Minnesota Legislature
HF 1481
1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
KEY: stricken = removed, old language.
underscored = added, new language.
1.1 A bill for an act 1.2 relating to government operations; appropriating money 1.3 for the general legislative and administrative 1.4 expenses of state government; regulating state and 1.5 local government operations; modifying provisions 1.6 related to public employment; ratifying certain labor 1.7 agreements and compensation plans; regulating 1.8 elections and campaign finance; regulating Minneapolis 1.9 teacher pensions; modifying provisions related to the 1.10 military and veterans; providing conforming 1.11 amendments; amending Minnesota Statutes 2004, sections 1.12 3.011; 3.012; 3.02; 3.922, subdivision 5; 3.9223, 1.13 subdivision 5; 3.9225, subdivision 5; 3.9226, 1.14 subdivision 5; 10A.01, subdivisions 5, 21, 23, 26; 1.15 10A.025, by adding a subdivision; 10A.071, subdivision 1.16 3; 10A.08; 10A.20, subdivisions 2, 5, by adding a 1.17 subdivision; 10A.27, subdivision 1; 10A.28, 1.18 subdivision 2; 10A.31, subdivisions 1, 3, 4, 5, 6a; 1.19 11A.04; 11A.07, subdivisions 4, 5; 11A.24, subdivision 1.20 6; 13.635, by adding a subdivision; 14.19; 15.054; 1.21 15B.17, subdivision 1; 16A.103, by adding a 1.22 subdivision; 16A.1286, subdivisions 2, 3; 16A.152, 1.23 subdivision 2; 16A.1522, subdivision 1; 16A.281; 1.24 16B.52, subdivision 1; 16C.10, subdivision 7; 16C.144; 1.25 16C.16, subdivision 1, by adding a subdivision; 1.26 16C.23, by adding a subdivision; 43A.183; 43A.23, 1.27 subdivision 1; 123B.63, subdivision 3; 126C.17, 1.28 subdivision 11; 190.16, by adding a subdivision; 1.29 192.19; 192.261, subdivisions 1, 2; 192.501, 1.30 subdivision 2; 193.29, subdivision 3; 193.30; 193.31; 1.31 197.608, subdivision 5; 200.02, subdivisions 7, 23, by 1.32 adding a subdivision; 201.022, by adding a 1.33 subdivision; 201.061, subdivision 3; 201.071, 1.34 subdivision 1; 201.091, subdivision 5; 203B.01, 1.35 subdivision 3; 203B.02, subdivision 1; 203B.04, 1.36 subdivisions 1, 4, by adding a subdivision; 203B.07, 1.37 subdivision 2; 203B.11, subdivision 1; 203B.12, 1.38 subdivision 2; 203B.20; 203B.21, subdivisions 1, 3; 1.39 203B.24, subdivision 1; 204B.10, subdivision 6; 1.40 204B.14, subdivision 2; 204B.16, subdivisions 1, 5; 1.41 204B.18, subdivision 1; 204B.22, subdivision 3; 1.42 204B.27, subdivisions 1, 3; 204B.33; 204C.05, 1.43 subdivision 1a, by adding a subdivision; 204C.08, 1.44 subdivision 1; 204C.24, subdivision 1; 204C.28, 1.45 subdivision 1; 204C.50, subdivision 1; 204D.03, 1.46 subdivision 1; 204D.14, subdivision 3; 204D.27, 2.1 subdivision 5; 205.10, subdivision 3; 205.175, 2.2 subdivision 2; 205A.05, subdivision 1; 205A.09, 2.3 subdivision 1; 206.56, subdivisions 2, 3, 7, 8, 9, by 2.4 adding subdivisions; 206.57, subdivisions 1, 5, by 2.5 adding a subdivision; 206.58, subdivision 1; 206.61, 2.6 subdivisions 4, 5; 206.64, subdivision 1; 206.80; 2.7 206.81; 206.82, subdivisions 1, 2; 206.83; 206.84, 2.8 subdivisions 1, 3, 6; 206.85, subdivision 1; 206.90, 2.9 subdivisions 1, 4, 5, 6, 8, 9; 208.03; 208.04, 2.10 subdivision 1; 208.05; 208.06; 208.07; 208.08; 2.11 211B.01, subdivision 3; 240A.02, subdivision 3; 2.12 354A.08; 354A.12, subdivisions 3a, 3b; 358.11; 373.40, 2.13 subdivision 2; 375.20; 394.25, by adding a 2.14 subdivision; 414.01, by adding a subdivision; 447.32, 2.15 subdivision 4; 458.40; 462.357, by adding a 2.16 subdivision; 465.82, subdivision 2; 465.84; 469.053, 2.17 subdivision 5; 469.0724; 469.190, subdivision 5; 2.18 471.345, by adding a subdivision; 471.975; 473.147, by 2.19 adding a subdivision; 475.521, subdivision 2; 475.58, 2.20 subdivisions 1, 1a; 475.59; Laws 2000, chapter 461, 2.21 article 4, section 4, as amended; proposing coding for 2.22 new law in Minnesota Statutes, chapters 3; 4; 5; 6; 8; 2.23 14; 15; 15B; 16A; 16B; 16C; 43A; 196; 197; 204D; 205; 2.24 205A; 206; 298; 354A; 414; 471; proposing coding for 2.25 new law as Minnesota Statutes, chapter 471B; repealing 2.26 Minnesota Statutes 2004, sections 3.9222; 16A.151, 2.27 subdivision 5; 16A.30; 43A.11, subdivision 2; 197.455, 2.28 subdivision 3; 204B.22, subdivision 2; 204C.05, 2.29 subdivisions 1a, 1b; 204C.50, subdivision 7; 205.175; 2.30 205A.09; 240A.08; 354A.28; Minnesota Rules, parts 2.31 4501.0300, subparts 1, 4; 4501.0500, subpart 4; 2.32 4501.0600; 4503.0200, subpart 4; 4503.0300, subpart 2; 2.33 4503.0400, subpart 2; 4503.0500, subpart 9; 4503.0800, 2.34 subpart 1. 2.35 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.36 ARTICLE 1 2.37 STATE GOVERNMENT APPROPRIATIONS 2.38 Section 1. [STATE GOVERNMENT APPROPRIATIONS.] 2.39 The sums shown in the columns marked "APPROPRIATIONS" are 2.40 appropriated from the general fund, or another fund named, to 2.41 the agencies and for the purposes specified in this act, to be 2.42 available for the fiscal years indicated for each purpose. The 2.43 figures "2006" and "2007," where used in this act, mean that the 2.44 appropriation or appropriations listed under them are available 2.45 for the year ending June 30, 2006, or June 30, 2007, 2.46 respectively. 2.47 APPROPRIATIONS 2.48 Available for the Year 2.49 Ending June 30 2.50 2006 2007 2.51 Sec. 2. LEGISLATURE 2.52 Subdivision 1. Total 2.53 Appropriation $ 55,340,000 $ 55,341,000 2.54 Summary by Fund 3.1 General 55,212,000 55,213,000 3.2 Health Care Access 128,000 128,000 3.3 The limitations on use of funds 3.4 specified in Minnesota Statutes, 3.5 section 16A.281, does not apply to any 3.6 entity in the legislative branch during 3.7 the biennium ending June 30, 2007. 3.8 The amounts that may be spent from this 3.9 appropriation for each program are 3.10 specified in the following subdivisions. 3.11 Subd. 2. Senate 3.12 17,644,000 17,645,000 3.13 During the biennium ending June 30, 3.14 2007, the senate may not reimburse a 3.15 member for monthly housing expenses for 3.16 more than six months in a calendar year. 3.17 Subd. 3. House of Representatives 3.18 25,343,000 25,343,000 3.19 Subd. 4. Legislative 3.20 Coordinating Commission 3.21 12,353,000 12,353,000 3.22 Summary by Fund 3.23 General 12,225,000 12,225,000 3.24 Health Care Access 128,000 128,000 3.25 $360,000 the first year and $360,000 3.26 the second year are for public 3.27 information television, Internet, 3.28 Intranet, and other transmission of 3.29 legislative activities. 3.30 The Legislative Coordinating 3.31 Commission, in consultation with the 3.32 house of representatives and senate, 3.33 shall recommend the allocation of funds 3.34 within this subdivision. 3.35 On July 1, 2005, the commissioner of 3.36 finance shall transfer $1,764,000 of 3.37 unspent fees from the special revenue 3.38 fund dedicated for the Electronic Real 3.39 Estate Recording Task Force to the 3.40 general fund. 3.41 On July 1, 2005, the commissioner of 3.42 finance shall transfer $3,329,000 of 3.43 the senate accumulated carryforward 3.44 account balance to the general fund. 3.45 Sec. 3. GOVERNOR AND 3.46 LIEUTENANT GOVERNOR 3,497,000 3,496,000 3.47 This appropriation is to fund the 3.48 offices of the governor and lieutenant 3.49 governor. 3.50 $19,000 the first year and $19,000 the 3.51 second year are for necessary expenses 4.1 in the normal performance of the 4.2 governor's and lieutenant governor's 4.3 duties for which no other reimbursement 4.4 is provided. 4.5 Sec. 4. STATE AUDITOR 9,266,000 9,303,000 4.6 $1,010,000 the first year and 4.7 $1,047,000 the second year are to 4.8 restore audit practice division 4.9 staffing levels that were reduced in 4.10 the previous biennium. 4.11 Sec. 5. ATTORNEY GENERAL 24,677,000 24,718,000 4.12 Summary by Fund 4.13 General 22,270,000 22,295,000 4.14 State Government 4.15 Special Revenue 1,778,000 1,794,000 4.16 Environmental 145,000 145,000 4.17 Remediation 484,000 484,000 4.18 Sec. 6. SECRETARY OF STATE 5,867,000 6,038,000 4.19 Sec. 7. CAMPAIGN FINANCE AND 4.20 PUBLIC DISCLOSURE BOARD 694,000 694,000 4.21 Sec. 8. INVESTMENT BOARD 217,000 217,000 4.22 Sec. 9. ADMINISTRATIVE HEARINGS 7,714,000 7,620,000 4.23 Summary by Fund 4.24 General 262,000 262,000 4.25 Workers' 4.26 Compensation 7,452,000 7,358,000 4.27 Fee rates charged during fiscal years 4.28 2006 and 2007 by the Administrative Law 4.29 Division of the Office of 4.30 Administrative Hearings shall be those 4.31 approved by the commissioner of finance 4.32 pursuant to Minnesota Statutes, section 4.33 16A.126. 4.34 Sec. 10. ADMINISTRATION 4.35 Subdivision 1. Total 4.36 Appropriation 28,394,000 21,442,000 4.37 The amounts that may be spent from this 4.38 appropriation for each program are 4.39 specified in the following subdivisions. 4.40 Subd. 2. Technology Services 4.41 1,803,000 1,803,000 4.42 Subd. 3. State Facilities Services 4.43 17,598,000 10,946,000 4.44 $6,652,000 the first year is for 4.45 onetime funding of agency relocation 4.46 expenses. The Department of Human 4.47 Services will obtain federal 5.1 reimbursement for associated relocation 5.2 expenses. This amount, estimated to be 5.3 $1,870,000, will be deposited in the 5.4 general fund. 5.5 $7,888,000 the first year and 5.6 $7,888,000 the second year are for 5.7 office space costs of the legislature 5.8 and veterans organizations, for 5.9 ceremonial space, and for statutorily 5.10 free space. 5.11 $2,000,000 of the balance in the state 5.12 building code account in the state 5.13 government special revenue fund is 5.14 canceled to the general fund. 5.15 $2,500,000 the first year and 5.16 $2,500,000 the second year of the 5.17 balance in the facilities repair and 5.18 replacement account in the special 5.19 revenue fund is canceled to the general 5.20 fund. 5.21 Subd. 4. State and Community Services 5.22 2,665,000 2,465,000 5.23 $458,000 the first year and $258,000 5.24 the second year are for the Land 5.25 Management Information Center. 5.26 Subd. 5. Administrative Management Services 5.27 4,662,000 4,562,000 5.28 $100,000 the first year is for a 5.29 onetime grant to Assistive Technology 5.30 of Minnesota to administer a microloan 5.31 program to support purchase of 5.32 equipment and devices for people with 5.33 disabilities and their families and 5.34 employers, and to develop the Access to 5.35 Telework program. 5.36 Subd. 6. Public Broadcasting 5.37 1,666,000 1,666,000 5.38 $951,000 the first year and $951,000 5.39 the second year are for matching grants 5.40 for public television. 5.41 $393,000 the first year and $393,000 5.42 the second year are for public 5.43 television equipment grants. 5.44 Equipment or matching grant allocations 5.45 shall be made after considering the 5.46 recommendations of the Minnesota Public 5.47 Television Association. 5.48 $17,000 the first year and $17,000 the 5.49 second year are for grants to the Twin 5.50 Cities regional cable channel. 5.51 $305,000 the first year and $305,000 5.52 the second year are for community 5.53 service grants to public educational 5.54 radio stations. The grants must be 5.55 allocated after considering the 6.1 recommendations of the Association of 6.2 Minnesota Public Educational Radio 6.3 Stations under Minnesota Statutes, 6.4 section 129D.14. 6.5 Sec. 11. CAPITOL AREA ARCHITECTURAL 6.6 AND PLANNING BOARD 262,000 262,000 6.7 Sec. 12. FINANCE 6.8 Subdivision 1. Total 6.9 Appropriation 14,808,000 14,808,000 6.10 The amounts that may be spent from this 6.11 appropriation for each program are 6.12 specified in the following subdivisions. 6.13 Subd. 2. State Financial Management 6.14 8,447,000 8,447,000 6.15 Subd. 3. Information and 6.16 Management Services 6.17 6,361,000 6,361,000 6.18 Sec. 13. EMPLOYEE RELATIONS 5,667,000 5,556,000 6.19 Sec. 14. REVENUE 6.20 Subdivision 1. Total 6.21 Appropriation 99,911,000 102,635,000 6.22 Summary by Fund 6.23 General 95,869,000 98,593,000 6.24 Health Care Access 1,654,000 1,654,000 6.25 Highway User 6.26 Tax Distribution 2,097,000 2,097,000 6.27 Environmental 291,000 291,000 6.28 The amounts that may be spent from this 6.29 appropriation for each program are 6.30 specified in the following subdivisions. 6.31 Subd. 2. Tax System Management 6.32 83,497,000 85,591,000 6.33 Summary by Fund 6.34 General 79,455,000 81,549,000 6.35 Health Care Access 1,654,000 1,654,000 6.36 Highway User 6.37 Tax Distribution 2,097,000 2,097,000 6.38 Environmental 291,000 291,000 6.39 $5,096,000 the first year and 6.40 $6,190,000 the second year are for 6.41 additional activities to identify and 6.42 collect tax liabilities from 6.43 individuals and businesses that 6.44 currently do not pay all taxes owed. 6.45 This initiative is expected to result 6.46 in new general fund revenues of 7.1 $42,800,000 for the biennium ending 7.2 June 30, 2007. 7.3 The department must report to the 7.4 chairs of the house of representatives 7.5 Ways and Means and senate Finance 7.6 Committees by March 1, 2006, and 7.7 January 15, 2007, on the following 7.8 performance indicators: 7.9 (1) the number of corporations 7.10 noncompliant with the corporate tax 7.11 system each year and the percentage and 7.12 dollar amounts of valid tax liabilities 7.13 collected; 7.14 (2) the number of businesses 7.15 noncompliant with the sales and use tax 7.16 system and the percentage and dollar 7.17 amount of the valid tax liabilities 7.18 collected; and 7.19 (3) the number of individual 7.20 noncompliant cases resolved and the 7.21 percentage and dollar amounts of valid 7.22 tax liabilities collected. 7.23 The reports must also identify 7.24 base-level expenditures and staff 7.25 positions related to compliance and 7.26 audit activities, including baseline 7.27 information as of January 1, 2004. The 7.28 information must be provided at the 7.29 budget activity level. 7.30 Subd. 3. Accounts Receivable Management 7.31 16,414,000 17,044,000 7.32 $690,000 the first year and $1,320,000 7.33 the second year are for additional 7.34 activities to identify and collect tax 7.35 liabilities from individuals and 7.36 businesses that currently do not pay 7.37 all taxes owed. This initiative is 7.38 expected to result in new general 7.39 revenues of $25,200,000 for the 7.40 biennium ending June 30, 2007. 7.41 Subd. 4. Reduction 7.42 The commissioner of finance must reduce 7.43 the total appropriation in this section 7.44 by the amount the commissioner 7.45 determines was spent on replacement of 7.46 modular walls in the collection 7.47 division. This reduction must be 7.48 allocated to the collection division. 7.49 Sec. 15. MILITARY AFFAIRS 7.50 Subdivision 1. Total 7.51 Appropriation 17,589,000 17,589,000 7.52 The amounts that may be spent from this 7.53 appropriation for each program are 7.54 specified in the following subdivisions. 7.55 Subd. 2. Maintenance of Training 7.56 Facilities 8.1 5,590,000 5,590,000 8.2 Subd. 3. General Support 8.3 1,792,000 1,792,000 8.4 $35,000 each year is to assist in the 8.5 operation and staffing of the National 8.6 Guard Youth Camp at Camp Ripley. This 8.7 appropriation is contingent on a 8.8 dollar-for-dollar match from nonstate 8.9 sources. 8.10 This appropriation is for fiscal year 8.11 2006 and fiscal year 2007 only and 8.12 should not be added to the base. 8.13 Subd. 4. Enlistment Incentives 8.14 10,207,000 10,207,000 8.15 $3,850,000 each year is to provide the 8.16 additional amount needed for full 8.17 funding of the tuition reimbursement 8.18 program in Minnesota Statutes, section 8.19 192.501, subdivision 2. 8.20 $1,500,000 each year is for 8.21 reenlistment bonuses under Minnesota 8.22 Statutes, section 192.501, subdivision 8.23 1b. 8.24 If appropriations for either year of 8.25 the biennium are insufficient, the 8.26 appropriation from the other year is 8.27 available. The appropriations for 8.28 enlistment incentives are available 8.29 until expended. 8.30 Sec. 16. VETERANS AFFAIRS 4,382,000 4,282,000 8.31 $250,000 the first year and $250,000 8.32 the second year are for outreach to 8.33 underserved veterans including, but not 8.34 limited to, veterans of color, female 8.35 veterans, veterans of limited financial 8.36 means, and the dependents and survivors 8.37 of those veterans. This is a onetime 8.38 appropriation and must not be added to 8.39 the base. The commissioner must report 8.40 to the legislature by January 15, 2007, 8.41 on the results of the initiative, 8.42 including additional federal benefits 8.43 obtained as a result of the initiative. 8.44 $100,000 the first year is for grants 8.45 to provide services to veterans for 8.46 vocational rehabilitation, 8.47 developmental disabilities, or chemical 8.48 dependency. 8.49 Sec. 17. VETERANS OF FOREIGN 8.50 WARS 85,000 85,000 8.51 For carrying out the provisions of Laws 8.52 1945, chapter 455. 8.53 Sec. 18. MILITARY ORDER OF 8.54 THE PURPLE HEART 25,000 25,000 8.55 Sec. 19. DISABLED AMERICAN VETERANS 53,000 53,000 9.1 For carrying out the provisions of Laws 9.2 1941, chapter 425. 9.3 Sec. 20. GAMBLING CONTROL 2,800,000 2,800,000 9.4 This appropriation is from the special 9.5 revenue fund and is made from the 9.6 lawful gambling regulation account. 9.7 Sec. 21. RACING COMMISSION 674,000 835,000 9.8 (a) This appropriation is from the 9.9 special revenue fund and is made from 9.10 the racing and card playing regulation 9.11 account. 9.12 (b) $253,000 for the fiscal year ending 9.13 June 30, 2006, and $414,000 for the 9.14 fiscal year ending June 30, 2007, are 9.15 from the racing and card playing 9.16 regulation account in the special 9.17 revenue fund. The Racing Commission 9.18 must file monthly expenditure reports 9.19 with the commissioner of finance for 9.20 money spent from the appropriation in 9.21 this paragraph. 9.22 (c) The racing commission may not hire 9.23 new employees or enter into new 9.24 contracts with money subject to 9.25 paragraph (b) before resolution of the 9.26 petition for judicial review filed by 9.27 the Columbus Concerned Citizens Group. 9.28 Sec. 22. STATE LOTTERY 9.29 Notwithstanding Minnesota Statutes, 9.30 section 349A.10, the operating budget 9.31 must not exceed $26,700,000 in fiscal 9.32 year 2006 and $27,350,000 in fiscal 9.33 year 2007 and thereafter. 9.34 On July 1, 2005, the director of the 9.35 State Lottery shall transfer unclaimed 9.36 prize funds in the amount of $2,187,000 9.37 accumulated prior to July 1, 2003, to 9.38 the state treasury. The prize funds, 9.39 that had not otherwise been 9.40 transferred, will be credited 9.41 $1,312,000, or 60 percent, to the 9.42 general fund and $875,000, or 40 9.43 percent, to the environment and natural 9.44 resources trust fund. 9.45 Sec. 23. TORT CLAIMS 161,000 161,000 9.46 To be spent by the commissioner of 9.47 finance. 9.48 If the appropriation for either year is 9.49 insufficient, the appropriation for the 9.50 other year is available for it. 9.51 Sec. 24. MINNESOTA STATE 9.52 RETIREMENT SYSTEM 1,176,000 1,205,000 9.53 The amounts estimated to be needed for 9.54 each program are as follows: 9.55 (a) Legislators 10.1 783,000 802,000 10.2 Under Minnesota Statutes, sections 10.3 3A.03, subdivision 2; 3A.04, 10.4 subdivisions 3 and 4; and 3A.115. 10.5 (b) Constitutional Officers 10.6 393,000 403,000 10.7 Under Minnesota Statutes, sections 10.8 352C.031, subdivision 5; 352C.04, 10.9 subdivision 3; and 352C.09, subdivision 10.10 2. 10.11 If an appropriation in this section for 10.12 either year is insufficient, the 10.13 appropriation for the other year is 10.14 available for it. 10.15 Sec. 25. MINNEAPOLIS EMPLOYEES 10.16 RETIREMENT FUND 8,065,000 8,065,000 10.17 The amounts estimated to be needed 10.18 under Minnesota Statutes, section 10.19 422A.101, subdivision 3. 10.20 Sec. 26. MINNEAPOLIS TEACHERS 10.21 RETIREMENT FUND 15,800,000 15,800,000 10.22 The amounts estimated to be needed are 10.23 as follows: 10.24 (a) Special direct state aid to first 10.25 class city teachers retirement funds 10.26 13,300,000 13,300,000 10.27 Authorized under Minnesota Statutes, 10.28 section 354A.12, subdivisions 3a and 3c. 10.29 (b) Special direct state matching aid 10.30 to Minneapolis Teachers Retirement Fund 10.31 2,500,000 2,500,000 10.32 Authorized under Minnesota Statutes, 10.33 section 354A.12, subdivision 3b. 10.34 Sec. 27. ST. PAUL TEACHERS 10.35 RETIREMENT FUND 2,967,000 2,967,000 10.36 The amounts estimated to be needed for 10.37 special direct state aid to first class 10.38 city teachers retirement funds 10.39 authorized under Minnesota Statutes, 10.40 section 354A.12, subdivisions 3a and 3c. 10.41 Sec. 28. COUNCIL ON BLACK 10.42 MINNESOTANS 275,000 275,000 10.43 Sec. 29. COUNCIL ON 10.44 CHICANO/LATINO AFFAIRS 268,000 268,000 10.45 Sec. 30. COUNCIL ON 10.46 ASIAN-PACIFIC MINNESOTANS 237,000 237,000 10.47 Sec. 31. SHARED SERVICES ENCOURAGED 10.48 During the biennium ending June 30, 10.49 2007, the Council on Black Minnesotans, 11.1 the Council on Asian-Pacific 11.2 Minnesotans, and the Council on Affairs 11.3 of Chicano/Latino people are encouraged 11.4 to increase sharing of administrative 11.5 staff and office space. 11.6 Sec. 32. INDIAN AFFAIRS 11.7 COUNCIL 470,000 470,000 11.8 Sec. 33. GENERAL CONTINGENT 11.9 ACCOUNTS 600,000 500,000 11.10 Summary by Fund 11.11 General 100,000 ...,...,... 11.12 State Government 11.13 Special Revenue 400,000 400,000 11.14 Workers' 11.15 Compensation 100,000 100,000 11.16 The appropriations in this section may 11.17 only be spent with the approval of the 11.18 governor after consultation with the 11.19 Legislative Advisory Commission 11.20 pursuant to Minnesota Statutes, section 11.21 3.30. 11.22 If an appropriation in this section for 11.23 either year is insufficient, the 11.24 appropriation for the other year is 11.25 available for it. 11.26 If a contingent account appropriation 11.27 is made in one fiscal year, it should 11.28 be considered a biennial appropriation. 11.29 Sec. 34. GRANTS 11.30 Grants made from appropriations in this 11.31 act must be divided so that payments 11.32 are made at least four times each year. 11.33 Sec. 35. RACING COMMISSION APPROPRIATION 11.34 $156,000 is appropriated to the 11.35 Minnesota Racing Commission from the 11.36 racing and card playing regulation 11.37 account in the special revenue fund for 11.38 the fiscal year ending June 30, 2005. 11.39 $113,000 of this appropriation is from 11.40 the interim license fee authorized by 11.41 Laws 2003, First Special Session 11.42 chapter 1, article 2, section 69, and 11.43 is intended to defray the regulatory 11.44 oversight and legal costs associated 11.45 with the class A license approved by 11.46 the commission on January 19, 2005. 11.47 This appropriation does not cancel, but 11.48 carries forward into the following 11.49 fiscal year. The racing commission may 11.50 not hire new employees or enter into 11.51 new contracts with money in this 11.52 section before resolution of the 11.53 petition for judicial review filed by 11.54 the Columbus Concerned Citizens Group. 11.55 This section is effective the day 11.56 following final enactment. 12.1 ARTICLE 2 12.2 STATE GOVERNMENT OPERATIONS 12.3 Section 1. Minnesota Statutes 2004, section 3.011, is 12.4 amended to read: 12.5 3.011 [SESSIONS.] 12.6 The legislature shall meet at the seat of government on the 12.7 first Tuesday after the first Monday in January of each 12.8 odd-numbered year. When the first Monday in January falls on 12.9 January 1, it shall meet on the first Wednesday after the first 12.10 Monday. The legislature may not meet in regular session in an 12.11 even-numbered year before April 1. It shall also meet when 12.12 called by the governor to meet in special session. 12.13 Sec. 2. Minnesota Statutes 2004, section 3.012, is amended 12.14 to read: 12.15 3.012 [LEGISLATIVE DAY.] 12.16 A legislative day is a day when either house of the 12.17 legislature is called to order or when a standing committee of 12.18 either house of the legislature meets. A legislative day begins 12.19 at seven o'clock a.m. and continues until seven o'clock a.m. of 12.20 the following calendar day. 12.21 Sec. 3. [3.194] [REVENUE FROM PUBLICATIONS; MEDIA 12.22 PRODUCTIONS.] 12.23 (a) The house of representatives and the senate must: 12.24 (1) solicit paid advertising in weekly news magazines 12.25 published by legislative staff; and 12.26 (2) accept donations and solicit sponsorships for media 12.27 productions that provide the public access to legislative 12.28 proceedings. 12.29 (b) The house of representatives and the senate may accept 12.30 donations for weekly news magazines published by legislative 12.31 staff. 12.32 (c) The house of representatives and the senate may solicit 12.33 advertising in legislative directories published by legislative 12.34 staff. 12.35 (d) Revenue received by the house of representatives and 12.36 senate under this section is appropriated to the house of 13.1 representatives or the senate, as applicable. 13.2 Sec. 4. [3.1941] [PUBLIC INFORMATION.] 13.3 The house of representatives and the senate must publish a 13.4 combined schedule of house and senate committee meetings and 13.5 floor sessions. The combined schedule must be based on the 13.6 electronic database-driven schedule system developed by the 13.7 house of representatives. 13.8 Any nonpartisan, weekly news magazine providing information 13.9 to the public about the legislature, the legislative process, or 13.10 legislative proceedings must be a joint printed publication of 13.11 the house of representatives and the senate. Editorial control 13.12 under this section is the responsibility of the house of 13.13 representatives. 13.14 Sec. 5. [3.306] [MEETING TIMES.] 13.15 The house of representatives and the senate must adopt 13.16 rules that set one time as the regular hour of convening daily 13.17 sessions in both houses. 13.18 Sec. 6. [3.3061] [JOINT STANDING COMMITTEES.] 13.19 The house of representatives and the senate are encouraged 13.20 to adopt rules that: (1) establish a system of joint standing 13.21 committees to consider and report on legislation and conduct 13.22 other legislative business, except that each house may establish 13.23 separately a committee on rules and administration and a 13.24 committee on ethics; or (2) provide that house and senate 13.25 committees with similar jurisdiction will meet at the same time, 13.26 to facilitate joint meetings. 13.27 Sec. 7. [3.3062] [WIRELESS INTERNET.] 13.28 If nonstate funds are available, the Legislative 13.29 Coordinating Commission must establish wireless Internet service 13.30 in the Capitol building and the State Office Building, and must 13.31 make this service available to the public. The commission may 13.32 establish any necessary security features related to use of this 13.33 service. 13.34 Sec. 8. Minnesota Statutes 2004, section 3.922, 13.35 subdivision 5, is amended to read: 13.36 Subd. 5. [OFFICERS; PERSONNEL; AUTHORITY.] The council 14.1 shall annually elect a chair and other officers as it may deem 14.2 necessary. The chair may appoint subcommittees necessary to 14.3 fulfill the duties of the council.ItThe governor must appoint 14.4 an executive director of the council. The council shallalso14.5 employ and prescribe the duties of employees and agents as it 14.6 deems necessary. The compensation of the executive director of 14.7 the board is as provided by section 43A.18. All employees are 14.8 in the unclassified service. The chair is an ex officio member 14.9 of the State Board of Human Rights. Appropriations and other 14.10 funds of the council are subject to chapter 16C. The council 14.11 may contract in its own name. Contracts must be approved by a 14.12 majority of the members of the council and executed by the chair 14.13 and the executive director. The council may apply for, receive, 14.14 and spend in its own name, grants and gifts of money consistent 14.15 with the powers and duties specified in this section. The 14.16 council shall maintain its primary office in Bemidji. It shall 14.17 also maintain personnel and office space in St. Paul. 14.18 Sec. 9. Minnesota Statutes 2004, section 3.9223, 14.19 subdivision 5, is amended to read: 14.20 Subd. 5. [POWERS.] The council may contract in its own 14.21 name. Contracts must be approved by a majority of the members 14.22 of the council and executed by the chair and the executive 14.23 director. The council may apply for, receive, and expend in its 14.24 own name grants and gifts of money consistent with the power and 14.25 duties specified in this section. 