individuals voting
145.2in the district at the last preceding state general election, or 1,000, whichever is less;
145.3 (c) for a county or legislative office, ten percent of the total number of individuals
145.4voting in the county or legislative district at the last preceding state or county general
145.5election, or 500, whichever is less;
145.6 (d) for a municipal office in a city of the first class, the number specified in section
145.8 (e) for any other municipal or school district office, ten percent of the total number
145.9of individuals voting in the municipality, ward, school district, or other election district
145.10at the last preceding municipal, or school district if applicable, general election, or 500,
145.11whichever is less.
145.12 Sec. 18. Minnesota Statutes 2006, section 205A.10, subdivision 1, is amended to read:
145.13 Subdivision 1. Materials, ballots. The school district clerk shall prepare and have
145.14printed the necessary election materials, including ballots, for a school district election.
145.15The
145.16
145.17
145.18
145.19manner provided in section 204D.08, subdivision 3, for state elections.
145.20 Sec. 19. Minnesota Statutes 2006, section 205A.11, subdivision 2, is amended to read:
145.21 Subd. 2. Combined polling place. When no other election is being held in two or
145.22more precincts on the day of a school district election, the school board may designate
145.23one or more combined polling places at which the voters in those precincts may vote in
145.24the school district election. In school districts that have organized into separate board
145.25member election districts under section 205A.12, a combined polling place for a school
145.26general election must be arranged so that it does not include more than one board member
145.27election district.
145.28 Sec. 20. Minnesota Statutes 2006, section 206.82, subdivision 2, is amended to read:
145.29 Subd. 2. Plan.
145.30where an electronic voting system is used and the county auditor of a county in which an
145.31electronic voting system is used in more than one municipality and the county auditor of
145.32a county in which a counting center serving more than one municipality is located shall
145.33prepare a plan which indicates acquisition of sufficient facilities, computer time, and
146.1professional services and which describes the proposed manner of complying with section
146.3than 60 days before the first election at which the municipality uses an electronic voting
146.4system. Prior to July 1 of each subsequent general election year, the clerk or auditor
146.5shall submit to the secretary of state notification of any changes to the plan on file with
146.6the secretary of state. The secretary of state shall review each plan for its sufficiency and
146.7may request technical assistance from the Department of Administration or other agency
146.8which may be operating as the central computer authority. The secretary of state shall
146.9notify each reporting authority of the sufficiency or insufficiency of its plan within 20 days
146.10of receipt of the plan. The attorney general, upon request of the secretary of state, may
146.11seek a district court order requiring an election official to fulfill duties imposed by this
146.12subdivision or by rules promulgated pursuant to this section.
146.13
146.14
146.15
146.16
146.17
146.18 Sec. 21. Laws 2004, chapter 293, article 1, section 37, subdivision 2, is amended to
146.19read:
146.20 Subd. 2. Social security number. A voter must not be included on the list of voters
146.21prepared under Minnesota Statutes, section
146.22incomplete because of a failure to match the last four digits of the voter's Social Security
146.23number until the commissioner of public safety has:
146.24 (1) entered into an agreement with the commissioner of the Social Security
146.25Administration under Minnesota Statutes, section
146.26four digits of a Social Security number to verify voter registration information;
146.27
146.28
146.29
146.30
146.31has been tested and shown to properly verify the last four digits of a voter's Social
146.32Security number.