14.26 Thecouncilgovernor shall appoint an executive director 14.27 who is experienced in administrative activities and familiar 14.28 with the problems and needs of Chicano/Latino people. The 14.29 council may delegate to the executive director powers and duties 14.30 under this section that do not require council approval. The 14.31 executive director and council staff serve in the unclassified 14.32 service. The executive director may be removed at any time bya14.33majority vote of the entire councilthe governor. The executive 14.34 director shall recommend to the council the appropriate staffing 14.35 necessary to carry out its duties. The commissioner of 14.36 administration shall provide the council with necessary 15.1 administrative services. 15.2 Sec. 10. Minnesota Statutes 2004, section 3.9225, 15.3 subdivision 5, is amended to read: 15.4 Subd. 5. [POWERS.] The council may contract in its own 15.5 name, but no money shall be accepted or received as a loan nor 15.6 indebtedness incurred except as otherwise provided by law. 15.7 Contracts shall be approved by a majority of the members of the 15.8 council and executed by the chair and the executive director. 15.9 The council may apply for, receive, and expend in its own name 15.10 grants and gifts of money consistent with the power and duties 15.11 specified in subdivisions 1 to 7. 15.12 Thecouncilgovernor shall appoint an executive director 15.13 who is experienced in administrative activities and familiar 15.14 with the problems and needs of Black people. The council may 15.15 delegate to the executive director powers and duties under 15.16 subdivisions 1 to 7 which do not require council approval. The 15.17 executive director serves in the unclassified service and may be 15.18 removed at any time by thecouncilgovernor. The executive 15.19 director shall recommend to the council, and the council may 15.20 appoint the appropriate staff necessary to carry out its 15.21 duties. Staff members serve in the unclassified service. The 15.22 commissioner of administration shall provide the council with 15.23 necessary administrative services. 15.24 Sec. 11. Minnesota Statutes 2004, section 3.9226, 15.25 subdivision 5, is amended to read: 15.26 Subd. 5. [POWERS.] (a) The council may contract in its own 15.27 name but may not accept or receive a loan or incur indebtedness 15.28 except as otherwise provided by law. Contracts must be approved 15.29 by a majority of the members of the council and executed by the 15.30 chair and the executive director. The council may apply for, 15.31 receive, and expend in its own name grants and gifts of money 15.32 consistent with the powers and duties specified in this section. 15.33 (b) Thecouncilgovernor shall appoint an executive 15.34 director who is experienced in administrative activities and 15.35 familiar with the problems and needs of Asian-Pacific people. 15.36 The council may delegate to the executive director powers and 16.1 duties under this section that do not require council approval. 16.2 The executive director serves in the unclassified service and 16.3 may be removed at any time by thecouncilgovernor. The 16.4 executive director shall appoint the appropriate staff necessary 16.5 to carry out the duties of the council. All staff members serve 16.6 in the unclassified service. The commissioner of administration 16.7 shall provide the council with necessary administrative services. 16.8 Sec. 12. [4.48] [FAITH-BASED INITIATIVES.] 16.9 The governor must designate an employee in the governor's 16.10 office to coordinate faith-based initiatives. 16.11 Sec. 13. [5.31] [STATEWIDE VOTER REGISTRATION SYSTEM.] 16.12 The secretary of state may sell intellectual property 16.13 rights associated with the statewide voter registration system 16.14 to other states or to units of local government in other states. 16.15 Sec. 14. [6.80] [RULE AND LAW WAIVER REQUESTS.] 16.16 Subdivision 1. [GENERALLY.] (a) Except as provided in 16.17 paragraph (b), a local government unit may request the state 16.18 auditor to grant a waiver from one or more administrative rules 16.19 or a temporary, limited exemption from enforcement of state 16.20 procedural laws governing delivery of services by the local 16.21 government unit. Two or more local government units may submit 16.22 a joint application for a waiver or exemption under this section 16.23 if they propose to cooperate in providing a service or program 16.24 that is subject to the rule or law. Before submitting an 16.25 application to the state auditor, the governing body of the 16.26 local government unit must approve, in concept, the proposed 16.27 waiver or exemption at a meeting required to be public under 16.28 chapter 13D. A local government unit or two or more units 16.29 acting jointly may apply for a waiver or exemption on behalf of 16.30 a nonprofit organization providing services to clients whose 16.31 costs are paid by the unit or units. A waiver or exemption 16.32 granted to a nonprofit organization under this section applies 16.33 to services provided to all the organization's clients. 16.34 (b) A school district that is granted a variance from rules 16.35 of the commissioner of education under section 122A.163, need 16.36 not apply for a waiver of those rules under this section. A 17.1 school district may not seek a waiver of rules under this 17.2 section if the commissioner of education has authority to grant 17.3 a variance to the rules under section 122A.163. This paragraph 17.4 does not preclude a school district from being included in a 17.5 cooperative effort with another local government unit under this 17.6 section. 17.7 (c) Before petitioning the State Auditor's Office for an 17.8 exemption from an administrative rule, the petitioner must have 17.9 requested and been denied such an exemption from the appropriate 17.10 agency pursuant to sections 14.055 and 14.056. 17.11 Subd. 2. [APPLICATION.] A local government unit requesting 17.12 a waiver of a rule or exemption from enforcement of a law under 17.13 this section shall present a written application to the state 17.14 auditor. The application must include: 17.15 (1) the name and address of the entity for whom a waiver of 17.16 a rule or exemption from enforcement of a law is being 17.17 requested; 17.18 (2) identification of the service or program at issue; 17.19 (3) identification of the administrative rule or the law 17.20 imposing a procedural requirement with respect to which the 17.21 waiver or exemption is sought; 17.22 (4) a description of the improved service outcome sought, 17.23 including an explanation of the effect of the waiver or 17.24 exemption in accomplishing that outcome, and why that outcome 17.25 cannot be accomplished under established rules or laws; 17.26 (5) information on the State Auditor's Office treatment on 17.27 similar cases; 17.28 (6) the name, address, and telephone number of any person, 17.29 business, or other government unit the petitioner knows would be 17.30 adversely affected by the grant of the petition; and 17.31 (7) a signed statement as to the accuracy of the facts 17.32 presented. 17.33 A copy of the application must be provided by the requesting 17.34 local government unit to the exclusive representative certified 17.35 under section 179A.12 to represent employees who provide the 17.36 service or program affected by the requested waiver or exemption. 18.1 Subd. 3. [REVIEW PROCESS.] (a) Upon receipt of an 18.2 application from a local government unit, the state auditor 18.3 shall review the application. The state auditor shall dismiss 18.4 an application if the application proposes a waiver of rules or 18.5 exemption from enforcement of laws that would result in due 18.6 process violations, violations of federal law or the state or 18.7 federal constitution, or the loss of services to people who are 18.8 entitled to them. 18.9 (b) The state auditor shall determine whether a law from 18.10 which an exemption for enforcement is sought is a procedural 18.11 law, specifying how a local government unit is to achieve an 18.12 outcome, rather than a substantive law prescribing the outcome 18.13 or otherwise establishing policy. In making its determination, 18.14 the state auditor shall consider whether the law specifies such 18.15 requirements as: 18.16 (1) who must deliver a service; 18.17 (2) where the service must be delivered; 18.18 (3) to whom and in what form reports regarding the service 18.19 must be made; and 18.20 (4) how long or how often the service must be made 18.21 available to a given recipient. 18.22 (c) If the application is submitted by a local government 18.23 unit in the metropolitan area or the unit requests a waiver of a 18.24 rule or temporary, limited exemptions from enforcement of a 18.25 procedural law over which the Metropolitan Council or a 18.26 metropolitan agency has jurisdiction, the state auditor shall 18.27 also transmit a copy of the application to the council for 18.28 review and comment. The council shall report its comments to 18.29 the board within 60 days of the date the application was 18.30 transmitted to the council. The council may point out any 18.31 resources or technical assistance it may be able to provide a 18.32 local government unit submitting a request under this section. 18.33 (d) Within 15 days after receipt of the application, the 18.34 state auditor shall transmit a copy of it to the commissioner of 18.35 each agency having jurisdiction over a rule or law from which a 18.36 waiver or exemption is sought. The agency may mail a notice 19.1 that it has received an application for a waiver or exemption to 19.2 all persons who have registered with the agency under section 19.3 14.14, subdivision 1a, identifying the rule or law from which a 19.4 waiver or exemption is requested. If no agency has jurisdiction 19.5 over the rule or law, the state auditor shall transmit a copy of 19.6 the application to the attorney general. The agency shall 19.7 inform the state auditor of its agreement with or objection to 19.8 and grounds for objection to the waiver or exemption request 19.9 within 60 days of the date when the application was transmitted 19.10 to it. An agency's failure to do so is considered agreement to 19.11 the waiver or exemption. The state auditor shall decide whether 19.12 to grant a waiver or exemption at the end of the 60-day response 19.13 period. Interested persons may submit written comments to the 19.14 state auditor on the waiver or exemption request up to the end 19.15 of the 60-day response period. 19.16 (e) If the exclusive representative of the affected 19.17 employees of the requesting local government unit objects to the 19.18 waiver or exemption request, it may inform the state auditor of 19.19 the objection to and the grounds for the objection to the waiver 19.20 or exemption request within 60 days of the receipt of the 19.21 application. 19.22 Subd. 4. [HEARING.] If a state agency has objected to a 19.23 waiver or exemption request, the State Auditor's Office shall 19.24 set a date for a hearing on the applications. The hearing must 19.25 be conducted informally at a time and place determined by all 19.26 parties. Persons representing the local government unit shall 19.27 present their case for the waiver or exemption, and persons 19.28 representing the agency shall explain the agency's objection to 19.29 it. The state auditor may request additional information from 19.30 either party. The state auditor may also request, either before 19.31 or at the hearing, information or comments from representatives 19.32 of business, labor, local governments, state agencies, 19.33 consultants, and members of the public. If necessary, the 19.34 hearing may be continued for a later date. The state auditor 19.35 may modify the terms of the waiver or exemption request in 19.36 arriving at the agreement required under subdivision 5. 20.1 Subd. 5. [CONDITIONS OF AGREEMENTS.] (a) In determining 20.2 whether to grant a petition for a waiver of a rule or exemption 20.3 from enforcement of a law, the state auditor should consider the 20.4 following factors: 20.5 (1) whether there is a true and unique impediment under 20.6 current law to accomplishing the goal of the local government 20.7 unit; 20.8 (2) granting the waiver of a rule or exemption from 20.9 enforcement of law will only change procedural requirements of a 20.10 local government unit; 20.11 (3) the purpose of any rule or law that is waived is still 20.12 being met in another manner; 20.13 (4) granting the proposed waiver of a rule or exemption 20.14 from enforcement of a law would result in a more efficient means 20.15 of providing government services; and 20.16 (5) granting the proposed waiver will not have a 20.17 significant negative impact on other state government, local 20.18 government units, businesses, or citizens. 20.19 (b) If the state auditor grants a request for a waiver or 20.20 exemption, the state auditor and the local government unit shall 20.21 enter into an agreement providing for the delivery of the 20.22 service or program that is the subject of the application. The 20.23 agreement must specify desired outcomes, the reasons why the 20.24 desired outcomes cannot be met under current laws or rules, and 20.25 the means of measurement by which the state auditor will 20.26 determine whether the outcomes specified in the agreement have 20.27 been met. The agreement must specify the duration of the waiver 20.28 or exemption. The duration of a waiver from an administrative 20.29 rule may be for no less than two years and no more than four 20.30 years, subject to renewal if both parties agree. An exemption 20.31 from enforcement of a law terminates ten days after adjournment 20.32 of the regular legislative session held during the calendar year 20.33 following the year when the exemption is granted, unless the 20.34 legislature has acted to extend or make permanent the exemption. 20.35 (c) The state auditor must report any grants of waivers or 20.36 exemptions to the legislature, including the chairs of the 21.1 governmental operations and appropriate policy committees in the 21.2 house of representatives and senate and the governor within 30 21.3 days. 21.4 (d) The state auditor may reconsider or renegotiate the 21.5 agreement if the rule or law affected by the waiver or exemption 21.6 is amended or repealed during the term of the original 21.7 agreement. A waiver of a rule under this section has the effect 21.8 of a variance granted by an agency under section 14.055. A 21.9 local unit of government that is granted an exemption from 21.10 enforcement of a procedural requirement in state law under this 21.11 section is exempt from that law for the duration of the 21.12 exemption. The state auditor may require periodic reports from 21.13 the local government unit or conduct investigations of the 21.14 service or program. 21.15 Subd. 6. [ENFORCEMENT.] If the state auditor finds that 21.16 the local government unit is failing to comply with the terms of 21.17 the agreement under subdivision 5, the state auditor may rescind 21.18 the agreement. Upon the rescission, the local unit of 21.19 government becomes subject to the rules and laws covered by the 21.20 agreement. 21.21 Subd. 7. [ACCESS TO DATA.] If a local government unit, 21.22 through a cooperative program under this section, gains access 21.23 to data collected, created, received, or maintained by another 21.24 local government that is classified as not public, the unit 21.25 gaining access is governed by the same restrictions on access to 21.26 and use of the data as the unit that collected, created, 21.27 received, or maintained the data. 21.28 Sec. 15. [8.065] [PRIVATE ATTORNEY RETENTION SUNSHINE 21.29 ACT.] 21.30 Subdivision 1. [CITATION.] This section may be known as 21.31 the Private Attorney Retention Sunshine Act. 21.32 Subd. 2. [COVERED CONTRACTS.] For the purposes of 21.33 subdivisions 3 and 4, a contract in excess of $1,000,000 is one 21.34 in which the fee paid to an attorney or group of attorneys, 21.35 either in the form of a flat, hourly, or contingent fee, and 21.36 their expenses, exceeds or can be reasonably expected to exceed 22.1 $1,000,000. 22.2 Subd. 3. [OVERSIGHT.] The attorney general must not enter 22.3 into a contract for legal services exceeding $1,000,000 without 22.4 the opportunity for at least one hearing in the legislature on 22.5 the terms of the legal contract as provided by subdivision 4. 22.6 Subd. 4. [IMPLEMENTATION.] (a) If the attorney general 22.7 proposes to enter a contract for legal services in excess of 22.8 $1,000,000, the attorney general must file a copy of the 22.9 proposed contract with the chief clerk of the house of 22.10 representatives. The speaker of the house of representatives 22.11 must refer the contract to the appropriate committee. 22.12 (b) Within 30 days after referral, the committee may hold a 22.13 public hearing on the proposed contract and must issue a report 22.14 to the attorney general. The report must include any changes to 22.15 the proposed contract voted upon by the committee. The attorney 22.16 general must review the report and adopt a final contract in 22.17 compliance with it and file with the chief clerk its final 22.18 contract. 22.19 (c) If the proposed contract does not contain the changes 22.20 recommended by the committee, the attorney general must send a 22.21 letter to the chief clerk accompanying the final contract 22.22 stating the reasons why the proposed changes were not adopted. 22.23 The chief clerk must forward the letter and final regulations to 22.24 the appropriate committee. Not earlier than 45 days after the 22.25 filing of the letter and final contract with the committee, the 22.26 attorney general may enter into the final contract. 22.27 (d) If the committee recommends no changes to the proposed 22.28 contract within 60 days after the original or any revised 22.29 proposal is filed with the chief clerk, the attorney general may 22.30 enter the contract. 22.31 (e) If the legislature is not in session and the attorney 22.32 general wishes to execute a contract for legal services, the 22.33 governor, with the consent of the speaker of the house of 22.34 representatives and the president of the senate, may establish a 22.35 five-member interim committee consisting of five state 22.36 legislators, one each to be appointed by the governor, the 23.1 speaker of the house of representatives, the president of the 23.2 senate, the minority leader in the senate, and the minority 23.3 leader in the house of representatives, to execute the oversight 23.4 duties of this subdivision. 23.5 Subd. 5. [CONTINGENT FEES.] (a) At the conclusion of any 23.6 legal proceeding for which the attorney general retained outside 23.7 counsel on a contingent fee basis, the state shall receive from 23.8 counsel a statement of the hours worked on the case, expenses 23.9 incurred, the aggregate fee amount, and a breakdown as to the 23.10 hourly rate, based on the fee recovered divided by the number of 23.11 hours worked, less expenses. 23.12 (b) The state must not incur fees in excess of $1,000 per 23.13 hour for legal services. If a disclosure submitted under 23.14 paragraph (a) indicates an hourly rate in excess of $1,000 per 23.15 hour, the fee amount must be reduced to an amount equivalent to 23.16 $1,000 per hour. 23.17 Sec. 16. Minnesota Statutes 2004, section 11A.04, is 23.18 amended to read: 23.19 11A.04 [DUTIES AND POWERS.] 23.20 The state board shall: 23.21 (1) Act as trustees for each fund for which it invests or 23.22 manages money in accordance with the standard of care set forth 23.23 in section 11A.09 if state assets are involved and in accordance 23.24 with chapter 356A if pension assets are involved. 23.25 (2) Formulate policies and procedures deemed necessary and 23.26 appropriate to carry out its functions. Procedures adopted by 23.27 the board must allow fund beneficiaries and members of the 23.28 public to become informed of proposed board actions. Procedures 23.29 and policies of the board are not subject to the Administrative 23.30 Procedure Act. 23.31 (3) Employ an executive director as provided in section 23.32 11A.07. 23.33 (4) Employ investment advisors and consultants as it deems 23.34 necessary. 23.35 (5) Prescribe policies concerning personal investments of 23.36 all employees of the board to prevent conflicts of interest. 24.1 (6) Maintain a record of its proceedings. 24.2 (7) As it deems necessary, establish advisory committees 24.3 subject to section 15.059 to assist the board in carrying out 24.4 its duties. 24.5 (8) Not permit state funds to be used for the underwriting 24.6 or direct purchase of municipal securities from the issuer or 24.7 the issuer's agent. 24.8 (9) Direct the commissioner of finance to sell property 24.9 other than money that has escheated to the state when the board 24.10 determines that sale of the property is in the best interest of 24.11 the state. Escheated property must be sold to the highest 24.12 bidder in the manner and upon terms and conditions prescribed by 24.13 the board. 24.14 (10) Undertake any other activities necessary to implement 24.15 the duties and powers set forth in this section. 24.16 (11) Establish a formula or formulas to measure management 24.17 performance and return on investment. Public pension funds in 24.18 the state shall utilize the formula or formulas developed by the 24.19 state board. 24.20 (12) Except as otherwise provided in article XI, section 8, 24.21 of the Constitution of the state of Minnesota, employ, at its 24.22 discretion, qualified private firms to invest and manage the 24.23 assets of funds over which the state board has investment 24.24 management responsibility. There is annually appropriated to 24.25 the state board, from the assets of the funds for which the 24.26 state board utilizes a private investment manager, sums 24.27 sufficient to pay the costs of employing private firms. Each 24.28 year, by January 15, the board shall report to the governor and 24.29 legislature on the cost and the investment performance of each 24.30 investment manager employed by the board. 24.31 (13) Adopt an investment policy statement that includes 24.32 investment objectives, asset allocation, and the investment 24.33 management structure for the retirement fund assets under its 24.34 control. The statement may be revised at the discretion of the 24.35 state board. The state board shall seek the advice of the 24.36 council regarding its investment policy statement. Adoption of 25.1 the statement is not subject to chapter 14. 25.2 There is annually appropriated to the state board, from the 25.3 assets of the funds for which the state board provides 25.4 investment services, sums sufficient to pay the costs of all 25.5 necessary expenses for the administration of the board. These 25.6 sums will be deposited in the State Board of Investment 25.7 operating account, which must be established by the commissioner 25.8 of finance. 25.9 Sec. 17. Minnesota Statutes 2004, section 11A.07, 25.10 subdivision 4, is amended to read: 25.11 Subd. 4. [DUTIES AND POWERS.] The director, at the 25.12 direction of the state board, shall: 25.13 (1) plan, direct, coordinate, and execute administrative 25.14 and investment functions in conformity with the policies and 25.15 directives of the state board and the requirements of this 25.16 chapter and of chapter 356A; 25.17 (2) prepare and submit biennial and annual budgets to the 25.18 board and with the approval of the board submit the budgets to 25.19 the Department of Finance; 25.20 (3) employ professional and clerical staff asisnecessary 25.21within the complement limits established by the legislature. 25.22 Employees whose primary responsibility is to invest or manage 25.23 money or employees who hold positions designated as unclassified 25.24 under section 43A.08, subdivision 1a, are in the unclassified 25.25 service of the state. Other employees are in the classified 25.26 service; 25.27(3)(4) report to the state board on all operations under 25.28 the director's control and supervision; 25.29(4)(5) maintain accurate and complete records of 25.30 securities transactions and official activities; 25.31(5)(6) establish a policy relating to the purchase and 25.32 sale of securities on the basis of competitive offerings or 25.33 bids. The policy is subject to board approval; 25.34(6)(7) cause securities acquired to be kept in the custody 25.35 of the commissioner of finance or other depositories consistent 25.36 with chapter 356A, as the state board deems appropriate; 26.1(7)(8) prepare and file with the director of the 26.2 Legislative Reference Library, by December 31 of each year, a 26.3 report summarizing the activities of the state board, the 26.4 council, and the director during the preceding fiscal year. The 26.5 report must be prepared so as to provide the legislature and the 26.6 people of the state with a clear, comprehensive summary of the 26.7 portfolio composition, the transactions, the total annual rate 26.8 of return, and the yield to the state treasury and to each of 26.9 the funds whose assets are invested by the state board, and the 26.10 recipients of business placed or commissions allocated among the 26.11 various commercial banks, investment bankers, and brokerage 26.12 organizations. The report must contain financial statements for 26.13 funds managed by the board prepared in accordance with generally 26.14 accepted accounting principles; 26.15(8)(9) require state officials from any department or 26.16 agency to produce and provide access to any financial documents 26.17 the state board deems necessary in the conduct of its investment 26.18 activities; 26.19(9)(10) receive and expend legislative appropriations; and 26.20(10)(11) undertake any other activities necessary to 26.21 implement the duties and powers set forth in this subdivision 26.22 consistent with chapter 356A. 26.23 Sec. 18. Minnesota Statutes 2004, section 11A.07, 26.24 subdivision 5, is amended to read: 26.25 Subd. 5. [APPORTIONMENT OF EXPENSES.]The executive26.26director shall apportion the actual expenses incurred by the26.27board on an accrual basis among the several funds whose assets26.28are invested by the board based on the weighted average assets26.29under management during each quarter. The charge to each fund26.30must be calculated, billed, and paid on a quarterly basis in26.31accordance with procedures for interdepartmental payments26.32established by the commissioner of finance. The amounts26.33necessary to pay these charges are appropriated from the26.34investment earnings of each fund. Receipts must be credited to26.35the general fund as nondedicated receipts.The annual expenses 26.36 incurred by the state board will be apportioned among the state 27.1 general fund, the retirement funds administered by the Minnesota 27.2 State Retirement System, Public Employees Retirement 27.3 Association, and Teachers Retirement Association, and all other 27.4 funds as follows: 27.5 (1) on a biennial basis, the state board, in accordance 27.6 with biennial budget procedures established by the commissioner 27.7 of finance, may request a direct appropriation that represents 27.8 the portion of the state board's expenses necessary to provide 27.9 investment services to the state general fund. This 27.10 appropriation must be deposited in the State Board of Investment 27.11 operating account; 27.12 (2) the executive director shall apportion the actual 27.13 expenses incurred by the state board, less the charge to the 27.14 state general fund, among the funds whose assets are invested by 27.15 the state board, with the exception of the state general fund, 27.16 based on the weighted average assets under management during the 27.17 fiscal year. The amounts necessary to pay these charges are 27.18 apportioned from the investment earnings of each fund. Receipts 27.19 must be credited to the State Board of Investment operating 27.20 account; 27.21 (3) the actual expenses apportioned and charged to the 27.22 funds, with the exception of the state general fund and the 27.23 retirement funds administered by the Minnesota State Retirement 27.24 System, Public Employees Retirement Association, and Teachers 27.25 Retirement Association, must be calculated, billed, and paid on 27.26 a quarterly basis in accordance with procedures for 27.27 interdepartmental payments established by the commissioner of 27.28 finance; and 27.29 (4) the annual estimated expenses to be incurred by the 27.30 state board that will be payable by the retirement funds 27.31 administered by the Minnesota State Retirement System, Public 27.32 Employees Retirement Association, and Teachers Retirement 27.33 Association must be deposited in the State Board of Investment 27.34 operating account on the first business day of each fiscal 27.35 year. A reconciliation of the actual expenses compared to the 27.36 estimated costs must occur at the end of each fiscal year with 28.1 any surplus or deficit being credited or debited to each of the 28.2 respective funds. The state board must present a statement of 28.3 accrued actual expenses to each fund at the end of each quarter 28.4 during each fiscal year. 28.5 Sec. 19. Minnesota Statutes 2004, section 11A.24, 28.6 subdivision 6, is amended to read: 28.7 Subd. 6. [OTHER INVESTMENTS.] (a) In addition to the 28.8 investments authorized in subdivisions 1 to 5, and subject to 28.9 the provisions in paragraph (b), the state board may invest 28.10 funds in: 28.11 (1) venture capital investment businesses through 28.12 participation in limited partnerships, trusts, private 28.13 placements, limited liability corporations, limited liability 28.14 companies, limited liability partnerships, and corporations; 28.15 (2) real estate ownership interests or loans secured by 28.16 mortgages or deeds of trust or shares of real estate investment 28.17 trusts through investment in limited partnerships, bank 28.18 sponsored collective funds, trusts, mortgage participation 28.19 agreements, and insurance company commingled accounts, including 28.20 separate accounts; 28.21 (3) regional and mutual funds through bank sponsored 28.22 collective funds and open-end investment companies registered 28.23 under the Federal Investment Company Act of 1940, and closed-end 28.24 mutual funds listed on an exchange regulated by a governmental 28.25 agency; 28.26 (4) resource investments through limited partnerships, 28.27 trusts, private placements, limited liability corporations, 28.28 limited liability companies, limited liability partnerships, and 28.29 corporations; and 28.30 (5) international securities. 28.31 (b) The investments authorized in paragraph (a) must 28.32 conform to the following provisions: 28.33 (1) the aggregate value of all investments made according 28.34 to paragraph (a), clauses (1) to (4), may not exceed 35 percent 28.35 of the market value of the fund for which the state board is 28.36 investing; 29.1 (2) there must be at least four unrelated owners of the 29.2 investment other than the state board for investments made under 29.3 paragraph (a), clause (1), (2), (3), or (4); 29.4 (3) state board participation in an investment vehicle is 29.5 limited to 20 percent thereof for investments made under 29.6 paragraph (a), clause (1), (2), (3), or (4); and 29.7 (4) state board participation in a limited partnership does 29.8 not include a general partnership interest or other interest 29.9 involving general liability. The state board may not engage in 29.10 any activity as a limited partner which creates general 29.11 liability. 29.12 (c) All financial, business, or proprietary data collected, 29.13 created, received, or maintained by the state board in 29.14 connection with investments authorized by paragraph (a), clause 29.15 (1), (2), or (4), are nonpublic data under section 13.02, 29.16 subdivision 9. As used in this paragraph, "financial, business, 29.17 or proprietary data" means data; as determined by the 29.18 responsible authority for the state board, that is of a 29.19 financial, business, or proprietary nature; and the release of 29.20 which could cause competitive harm to the state board, the legal 29.21 entity in which the state board has invested or has considered 29.22 an investment, the managing entity of an investment, or a 29.23 portfolio company in which the legal entity holds an interest. 29.24 As used in this section, "business data" is data described in 29.25 section 13.591, subdivision 1. Regardless of whether they could 29.26 be considered financial, business, or proprietary data, the 29.27 following data received, prepared, used, or retained by the 29.28 state board in connection with investments authorized by 29.29 paragraph (a), clause (1), (2), or (4), are public at all times: 29.30 (1) the name and industry group classification of the legal 29.31 entity in which the state board has invested or in which the 29.32 state board has considered an investment; 29.33 (2) the state board commitment amount, if any; 29.34 (3) the funded amount of the state board's commitment to 29.35 date, if any; 29.36 (4) the market value of the investment by the state board; 30.1 (5) the state board's internal rate of return for the 30.2 investment, including expenditures and receipts used in the 30.3 calculation of the investment's internal rate of return; and 30.4 (6) the age of the investment in years. 30.5 [EFFECTIVE DATE.] This section is effective the day 30.6 following final enactment. 30.7 Sec. 20. Minnesota Statutes 2004, section 13.635, is 30.8 amended by adding a subdivision to read: 30.9 Subd. 1a. [STATE BOARD OF INVESTMENT.] Certain government 30.10 data of the State Board of Investment related to investments are 30.11 classified under section 11A.24, subdivision 6. 30.12 Sec. 21. [14.046] [LIMIT ON ADMINISTRATIVE PENALTY 30.13 ORDERS.] 30.14 Notwithstanding section 116.072, 144.991, 221.036, or any 30.15 other law to the contrary, an agency may not assess a monetary 30.16 penalty of more than $100 by an administrative penalty order 30.17 process. 30.18 Sec. 22. [14.127] [LEGISLATIVE APPROVAL REQUIRED.] 30.19 Subdivision 1. [COST THRESHOLDS.] An agency must determine 30.20 if the cost of complying with a proposed rule in the first year 30.21 after the rule takes effect will exceed $15,000 for: (1) any 30.22 one business that has less than 50 full-time employees; or (2) 30.23 any one statutory or home rule charter city that has less than 30.24 ten full-time employees. For purposes of this section, 30.25 "business" means a business entity organized for profit or as a 30.26 nonprofit, and includes an individual, partnership, corporation, 30.27 joint venture, association, or cooperative. 30.28 Subd. 2. [AGENCY DETERMINATION.] An agency must make the 30.29 determination required by subdivision 1 before the close of the 30.30 hearing record, or before the agency submits the record to the 30.31 administrative law judge if there is no hearing. The 30.32 administrative law judge must review and approve or disapprove 30.33 the agency determination under this section. 30.34 Subd. 3. [LEGISLATIVE APPROVAL REQUIRED.] If the agency 30.35 determines that the cost exceeds the threshold in subdivision 1, 30.36 or if the administrative law judge disapproves the agency's 31.1 determination that the cost does not exceed the threshold in 31.2 subdivision 1, any business that has less than 50 full-time 31.3 employees or any statutory or home rule charter city that has 31.4 less than ten full-time employees may file a written statement 31.5 with the agency claiming a temporary exemption from the rules. 31.6 Upon filing of such a statement with the agency, the rules do 31.7 not apply to that business or that city until the rules are 31.8 approved by a law enacted after the agency determination or 31.9 administrative law judge disapproval. 31.10 Subd. 4. [EXCEPTIONS.] (a) Subdivision 3 does not apply if 31.11 the administrative law judge approves an agency's determination 31.12 that the legislature has appropriated money to sufficiently fund 31.13 the expected cost of the rule upon the business or city proposed 31.14 to be regulated by the rule. 31.15 (b) Subdivision 3 does not apply if the administrative law 31.16 judge approves an agency's determination that the rule has been 31.17 proposed pursuant to a specific federal statutory or regulatory 31.18 mandate. 31.19 (c) This section does not apply if the rule is adopted 31.20 under section 14.388 or under another law specifying that the 31.21 rulemaking procedures of this chapter do not apply. 31.22 (d) This section does not apply to a rule adopted by the 31.23 Public Utilities Commission. 31.24 (e) Subdivision 3 does not apply if the governor waives 31.25 application of subdivision 3. The governor may issue a waiver 31.26 at any time, either before or after the rule would take effect, 31.27 but for the requirement of legislative approval. As soon as 31.28 possible after issuing a waiver under this paragraph, the 31.29 governor must send notice of the waiver to the speaker of the 31.30 house of representatives and the president of the senate and 31.31 must publish notice of this determination in the State Register. 31.32 Subd. 5. [SEVERABILITY.] If an administrative law judge 31.33 determines that part of a proposed rule exceeds the threshold 31.34 specified in subdivision 1, but that a severable portion of a 31.35 proposed rule does not exceed the threshold in subdivision 1, 31.36 the administrative law judge may provide that the severable 32.1 portion of the rule that does not exceed the threshold may take 32.2 effect without legislative approval. 32.3 [EFFECTIVE DATE.] This section is effective July 1, 2005. 32.4 This section applies to any rule for which the hearing record 32.5 has not closed before July 1, 2005, or, if there is no public 32.6 hearing, for which the agency has not submitted the record to 32.7 the administrative law judge before that date. 32.8 Sec. 23. Minnesota Statutes 2004, section 14.19, is 32.9 amended to read: 32.10 14.19 [DEADLINE TO COMPLETE RULEMAKING.] 32.11 Within 180 days after issuance of the administrative law 32.12 judge's report or that of the chief administrative law judge, 32.13 the agency shall submit its notice of adoption, amendment, or 32.14 repeal to the State Register for publication. If the agency has 32.15 not submitted its notice to the State Register within 180 days, 32.16 the rule is automatically withdrawn. The agency may not adopt 32.17 the withdrawn rules without again following the procedures of 32.18 sections 14.05 to 14.28, with the exception of section 14.101, 32.19 if the noncompliance is approved by the chief administrative law 32.20 judge. The agency shall report to the Legislative Coordinating 32.21 Commission, other appropriate committees of the legislature, and 32.22 the governor its failure to adopt rules and the reasons for that 32.23 failure. The 180-day time limit of this section does not 32.24 include: 32.25 (1) any days used for review by the chief administrative 32.26 law judge or the commission if the review is required by law;or32.27 (2) days during which the rule cannot be adopted, because 32.28 of votes by legislative committees under section 14.126; or 32.29 (3) days during which the rule cannot be adopted because 32.30 approval of the legislature is required under section 14.127. 32.31 Sec. 24. Minnesota Statutes 2004, section 15.054, is 32.32 amended to read: 32.33 15.054 [PUBLIC EMPLOYEES NOT TO PURCHASE MERCHANDISE FROM 32.34 GOVERNMENTAL AGENCIES; EXCEPTIONS; PENALTY.] 32.35 No officer or employee of the state or any of its political 32.36 subdivisions shall sell or procure for sale or possess or 33.1 control for sale to any other officer or employee of the state 33.2 or subdivision, as appropriate, any property or materials owned 33.3 by the state or subdivision except pursuant to conditions 33.4 provided in this section. Property or materials owned by the 33.5 state or a subdivision and not needed for public purposes, may 33.6 be sold to an employee of the state or subdivision after 33.7 reasonable public notice at a public auction or by sealed 33.8 response, if the employee is not directly involved in the 33.9 auction or process pertaining to the administration and 33.10 collection of sealed responses. Requirements for reasonable 33.11 public notice may be prescribed by other law or ordinance so 33.12 long as at least one week's published notice is specified. An 33.13 employee of the state or a political subdivision may purchase no 33.14 more than one motor vehicle from the statein any 12-month33.15periodat any one auction. A person violating the provisions of 33.16 this section is guilty of a misdemeanor. This section shall not 33.17 apply to the sale of property or materials acquired or produced 33.18 by the state or subdivision for sale to the general public in 33.19 the ordinary course of business. Nothing in this section shall 33.20 prohibit an employee of the state or a political subdivision 33.21 from selling or possessing for sale public property if the sale 33.22 or possession for sale is in the ordinary course of business or 33.23 normal course of the employee's duties. 33.24 Sec. 25. [15.445] [NOTIFICATION OF CERTAIN CHANGES TO 33.25 PROFESSIONAL LICENSURE LAWS AND RULES.] 33.26 An executive agency under section 16A.011, subdivision 12, 33.27 that issues a professional license must notify all current 33.28 license holders of any changes made to laws or rules 33.29 administered by the agency under which a fine or other sanction 33.30 may be imposed on a noncompliant license holder. The agency 33.31 must notify all current license holders of the law or rule 33.32 changes by mail at their last known addresses on or before the 33.33 effective date of the changes. 33.34 Sec. 26. [15B.055] [PARKING SPACES.] 33.35 To provide the public with greater access to legislative 33.36 proceedings, all parking spaces on Aurora Avenue in front of the 34.1 Capitol building must be reserved for the public. 34.2 Sec. 27. Minnesota Statutes 2004, section 15B.17, 34.3 subdivision 1, is amended to read: 34.4 Subdivision 1. [PUBLIC BODIES WITH PROPOSALS.] (a) Before 34.5 a state agency or other public body develops, to submit to the 34.6 legislature and the governor, a budget proposal or plans for 34.7 capital improvements within the Capitol Area, it must consult 34.8 with the board. 34.9 (b) The public body must provide enough money for the 34.10 board's review and planning if the board decides its review and 34.11 planning services are necessary. Money received by the board 34.12 under this subdivision and under section 15B.13, paragraph (e), 34.13 is appropriated to the board and does not cancel. 34.14 Sec. 28. Minnesota Statutes 2004, section 16A.103, is 34.15 amended by adding a subdivision to read: 34.16 Subd. 4. [REPORT ON EXPENDITURE INCREASES.] By January 10 34.17 of an odd-numbered year, the commissioner of finance must report 34.18 on those programs or components of programs for which 34.19 expenditures for the next biennium according to the forecast 34.20 issued the previous November are projected to increase more than 34.21 15 percent over the expenditures for that program in the current 34.22 biennium. The report must include an analysis of the factors 34.23 that are causing the increases in expenditures. 34.24 Sec. 29. Minnesota Statutes 2004, section 16A.1286, 34.25 subdivision 2, is amended to read: 34.26 Subd. 2. [BILLING PROCEDURES.] The commissioner may bill 34.27 up to $7,520,000 in each fiscal year for statewide systems 34.28 services provided to state agencies, judicial branch agencies, 34.29 the University of Minnesota, the Minnesota State Colleges and 34.30 Universities, and other entities. Billing must be based only on 34.31 usage of services relating to statewide systemsprovided by the34.32Intertechnologies Division. Each agency shall transfer from 34.33 agency operating appropriations to the statewide systems account 34.34 the amount billed by the commissioner. Billing policies and 34.35 procedures related to statewide systems services must be 34.36 developed by the commissioner in consultation with the 35.1 commissioners of employee relations and administration, the 35.2 University of Minnesota, and the Minnesota State Colleges and 35.3 Universities. 35.4 Sec. 30. Minnesota Statutes 2004, section 16A.1286, 35.5 subdivision 3, is amended to read: 35.6 Subd. 3. [APPROPRIATION.] Money transferred into the 35.7 account is appropriated to the commissioner to pay for statewide 35.8 systems servicesduring the biennium in which it is appropriated. 35.9 Sec. 31. Minnesota Statutes 2004, section 16A.152, 35.10 subdivision 2, is amended to read: 35.11 Subd. 2. [ADDITIONAL REVENUES; PRIORITY.] (a) If on the 35.12 basis of a forecast of general fund revenues and expenditures, 35.13 the commissioner of finance determines that there will be a 35.14 positive unrestricted budgetary general fund balance at the 35.15 close of the biennium, the commissioner of finance must allocate 35.16 money to the following accounts and purposes in priority order: 35.17 (1) the cash flow account established in subdivision 1 35.18 until that account reaches $350,000,000; 35.19 (2) the budget reserve account established in subdivision 35.20 1a until that account reaches $653,000,000; 35.21 (3) the amount necessary to increase the aid payment 35.22 schedule for school district aids and credits payments in 35.23 section 127A.45 to not more than 90 percent rounded to the 35.24 nearest tenth of a percent without exceeding the amount 35.25 available and with any remaining funds deposited in the budget 35.26 reserve; and 35.27 (4) the amount necessary to restore all or a portion of the 35.28 net aid reductions under section 127A.441 and to reduce the 35.29 property tax revenue recognition shift under section 123B.75, 35.30 subdivision 5, paragraph (c), and Laws 2003, First Special 35.31 Session chapter 9, article 5, section 34, as amended by Laws 35.32 2003, First Special Session chapter 23, section 20, by the same 35.33 amount. 35.34 (b) The amounts necessary to meet the requirements of this 35.35 section are appropriated from the general fund within two weeks 35.36 after the forecast is released or, in the case of transfers 36.1 under paragraph (a), clauses (3) and (4), as necessary to meet 36.2 the appropriations schedules otherwise established in statute. 36.3 (c) To the extent that a positive unrestricted budgetary 36.4 general fund balance is projected, appropriations under this 36.5 section must be made beforeany transfer is made undersection 36.6 16A.1522 takes effect. 36.7 (d) The commissioner of finance shall certify the total 36.8 dollar amount of the reductions under paragraph (a), clauses (3) 36.9 and (4), to the commissioner of education. The commissioner of 36.10 education shall increase the aid payment percentage and reduce 36.11 the property tax shift percentage by these amounts and apply 36.12 those reductions to the current fiscal year and thereafter. 36.13 Sec. 32. Minnesota Statutes 2004, section 16A.1522, 36.14 subdivision 1, is amended to read: 36.15 Subdivision 1. [FORECAST.] If, on the basis of a forecast 36.16 of general fund revenues and expenditures in November of an 36.17 even-numbered year or February of an odd-numbered year, the 36.18 commissioner projects a positive unrestricted budgetary general 36.19 fund balance at the close of the biennium that exceeds one-half 36.20 of one percent of total general fund biennial revenues, the 36.21 commissioner shall designate the entire balance as available for 36.22 rebate to the taxpayers of this state.In forecasting,36.23projecting, or designating the unrestricted budgetary general36.24fund balance or general fund biennial revenue under this36.25section, the commissioner shall not include any balance or36.26revenue attributable to settlement payments received after July36.271, 1998, and before July 1, 2001, as defined in Section IIB of36.28the settlement document, filed May 18, 1998, in State v. Philip36.29Morris, Inc., No. C1-94-8565 (Minnesota District Court, Second36.30Judicial District).36.31 Sec. 33. [16A.156] [LIMIT ON ADMINISTRATIVE COSTS.] 36.32 As a condition of receiving a grant from an appropriation 36.33 of state funds, the person or entity receiving the grant must 36.34 agree that no more than ten percent of the grant funds will be 36.35 spent for administrative purposes. This limit does not apply if 36.36 the commissioner of finance determines, after consulting with 37.1 the chairs of appropriate legislative budget committees, that 37.2 this limit is impracticable because the legislative intent in 37.3 appropriating money for the grant is that more than ten percent 37.4 of the grant is administrative in nature. 37.5 Sec. 34. Minnesota Statutes 2004, section 16A.281, is 37.6 amended to read: 37.7 16A.281 [APPROPRIATIONS TO LEGISLATURE.] 37.8 Except as provided in this section, section 16A.28 applies 37.9 to appropriations made to the legislature, the senate, the house 37.10 of representatives, or its committees or commissions. An 37.11 appropriation made to the legislature, the senate, the house of 37.12 representatives, or a legislative commission or committee other 37.13 than a standing committee, if not spent during the first year, 37.14 may be spent during the second year of a biennium. An 37.15 unexpended balance not carried forward and remaining unexpended 37.16 and unencumbered at the end of a biennium lapses and shall be 37.17 returned to the fund from which appropriated. Balances may be 37.18 carried forward into the next biennium and credited to special 37.19 accounts to be used only as follows: (1) for nonrecurring 37.20 expenditures on investments that enhance efficiency or improve 37.21 effectiveness; (2) to pay expenses associated withspecial37.22 sessions, interim activities, public hearings, or other public 37.23 outreach efforts and related activities; and (3) to pay 37.24 severance costs of involuntary terminations. The approval of 37.25 the commissioner of finance under section 16A.28, subdivision 2, 37.26 does not apply to the legislature. An appropriation made to the 37.27 legislature, the senate, the house of representatives, or a 37.28 standing committee for all or part of a biennium may be spent in 37.29 either year of the biennium. 37.30 Sec. 35. [16A.696] [UNIVERSITY OF MINNESOTA AWARD OF 37.31 CAPITAL IMPROVEMENT CONTRACTS.] 37.32 Notwithstanding any law to the contrary, any appropriation 37.33 for capital improvement projects for the University of Minnesota 37.34 is contingent on the University agreeing that contracts for the 37.35 projects will be awarded under the procedures in sections 16C.25 37.36 to 16C.28, except that the Board of Regents must perform 38.1 responsibilities assigned to the commissioner of administration. 38.2 Sec. 36. [16B.296] [TRANSFER OF REAL PROPERTY.] 38.3 Unless otherwise provided by the commissioner, an agency 38.4 may not sell or otherwise transfer state-owned real property for 38.5 less than the appraised value, or if the property has not been 38.6 appraised, for less than the fair market value, as determined by 38.7 the commissioner. For purposes of this section, "agency" 38.8 includes the Minnesota State Colleges and Universities. 38.9 Sec. 37. Minnesota Statutes 2004, section 16B.52, 38.10 subdivision 1, is amended to read: 38.11 Subdivision 1. [PERMISSIBLE PUBLICATIONS; PICTURES.] (a) 38.12 No elected, administrative, or executive state officer, may have 38.13 printed, nor may the commissioner authorize the printing of, at 38.14 government expense, official reports and other publications 38.15 intended for general public circulation except those authorized 38.16 by law or included in the intent of the appropriation out of 38.17 which the cost will be defrayed. 38.18 (b) A publication printed at government expense by an 38.19 elected or appointed executive officer must contain only 38.20 material that provides information about the duties and 38.21 jurisdiction of the officer or the officer's organization, or 38.22 facilitates public access to services offered by the officer or 38.23 organization. All material in the publication must be directly 38.24 related to the legal functions, duties, and jurisdiction of the 38.25 public official or organization. 38.26 (c) Executive officers shall, before presenting their 38.27 annual reports and other publications to the commissioner, 38.28 examine them and exclude from them pictures of elected and 38.29 administrative officials, and any other pictorial device 38.30 calculated to or tending to attribute the publication to an 38.31 individual instead of the department of state government from 38.32 which it emanates. All other engravings, maps, drawings and 38.33 illustrations must be excluded from the reports and 38.34 publications, except those the executive officers certify when 38.35 they present the reports for printing to be necessary and to 38.36 relate entirely to the transaction of the state's business, or 39.1 to be reasonably required to present for clear understanding the 39.2 substance of the report. 39.3 Sec. 38. [16C.061] [USED GOODS.] 39.4 When acquiring goods, the commissioner or the agency making 39.5 the acquisition must consider purchasing used goods if used 39.6 goods may result in the best value for the purchasing entity. 39.7 Sec. 39. [16C.064] [COST-BENEFIT ANALYSIS.] 39.8 (a) The commissioner or an agency official to whom the 39.9 commissioner has delegated duties under section 16C.03, 39.10 subdivision 16, may not approve a contract or purchase of goods 39.11 or services in an amount greater than $5,000,000 unless a 39.12 cost-benefit analysis has been completed and shows a positive 39.13 benefit to the public. The Management Analysis Division must 39.14 perform or direct the performance of the analysis. A 39.15 cost-benefit analysis must be performed for a project if an 39.16 aggregation of contracts or purchases for a project exceeds 39.17 $5,000,000. 39.18 (b) All cost-benefit analysis documents under this section, 39.19 including preliminary drafts and notes, are public data. 39.20 (c) If a cost-benefit analysis does not show a positive 39.21 benefit to the public, the governor may approve a contract or 39.22 purchase of goods or services if a cost-effectiveness study had 39.23 been done that shows the proposed project is the most effective 39.24 way to provide a necessary public good. 39.25 (d) This section applies to contracts for goods or services 39.26 that are expected to have a useful life of more than three 39.27 years. This section does not apply for purchase of goods or 39.28 services for response to a natural disaster if an emergency has 39.29 been declared by the governor. 39.30 Sec. 40. Minnesota Statutes 2004, section 16C.10, 39.31 subdivision 7 is amended to read: 39.32 Subd. 7. [REVERSE AUCTION.] (a) For the purpose of this 39.33 subdivision, "reverse auction" means a purchasing process in 39.34 which vendors compete to provide goodsor engineering designor 39.35 computer services at the lowest selling price in an open and 39.36 interactive environment. 40.1 (b) The provisions of sections 13.591, subdivision 3, and 40.2 16C.06, subdivision 2, do not apply when the commissioner 40.3 determines that a reverse auction is the appropriate purchasing 40.4 process. 40.5 Sec. 41. [16C.143] [ENERGY FORWARD PRICING MECHANISMS.] 40.6 Subdivision 1. [DEFINITIONS.] The following definitions 40.7 apply in this section: 40.8 (1) "energy" means natural gas, heating oil, propane, and 40.9 any other energy source except electricity used in state 40.10 facilities; and 40.11 (2) "forward pricing mechanism" means a contract or 40.12 financial instrument that obligates a state agency to buy or 40.13 sell a specified quantity of energy at a future date at a set 40.14 price. 40.15 Subd. 2. [AUTHORITY.] Notwithstanding any other law to the 40.16 contrary, the commissioner may use forward pricing mechanisms 40.17 for budget risk reduction. 40.18 Subd. 3. [CONDITIONS.] Forward pricing mechanism 40.19 transactions must be made only under the following conditions: 40.20 (1) the quantity of energy affected by the forward pricing 40.21 mechanism must not exceed 90 percent of the estimated energy use 40.22 for the state agency for the same period, which shall not exceed 40.23 24 months; and 40.24 (2) a separate account must be established for each state 40.25 agency using a forward pricing mechanism. 40.26 Subd. 4. [WRITTEN POLICIES AND PROCEDURES.] Before 40.27 exercising the authority under this section, the commissioner 40.28 must develop written policies and procedures governing the use 40.29 of forward pricing mechanisms. 40.30 [EFFECTIVE DATE.] This section is effective the day 40.31 following final enactment. 40.32 Sec. 42. Minnesota Statutes 2004, section 16C.144, is 40.33 amended to read: 40.34 16C.144 [GUARANTEED ENERGY SAVINGSCONTRACTSPROGRAM.] 40.35 Subdivision 1. [DEFINITIONS.] The following definitions 40.36 apply to this section. 41.1 (a) "Utility" means electricity, natural gas, or other 41.2 energy resource, water, and wastewater. 41.3 (b) "Utility cost savings" means the difference betweenthe41.4utility costs under the precontract conditions andthe utility 41.5 costs afterthe changes have been made under the contract. Such41.6savings shall be calculated in comparison to an established41.7baseline of utility costsinstallation of the utility 41.8 cost-savings measures pursuant to the guaranteed energy savings 41.9 agreement and the baseline utility costs after baseline 41.10 adjustments have been made. 41.11 (c)"Established baseline" means the precontract utilities,41.12operations, and maintenance costs.41.13(d)"Baseline" means the preagreement utilities, 41.14 operations, and maintenance costs. 41.15 (d) "Utility cost-savings measure" means a measure that 41.16 produces utility cost savings and/or operation and maintenance 41.17 cost savings. 41.18 (e) "Operation and maintenance cost savings" means a 41.19 measurabledecrease indifference between operation and 41.20 maintenance costs after the installation of the utility 41.21 cost-savings measures pursuant to the guaranteed energy savings 41.22 agreement and the baseline operation and maintenance coststhat41.23is a direct result of the implementation of one or more utility41.24cost-savings measures but doesafter inflation adjustments have 41.25 been made. Operation and maintenance costs savings shall not 41.26 include savings from in-house staff labor.Such savings shall41.27be calculated in comparison to an established baseline of41.28operation and maintenance costs.41.29 (f) "Guaranteed energy savingscontractagreement" meansa41.30contractan agreement for theevaluation, recommendation, and41.31 installation of one or more utility cost-savings measures that 41.32 includes the qualified provider's guarantee as required under 41.33 subdivision 2.The contract must provide that all payments are41.34to be made over time but not to exceed ten years from the date41.35of final installation, and the savings are guaranteed to the41.36extent necessary to make payments for the utility cost-savings42.1measures.42.2 (g) "Baseline adjustments" means adjusting theestablished42.3 utility cost savings baselinesin paragraphs (b) and42.4(d)annually for changes in the following variables: 42.5 (1) utility rates; 42.6 (2) number of days in the utility billing cycle; 42.7 (3) square footage of the facility; 42.8 (4) operational schedule of the facility; 42.9 (5) facility temperature set points; 42.10 (6) weather; and 42.11 (7) amount of equipment or lighting utilized in the 42.12 facility. 42.13 (h) "Inflation adjustment" means adjusting the operation 42.14 and maintenance cost-savings baseline annually for inflation. 42.15 (i) "Lease purchasecontractagreement" meansa42.16contractan agreement obligating the state to make regular lease 42.17 payments to satisfy the lease costs of the utility cost-savings 42.18 measures until the final payment, after which time the utility 42.19 cost-savings measures become the sole property of the state of 42.20 Minnesota. 42.21(i)(j) "Qualified provider" means a person or business 42.22 experienced in the design, implementation, and installation of 42.23 utility cost-savings measures. 42.24(j)(k) "Engineering report" means a report prepared by a 42.25 professional engineer licensed by the state of Minnesota 42.26 summarizing estimates of all costs of installations, 42.27 modifications, or remodeling, including costs of design, 42.28 engineering, installation, maintenance, repairs, and estimates 42.29 of the amounts by which utility and operation and maintenance 42.30 costs will be reduced. 42.31(k)(l) "Capital cost avoidance" means money expended by a 42.32 state agency to pay for utility cost-savings measures with a 42.33 guaranteed savingscontractagreement so long as the measures 42.34 that are being implemented to achieve the utility, operation, 42.35 and maintenance cost savings are a significant portion of an 42.36 overall project as determined by the commissioner. 43.1(l)(m) "Guaranteed energy savingscontractingprogram 43.2 guidelines" means policies, procedures, and requirements of 43.3 guaranteed savingscontractsagreements established by the 43.4 Department of Administrationupon enacting this legislation. 43.5 Subd. 2. [GUARANTEED ENERGY SAVINGSCONTRACTAGREEMENT.] 43.6 The commissioner may enter into a guaranteed energy savings 43.7contractagreement with a qualified provider if: 43.8 (1) the qualified provider is selected through a 43.9 competitive process in accordance with the guaranteed energy 43.10 savingscontractingprogram guidelines within the Department of 43.11 Administration; 43.12 (2) the qualified provider agrees to submit an engineering 43.13 report prior to the execution of the guaranteed energy savings 43.14contractagreement. The cost of the engineering report may be 43.15 considered as part of the implementation costs if the 43.16 commissioner enters into a guaranteed energy savings agreement 43.17 with the provider; 43.18 (3) the term of the guaranteed energy savings agreement 43.19 shall not exceed 15 years from the date of final installation; 43.20 (4) the commissioner finds that the amount it would spend 43.21 on the utility cost-savings measures recommended in the 43.22 engineering report will not exceed the amount to be saved in 43.23 utility operation and maintenance costs overten15 years from 43.24 the date of implementation of utility cost-savings measures; 43.25(4)(5) the qualified provider provides a written guarantee 43.26 that the annual utility, operation, and maintenance cost savings 43.27 during the term of the guaranteed energy savings agreement will 43.28 meet or exceed thecosts of the guaranteed savings contract43.29 annual payments due under a lease purchase agreement. The 43.30 qualified provider shall reimburse the state for any shortfall 43.31 of guaranteed utility, operation, and maintenance cost savings; 43.32 and 43.33(5)(6) the qualified provider gives a sufficient bond in 43.34 accordance with section 574.26 to the commissioner for the 43.35 faithful implementation and installation of the utility 43.36 cost-savings measures. 44.1 Subd. 3. [LEASE PURCHASECONTRACTAGREEMENT.] The 44.2 commissioner may enter into a lease purchase agreement with any 44.3 party for the implementation of utility cost-savings measures in 44.4 accordance withan engineering reportthe guaranteed energy 44.5 savings agreement. The implementation costs of the utility 44.6 cost-savings measures recommended in the engineering report 44.7 shall not exceed the amount to be saved in utility and operation 44.8 and maintenance costs over the term of the lease purchase 44.9 agreement. The term of the lease purchase agreement shall not 44.10 exceedten15 years from the date of final installation. The 44.11 lease is assignable in accordance with terms approved by the 44.12 commissioner of finance. 44.13 Subd. 4. [USE OF CAPITAL COST AVOIDANCE.] The affected 44.14 state agency may contribute funds for capital cost avoidance for 44.15 guaranteed energy savingscontractsagreements. Use of capital 44.16 cost avoidance is subject to the guaranteed energy savings 44.17contractingprogram guidelines within the Department of 44.18 Administration. 44.19 Subd. 5. [REPORT.] By January 15 of 2005 and 2007, the 44.20 commissioner of administration shall submit to the commissioner 44.21 of finance and the chairs of the senate and house of 44.22 representatives capital investment committees a list of projects 44.23 in the agency that have been funded using guaranteed energy 44.24 savings, as outlined in this section, during the preceding 44.25 biennium. For each guaranteed energy savingscontractagreement 44.26 entered into, the commissioner of administration shall contract 44.27 with an independent third party to evaluate the 44.28 cost-effectiveness of each utility cost-savings measure 44.29 implemented to ensure that such measures were the least-cost 44.30 measures available. For the purposes of this section, 44.31 "independent third party" means an entity not affiliated with 44.32 the qualified provider, that is not involved in creating or 44.33 providing conservation project services to that provider, and 44.34 that has expertise (or access to expertise) in energy savings 44.35 practices. 44.36Subd. 6. [CONTRACT LIMITS.] Contracts may not be entered45.1into after June 30, 2007.45.2 [EFFECTIVE DATE.] This section is effective the day 45.3 following final enactment. 45.4 Sec. 43. Minnesota Statutes 2004, section 16C.16, 45.5 subdivision 1, is amended to read: 45.6 Subdivision 1. [SMALL BUSINESS PROCUREMENTS.] (a) The 45.7 commissioner shall for each fiscal year ensure that small 45.8 businesses receive at least 25 percent of the value of 45.9 anticipated total state procurement of goods and services, 45.10 including printing and construction. The commissioner shall 45.11 divide the procurements so designated into contract award units 45.12 of economically feasible production runs in order to facilitate 45.13 offers or bids from small businesses. 45.14 (b) The commissioner must avoid awarding a master contract 45.15 on an exclusive basis if awarding the contract on that basis 45.16 excludes small businesses. When feasible, when entering into a 45.17 master contract, the commissioner must attempt to negotiate 45.18 contract terms that allow agencies the option of purchasing from 45.19 small businesses, particularly small businesses that are 45.20 geographically proximate to the entity making the purchase. 45.21 (c) In making the annual designation of such procurements 45.22 the commissioner shall attempt (1) to vary the included 45.23 procurements so that a variety of goods and services produced by 45.24 different small businesses are obtained each year, and (2) to 45.25 designate small business procurements in a manner that will 45.26 encourage proportional distribution of such awards among the 45.27 geographical regions of the state. To promote the geographical 45.28 distribution of awards, the commissioner may designate a portion 45.29 of the small business procurement for award to bidders from a 45.30 specified congressional district or other geographical region 45.31 specified by the commissioner. The failure of the commissioner 45.32 to designate particular procurements shall not be deemed to 45.33 prohibit or discourage small businesses from seeking the 45.34 procurement award through the normal process. 45.35 Sec. 44. Minnesota Statutes 2004, section 16C.16, is 45.36 amended by adding a subdivision to read: 46.1 Subd. 7a. [VEHICLE PURCHASES.] For purposes of state 46.2 purchasing, the commissioner may award a bid preference to motor 46.3 vehicles manufactured in Minnesota. The amount of the 46.4 preference must be the same as the amount of the preference 46.5 awarded to businesses located in an economically disadvantaged 46.6 area. 46.7 Sec. 45. Minnesota Statutes 2004, section 16C.23, is 46.8 amended by adding a subdivision to read: 46.9 Subd. 6a. [COMPUTERS FOR SCHOOLS.] The commissioner may 46.10 transfer state surplus computers to Minnesota Computers for 46.11 Schools for refurbishing and distribution to any school, school 46.12 system, college, or university in Minnesota. 46.13 Sec. 46. [16C.231] [SURPLUS PROPERTY.] 46.14 Notwithstanding any law to the contrary, the commissioner 46.15 may sell a surplus gun used by a state trooper to the trooper 46.16 who used the gun in the course of employment. The sale price 46.17 must be the fair market value of the gun, as determined by the 46.18 commissioner. 46.19 Sec. 47. Minnesota Statutes 2004, section 240A.02, 46.20 subdivision 3, is amended to read: 46.21 Subd. 3. [STAFF.] Thecommissiongovernor shall appoint an 46.22 executive director, who serves at the pleasure of the governor. 46.23 The executive director may hire other employees authorized by 46.24 the commission. The executive director is in the unclassified 46.25 service under section 43A.08. 46.26 Sec. 48. [298.215] [IRON RANGE RESOURCES AND 46.27 REHABILITATION; EARLY SEPARATION INCENTIVE PROGRAM 46.28 AUTHORIZATION.] 46.29 (a) Notwithstanding any law to the contrary, the 46.30 commissioner of iron range resources and rehabilitation, in 46.31 consultation with the commissioner of employee relations, may 46.32 offer a targeted early separation incentive program for 46.33 employees of the commissioner who have attained the age of 60 46.34 years and have at least five years of allowable service credit 46.35 under chapter 352, or who have received credit for at least 30 46.36 years of allowable service under the provisions of chapter 352. 47.1 (b) The early separation incentive program may include one 47.2 or more of the following: 47.3 (1) employer-paid postseparation health, medical, and 47.4 dental insurance until age 65; and 47.5 (2) cash incentives that may, but are not required to be, 47.6 used to purchase additional years of service credit through the 47.7 Minnesota State Retirement System, to the extent that the 47.8 purchases are otherwise authorized by law. 47.9 (c) The commissioner of iron range resources and 47.10 rehabilitation shall establish eligibility requirements for 47.11 employees to receive an incentive. 47.12 (d) The commissioner of iron range resources and 47.13 rehabilitation, consistent with the established program 47.14 provisions under paragraph (b), and with the eligibility 47.15 requirements under paragraph (c), may designate specific 47.16 programs or employees as eligible to be offered the incentive 47.17 program. 47.18 (e) Acceptance of the offered incentive must be voluntary 47.19 on the part of the employee and must be in writing. The 47.20 incentive may only be offered at the sole discretion of the 47.21 commissioner of iron range resources and rehabilitation. 47.22 (f) The cost of the incentive is payable solely by funds 47.23 made available to the commissioner of iron range resources and 47.24 rehabilitation by law, but only on prior approval of the 47.25 expenditures by a majority of the Iron Range Resources and 47.26 Rehabilitation Board. 47.27 (g) This section and section 298.216 are repealed June 30, 47.28 2006. 47.29 [EFFECTIVE DATE.] This section is effective the day 47.30 following final enactment. 47.31 Sec. 49. [298.216] [APPLICATION OF OTHER LAWS.] 47.32 Unilateral implementation of section 298.215 by the 47.33 commissioner of iron range resources and rehabilitation is not 47.34 an unfair labor practice under chapter 179A. 47.35 Sec. 50. Minnesota Statutes 2004, section 471.345, is 47.36 amended by adding a subdivision to read: 48.1 Subd. 19. [USED SUPPLIES, MATERIALS, AND EQUIPMENT.] When 48.2 acquiring supplies, materials, or equipment, a municipality must 48.3 consider purchasing used goods if used goods may result in the 48.4 best value for the municipality. 48.5 Sec. 51. [471.661] [OUT-OF-STATE TRAVEL.] 48.6 No elected official of a statutory or home rule charter 48.7 city, county, town, school district, regional agency, or other 48.8 political subdivision of the state may incur more than $1,000 in 48.9 publicly paid costs for a trip outside of Minnesota unless the 48.10 costs are approved by a roll-call vote at a public meeting of 48.11 the governing board held before the trip. 48.12 Sec. 52. [471.701] [SALARY DATA.] 48.13 A city or county with a population of more than 15,000 must 48.14 annually notify its residents of the names and salaries of its 48.15 three highest-paid employees. This notice may be provided on 48.16 the homepage of the primary Web site maintained by the political 48.17 subdivision for a period of not less than 90 consecutive days, 48.18 in a publication of the political subdivision that is 48.19 distributed to all residents in the political subdivision, or as 48.20 part of the annual notice of proposed property taxes prepared 48.21 under section 275.065. 48.22 Sec. 53. [BUILDING LEASE.] 48.23 Notwithstanding any provision of Minnesota Statutes, 48.24 section 16B.24, or other law or rule to the contrary, the 48.25 commissioner of administration may, without approval of the 48.26 State Executive Council, enter into a lease of up to ten years 48.27 with a private tenant for use of the state-owned building at 168 48.28 Aurora Avenue in the city of St. Paul as a child care and 48.29 after-school activity facility. If leased to a faith-based 48.30 organization, the program may not promote any particular faith 48.31 and must operate in a nondiscriminatory manner. 48.32 [EFFECTIVE DATE.] This section is effective the day 48.33 following final enactment. 48.34 Sec. 54. [SALE OF STATE LAND.] 48.35 Subdivision 1. [STATE LAND SALES.] The commissioner of 48.36 administration shall coordinate with the head of each department 49.1 or agency having control of state-owned land to identify and 49.2 sell at least $6,440,000 of state-owned land. Sales should be 49.3 completed according to law and as provided in this section as 49.4 soon as practicable but no later than June 30, 2007. 49.5 Notwithstanding Minnesota Statutes, sections 16B.281 and 49.6 16B.282, 94.09 and 94.10, or any other law to the contrary, the 49.7 commissioner may offer land for public sale by only providing 49.8 notice of lands or an offer of sale of lands to state 49.9 departments or agencies, the University of Minnesota, cities, 49.10 counties, towns, school districts, or other public entities. 49.11 Subd. 2. [ANTICIPATED SAVINGS.] Notwithstanding Minnesota 49.12 Statutes, section 94.16, subdivision 3, or other law to the 49.13 contrary, the amount of the proceeds from the sale of land under 49.14 this section that exceeds the actual expenses of selling the 49.15 land must be deposited in the general fund, except as otherwise 49.16 provided by the commissioner of finance. Notwithstanding 49.17 Minnesota Statutes, section 94.11 or 16B.283, the commissioner 49.18 of finance may establish the timing of payments for land 49.19 purchased under this section. If the total of all money 49.20 deposited into the general fund from the proceeds of the sale of 49.21 land under this section is anticipated to be less than 49.22 $6,440,000, the governor must allocate the amount of the 49.23 difference as reductions to general fund operating expenditures 49.24 for other executive agencies for the biennium ending June 30, 49.25 2007. 49.26 Subd. 3. [SALE OF STATE LANDS REVOLVING LOAN 49.27 FUND.] $290,000 is appropriated from the general fund in fiscal 49.28 year 2006 to the commissioner of administration for purposes of 49.29 paying the actual expenses of selling state-owned lands to 49.30 achieve the anticipated savings required in this section. From 49.31 the gross proceeds of land sales under this section, the 49.32 commissioner of administration must cancel the amount of the 49.33 appropriation in this subdivision to the general fund by June 49.34 30, 2007. 49.35 Sec. 55. [STUDY OF STATE VEHICLES.] 49.36 The commissioner of administration must issue a request for 50.1 proposal seeking a private entity to conduct an independent 50.2 study of all light vehicles owned by executive branch agencies, 50.3 including constitutional offices but not the Minnesota State 50.4 Colleges and Universities. The study must include: 50.5 (1) an inventory of state-owned vehicles, detailing the 50.6 type and model of each vehicle, the primary location of each 50.7 vehicle, and the primary agency to which each vehicle is 50.8 assigned; 50.9 (2) the cost to the state of purchasing, maintaining, and 50.10 operating various types of state-owned vehicles; and 50.11 (3) an evaluation of the desirability of centralizing the 50.12 responsibility for state fleet management in an office of fleet 50.13 management within the Department of Administration. 50.14 The contractor must report the results of the study to the 50.15 legislature by January 15, 2006. 50.16 Sec. 56. [REQUEST FOR PROPOSAL; VEHICLES.] 50.17 If the commissioner determines it would be in the best 50.18 interests of the state, the commissioner of administration must 50.19 issue a request for proposal, seeking a private entity to assume 50.20 responsibility for maintenance and management of all vehicles 50.21 owned by executive branch agencies. For purposes of this 50.22 section, "executive branch agencies" includes constitutional 50.23 offices, but not the Minnesota State Colleges and Universities. 50.24 The commissioner may expand the scope of the request for 50.25 proposal to include private ownership of some or all of the 50.26 state vehicles covered by this section. 50.27 Sec. 57. [REQUEST FOR PROPOSAL; FORD BUILDING.] 50.28 The commissioner of administration must issue a request for 50.29 proposal, seeking a private entity to lease the Ford Building at 50.30 117 University Avenue in St. Paul. Notwithstanding any law to 50.31 the contrary, the lease may be for a term of up to 20 years. 50.32 The lease documents must provide that the tenant may not tear 50.33 down the building and may not alter the historic features of the 50.34 facade of the building. 50.35 Sec. 58. [REQUEST FOR PROPOSAL; REAL ESTATE.] 50.36 By October 1, 2005, the commissioner of administration must 51.1 issue a request for proposal, seeking a private entity to 51.2 assume, at no cost to the state, some or all of the 51.3 commissioner's responsibilities for providing real estate 51.4 management services to state agencies, including leasing 51.5 state-owned space under custodial control of the Department of 51.6 Administration to state agencies, arranging for leases of 51.7 non-state-owned space on behalf of state agencies, relocation of 51.8 state agencies, and sale and rental of state-owned property to 51.9 others. Notwithstanding any law to the contrary, the 51.10 commissioner may enter into a contract with a private entity to 51.11 provide these services, beginning no later than July 1, 2006. 51.12 Sec. 59. [TRAINING SERVICES.] 51.13 During the biennium ending June 30, 2007, state executive 51.14 agencies must consider using services provided by the Government 51.15 Training Services before contracting with other outside vendors 51.16 for similar services. 51.17 Sec. 60. [ASSESSMENT OF PUBLIC ACCESS TO INTERNET-BASED 51.18 GOVERNMENT INFORMATION.] 51.19 The commissioner of administration, in partnership with an 51.20 institution or institutions of higher education located in 51.21 Minnesota, shall assess public access to Internet-based 51.22 governmental information and applications and the availability 51.23 of Internet access for citizens to perform other Internet-based 51.24 activities such as applying for jobs or citizenship, college 51.25 entrance scholarships, and other activities that promote 51.26 self-sufficiency and civic participation. The commissioner 51.27 shall report the results to the legislature by August 1, 2006. 51.28 Sec. 61. [STUDY OF WATER AND SEWER BILLING.] 51.29 The League of Minnesota Cities is requested to convene a 51.30 working group to study issues relating to collection of 51.31 delinquent water and sewer bills from owners, lessees, and 51.32 occupants of rental property. The working group should include 51.33 representatives of cities, owners of rental property, municipal 51.34 utilities, and tenants. The working group is requested to 51.35 report its findings and recommendations to the legislature by 51.36 January 15, 2006. 52.1 Sec. 62. [PORTRAITS.] 52.2 The Capitol Area Architectural and Planning Board, in 52.3 consultation with the Minnesota Historical Society, must request 52.4 the Smithsonian Institution to extend the period during which 52.5 the portraits of Julie Finch Gilbert and Cass Gilbert are 52.6 displayed in the Capitol building. In negotiating an extension 52.7 of the loan period, the board must request that the portraits 52.8 remain on display in the Capitol when they are not being 52.9 publicly displayed elsewhere, but must recognize that it is 52.10 desirable for the portraits to be displayed in other buildings 52.11 designed by Cass Gilbert, in conjunction with centennial 52.12 celebrations for those buildings. 52.13 Sec. 63. [COYA KNUTSON MEMORIALS.] 52.14 The commissioner of administration shall establish 52.15 memorials in the Capitol building and in the city of Oklee 52.16 honoring Coya Knutson, who: 52.17 (1) served two terms in the Minnesota House of 52.18 Representatives, representing Red Lake, Pennington, and 52.19 Clearwater Counties; 52.20 (2) was elected to the United States House of 52.21 Representatives in 1954, becoming the first woman elected from 52.22 Minnesota to the United States Congress; 52.23 (3) was reelected to Congress in 1956; and 52.24 (4) died on October 10, 1996. 52.25 With respect to the memorial in the Capitol building, the 52.26 commissioner, with the assistance and approval of the Capitol 52.27 Area Architectural and Planning Board, shall select an 52.28 appropriate site, establish design criteria, choose a design, 52.29 and supervise construction. With respect to the memorial in 52.30 Oklee, the commissioner shall request the governing body of the 52.31 city of Oklee to designate an appropriate site and, in 52.32 consultation with the governing body, establish design criteria, 52.33 choose a design, and supervise construction. 52.34 Sec. 64. [REPEALER.] 52.35 Minnesota Statutes 2004, sections 3.9222; 16A.151, 52.36 subdivision 5; 16A.30; and 240A.08, are repealed. 53.1 ARTICLE 3 53.2 PUBLIC EMPLOYMENT 53.3 Section 1. Minnesota Statutes 2004, section 43A.23, 53.4 subdivision 1, is amended to read: 53.5 Subdivision 1. [GENERAL.] The commissioner is authorized 53.6 to request bidsfrom carriers or to negotiate with carriersand 53.7 to enter into contracts withcarriersparties which in the 53.8 judgment of the commissioner are best qualified tounderwrite53.9andprovide service to the benefit plans. Contracts entered 53.10 intowith carriersare not subject to the requirements of 53.11 sections 16C.16 to 16C.19. The commissioner may negotiate 53.12 premium rates and coverageprovisions with all carriers licensed53.13under chapters 62A, 62C, and 62D. The commissioner may also53.14negotiate reasonable restrictions to be applied to all carriers53.15under chapters 62A, 62C, and 62D. Contracts to underwrite the 53.16 benefit plans must be bid or negotiated separately from 53.17 contracts to service the benefit plans, which may be awarded 53.18 only on the basis of competitive bids. The commissioner shall 53.19 consider the cost of the plans, conversion options relating to 53.20 the contracts, service capabilities, character, financial 53.21 position, and reputation of the carriers, and any other factors 53.22 which the commissioner deems appropriate. Each benefit contract 53.23 must be for a uniform term of at least one year, but may be made 53.24 automatically renewable from term to term in the absence of 53.25 notice of termination by either party.The commissioner shall,53.26to the extent feasible, make hospital and medical benefits53.27available from at least one carrier licensed to do business53.28pursuant to each of chapters 62A, 62C, and 62D. The53.29commissioner need not provide health maintenance organization53.30services to an employee who resides in an area which is not53.31served by a licensed health maintenance organization. The53.32commissioner may refuse to allow a health maintenance53.33organization to continue as a carrier. The commissioner may53.34elect not to offer all three types of carriers if there are no53.35bids or no acceptable bids by that type of carrier or if the53.36offering of additional carriers would result in substantial54.1additional administrative costs.A carrier licensed under 54.2 chapter 62A is exempt from the taxes imposed by chapter 297I on 54.3 premiums paid to it by the state. 54.4 All self-insured hospital and medical service products must 54.5 comply with coverage mandates, data reporting, and consumer 54.6 protection requirements applicable to the licensed carrier 54.7 administering the product, had the product been insured, 54.8 including chapters 62J, 62M, and 62Q. Any self-insured products 54.9 that limit coverage to a network of providers or provide 54.10 different levels of coverage between network and nonnetwork 54.11 providers shall comply with section 62D.123 and geographic 54.12 access standards for health maintenance organizations adopted by 54.13 the commissioner of health in rule under chapter 62D. 54.14 Sec. 2. [43A.346] [POSTRETIREMENT OPTION.] 54.15 Subdivision 1. [DEFINITION.] For purposes of this section, 54.16 "employee" means a person currently occupying a civil service 54.17 position in the executive branch of state government, the 54.18 Minnesota State Retirement System, or the Office of the 54.19 Legislative Auditor, or a person employed by the Metropolitan 54.20 Council. 54.21 Subd. 2. [ELIGIBILITY.] This section applies to a state or 54.22 Metropolitan Council employee who: 54.23 (1) for at least the five years immediately preceding 54.24 separation under clause (2), has been regularly scheduled to 54.25 work 1,044 or more hours per year in a position covered by a 54.26 pension plan administered by the Minnesota State Retirement 54.27 System or the Public Employees Retirement Association; 54.28 (2) terminates state or Metropolitan Council employment; 54.29 (3) at the time of termination under clause (2), meets the 54.30 age and service requirements necessary to receive an unreduced 54.31 retirement annuity from the plan and satisfies requirements for 54.32 the commencement of the retirement annuity or, for an employee 54.33 under the unclassified employees retirement plan, meets the age 54.34 and service requirements necessary to receive an unreduced 54.35 retirement annuity from the plan and satisfies requirements for 54.36 the commencement of the retirement annuity or elects a lump-sum 55.1 payment; and 55.2 (4) agrees to accept a postretirement option position with 55.3 the same or a different appointing authority, working a reduced 55.4 schedule that is both (i) a reduction of at least 25 percent 55.5 from the employee's number of regularly scheduled work hours; 55.6 and (ii) 1,044 hours or less in state or Metropolitan Council 55.7 service. 55.8 Subd. 3. [UNCLASSIFIED SERVICE.] Notwithstanding any law 55.9 to the contrary, state postretirement option positions shall be 55.10 in the unclassified service but shall not be covered by the 55.11 Minnesota State Retirement System unclassified employees plan. 55.12 Subd. 4. [ANNUITY REDUCTION NOT APPLICABLE.] 55.13 Notwithstanding any law to the contrary, when an eligible state 55.14 employee in a postretirement option position under this section 55.15 commences receipt of the annuity, the provisions of section 55.16 352.115, subdivision 10, or 353.37 governing annuities of 55.17 reemployed annuitants, shall not apply for the duration of 55.18 employment in the position. 55.19 Subd. 5. [APPOINTING AUTHORITY DISCRETION.] The appointing 55.20 authority has sole discretion to determine if and the extent to 55.21 which a postretirement option position under this section is 55.22 available to a state employee. Any offer of such a position 55.23 must be made in writing to the employee by the appointing 55.24 authority on a form prescribed by the Department of Employee 55.25 Relations and the Minnesota State Retirement System or the 55.26 Public Employees Retirement Association. The appointing 55.27 authority may not require a person to waive any rights under a 55.28 collective bargaining agreement or unrepresented employee 55.29 compensation plan as a condition of participation. 55.30 Subd. 6. [DURATION.] Postretirement option employment 55.31 shall be for an initial period not to exceed one year. During 55.32 that period, the appointing authority may not modify the 55.33 conditions specified in the written offer without the employee's 55.34 agreement, except as required by law or by the collective 55.35 bargaining agreement or compensation plan applicable to the 55.36 employee. At the end of the initial period, the appointing 56.1 authority has sole discretion to determine if the offer of a 56.2 postretirement option position will be renewed, renewed with 56.3 modifications, or terminated. Postretirement option employment 56.4 may be renewed for periods of up to one year, not to exceed a 56.5 total duration of five years. No person shall be employed in 56.6 one or a combination of postretirement option positions under 56.7 this section for a total of more than five years. 56.8 Subd. 7. [COPY TO FUND.] The appointing authority shall 56.9 provide the Minnesota State Retirement System or the Public 56.10 Employees Retirement Association with a copy of the offer, the 56.11 employee's acceptance of the terms, and any subsequent renewal 56.12 agreement. 56.13 Subd. 8. [NO SERVICE CREDIT.] Notwithstanding any law to 56.14 the contrary, a person may not earn service credit in the 56.15 Minnesota State Retirement System or the Public Employees 56.16 Retirement Association for employment covered under this 56.17 section, and employer contributions and payroll deductions for 56.18 the retirement fund must not be made based on earnings of a 56.19 person working under this section. No change shall be made to a 56.20 monthly annuity or retirement allowance based on employment 56.21 under this section. 56.22 Subd. 9. [INSURANCE CONTRIBUTION.] Notwithstanding any law 56.23 to the contrary, the appointing authority must make an employer 56.24 insurance contribution for a person who is employed in a 56.25 postretirement option position under this section and who is not 56.26 receiving any other state-paid or Metropolitan Council-paid 56.27 employer insurance contribution. The amount of the contribution 56.28 must be equal to the percent time worked in the postretirement 56.29 option position (hours scheduled to be worked annually divided 56.30 by 2,088) times 1.5 times the full employer contribution for 56.31 employee-only health and dental coverage. The appointing 56.32 authority must contribute that amount to a health reimbursement 56.33 arrangement. 56.34 Subd. 10. [SUBSEQUENT EMPLOYMENT.] If a person has been in 56.35 a postretirement option position and accepts any other position 56.36 in state or Metropolitan Council-paid service, in the subsequent 57.1 state or Metropolitan Council-paid employment the person may not 57.2 earn service credit in the Minnesota State Retirement System or 57.3 Public Employees Retirement Association, no employer 57.4 contributions or payroll deductions for the retirement fund 57.5 shall be made, and the provisions of section 352.115, 57.6 subdivision 10, or section 353.37, shall apply. 57.7 Sec. 3. [VOLUNTARY UNPAID LEAVE OF ABSENCE.] 57.8 (a) Appointing authorities in state government may allow 57.9 each employee to take unpaid leaves of absence for up to 1,040 57.10 hours between July 1, 2005, and June 30, 2007. Each appointing 57.11 authority approving such a leave shall allow the employee to 57.12 continue accruing vacation and sick leave, be eligible for paid 57.13 holidays and insurance benefits, accrue seniority, and, if 57.14 payments are made under paragraph (b), accrue service credit and 57.15 credited salary in the state retirement plans as if the employee 57.16 had actually been employed during the time of leave. An 57.17 employee covered by the unclassified plan may voluntarily make 57.18 the employee contributions to the unclassified plan during the 57.19 leave of absence. If the employee makes these contributions, 57.20 the appointing authority must make the employer contribution. 57.21 If the leave of absence is for one full pay period or longer, 57.22 any holiday pay shall be included in the first payroll warrant 57.23 after return from the leave of absence. The appointing 57.24 authority shall attempt to grant requests for the unpaid leaves 57.25 of absence consistent with the need to continue efficient 57.26 operation of the agency. However, each appointing authority 57.27 shall retain discretion to grant or refuse to grant requests for 57.28 leaves of absence and to schedule and cancel leaves, subject to 57.29 the applicable provisions of collective bargaining agreements 57.30 and compensation plans. 57.31 (b) To receive eligible service credit and credited salary 57.32 in a defined benefit plan, the member shall pay an amount equal 57.33 to the applicable employee contribution rates. If an employee 57.34 pays the employee contribution for the period of the leave under 57.35 this section, the appointing authority must pay the employer 57.36 contribution. The appointing authority may, at its discretion, 58.1 pay the employee contributions. Contributions must be made in a 58.2 time and manner prescribed by the executive director of the 58.3 applicable pension plan. 58.4 [EFFECTIVE DATE.] This section is effective the day 58.5 following final enactment. 58.6 Sec. 4. [LABOR AGREEMENTS AND COMPENSATION PLANS.] 58.7 Subdivision 1. [AMERICAN FEDERATION OF STATE, COUNTY, AND 58.8 MUNICIPAL EMPLOYEES.] The arbitration award and labor agreement 58.9 between the state of Minnesota and the American Federation of 58.10 State, County, and Municipal Employees, unit 8, approved by the 58.11 Legislative Coordinating Commission Subcommittee on Employee 58.12 Relations on June 14, 2004, is ratified. 58.13 Subd. 2. [MINNESOTA LAW ENFORCEMENT ASSOCIATION; 58.14 ARBITRATION AWARD.] The arbitration award between the state of 58.15 Minnesota and the Minnesota Law Enforcement Association, 58.16 approved by the Legislative Coordinating Commission Subcommittee 58.17 on Employee Relations on June 14, 2004, is ratified. 58.18 Subd. 3. [HIGHER EDUCATION SERVICES OFFICE; COMPENSATION 58.19 PLAN.] The compensation plan for unrepresented employees of the 58.20 Higher Education Services Office, approved by the Legislative 58.21 Coordinating Commission Subcommittee on Employee Relations on 58.22 June 14, 2004, is ratified. 58.23 Subd. 4. [MINNESOTA LAW ENFORCEMENT ASSOCIATION; 58.24 BARGAINING AGREEMENT.] The collective bargaining agreement 58.25 between the state of Minnesota and the Minnesota Law Enforcement 58.26 Association, submitted to the Legislative Coordinating 58.27 Commission Subcommittee on Employee Relations on September 29, 58.28 2004, and implemented after 30 days on October 30, 2004, is 58.29 ratified. 58.30 Subd. 5. [INTER FACULTY ORGANIZATION.] The collective 58.31 bargaining agreement between the state of Minnesota and the 58.32 Inter Faculty Organization, submitted to the Legislative 58.33 Coordinating Commission Subcommittee on Employee Relations on 58.34 September 29, 2004, and implemented after 30 days on October 29, 58.35 2004, is ratified. 58.36 Subd. 6. [MINNESOTA NURSES ASSOCIATION.] The arbitration 59.1 award and the collective bargaining agreement between the state 59.2 of Minnesota and the Minnesota Nurses Association, approved by 59.3 the Legislative Coordinating Commission Subcommittee on Employee 59.4 Relations on December 20, 2004, is ratified. 59.5 Subd. 7. [TEACHERS RETIREMENT ASSOCIATION.] The proposal 59.6 to increase the salary of the executive director of the Teachers 59.7 Retirement Association, as modified and approved by the 59.8 Legislative Coordinating Commission Subcommittee on Employee 59.9 Relations on December 20, 2004, is ratified. 59.10 Subd. 8. [MINNESOTA STATE RETIREMENT SYSTEM.] The proposal 59.11 to increase the salary of the executive director of the 59.12 Minnesota State Retirement System, as modified and approved by 59.13 the Legislative Coordinating Commission Subcommittee on Employee 59.14 Relations on December 20, 2004, is ratified. 59.15 Subd. 9. [PUBLIC EMPLOYEES RETIREMENT ASSOCIATION.] The 59.16 proposal to increase the salary of the executive director of the 59.17 Public Employees Retirement Association, as modified and 59.18 approved by the Legislative Coordinating Commission Subcommittee 59.19 on Employee Relations on December 20, 2004, is ratified. 59.20 [EFFECTIVE DATE.] This section is effective the day 59.21 following final enactment. 59.22 ARTICLE 4 59.23 STATE MANDATES 59.24 Section 1. [471B.01] [DEFINITIONS.] 59.25 Subdivision 1. [SCOPE.] For purposes of this chapter, the 59.26 terms defined in this section have the meanings given them. 59.27 Subd. 2. [LOCAL GOVERNMENT.] "Local government" means a 59.28 county, town, school district, or statutory or home rule charter 59.29 city. 59.30 Subd. 3. [LOCAL GOVERNMENT OF THE SAME KIND.] "Local 59.31 government of the same kind" means any category of the 59.32 following: all cities, all counties, all school districts, or 59.33 all towns. 59.34 Subd. 4. [SAME CLASS.] "Same class" means all cities of 59.35 the same class. 59.36 Subd. 5. [SCHOOL DISTRICT.] "School district" means a 60.1 common, independent, or special school district and excludes 60.2 charter schools. 60.3 Subd. 6. [STATE MANDATE.] "State mandate" means a state 60.4 law or rule specifically directed at or related to local 60.5 government structure, operation, services, programs, or 60.6 financing that: 60.7 (1) imposes a cost on a local government, whether or not 60.8 the state appropriates money for the local government to cover 60.9 the total costs of the mandate, or specifically authorizes the 60.10 local government to impose a tax or fee to cover the costs; 60.11 (2) decreases revenue available to a local government 60.12 without a commensurate decrease in services and programs 60.13 required by the law or rule; 60.14 (3) makes a local government, or its officers or employees, 60.15 civilly or criminally liable for failure to follow or enforce 60.16 the law or rule; 60.17 (4) restricts the ability of a local government to 60.18 establish services, programs, policies, plans, or goals, or 60.19 restricts its ability to raise revenue or finance its services, 60.20 programs, policies, plans, or goals; or 60.21 (5) implements or interprets federal law and, by its 60.22 implementation or interpretation, increases or decreases 60.23 program, service, or funding levels. 60.24 Sec. 2. [471B.02] [REFORM OR OPT OUT RESOLUTION AND 60.25 PROCEDURES.] 60.26 Subdivision 1. [LOCAL PROCEDURE.] (a) A local government 60.27 may, by written resolution of the governing body after public 60.28 notice and hearing, propose that a state mandate imposed on all 60.29 local governments of the same kind or class, except a state 60.30 mandate under section 471B.03, should not apply to it. A local 60.31 government also may include in a resolution recommendations for 60.32 reforming a mandate. A local government must adopt a separate 60.33 resolution for each mandate under section 471B.03, that it 60.34 proposes should not apply to it. The resolution must: 60.35 (1) specifically cite the state law or rule that imposes 60.36 the mandate on the local government; 61.1 (2) identify any costs of complying with the mandate and 61.2 the total amount of federal and state funds available for 61.3 complying with the mandate; 61.4 (3) state the reasons the local government needs to opt out 61.5 of the state mandate and may recommend mandate reforms to 61.6 achieve greater efficiencies; and 61.7 (4) indicate how the local government will otherwise meet 61.8 the objectives of the mandate or why the objectives do not apply 61.9 to the local government. 61.10 (b) Before voting on the resolution, the governing body 61.11 must give adequate public notice of the proposed resolution, 61.12 including information on whether state or federal funding for 61.13 the local government might be adversely affected. The governing 61.14 body must hold at least one public hearing on the proposed 61.15 resolution and afford the public opportunity for comment. The 61.16 governing body must encourage public participation in the 61.17 hearing in order to determine the extent of public support for 61.18 the proposed resolution. 61.19 (c) The proponent of the proposed resolution at least must 61.20 identify at the hearing: 61.21 (1) the costs of complying with the mandate that exceed the 61.22 state and federal funds allocated to the district for purposes 61.23 of the mandate and recommend reforms for achieving greater 61.24 efficiencies; 61.25 (2) any potential loss of state or federal revenue that 61.26 might result from opting out of the state mandate; 61.27 (3) other policy issues or effects that might result; 61.28 (4) the purposes for which the mandate was imposed; 61.29 (5) any persons or categories of person who will be 61.30 adversely affected if the mandate is not complied with; and 61.31 (6) the costs and benefits of the mandate compared to the 61.32 costs and benefits of inaction. 61.33 (d) A local government that adopts a resolution must file 61.34 the resolution with the state auditor. At the time of filing, 61.35 the local government must pay the state auditor a fee to cover 61.36 actual costs the state auditor incurs in performing the duties 62.1 under this section. The amount of the fee is as follows: 62.2 (1) for each resolution filed by a local government with a 62.3 population over 100,000, $500; 62.4 (2) for each resolution filed by a local government with a 62.5 population over 20,000 and not more than 100,000, $350; 62.6 (3) for each resolution filed by a local government with a 62.7 population over 10,000 and not more than 20,000, $200; and 62.8 (4) for each resolution filed by a local government with a 62.9 population of not more than 10,000, $50. 62.10 All fees collected under this section are appropriated to the 62.11 state auditor for the purposes of this section. On July 1, 62.12 2005, and each July 1 thereafter, using the powers granted under 62.13 chapter 6, the auditor must determine the actual costs of 62.14 performing the duties under this section and adjust the amount 62.15 of the fee to reflect the auditor's actual costs. 62.16 Subd. 2. [STATE PROCEDURE.] The state auditor must: 62.17 (1) list on the state auditor's Web site all state mandates 62.18 cited in a resolution filed with the state auditor, identifying 62.19 for each mandate the local governments that adopted and filed a 62.20 resolution to opt out of a mandate, and whether the threshold 62.21 under subdivision 3 for opting out is met; 62.22 (2) keep a running total of the number and percent of local 62.23 governments of the same kind and, if applicable, same class, 62.24 that have filed a resolution to opt out; and 62.25 (3) notify the legislature when the threshold under 62.26 subdivision 3 for opting out is met. 62.27 Subd. 3. [THRESHOLD AND CERTIFICATION FOR OPTING OUT; 62.28 LEGISLATIVE OVERSIGHT.] (a) The state auditor must notify the 62.29 house of representatives and senate when the auditor certifies 62.30 that the minimum number of local governments of the same kind, 62.31 and, if applicable, same class, file resolutions under the 62.32 requirements of this chapter. The minimum number is set in 62.33 paragraph (c). The legislature must consider at least seven 62.34 certified opt out or reform proposals from each government of 62.35 the same kind or class listed in paragraph (c) submitted as a 62.36 notice from the auditor delivered to the legislature before the 63.1 regular session convenes in any year. The resolutions shall not 63.2 have any effect for implementation unless approved by law under 63.3 this subdivision. 63.4 (b) The house of representatives and senate must adopt 63.5 rules ensuring that bills to specifically address at least seven 63.6 mandates for which the minimum number of resolutions have been 63.7 filed are given a priority status and presented to the house and 63.8 senate for consideration and action by that body in a timely 63.9 manner during the regular session that year. 63.10 (c) The minimum number of local governments of the same 63.11 kind or class are: 63.12 (1) six counties; 63.13 (2) 25 home rule charter cities; 63.14 (3) 50 statutory cities; 63.15 (4) two cities of the first class; 63.16 (5) 14 cities of the second class; 63.17 (6) 11 cities of the third class; 63.18 (7) 50 cities of the fourth class; 63.19 (8) 75 towns; and 63.20 (9) 24 school districts. 63.21 Subd. 4. [OPT OUT OR REFORM IMPLEMENTATION AND LATER 63.22 OPTING OUT OR REFORMS.] After initial opt-out resolutions are 63.23 approved by the legislature and take effect, other local 63.24 governments of the same kind and, if applicable, same class, may 63.25 file resolutions to opt out of the same mandate. The 63.26 later-filed resolutions must be consistent with the law enacted 63.27 in response to the initial opt-out resolutions and later-filed 63.28 resolutions are only effective to the extent authorized by that 63.29 law. Each of these takes effect 30 days after the auditor 63.30 accepts the filing. 63.31 ARTICLE 5 63.32 MINNEAPOLIS TEACHER PENSIONS 63.33 Section 1. Minnesota Statutes 2004, section 354A.08, is 63.34 amended to read: 63.35 354A.08 [AUTHORIZED INVESTMENTS.] 63.36 (a) A teachers retirement fund association may receive, 64.1 hold, and dispose of real estate or personal property acquired 64.2 by it, whether the acquisition was by purchase, or any other 64.3 lawful means, as provided in this chapter or in the 64.4 association's articles of incorporation. In addition to other 64.5 authorized real estate investments, an association may also 64.6 invest funds in Minnesota situs nonfarm real estate ownership 64.7 interests or loans secured by mortgages or deeds of trust. 64.8 (b) All or a portion of the assets of a first class city 64.9 teacher retirement fund association may be invested by the State 64.10 Board of Investment under section 11A.14. 64.11 Sec. 2. Minnesota Statutes 2004, section 354A.12, 64.12 subdivision 3a, is amended to read: 64.13 Subd. 3a. [SPECIAL DIRECT STATE AID TO FIRST CLASS CITY 64.14 TEACHERS RETIREMENT FUND ASSOCIATIONS.] (a)In fiscal year 1998,64.15the state shall pay $4,827,000 to the St. Paul Teachers64.16Retirement Fund Association, $17,954,000 to the Minneapolis64.17Teachers Retirement Fund Association, and $486,000 to the Duluth64.18Teachers Retirement Fund Association.In eachsubsequentfiscal 64.19 year,these paymentsthe state shall pay to the first class city 64.20 teachers retirement fund associationsmust be $2,827,00064.21 $2,967,000 for the St. Paul, $12,954,000Teachers Retirement 64.22 Fund Association and $13,300,000 for the Minneapolis, and64.23$486,000 for DuluthTeachers Retirement Fund Association. 64.24 (b) The direct state aids under this subdivision are 64.25 payable October 1 annually. The commissioner of finance shall 64.26 pay the direct state aid. The amount required under this 64.27 subdivision is appropriated annually from the general fund to 64.28 the commissioner of finance. 64.29 (c) The direct state aid for the Minneapolis Teachers 64.30 Retirement Fund Association is governed by section 354A.121. 64.31 Sec. 3. Minnesota Statutes 2004, section 354A.12, 64.32 subdivision 3b, is amended to read: 64.33 Subd. 3b. [SPECIAL DIRECT STATE MATCHING AID TO THE 64.34 MINNEAPOLIS TEACHERS RETIREMENT FUND ASSOCIATION.] (a) Special 64.35 School District No. 1 may make an additional employer 64.36 contribution to the Minneapolis Teachers Retirement Fund 65.1 Association. The city of Minneapolis may make a contribution to 65.2 the Minneapolis Teachers Retirement Fund Association. This 65.3 contribution may be made by a levy of the board of estimate and 65.4 taxation of the city of Minneapolis and the levy, if made, is 65.5 classified as that of a special taxing district for purposes of 65.6 sections 275.065 and 276.04, and for all other property tax 65.7 purposes. 65.8 (b) For every $1,000 contributed in equal proportion by 65.9 Special School District No. 1 and by the city of Minneapolis to 65.10 the Minneapolis Teachers Retirement Fund Association under 65.11 paragraph (a), the state shall pay to the Minneapolis Teachers 65.12 Retirement Fund Association $1,000, but not to exceed $2,500,000 65.13 in total in fiscal year 1994. The superintendent of Special 65.14 School District No. 1, the mayor of the city of Minneapolis, and 65.15 the executive director of the Minneapolis Teachers Retirement 65.16 Fund Association shall jointly certify to the commissioner of 65.17 finance the total amount that has been contributed by Special 65.18 School District No. 1 and by the city of Minneapolis to the 65.19 Minneapolis Teachers Retirement Fund Association. Any 65.20 certification to the commissioner of education must be made 65.21 quarterly. If the total certifications for a fiscal year exceed 65.22 the maximum annual direct state matching aid amount in any 65.23 quarter, the amount of direct state matching aid payable to the 65.24 Minneapolis Teachers Retirement Fund Association must be limited 65.25 to the balance of the maximum annual direct state matching aid 65.26 amount available. The amount required under this paragraph, 65.27 subject to the maximum direct state matching aid amount, is 65.28 appropriated annually to the commissioner of finance. The state 65.29 matching aid is governed by section 354A.121. 65.30 (c) The commissioner of finance may prescribe the form of 65.31 the certifications required under paragraph (b). 65.32 Sec. 4. [354A.121] [INVESTMENT PROCEDURES FOR STATE AID TO 65.33 MINNEAPOLIS TEACHERS RETIREMENT PLAN.] 65.34 (a) Notwithstanding any provision of law to the contrary, 65.35 special direct state aid to the Minneapolis Teachers Retirement 65.36 Fund Association under section 354A.12, subdivision 3a or 3b, 66.1 and amortization or supplementary amortization state aid 66.2 reallocated to the Minneapolis Teachers Retirement Fund 66.3 Association, must be transferred and invested as provided in 66.4 this section. 66.5 (b) State aid for the Minneapolis Teachers Retirement Fund 66.6 Association referenced in paragraph (a) must be transferred to 66.7 the executive director of the State Board of Investment for 66.8 investment in the Minnesota supplemental investment fund. The 66.9 Minneapolis Teachers Retirement Fund Association state aid 66.10 amounts and any investment return obtained on those amounts must 66.11 be invested in the income share account unless the executive 66.12 director of the State Board of Investment, after appropriate 66.13 consultation with the board of trustees of the Minneapolis 66.14 Teachers Retirement Fund Association, determines that the amount 66.15 should be invested in a different account. The executive 66.16 director of the State Board of Investment, after appropriate 66.17 consultation with the board, may transfer amounts between 66.18 accounts in the Minnesota supplemental investment fund. 66.19 (c) If the assets of the Minneapolis teachers retirement 66.20 fund other than the assets to the credit of the Minneapolis 66.21 teachers retirement fund in the Minnesota supplemental 66.22 investment fund are insufficient to pay retirement annuities and 66.23 benefits that are due and payable or the reasonable and 66.24 necessary administrative expenses of the retirement plan that 66.25 are due and payable, the executive director of the State Board 66.26 of Investment shall transfer the required amount to meet that 66.27 insufficiency to the chief administrative officer of the 66.28 Minneapolis Teachers Retirement Fund Association. 66.29 (d) For purposes of annual actuarial valuations and annual 66.30 financial reports, the shares in the Minnesota supplemental 66.31 investment fund owned by the Minneapolis teachers retirement 66.32 fund must be considered an asset of the Minneapolis teachers 66.33 retirement fund. 66.34 Sec. 5. [354A.281] [MINNEAPOLIS TEACHERS RETIREMENT FUND 66.35 ASSOCIATION; POSTRETIREMENT ADJUSTMENTS.] 66.36 On January 1, 2006, and every January 1 thereafter, 67.1 eligible annuitants and benefit recipients of the Minneapolis 67.2 Teachers Retirement Fund Association are entitled to a 67.3 percentage postretirement adjustment equal to the percentage 67.4 adjustment payable under section 11A.18. Eligibility for a 67.5 postretirement adjustment must be governed by section 11A.18, 67.6 subdivision 9, paragraphs (c), clause (2), and (e). 67.7 Sec. 6. [REPEALER.] 67.8 (a) Minnesota Statutes, section 354A.28, is repealed. 67.9 (b) Article 30, sections 30.3, 30.4, and 30.5, of the 67.10 restated articles of incorporation of the Minneapolis Teachers 67.11 Retirement Fund Association are repealed. 67.12 Sec. 7. [EFFECTIVE DATE.] 67.13 Sections 1 to 6 are effective July 1, 2005. 67.14 ARTICLE 6 67.15 MILITARY 67.16 Section 1. Minnesota Statutes 2004, section 43A.183, is 67.17 amended to read: 67.18 43A.183 [PAYMENT OF SALARY DIFFERENTIAL FOR RESERVE FORCES 67.19 WHO REPORTED FOR ACTIVE SERVICE.] 67.20 (a) Each agency head shall pay to each eligible member of 67.21 the National Guard or other reserve component of the United 67.22 States Armed Forcesof the United Statesan amount equal to the 67.23difference between the member's basic active duty military67.24salary and the salary the member would be paid as an active67.25state employee, including any adjustments the member would have67.26received if not on leave of absenceperson's salary differential 67.27 for each month or portion of month that the person is ordered to 67.28 serve in active military service. The person's salary 67.29 differential is calculated as the difference between: 67.30 (1) the person's monthly total gross earnings as an active 67.31 state employee, excluding any overtime pay received but 67.32 including all other earnings, averaged over the last three full 67.33 months of the person's active state employment prior to 67.34 reporting to active military service, and including any 67.35 additional salary or earnings adjustments that the person would 67.36 have received at anytime during the person's military leave had 68.1 the person been serving as an active state employee during that 68.2 time; and 68.3 (2) the person's monthly base pay in active military 68.4 service. 68.5 This payment may be made only to a personwhose basic68.6active duty military salary is less than the salary the person68.7would be paid as an active state employeefor whom the amount in 68.8 clause (1) is greater than the amount in clause (2). Payments 68.9 must be made at the intervals at which the member received pay 68.10 as a state employee, except that any back pay due under this 68.11 section may be paid as a lump sum. Payment under this section 68.12 must not extend beyond four years from the date the employee 68.13 reported for active service, plus any additional time the 68.14 employee may be legally required to serve. An eligible member 68.15 of the National Guard or other reserve component of the United 68.16 States Armed Forces may apply for the pay differential benefits 68.17 authorized under this section prior to, during, or following the 68.18 person's active military service on or after May 29, 2003. 68.19 (b) An eligible member of the reserve components of the 68.20 United States Armed Forcesof the United Statesis a reservist 68.21 or National Guard member who was an employee of the state of 68.22 Minnesota at the time the memberreportedtook military leave 68.23 under section 192.261 to report for active military service. 68.24 (c) Forthepurposes of this section, an employee of the 68.25 state is an employee of the executive, judicial, or legislative 68.26 branch of state government or an employee of the Minnesota State 68.27 Retirement System, the Public Employee Retirement Association, 68.28 or the Teachers Retirement Association. 68.29 (d) For purposes of this section, the term "active service" 68.30 has the meaning given in section 190.05, subdivision 5, but 68.31 excludes service performed exclusively for purposes of: 68.32 (1) basic combat training, advanced individual training, 68.33 annual training, and periodic inactive duty training; 68.34 (2) special training periodically made available to reserve 68.35 members;and68.36 (3) service performed in accordance with section 190.08, 69.1 subdivision 3; and 69.2 (4) service performed as part of the active guard/reserve 69.3 program pursuant to United States Code, title 32, section 69.4 502(f), or other applicable authority. 69.5 (e) The agency head must continue the employee's enrollment 69.6 in health and dental coverage, and the employer contribution 69.7 toward that coverage, until the employeeis covered by health69.8and dental coverage provided by the armed forcesreports for 69.9 active military service. If the employee had elected dependent 69.10 coverage for health or dental coverage as of the time that the 69.11 employee reported for active service, the agency head must offer 69.12 the employee the option to continue the dependent coverage at 69.13 the employee's own expense. The agency head must permit the 69.14 employee to continue participating in any pretax account in 69.15 which the employee participated when the employee reported for 69.16 active service, to the extent of employee pay available for that 69.17 purpose. An employee who has opted to continue a permitted 69.18 benefit may cancel that continuation at anytime during the 69.19 person's military leave by written notification from the 69.20 employee, or from the employee's designated attorney-in-fact 69.21 under a power of attorney, to the agency head or the 69.22 commissioner of employee relations. 69.23 (f) The agency head must periodically inform in writing all 69.24 agency personnel who are or may be members of the reserve 69.25 component of the United States Armed Forces of the benefits 69.26 provided under this section and of the procedures relevant to 69.27 securing those benefits, including, but not limited to, any 69.28 procedures regarding the continuation and discontinuation of any 69.29 optional deductions. It will suffice to meet this requirement 69.30 if the agency head posts the information on the agency Web site 69.31 in a highly recognizable manner that can be easily found and 69.32 understood by the employees to whom it might apply. 69.33 Upon being ordered to active duty, the employee must notify 69.34 the agency head of that order in a timely manner and must 69.35 provide to the agency head the name of and contact information 69.36 for the employee's designated attorney-in-fact under a power of 70.1 attorney. Prior to the commencement of the employee's military 70.2 leave, the agency head must ensure the agency's receipt of that 70.3 information and immediately convey that information to the 70.4 commissioners of finance and employee relations, including any 70.5 subsequent change in that designation by the employee. When 70.6 communicating with the employee during the person's military 70.7 leave, the agency head and the commissioners of finance and 70.8 employee relations must immediately provide a copy of the 70.9 communication to the employee's designated attorney-in-fact. 70.10 Those officials must also honor requests for information or 70.11 other appropriate directives from that designee on behalf of the 70.12 employee during the employee's military leave. 70.13 (g) The commissioners of employee relations and finance 70.14 shall adopt procedures required to implement this section. The 70.15 procedures are exempt from chapter 14. 70.16(g)(h) This section does not apply to a judge, legislator, 70.17 or constitutional officer of the executive branch. 70.18 [EFFECTIVE DATE.] This section is effective the day 70.19 following final enactment and applies to state employees serving 70.20 in active military service on or after May 29, 2003. 70.21 Sec. 2. Minnesota Statutes 2004, section 190.16, is 70.22 amended by adding a subdivision to read: 70.23 Subd. 6a. [RENTAL OF CAMP RIPLEY FACILITIES.] The adjutant 70.24 general or the adjutant general's designee may rent buildings or 70.25 other facilities at Camp Ripley to persons under terms and 70.26 conditions specified by the adjutant general or designee. 70.27 Subject to any prohibitions or restrictions in any agreement 70.28 between the United States and the state of Minnesota, proceeds 70.29 of rentals under this subdivision must be applied as follows: 70.30 (1) payment of increased utilities, maintenance, or other 70.31 costs directly attributable to the rental; 70.32 (2) other operating and maintenance or repair costs for the 70.33 building or facility being rented; and 70.34 (3) maintenance and improvement of buildings or other 70.35 facilities at Camp Ripley. 70.36 Rentals under this subdivision must be made under terms and 71.1 conditions that do not conflict with the use of Camp Ripley for 71.2 military purposes. 71.3 Sec. 3. Minnesota Statutes 2004, section 192.19, is 71.4 amended to read: 71.5 192.19 [RETIRED MEMBERS MAY BE ORDERED TO ACTIVE DUTY.] 71.6 The commander-in-chief or the adjutant general may assign 71.7 officers, warrant officers, and enlisted personnel on the 71.8 retired list, with their consent, to temporary active service in 71.9 recruiting, upon courts-martial, courts of inquiry and boards, 71.10 to staff duty not involving service with troops, or in charge of 71.11 a military reservation left temporarily without officers. Such 71.12 personnel while so assigned shall receive the full pay and 71.13 allowances of their grades at time of retirement, except that 71.14 the commander-in-chief or the adjutant general may authorize pay 71.15 and allowances in a higher grade when it is considered 71.16 appropriate based on special skills or experience of the person 71.17 being assigned to temporary active service. 71.18 Sec. 4. Minnesota Statutes 2004, section 192.261, 71.19 subdivision 1, is amended to read: 71.20 Subdivision 1. [LEAVE OF ABSENCE WITHOUT PAY.] Subject to 71.21 the conditions hereinafter prescribed, any officer or employee 71.22 of the state or of any political subdivision, municipal 71.23 corporation, or other public agency of the state who engages in 71.24 active service in time of war or other emergency declared by 71.25 proper authority in any of the military or naval forces of the 71.26 state or of the United States for which leave is not otherwise 71.27 allowed by law shall be entitled to leave of absence from the 71.28 officer's or employee's public office or employment without pay 71.29 during such service, with right of reinstatement as hereinafter 71.30 provided. Such leave of absence without pay, whether heretofore 71.31 or hereafter, shall not extend beyond four years plus such 71.32 additional time in each case as such an officer or employee may 71.33 be required to serve pursuant to law. This shall not be 71.34 construed to preclude the allowance of leave with pay for such 71.35 service to any person entitled thereto under section 43A.183, 71.36 192.26, or 471.975. Nothing in this section contained shall 72.1 affect any of the provisions or application of section 352.27 72.2 nor of section 192.26 to 192.264, or any laws amendatory 72.3 thereof, insofar as such sections pertain to the state employees 72.4 retirement association or its members. 72.5 [EFFECTIVE DATE.] This section is effective the day 72.6 following final enactment and applies to state employees serving 72.7 in active military service on or after May 29, 2003. 72.8 Sec. 5. Minnesota Statutes 2004, section 192.261, 72.9 subdivision 2, is amended to read: 72.10 Subd. 2. [REINSTATEMENT.] Except as otherwise hereinafter 72.11 provided, upon the completion of such service such officer or 72.12 employee shall be reinstated in the public position, which was 72.13 held at the time of entry into such service, or a public 72.14 position of like seniority, status, and pay if such is available 72.15 at the same salary which the officer or employee would have 72.16 received if the leave had not been taken, upon the following 72.17 conditions: (1) that the position has not been abolished or 72.18 that the term thereof, if limited, has not expired; (2) that the 72.19 officer or employee is not physically or mentally disabled from 72.20 performing the duties of such position; (3) that the officer or 72.21 employee makes written application for reinstatement to the 72.22 appointing authority within 90 days after termination of such 72.23 service, or 90 days after discharge from hospitalization or 72.24 medical treatment which immediately follows the termination of, 72.25 and results from, such service; provided such application shall 72.26 be made within one year and 90 days after termination of such 72.27 service notwithstanding such hospitalization or medical 72.28 treatment; (4) that the officer or employee submits an honorable 72.29 discharge or other form of release by proper authority 72.30 indicating that the officer's or employee's military or naval 72.31 service was satisfactory. Upon such reinstatement the officer 72.32 or employee shall have the same rights with respect to accrued 72.33 and future seniority status, efficiency rating, vacation, sick 72.34 leave, and other benefits as if that officer or employee had 72.35 been actually employed during the time of such leave. The 72.36 officer or employee reinstated under this section is entitled to 73.1 vacation and sick leave with pay as provided in any applicable 73.2 civil service rules, collective bargaining agreement, or 73.3 compensation plan, and accumulates vacation and sick leave from 73.4 the time the person enters active military service until the 73.5 date of reinstatement without regard to any otherwise applicable 73.6 limits on civil service rules limiting the number of days which 73.7 may be accumulated. No officer or employee so reinstated shall 73.8 be removed or discharged within one year thereafter except for 73.9 cause, after notice and hearing; but this shall not operate to 73.10 extend a term of service limited by law. 73.11 [EFFECTIVE DATE.] This section is effective the day 73.12 following final enactment and applies to any public officer or 73.13 public employee serving in active military service on or after 73.14 September 11, 2001. 73.15 Sec. 6. Minnesota Statutes 2004, section 192.501, 73.16 subdivision 2, is amended to read: 73.17 Subd. 2. [TUITION AND TEXTBOOK REIMBURSEMENT GRANT 73.18 PROGRAM.] (a) The adjutant general shall establish a program to 73.19 provide tuition and textbook reimbursement grants to eligible 73.20 members of the Minnesota National Guard within the limitations 73.21 of this subdivision. 73.22 (b) Eligibility is limited to a member of the National 73.23 Guard who: 73.24 (1) is serving satisfactorily as defined by the adjutant 73.25 general; 73.26 (2) is attending a postsecondary educational institution, 73.27 as defined by section 136A.15, subdivision 6, including a 73.28 vocational or technical school operated or regulated by this 73.29 state or another state or province; and 73.30 (3) provides proof of satisfactory completion of 73.31 coursework, as defined by the adjutant general. 73.32In addition,(c) Notwithstanding paragraph (b), clause (1), 73.33 for a person who: 73.34 (1) has satisfactorily completed the person's service 73.35 contract in the Minnesota National Guard or the portion of it 73.36 involving selective reserve status, for which any part of that 74.1 service was spent serving honorably in federal active service or 74.2 federally funded state active service since September 11, 2001, 74.3 the person's eligibility is extended for a period of two years, 74.4 plus an amount of time equal to the duration of that person's 74.5 active service, subject to the credit hours limit in paragraph 74.6 (h); or 74.7 (2) has served honorably in the Minnesota National Guard 74.8 and has been separated or discharged from that organization due 74.9 to a service-connected injury, disease, or disability, the 74.10 eligibility period is extended for eight years beyond the date 74.11 of separation, subject to the credit hours limit in paragraph 74.12 (h). 74.13 (d) Notwithstanding paragraph (b), clause (1), a member or 74.14 former member of the Minnesota National Guard who is eligible 74.15 for tuition and textbook reimbursement grant benefits under this 74.16 section and has eligibility remaining under the credit hours 74.17 limit in paragraph (h), and who has a service-connected 74.18 disability rating of 30 percent or more as certified by the 74.19 United States Department of Veterans Affairs, may transfer the 74.20 person's remaining eligibility to the person's spouse for use in 74.21 place of the member or former member, subject to the credit 74.22 hours limit in paragraph (h) for the member and spouse combined, 74.23 and subject to any time limits applicable to the member or 74.24 former member. Notwithstanding any such transfer of grant 74.25 benefits by the member or former member to the person's spouse, 74.26 the person may revoke that transfer at anytime; however, any 74.27 such revocation does not restore the credit hours of eligibility 74.28 already used by the spouse. 74.29 (e) If a member of the Minnesota National Guard is killed 74.30 in the line of state active service or federally funded state 74.31 active service,as defined in section 190.05, subdivisions 5a74.32and 5b,the member's surviving spouse, and any surviving 74.33 dependent who has not yet reached 24 years of age, is eligible 74.34 for a tuition and textbook reimbursement grant, with each 74.35 eligible person independently subject to the credit hours limit 74.36 in paragraph (h). 75.1 (f) The adjutant general may, within the limitations of 75.2this paragraphparagraphs (b) to (e) and other applicable laws, 75.3 determine additional eligibility criteria for the grant, and 75.4 must specify the criteria in department regulations and publish 75.5 changes as necessary. 75.6(c)(g) The amount of a tuition and textbook reimbursement 75.7 grant must be specified on a schedule as determined and 75.8 published in department regulations by the adjutant general, but 75.9 is limited to a maximum of an amount equal to the greater of: 75.10 (1) up to 100 percent of the cost of tuition for lower 75.11 division programs in the College of Liberal Arts at the Twin 75.12 Cities campus of the University of Minnesota in the most recent 75.13 academic year; or 75.14 (2) up to 100 percent of the cost of tuition for the 75.15 program in which the person is enrolled at that Minnesota public 75.16 institution, or if that public institution is outside the state 75.17 of Minnesota, for the cost of a comparable program at the 75.18 University of Minnesota, except that in the case of a survivor 75.19 as defined in paragraph (b), the amount of the tuition and 75.20 textbook reimbursement grant for coursework satisfactorily 75.21 completed by the person is limited to 100 percent of the cost of 75.22 tuition for postsecondary courses at a Minnesota public 75.23 educational institution. 75.24Paragraph(h) Paragraphs (b) to (f) notwithstanding, a 75.25 person is no longer eligible for a grant under this subdivision 75.26 once the person has received grants under this subdivision for 75.27 the equivalent of 208 quarter credits or 144 semester credits of 75.28 coursework. 75.29(d)(i) Tuition and textbook reimbursement grants received 75.30 under this subdivision may not be considered by the Minnesota 75.31 Higher Education Services Office or by any other state board, 75.32 commission, or entity in determining a person's eligibility for 75.33 a scholarship or grant-in-aid under sections 136A.095 to 75.34 136A.1311. 75.35(e)(j) If a member fails to complete a term of enlistment 75.36 during which a tuition and textbook reimbursement grant was 76.1 paid, the adjutant general may seek to recoup a prorated amount 76.2 as determined by the adjutant general. However, this authority 76.3 does not apply to a person whose separation from the Minnesota 76.4 National Guard is due to a medical condition or financial 76.5 hardship. 76.6 (k) For purposes of this section, the terms "active 76.7 service," "state active service," "federally funded state active 76.8 service," and "federal active service" have the meanings given 76.9 in section 190.05, subdivisions 5 to 5c, respectively, except 76.10 that for purposes of paragraph (c), clause (1), these terms 76.11 exclude service performed exclusively for purposes of: 76.12 (1) basic combat training, advanced individual training, 76.13 annual training, and periodic inactive duty training; 76.14 (2) special training periodically made available to reserve 76.15 members; 76.16 (3) service performed in accordance with section 190.08, 76.17 subdivision 3; and 76.18 (4) service performed as part of the active guard/reserve 76.19 program pursuant to United States Code, title 32, section 76.20 502(f), or other applicable authority. 76.21 [EFFECTIVE DATE.] This section is effective the day 76.22 following final enactment and applies to persons who have served 76.23 in the Minnesota National Guard at anytime since September 11, 76.24 2001, and if the person has died in the line of service, to the 76.25 person's surviving spouse and dependents as well. 76.26 Sec. 7. Minnesota Statutes 2004, section 193.29, 76.27 subdivision 3, is amended to read: 76.28 Subd. 3. [JOINT BOARDS.] In all cases in which more than 76.29 one company or other unit of the military forces shall occupy 76.30 the same armory, the armory board shall consist of 76.31officersmilitary personnel assigned to the units or 76.32 organizations quartered therein. The adjutant general shall 76.33 designate by order from time to time the representatives of each 76.34 unit quartered therein to comprise the armory board for each 76.35 armory. In the discretion of the adjutant general, the 76.36 membership of the board may be comprised of officers, warrant 77.1 officers, and enlisted personnel and may be changed from time to 77.2 time so as to give the several organizations quartered therein 77.3 proper representation on the board. 77.4 Sec. 8. Minnesota Statutes 2004, section 193.30, is 77.5 amended to read: 77.6 193.30 [COMMANDING OFFICERSMANAGEMENT OF ARMORY BOARD.] 77.7 The seniorofficermember on each armory board shall be the 77.8 chair, and the juniorofficermember thereof shall be the 77.9 recorder. A record of the proceedings of the board shall be 77.10 kept, and all motions offered, whether seconded or not, shall be 77.11 put to a vote and the result recorded. In the case of a tie 77.12 vote the adjutant general, upon the request of any member, shall 77.13 decide. The governor may make and alter rules for the 77.14 government of armory boards, officers, and other persons having 77.15 charge of armories, arsenals, or other military property of the 77.16 state. 77.17 Sec. 9. Minnesota Statutes 2004, section 193.31, is 77.18 amended to read: 77.19 193.31 [SENIOR OFFICER TOCONTROL OF DRILL HALL.] 77.20 The seniorofficermember of any company or other 77.21 organization assembling at an armory for drill or instruction 77.22 shall have control of the drill hall or other portion of the 77.23 premises used therefor during such occupancy, subject to the 77.24 rules prescribed for its use and the orders of thatofficer's77.25 member's superior. Any person who intrudes contrary to orders, 77.26 or who interrupts, molests, or insults any troops so assembled, 77.27 or who refuses to leave the premises when properly requested so 77.28 to do, shall be guilty of a misdemeanor. Nothing in this 77.29 section shall prevent reasonable inspection of the premises by 77.30 the proper municipal officer, or by the lessor thereof in 77.31 accordance with the terms of the lease. 77.32 Sec. 10. Minnesota Statutes 2004, section 471.975, is 77.33 amended to read: 77.34 471.975 [MAY PAY DIFFERENTIAL OF RESERVE ON ACTIVE DUTY.] 77.35 (a) Except as provided in paragraph (b), a statutory or 77.36 home rule charter city, county, town, or other political 78.1 subdivision may pay to each eligible member of the National 78.2 Guard or other reserve component of the armed forces of the 78.3 United States an amount equal to the difference between the 78.4 member's basic active duty military salary and the salary the 78.5 member would be paid as an active political subdivision 78.6 employee, including any adjustments the member would have 78.7 received if not on leave of absence. This payment may be made 78.8 only to a person whose basic active duty military salary is less 78.9 than the salary the person would be paid as an active political 78.10 subdivision employee. Back pay authorized by this section may 78.11 be paid in a lump sum. Payment under this section must not 78.12 extend beyond four years from the date the employee reported for 78.13 active service, plus any additional time the employee may be 78.14 legally required to serve. 78.15 (b) Subject to the limits under paragraph (g), each school 78.16 district shall pay to each eligible member of the National Guard 78.17 or other reserve component of the armed forces of the United 78.18 States an amount equal to the difference between the member's 78.19 basic active duty military salary and the salary the member 78.20 would be paid as an active school district employee, including 78.21 any adjustments the member would have received if not on leave 78.22 of absence. The pay differential must be based on a comparison 78.23 between the member's daily rate of active duty pay, calculated 78.24 by dividing the member's military monthly salary by the number 78.25 of paid days in the month, and the member's daily rate of pay 78.26 for the member's school district salary, calculated by dividing 78.27 the member's total school district salary by the number of 78.28 contract days. The member's salary as a school district 78.29 employee must include the member's basic salary and any 78.30 additional salary the member earns from the school district for 78.31 cocurricular activities. The differential payment under this 78.32 paragraph must be the difference between the daily rates of 78.33 military pay times the number of school district contract days 78.34 the member misses because of military active duty. This payment 78.35 may be made only to a person whose basic active duty military 78.36 salary is less than the salary the person would be paid as an 79.1 active school district employee. Payments may be made at the 79.2 intervals at which the member received pay as a school district 79.3 employee. Payment under this section must not extend beyond 79.4 four years from the date the employee reported for active 79.5 service, plus any additional time the employee may be legally 79.6 required to serve. 79.7 (c) An eligible member of the reserve components of the 79.8 armed forces of the United States is a reservist or National 79.9 Guard member who was an employee of a political subdivision at 79.10 the time the member reported for active service on or after May 79.11 29, 2003, or who is on active service on May 29, 2003. 79.12 (d)Notwithstanding other obligations under law andExcept 79.13 as provided in paragraph (e) and elsewhere in Minnesota 79.14 Statutes, a statutory or home rule charter city, county, town, 79.15 or other political subdivision has total discretion regarding 79.16 employee benefit continuation for a member who reports for 79.17 active service and the terms and conditions of any benefit. 79.18 (e) A school district must continue the employee's 79.19 enrollment in health and dental coverage, and the employer 79.20 contribution toward that coverage, until the employee is covered 79.21 by health and dental coverage provided by the armed forces. If 79.22 the employee had elected dependent coverage for health or dental 79.23 coverage as of the time that the employee reported for active 79.24 service, a school district must offer the employee the option to 79.25 continue the dependent coverage at the employee's own expense. 79.26 A school district must permit the employee to continue 79.27 participating in any pretax account in which the employee 79.28 participated when the employee reported for active service, to 79.29 the extent of employee pay available for that purpose. 79.30 (f) For purposes of this section, "active service" has the 79.31 meaning given in section 190.05, subdivision 5, but excludes 79.32 service performed exclusively for purposes of: 79.33 (1) basic combat training, advanced individual training, 79.34 annual training, and periodic inactive duty training; 79.35 (2) special training periodically made available to reserve 79.36 members; and 80.1 (3) service performed in accordance with section 190.08, 80.2 subdivision 3. 80.3 (g) A school district making payments under paragraph (b) 80.4 shall place a sum equal to any difference between the amount of 80.5 salary that would have been paid to the employee who is 80.6 receiving the payments and the amount of salary being paid to 80.7 substitutes for that employee into a special fund that must be 80.8 used to pay or partially pay the deployed employee's payments 80.9 under paragraph (b). A school district is required to pay only 80.10 this amount to the deployed school district employee. 80.11 [EFFECTIVE DATE.] This section is effective the day 80.12 following final enactment and applies to any public officer or 80.13 public employee serving in active military service on or after 80.14 September 11, 2001. 80.15 ARTICLE 7 80.16 VETERANS 80.17 Section 1. [196.28] [HEPATITIS C EDUCATIONAL MATERIALS.] 80.18 The commissioner of veterans affairs may develop and make 80.19 available to physicians, other health care providers, veterans, 80.20 and other persons at high risk for hepatitis C (HCV) educational 80.21 materials, in written and electronic forms, on the diagnosis, 80.22 treatment, and prevention of HCV. The educational materials may 80.23 include recommendations of the federal Centers for Disease 80.24 Control and Prevention and any other person or entity having 80.25 knowledge on HCV, including the American Liver Foundation. The 80.26 materials shall be written in terms understandable by members of 80.27 the general public. 80.28 Sec. 2. Minnesota Statutes 2004, section 197.608, 80.29 subdivision 5, is amended to read: 80.30 Subd. 5. [QUALIFYING USES.] The commissioner shall consult 80.31 with the Minnesota Association of County Veterans Service 80.32 Officers in developing a list of qualifying uses for grants 80.33 awarded under this program. The commissioner is authorized to 80.34 use any unexpended funding for this program to provide training 80.35 and education for county veterans service officers. 80.36 [EFFECTIVE DATE.] This section is effective the day 81.1 following final enactment. 81.2 Sec. 3. [197.80] [LIMITATION ON CONDEMNATION.] 81.3 No county in the metropolitan area may acquire by eminent 81.4 domain property owned or leased and operated by a nonprofit 81.5 organization and primarily used to provide recreational 81.6 opportunities to disabled veterans and their families. 81.7 [EFFECTIVE DATE.] This section is effective the day 81.8 following final enactment. 81.9 Sec. 4. Minnesota Statutes 2004, section 394.25, is 81.10 amended by adding a subdivision to read: 81.11 Subd. 3d. [NONPROFIT RECREATIONAL PROPERTY FOR USE BY 81.12 DISABLED VETERANS.] Property located in a county in the 81.13 metropolitan area with a population of less than 500,000, and 81.14 owned or leased and operated by a nonprofit organization, and 81.15 primarily used to provide recreational opportunities for 81.16 disabled veterans and their families is a legal conforming use 81.17 for purposes of zoning controls. Improvements to such property 81.18 shall be allowed under the terms of a planned unit development 81.19 permit. 81.20 [EFFECTIVE DATE.] This section is effective the day 81.21 following final enactment. 81.22 Sec. 5. Minnesota Statutes 2004, section 462.357, is 81.23 amended by adding a subdivision to read: 81.24 Subd. 1g. [NONPROFIT RECREATIONAL PROPERTY FOR USE BY 81.25 DISABLED VETERANS.] Property located in a county in the 81.26 metropolitan area with a population of less than 500,000, and 81.27 owned or leased and operated by a nonprofit organization, and 81.28 primarily used to provide recreational opportunities for 81.29 disabled veterans and their families is a legal conforming use 81.30 for purposes of zoning controls. Improvements to such property 81.31 shall be allowed under the terms of a planned unit development 81.32 permit. 81.33 [EFFECTIVE DATE.] This section is effective the day 81.34 following final enactment. 81.35 Sec. 6. Minnesota Statutes 2004, section 473.147, is 81.36 amended by adding a subdivision to read: 82.1 Subd. 1a. [DISABLED VETERANS REST CAMP EXCLUDED FROM 82.2 REGIONAL RECREATIONAL OPEN SPACE SYSTEM.] Property occupied by 82.3 the Disabled Veterans Rest Camp on Big Marine Lake in Washington 82.4 County is excluded from the regional recreational open space 82.5 system. 82.6 [EFFECTIVE DATE.] This section is effective the day 82.7 following final enactment. 82.8 Sec. 7. Laws 2000, chapter 461, article 4, section 4, as 82.9 amended by Laws 2003, First Special Session chapter 12, article 82.10 6, section 3, and Laws 2004, chapter 267, article 17, section 7, 82.11 is amended to read: 82.12 Sec. 4. [EFFECTIVE DATE; SUNSET REPEALER.] 82.13(a)Sections 1, 2, and 3 are effectiveonthe day following 82.14 final enactment. 82.15(b) Sections 1, 2, and 3, are repealed on May 16, 2006.82.16 [EFFECTIVE DATE.] This section is effective the day 82.17 following final enactment. 82.18 Sec. 8. [RESTRICTIONS LIMITED.] 82.19 No county may take any action to encumber or restrict 82.20 ingress or egress below levels permissible on January 1, 2005, 82.21 to property located in a county in the metropolitan area with a 82.22 population of less than 500,000, and owned or leased and 82.23 operated by a nonprofit organization, and primarily used to 82.24 provide recreational opportunities to disabled veterans and 82.25 their families. 82.26 [EFFECTIVE DATE.] This section is effective the day 82.27 following final enactment. 82.28 Sec. 9. [DISABLED VETERANS CAMP REQUIREMENTS.] 82.29 The Disabled Veterans Rest Camp on Big Marine Lake in 82.30 Washington County ("The Camp") must develop and promote camp 82.31 features and amenities for veterans who are disabled or have 82.32 limited physical capabilities. The camp shall modify its 82.33 operating policies and procedures to include provisions for the 82.34 regular rotation of the use of campsites, cabins, and parking 82.35 spots for travel trailers, limiting the time that any one 82.36 veteran can use the cabin and campsites especially when there is 83.1 a waiting list of veterans with service-connected disabilities. 83.2 [EFFECTIVE DATE.] This section is effective the day 83.3 following final enactment. 83.4 Sec. 10. [PLAQUE HONORING VETERANS OF THE PERSIAN GULF 83.5 WAR.] 83.6 A memorial plaque may be placed in the court of honor on 83.7 the capitol grounds to recognize the valiant service to our 83.8 nation by the thousands of brave men and women who served 83.9 honorably as members of the United States Armed Forces during 83.10 the Persian Gulf War. The plaque must be furnished by a person 83.11 or organization other than the Department of Veterans Affairs 83.12 and must be approved by the commissioner of veterans affairs and 83.13 the Capitol Area Architectural and Planning Board. 83.14 [EFFECTIVE DATE.] This section is effective the day 83.15 following final enactment. 83.16 Sec. 11. [REPEALER.] 83.17 Minnesota Statutes 2004, sections 43A.11, subdivision 2; 83.18 and 197.455, subdivision 3, are repealed. 83.19 ARTICLE 8 83.20 ELECTIONS AND CAMPAIGN FINANCE 83.21 Section 1. Minnesota Statutes 2004, section 3.02, is 83.22 amended to read: 83.23 3.02 [EVIDENCE OF MEMBERSHIP.] 83.24 For all purposes of organization of either house of the 83.25 legislature, a certificate of election to it, duly executed by 83.26 the secretary of state, is prima facie evidence of the right to 83.27 membership of the person named in it. The secretary of state 83.28 shall issue the certificate of election in duplicate and shall 83.29 file and retain one copy for the official records of the state 83.30 and present one copy to each legislator. 83.31 Sec. 2. Minnesota Statutes 2004, section 10A.01, 83.32 subdivision 5, is amended to read: 83.33 Subd. 5. [ASSOCIATED BUSINESS.] "Associated business" 83.34 means an association, corporation, partnership, limited 83.35 liability company, limited liability partnership, or other 83.36 organized legal entity from which the individual receives 84.1 compensation in excess of $50, except for actual and reasonable 84.2 expenses, in any month as a director, officer, owner, member, 84.3 partner, employer or employee, or whose securities the 84.4 individual holds worth $2,500 or more at fair market value. 84.5 Sec. 3. Minnesota Statutes 2004, section 10A.01, 84.6 subdivision 21, is amended to read: 84.7 Subd. 21. [LOBBYIST.] (a) "Lobbyist" means an individual: 84.8 (1) engaged for pay or other consideration of more than 84.9 $3,000 from all sources in any year for the purpose of 84.10 attempting to influence legislative or administrative action, or 84.11 the official action of a metropolitan governmental unit, by 84.12 communicating or urging others to communicate with public or 84.13 local officials; or 84.14 (2) who spends more than $250, not including the 84.15 individual's own traveling expenses and membership dues, in any 84.16 year for the purpose of attempting to influence legislative or 84.17 administrative action, or the official action of a metropolitan 84.18 governmental unit, by communicating or urging others to 84.19 communicate with public or local officials. 84.20 (b) "Lobbyist" does not include: 84.21 (1) a public official; 84.22 (2) an employee of the state, including an employee of any 84.23 of the public higher education systems; 84.24 (3) an elected local official; 84.25 (4) a nonelected local official or an employee of a 84.26 political subdivision acting in an official capacity, unless the 84.27 nonelected official or employee of a political subdivision 84.28 spends more than50ten hours in any month attempting to 84.29 influence legislative or administrative action, or the official 84.30 action of a metropolitan governmental unit other than the 84.31 political subdivision employing the official or employee, by 84.32 communicating or urging others to communicate with public or 84.33 local officials, including time spent monitoring legislative or 84.34 administrative action, or the official action of a metropolitan 84.35 governmental unit, and related research, analysis, and 84.36 compilation and dissemination of information relating to 85.1 legislative or administrative policy in this state, or to the 85.2 policies of metropolitan governmental units, but not including 85.3 travel time related to these actions; 85.4 (5) a party or the party's representative appearing in a 85.5 proceeding before a state board, commission, or agency of the 85.6 executive branch unless the board, commission, or agency is 85.7 taking administrative action; 85.8 (6) an individual while engaged in selling goods or 85.9 services to be paid for by public funds; 85.10 (7) a news medium or its employees or agents while engaged 85.11 in the publishing or broadcasting of news items, editorial 85.12 comments, or paid advertisements which directly or indirectly 85.13 urge official action; 85.14 (8) a paid expert witness whose testimony is requested by 85.15 the body before which the witness is appearing, but only to the 85.16 extent of preparing or delivering testimony; or 85.17 (9) a party or the party's representative appearing to 85.18 present a claim to the legislature and communicating to 85.19 legislators only by the filing of a claim form and supporting 85.20 documents and by appearing at public hearings on the claim. 85.21 (c) An individual who volunteers personal time to work 85.22 without pay or other consideration on a lobbying campaign, and 85.23 who does not spend more than the limit in paragraph (a), clause 85.24 (2), need not register as a lobbyist. 85.25 (d) An individual who provides administrative support to a 85.26 lobbyist and whose salary and administrative expenses 85.27 attributable to lobbying activities are reported as lobbying 85.28 expenses by the lobbyist, but who does not communicate or urge 85.29 others to communicate with public or local officials, need not 85.30 register as a lobbyist. 85.31 Sec. 4. Minnesota Statutes 2004, section 10A.01, 85.32 subdivision 23, is amended to read: 85.33 Subd. 23. [MAJOR POLITICAL PARTY.] "Major political party" 85.34 means: 85.35 (1) a major political party as defined in section 200.02, 85.36 subdivision 7.; or 86.1 (2) a political party that maintains a party organization 86.2 in the state, political subdivision, or precinct in question and 86.3 that has presented at least 45 candidates for election to the 86.4 office of state representative, 23 candidates for election to 86.5 the office of state senator, four candidates for the office of 86.6 representative in Congress, and one candidate for each of the 86.7 following offices: governor and lieutenant governor, attorney 86.8 general, secretary of state, and state auditor at the last 86.9 preceding state general election for those offices. A political 86.10 party that presents the required candidates at a state general 86.11 election described in this clause becomes a major political 86.12 party as of January 1 following that election and retains its 86.13 major party status notwithstanding that the party fails to 86.14 present the required candidates at the following state general 86.15 election. A major political party that fails to present the 86.16 required candidates at the following state general election 86.17 loses major party status as of December 31 following the most 86.18 recent state general election. 86.19 Sec. 5. Minnesota Statutes 2004, section 10A.01, 86.20 subdivision 26, is amended to read: 86.21 Subd. 26. [NONCAMPAIGN DISBURSEMENT.] "Noncampaign 86.22 disbursement" means a purchase or payment of money or anything 86.23 of value made, or an advance of credit incurred, or a donation 86.24 in kind received, by a principal campaign committee for any of 86.25 the following purposes: 86.26 (1) payment for accounting and legal services; 86.27 (2) return of a contribution to the source; 86.28 (3) repayment of a loan made to the principal campaign 86.29 committee by that committee; 86.30 (4) return of a public subsidy; 86.31 (5) payment for food, beverages, entertainment, and 86.32 facility rental for a fund-raising event; 86.33 (6) services for a constituent by a member of the 86.34 legislature or a constitutional officer in the executive branch, 86.35 including the costs of preparing and distributing a suggestion 86.36 or idea solicitation to constituents, performed from the 87.1 beginning of the term of office to adjournment sine die of the 87.2 legislature in the election year for the office held, and half 87.3 the cost of services for a constituent by a member of the 87.4 legislature or a constitutional officer in the executive branch 87.5 performed from adjournment sine die to 60 days after adjournment 87.6 sine die; 87.7 (7) payment for food and beverages provided to campaign 87.8 volunteers while they are engaged in campaign activities; 87.9 (8) payment of expenses incurred by elected or appointed 87.10 leaders of a legislative caucus in carrying out their leadership 87.11 responsibilities; 87.12 (9) payment by a principal campaign committee of the 87.13 candidate's expenses for serving in public office, other than 87.14 for personal uses; 87.15 (10) costs of child care for the candidate's children when 87.16 campaigning; 87.17 (11) fees paid to attend a campaign school; 87.18 (12) costs of a postelection party during the election year 87.19 when a candidate's name will no longer appear on a ballot or the 87.20 general election is concluded, whichever occurs first; 87.21 (13) interest on loans paid by a principal campaign 87.22 committee on outstanding loans; 87.23 (14) filing fees; 87.24 (15) post-general election thank-you notes or 87.25 advertisements in the news media; 87.26 (16) the cost of campaign material purchased to replace 87.27 defective campaign material, if the defective material is 87.28 destroyed without being used; 87.29 (17) contributions to a party unit;and87.30 (18) other purchases or payments specified in board rules 87.31 or advisory opinions as being for any purpose other than to 87.32 influence the nomination or election of a candidate or to 87.33 promote or defeat a ballot question; and 87.34 (19) payments for attending a state or national convention 87.35 and payments for funeral gifts or memorials. 87.36 The board must determine whether an activity involves a 88.1 noncampaign disbursement within the meaning of this subdivision. 88.2 A noncampaign disbursement is considered to be made in the 88.3 year in which the candidate made the purchase of goods or 88.4 services or incurred an obligation to pay for goods or services. 88.5 [EFFECTIVE DATE.] This section is effective retroactive to 88.6 February 28, 1978. 88.7 Sec. 6. Minnesota Statutes 2004, section 10A.025, is 88.8 amended by adding a subdivision to read: 88.9 Subd. 1a. [ELECTRONIC FILING.] A report or statement 88.10 required to be filed under this chapter may be filed 88.11 electronically. The board shall adopt rules to regulate 88.12 electronic filing and to ensure that the electronic filing 88.13 process is secure. 88.14 Sec. 7. Minnesota Statutes 2004, section 10A.071, 88.15 subdivision 3, is amended to read: 88.16 Subd. 3. [EXCEPTIONS.] (a) The prohibitions in this 88.17 section do not apply if the gift is: 88.18 (1) a contribution as defined in section 10A.01, 88.19 subdivision 11; 88.20 (2) services to assist an official in the performance of 88.21 official duties, including but not limited to providing advice, 88.22 consultation, information, and communication in connection with 88.23 legislation, and services to constituents; 88.24 (3) services of insignificant monetary value; 88.25 (4) a plaque or similar memento recognizing individual 88.26 services in a field of specialty or to a charitable cause; 88.27 (5) a trinket or memento of insignificant value; 88.28 (6) informational material of unexceptional value;or88.29 (7) food or a beverage given at a reception, meal, or 88.30 meeting away from the recipient's place of work by an 88.31 organization before whom the recipient appears to make a speech 88.32 or answer questions as part of a program; or 88.33 (8) food or a beverage of a nominal value given at a 88.34 reception to which all relevant members of the legislature have 88.35 been invited. 88.36 (b) The prohibitions in this section do not apply if the 89.1 gift is given: 89.2 (1) because of the recipient's membership in a group, a 89.3 majority of whose members are not officials, and an equivalent 89.4 gift is given to the other members of the group; or 89.5 (2) by a lobbyist or principal who is a member of the 89.6 family of the recipient, unless the gift is given on behalf of 89.7 someone who is not a member of that family. 89.8 Sec. 8. Minnesota Statutes 2004, section 10A.08, is 89.9 amended to read: 89.10 10A.08 [REPRESENTATION DISCLOSURE.] 89.11 A public official who represents a client for a fee before 89.12 an individual, board, commission, or agency that has rulemaking 89.13 authority in a hearing conducted under chapter 14, must disclose 89.14 the official's participation in the action to the board within 89.15 14 days after the appearance. The board must send a notice by 89.16 certified mail to any public official who fails to disclose the 89.17 participation within 14 days after the appearance. If the 89.18 public official fails to disclose the participation within ten 89.19 business days after the notice was sent, the board may impose a 89.20 late filing fee of $5 per day, not to exceed $100, starting on 89.21 the 11th day after the notice was sent. The board must send an 89.22 additional notice by certified mail to a public official who 89.23 fails to disclose the participation within 14 days after the 89.24 first notice was sent by the board that the public official may 89.25 be subject to a civil penalty for failure to disclose the 89.26 participation. A public official who fails to disclose the 89.27 participation within seven days after the second notice was sent 89.28 by the board is subject to a civil penalty imposed by the board 89.29 of up to $1,000. 89.30 Sec. 9. Minnesota Statutes 2004, section 10A.20, 89.31 subdivision 2, is amended to read: 89.32 Subd. 2. [TIME FOR FILING.] (a) The reports must be filed 89.33 with the board on or before January 31 of each year and 89.34 additional reports must be filed as required and in accordance 89.35 with paragraphs (b) and (c). 89.36 (b) In each year in which the name of the candidate is on 90.1 the ballot, the report of the principal campaign committee must 90.2 be filed 15 days before a primary and ten days before a general 90.3 election, seven days before a special primary and a special 90.4 election, and ten days after a special election cycle, except as 90.5 otherwise provided by subdivision 3b. 90.6 (c) In each general election year, a political committee, 90.7 political fund, or party unit must file reports 15 days before a 90.8 primary and ten days before a general election. 90.9 Sec. 10. Minnesota Statutes 2004, section 10A.20, is 90.10 amended by adding a subdivision to read: 90.11 Subd. 3b. [REPORT BY CANDIDATE WITHOUT PRIMARY 90.12 OPPOSITION.] Notwithstanding the provisions of subdivision 3, if 90.13 a candidate does not have an opponent at a primary or special 90.14 primary, the candidate's principal campaign committee must file, 90.15 15 days before a primary and seven days before a special 90.16 primary, a report containing only the following: 90.17 (1) the amount of liquid assets on hand at the beginning of 90.18 the reporting period; 90.19 (2) the sum of contributions to the principal campaign 90.20 committee during the reporting period; 90.21 (3) the sum of all expenditures made by or on behalf of the 90.22 principal campaign committee during the reporting period; and 90.23 (4) the information required by subdivision 3, paragraph 90.24 (b). 90.25 Sec. 11. Minnesota Statutes 2004, section 10A.20, 90.26 subdivision 5, is amended to read: 90.27 Subd. 5. [PREELECTION REPORTS.] In a statewide election 90.28 any loan, contribution, or contributions from any one source 90.29 totaling $2,000 or more, or in any judicial district or 90.30 legislative election totaling more than $400, received between 90.31 the last day covered in the last report before an election and 90.32 the election must be reported to the board in one of the 90.33 following ways: 90.34 (1) in person within 48 hours after its receipt; 90.35 (2) by telegram or mailgram within 48 hours after its 90.36 receipt;or91.1 (3) by certified mail sent within 48 hours after its 91.2 receipt; or 91.3 (4) by electronic means sent within 48 hours after its 91.4 receipt. 91.5 These loans and contributions must also be reported in the 91.6 next required report. 91.7 The 48-hour notice requirement does not apply with respect 91.8 to a primary in which the statewide or legislative candidate is 91.9 unopposed. 91.10 Sec. 12. Minnesota Statutes 2004, section 10A.27, 91.11 subdivision 1, is amended to read: 91.12 Subdivision 1. [CONTRIBUTION LIMITS.] (a) Except as 91.13 provided in subdivision 2, a candidate must not permit the 91.14 candidate's principal campaign committee to accept aggregate 91.15 contributions made or delivered by any individual, political 91.16 committee, or political fund in excess of the following: 91.17 (1) to candidates for governor and lieutenant governor 91.18 running together, $2,000 in an election year for the office 91.19 sought and $500 in other years; 91.20 (2) to a candidate for attorney general, $1,000 in an 91.21 election year for the office sought and $200 in other years; 91.22 (3) to a candidate for the office of secretary of state or 91.23 state auditor, $500 in an election year for the office sought 91.24 and $100 in other years; 91.25 (4) to a candidate for state senator, $500 in an election 91.26 year for the office sought and $100 in other years; and 91.27 (5) to a candidate for state representative, $500 in an 91.28 election year for the office sought and $100 in the other year. 91.29 (b) The following deliveries are not subject to the 91.30 bundling limitation in this subdivision: 91.31 (1) delivery of contributions collected by a member of the 91.32 candidate's principal campaign committee, such as a block worker 91.33 or a volunteer who hosts a fund-raising event, to the 91.34 committee's treasurer; and 91.35 (2) a delivery made by an individual on behalf of the 91.36 individual's spouse. 92.1 (c) A lobbyist, political committee, political party unit, 92.2 or political fund must not make a contribution a candidate is 92.3 prohibited from accepting. 92.4 Sec. 13. Minnesota Statutes 2004, section 10A.28, 92.5 subdivision 2, is amended to read: 92.6 Subd. 2. [EXCEEDING CONTRIBUTION LIMITS.]A political92.7committee, political fund, or principal campaign committee that92.8makes a contribution, or a candidate who permits the candidate's92.9principal campaign committee to accept contributions, in excess92.10of the limits imposed by section 10A.27 is subject to a civil92.11penalty of up to four times the amount by which the contribution92.12exceeded the limits.The following are subject to a civil 92.13 penalty of up to four times the amount by which a contribution 92.14 exceeds the applicable limits: 92.15 (1) a lobbyist, political committee, or political fund that 92.16 makes a contribution in excess of the limits imposed by section 92.17 10A.27, subdivisions 1 and 8; 92.18 (2) a principal campaign committee that makes a 92.19 contribution in excess of the limits imposed by section 10A.27, 92.20 subdivision 2; 92.21 (3) a political party unit that makes a contribution in 92.22 excess of the limits imposed by section 10A.27, subdivisions 2 92.23 and 8; or 92.24 (4) a candidate who permits the candidate's principal 92.25 campaign committee to accept contributions in excess of the 92.26 limits imposed by section 10A.27. 92.27 Sec. 14. Minnesota Statutes 2004, section 10A.31, 92.28 subdivision 1, is amended to read: 92.29 Subdivision 1. [DESIGNATION.] An individual resident of 92.30 this state who files an income tax return or a renter and 92.31 homeowner property tax refund return with the commissioner of 92.32 revenue may designate on their original return that$5 be paid92.33from the general fund of the state$1 to $25, or $1 to $50 if 92.34 the return is filed jointly, be added to the tax or deducted 92.35 from the refund that would otherwise be payable by or to the 92.36 individual and paid into the state elections campaign fund.If93.1a husband and wife file a joint return, each spouse may93.2designate that $5 be paid. No individual is allowed to93.3designate $5 more than once in any year.The taxpayer may 93.4 designate that the amount be paid into the account of a 93.5 political party or into the general account. Designations made 93.6 under this section are not eligible for refund under section 93.7 290.06, subdivision 23. 93.8 [EFFECTIVE DATE.] This section is effective beginning with 93.9 designations made on income tax returns filed for tax years 93.10 beginning after December 31, 2004, and property tax refund 93.11 returns based on property taxes payable in 2006 or rent 93.12 constituting property taxes paid in 2005. 93.13 Sec. 15. Minnesota Statutes 2004, section 10A.31, 93.14 subdivision 3, is amended to read: 93.15 Subd. 3. [FORM.] The commissioner of revenue must provide 93.16 onthe first page ofthe income tax form and the renter and 93.17 homeowner property tax refund return a space for the individual 93.18 to indicate a wish to pay$5 ($10$1 to $25, or $1 to $50 if 93.19 filing a joint return) from the general fund of the state, to 93.20 finance election campaigns. The form must also contain language 93.21 prepared by the commissioner that permits the individual to 93.22 direct thestate to pay the $5 (or $10 if filing a joint return)93.23 designation to: (1) one of the major political parties; (2) any 93.24 minor political party that qualifies under subdivision 3a; or 93.25 (3) all qualifying candidates as provided by subdivision 7.The93.26renter and homeowner property tax refund return must include93.27instructions that the individual filing the return may designate93.28$5 on the return only if the individual has not designated $5 on93.29the income tax return.93.30 [EFFECTIVE DATE.] This section is effective beginning with 93.31 designations made on income tax returns filed for tax years 93.32 beginning after December 31, 2004, and property tax refund 93.33 returns based on property taxes payable in 2006 or rent 93.34 constituting property taxes paid in 2005. 93.35 Sec. 16. Minnesota Statutes 2004, section 10A.31, 93.36 subdivision 4, is amended to read: 94.1 Subd. 4. [APPROPRIATION.](a)The amounts designated by 94.2 individuals for the state elections campaign fund, less three 94.3 percent,are appropriated from the general fund,must be 94.4 transferred and credited to the appropriate account in the state 94.5 elections campaign fund, and are annually appropriated for 94.6 distribution as set forth in subdivisions 5, 5a, 6, and 7. The 94.7 remaining three percent must be kept in thegeneralstate 94.8 elections campaign fund for administrative costs. 94.9(b) In addition to the amounts in paragraph (a), $1,500,00094.10for each general election is appropriated from the general fund94.11for transfer to the general account of the state elections94.12campaign fund.94.13 Of this appropriation, $65,000 each fiscal year must be set 94.14 aside to pay assessments made by the Office of Administrative 94.15 Hearings under section 211B.37. Amounts remaining after all 94.16 assessments have been paid must be canceled to the general 94.17 account. 94.18 [EFFECTIVE DATE.] The changes to paragraph (a) are 94.19 effective beginning with designations made on income tax returns 94.20 filed for tax years beginning after December 31, 2004, and 94.21 property tax refund returns based on property taxes payable in 94.22 2006 or rent constituting property taxes paid in 2005. The 94.23 changes to paragraph (b) are effective for appropriations for 94.24 general elections occurring after December 31, 2004. 94.25 Sec. 17. Minnesota Statutes 2004, section 10A.31, 94.26 subdivision 5, is amended to read: 94.27 Subd. 5. [ALLOCATION.] (a) [GENERAL ACCOUNT.] In each 94.28 calendar year the money in the general account must be allocated 94.29 to candidates as follows: 94.30 (1) 21 percent for the offices of governor and lieutenant 94.31 governor together; 94.32 (2) 4.2 percent for the office of attorney general; 94.33 (3) 2.4 percent each for the offices of secretary of state 94.34 and state auditor; 94.35 (4) in each calendar year during the period in which state 94.36 senators serve a four-year term, 23-1/3 percent for the office 95.1 of state senator, and 46-2/3 percent for the office of state 95.2 representative; and 95.3 (5) in each calendar year during the period in which state 95.4 senators serve a two-year term, 35 percent each for the offices 95.5 of state senator and state representative. 95.6 (b) [PARTY ACCOUNT.] In each calendar year the money in 95.7 each party account must be allocated as follows: 95.8 (1) 14 percent for the offices of governor and lieutenant 95.9 governor together; 95.10 (2) 2.8 percent for the office of attorney general; 95.11 (3) 1.6 percent each for the offices of secretary of state 95.12 and state auditor; 95.13 (4) in each calendar year during the period in which state 95.14 senators serve a four-year term,23-1/328-1/3 percent for the 95.15 office of state senator, and46-2/351-2/3 percent for the 95.16 office of state representative; and 95.17 (5) in each calendar year during the period in which state 95.18 senators serve a two-year term,3540 percent each for the 95.19 offices of state senator and state representative; and95.20(6) ten percent for the state committee of a political95.21party. 95.22Money allocated to each state committee under clause (6)95.23must be deposited in a separate account and must be spent for95.24only those items enumerated in section 10A.275. Money allocated95.25to a state committee under clause (6) must be paid to the95.26committee by the board as it is received in the account on a95.27monthly basis, with payment on the 15th day of the calendar95.28month following the month in which the returns were processed by95.29the Department of Revenue, provided that these distributions95.30would be equal to 90 percent of the amount of money indicated in95.31the Department of Revenue's weekly unedited reports of income95.32tax returns and property tax refund returns processed in the95.33month, as notified by the Department of Revenue to the board.95.34The amounts paid to each state committee are subject to biennial95.35adjustment and settlement at the time of each certification95.36required of the commissioner of revenue under subdivisions 7 and96.110. If the total amount of payments received by a state96.2committee for the period reflected on a certification by the96.3Department of Revenue is different from the amount that should96.4have been received during the period according to the96.5certification, each subsequent monthly payment must be increased96.6or decreased to the fullest extent possible until the amount of96.7the overpayment is recovered or the underpayment is distributed.96.8 Sec. 18. Minnesota Statutes 2004, section 10A.31, 96.9 subdivision 6a, is amended to read: 96.10 Subd. 6a. [PARTY ACCOUNT MONEY NOT DISTRIBUTED.] Money 96.11 from a party account not distributed to candidates for state 96.12 senator or representative in any election year must be returned 96.13 to the general fund of the state, except that the subsidy from 96.14 the party account an unopposed candidate would otherwise have 96.15 been eligible to receive must be paid to the state committee of 96.16 the candidate's political party to be deposited in a special 96.17 accountunder subdivision 5, paragraph (b), clause (6),and used 96.18 for only those items permitted under section 10A.275. Money 96.19 from a party account not distributed to candidates for other 96.20 offices in an election year must be returned to the party 96.21 account for reallocation to candidates as provided in 96.22 subdivision 5, paragraph (b), in the following year. 96.23 Sec. 19. Minnesota Statutes 2004, section 200.02, 96.24 subdivision 7, is amended to read: 96.25 Subd. 7. [MAJOR POLITICAL PARTY.] (a) "Major political 96.26 party" means a political party that maintains a party 96.27 organization in the state, political division or precinct in 96.28 question and that has presented at least one candidate for 96.29 election to the office of: 96.30 (1) governor and lieutenant governor, secretary of state, 96.31 state auditor, or attorney general at the last preceding state 96.32 general election for those offices; or 96.33 (2) presidential elector or U.S. senator at the last 96.34 preceding state general election for presidential electors; and 96.35 whose candidate received votes in each county in that 96.36 election and received votes from not less than five percent of 97.1 the total number of individuals who voted in that election. 97.2 (b) "Major political party" also means a political party 97.3 that maintains a party organization in the state, political 97.4 subdivision, or precinct in question and whose members present 97.5 to the secretary of state at any time before the close of filing 97.6 for the state partisan primary ballot a petition for a place on 97.7 the state partisan primary ballot, which petition contains 97.8 signatures of a number of the party members equal to at least 97.9 five percent of the total number of individuals who voted in the 97.10 preceding state general election. 97.11 (c) A political party whose candidate receives a sufficient 97.12 number of votes at a state general election described in 97.13 paragraph (a) becomes a major political party as of January 1 97.14 following that election and retains its major party status 97.15notwithstanding thatfor at least two state general elections 97.16 even if the party fails to present a candidate who receives the 97.17 number and percentage of votes required under paragraph (a) 97.18 atthe followingsubsequent state generalelectionelections. 97.19 (d) A major political party whose candidates fail to 97.20 receive the number and percentage of votes required under 97.21 paragraph (a) ateithereach of two consecutive state general 97.22electionelections described by paragraph (a) loses major party 97.23 status as of December 31 following themost recentlater of the 97.24 two consecutive state generalelectionelections. 97.25 Sec. 20. Minnesota Statutes 2004, section 200.02, 97.26 subdivision 23, is amended to read: 97.27 Subd. 23. [MINOR POLITICAL PARTY.] (a) "Minor political 97.28 party" means a political party that is not a major political 97.29 party as defined by subdivision 7 and that has adopted a state 97.30 constitution, designated a state party chair, held a state 97.31 convention in the last two years, filed with the secretary of 97.32 state no later than December 31 following the most recent state 97.33 general election a certification that the party has met the 97.34 foregoing requirements, and met the requirements of paragraph 97.35 (b) or (e), as applicable. 97.36 (b) To be considered a minor party in all elections 98.1 statewide, the political party must have presented at least one 98.2 candidate for election to the office of: 98.3 (1) governor and lieutenant governor, secretary of state, 98.4 state auditor, or attorney general, at the last preceding state 98.5 general election for those offices; or 98.6 (2) presidential elector or U.S. senator at the preceding 98.7 state general election for presidential electors; and 98.8 who received votes in each county that in the aggregate equal at 98.9 least one percent of the total number of individuals who voted 98.10 in the election, or its members must have presented to the 98.11 secretary of state at any time before the close of filing for 98.12 the state partisan primary ballot a nominating petition in a 98.13 form prescribed by the secretary of state containing the 98.14 signatures of party members in a number equal to at least one 98.15 percent of the total number of individuals who voted in the 98.16 preceding state general election. 98.17 (c) A political party whose candidate receives a sufficient 98.18 number of votes at a state general election described in 98.19 paragraph (b) becomes a minor political party as of January 1 98.20 following that election and retains its minor party status 98.21notwithstanding thatfor at least two state general elections 98.22 even if the party fails to present a candidate who receives the 98.23 number and percentage of votes required under paragraph (b) 98.24 atthe followingsubsequent state generalelectionelections. 98.25 (d) A minor political party whose candidates fail to 98.26 receive the number and percentage of votes required under 98.27 paragraph (b) ateithereach of two consecutive state general 98.28electionelections described by paragraph (b) loses minor party 98.29 status as of December 31 following themost recentlater of the 98.30 two consecutive state generalelectionelections. 98.31 (e) To be considered a minor party in an election in a 98.32 legislative district, the political party must have presented at 98.33 least one candidate for a legislative office in that district 98.34 who received votes from at least ten percent of the total number 98.35 of individuals who voted for that office, or its members must 98.36 have presented to the secretary of state a nominating petition 99.1 in a form prescribed by the secretary of state containing the 99.2 signatures of party members in a number equal to at least ten 99.3 percent of the total number of individuals who voted in the 99.4 preceding state general election for that legislative office. 99.5 Sec. 21. Minnesota Statutes 2004, section 200.02, is 99.6 amended by adding a subdivision to read: 99.7 Subd. 24. [METROPOLITAN AREA.] "Metropolitan area" means 99.8 the counties of Ramsey, Hennepin, Anoka, Washington, Dakota, 99.9 Scott, Carver, Wright, Sherburne, Isanti, and Chisago. 99.10 Sec. 22. Minnesota Statutes 2004, section 201.022, is 99.11 amended by adding a subdivision to read: 99.12 Subd. 3. [CONSULTATION WITH LOCAL 99.13 OFFICIALS.] Representatives of local election officials shall be 99.14 consulted in the development of the statewide voter registration 99.15 system. 99.16 [EFFECTIVE DATE.] This section is effective the day 99.17 following final enactment. 99.18 Sec. 23. Minnesota Statutes 2004, section 201.061, 99.19 subdivision 3, is amended to read: 99.20 Subd. 3. [ELECTION DAY REGISTRATION.] An individual who is 99.21 eligible to vote may register on election day by appearing in 99.22 person at the polling place for the precinct in which the 99.23 individual maintains residence, by completing a registration 99.24 application, making an oath in the form prescribed by the 99.25 secretary of state and providing proof of residence. An 99.26 individual may prove residence for purposes of registering by: 99.27 (1) presenting a driver's license or Minnesota 99.28 identification card issued pursuant to section 171.07; 99.29 (2) presenting any document approved by the secretary of 99.30 state as proper identification; 99.31 (3) presenting one of the following: 99.32 (i) a current valid student identification card from a 99.33 postsecondary educational institution in Minnesota, if a list of 99.34 students from that institution has been prepared under section 99.35 135A.17 and certified to the county auditor in the manner 99.36 provided in rules of the secretary of state; or 100.1 (ii) a current student fee statement that contains the 100.2 student's valid address in the precinct together with a picture 100.3 identification card; or 100.4 (4) having a voter who is registered to vote in the 100.5 precinct sign an oath in the presence of the election judge 100.6 vouching that the voter personally knows that the individual is 100.7 a resident of the precinct. A voter who has been vouched for on 100.8 election day may not sign a proof of residence oath vouching for 100.9 any other individual on that election day. A voter who is 100.10 registered to vote in the precinct may sign up to 15 100.11 proof-of-residence oaths on any election day. The oath required 100.12 by this subdivision and Minnesota Rules, part 8200.9939, must be 100.13 attached to the voter registration application and the 100.14 information on the oath must be recorded on the records of both 100.15 the voter registering on election day and the voter who is 100.16 vouching for the person's residence, and entered into the 100.17 statewide voter registration system by the county auditor when 100.18 the voter registration application is entered into that system. 100.19 For tribal band membersliving on an Indian reservation, an 100.20 individual may prove residence for purposes of registering by 100.21 presenting an identification card issued by the tribal 100.22 government of a tribe recognized by the Bureau of Indian 100.23 Affairs, United States Department of the Interior, that contains 100.24 the name,streetaddress, signature, and picture of the 100.25 individual.The county auditor of each county having territory100.26within the reservation shall maintain a record of the number of100.27election day registrations accepted under this section.100.28 A county, school district, or municipality may require that 100.29 an election judge responsible for election day registration 100.30 initial each completed registration application. 100.31 Sec. 24. Minnesota Statutes 2004, section 201.071, 100.32 subdivision 1, is amended to read: 100.33 Subdivision 1. [FORM.] A voter registration application 100.34 must be of suitable size and weight for mailing and contain 100.35 spaces for the following required information: voter's first 100.36 name, middle name, and last name; voter's previous name, if any; 101.1 voter's current address; voter's previous address, if any; 101.2 voter's date of birth; voter's municipality and county of 101.3 residence; voter's telephone number, if provided by the voter; 101.4 date of registration; current and valid Minnesota driver's 101.5 license number or Minnesota state identification number, or if 101.6 the voter has no current and valid Minnesota driver's license or 101.7 Minnesota state identification, the last four digits of the 101.8 voter's Social Security number; and voter's signature. The 101.9 registration application may include the voter's e-mail address, 101.10 if provided by the voter, and the voter's interest in serving as 101.11 an election judge, if indicated by the voter. The application 101.12 must also contain the following certification of voter 101.13 eligibility: 101.14 "I certify that I: 101.15 (1) will be at least 18 years old on election day; 101.16 (2) am a citizen of the United States; 101.17 (3) will have resided in Minnesota for 20 days immediately 101.18 preceding election day; 101.19 (4) maintain residence at the address given on the 101.20 registration form; 101.21 (5) am not under court-ordered guardianship of the person 101.22 where I have not retained the right to vote; 101.23 (6) have not been found by a court to be legally 101.24 incompetent to vote; 101.25 (7) have not been convicted of a felony without having my 101.26 civil rights restored; and 101.27 (8) have read and understand the following statement: that 101.28 giving false information is a felony punishable by not more than 101.29 five years imprisonment or a fine of not more than $10,000, or 101.30 both." 101.31 The certification must include boxes for the voter to 101.32 respond to the following questions: 101.33 "(1) Are you a citizen of the United States?" and 101.34 "(2) Will you be 18 years old on or before election day?" 101.35 And the instruction: 101.36 "If you checked 'no' to either of these questions, do not 102.1 complete this form." 102.2 The form of the voter registration application and the 102.3 certification of voter eligibility must be as provided in this 102.4 subdivision and approved by the secretary of state. Voter 102.5 registration forms authorized by the National Voter Registration 102.6 Actmaymust also be accepted as valid. The federal postcard 102.7 application form must also be accepted as valid if it is not 102.8 deficient and the voter is eligible to register in Minnesota. 102.9 An individual may use a voter registration application to 102.10 apply to register to vote in Minnesota or to change information 102.11 on an existing registration. 102.12 Sec. 25. Minnesota Statutes 2004, section 201.091, 102.13 subdivision 5, is amended to read: 102.14 Subd. 5. [COPY OF LIST TO REGISTERED VOTER.] The county 102.15 auditors and the secretary of state shall provide copies of the 102.16 public information lists in electronic or other media to any 102.17 voter registered in Minnesota within ten days of receiving a 102.18 written or electronic request accompanied by payment of the cost 102.19 of reproduction. The county auditors and the secretary of state 102.20 shall make a copy of the list available for public inspection 102.21 without cost. An individual who inspects or acquires a copy of 102.22 a public information list may not use any information contained 102.23 in it for purposes unrelated to elections, political activities, 102.24 or law enforcement. 102.25 Sec. 26. Minnesota Statutes 2004, section 203B.01, 102.26 subdivision 3, is amended to read: 102.27 Subd. 3. [MILITARY.] "Military" means the Army, Navy, Air 102.28 Force, Marine Corps, Coast Guard or Merchant Marine of the 102.29 United States, and all other uniformed services as defined in 102.30 United States Code, title 42, section 1973ff-6. 102.31 Sec. 27. Minnesota Statutes 2004, section 203B.02, 102.32 subdivision 1, is amended to read: 102.33 Subdivision 1. [UNABLE TO GO TOABSENCE FROM POLLING 102.34 PLACE.] (a) Any eligible voter whoreasonablyexpects to be 102.35unable to go toabsent from the polling place on election day in 102.36 the precinct where the individual maintains residencebecause of103.1absence from the precinct, illness, disability, religious103.2discipline, observance of a religious holiday, or service as an103.3election judge in another precinctmay voteby absentee ballot103.4 in person at any location where absentee ballots may be cast 103.5 pursuant to sections 203B.081 and 203B.085, during the 18 days 103.6 preceding any election. This subdivision does not apply to a 103.7 special election to fill a vacancy in office pursuant to 103.8 sections 204D.17 to 204D.27 not held concurrently with a state 103.9 primary or general election as provided in sections 203B.04 to 103.10 203B.15. 103.11 (b) Any eligible voter who reasonably expects to be unable 103.12 to go to the polling place on election day in the precinct where 103.13 the individual maintains residence because of absence from the 103.14 precinct, illness, disability, religious discipline, observance 103.15 of a religious holiday, or service as an election judge in 103.16 another precinct may vote by absentee ballot as provided in 103.17 sections 203B.04 to 203B.15. 103.18 Sec. 28. Minnesota Statutes 2004, section 203B.04, 103.19 subdivision 1, is amended to read: 103.20 Subdivision 1. [APPLICATION PROCEDURES.] Except as 103.21 otherwise allowed by subdivision 2, an application for absentee 103.22 ballots for any election may be submitted at any time not less 103.23 than one day before the day of that election. The county 103.24 auditor shall prepare absentee ballot application forms in the 103.25 format providedin the rules ofby the secretary of state, 103.26 notwithstanding rules on absentee ballot forms, and shall 103.27 furnish them to any person on request. By January 1 of each 103.28 even-numbered year, the secretary of state shall make the forms 103.29 to be used available to auditors through electronic means. An 103.30 application submitted pursuant to this subdivision shall be in 103.31 writing and shall be submitted to: 103.32 (a) the county auditor of the county where the applicant 103.33 maintains residence; or 103.34 (b) the municipal clerk of the municipality, or school 103.35 district if applicable, where the applicant maintains residence. 103.36 An application shall be approved if it is timely received, 104.1 signed and dated by the applicant, contains the applicant's name 104.2 and residence and mailing addresses, and states that the 104.3 applicant is eligible to vote by absentee ballot for one of the 104.4 reasons specified in section 203B.02. The application may 104.5 contain a request for the voter's date of birth, which must not 104.6 be made available for public inspection. An application may be 104.7 submitted to the county auditor or municipal clerk by an 104.8 electronic facsimile device. An application mailed or returned 104.9 in person to the county auditor or municipal clerk on behalf of 104.10 a voter by a person other than the voter must be deposited in 104.11 the mail or returned in person to the county auditor or 104.12 municipal clerk within ten days after it has been dated by the 104.13 voter and no later than six days before the election. The 104.14 absentee ballot applications or a list of persons applying for 104.15 an absentee ballot may not be made available for public 104.16 inspection until the close of voting on election day. 104.17 An application under this subdivision may contain an 104.18 application under subdivision 5 to automatically receive an 104.19 absentee ballot application. 104.20 Sec. 29. Minnesota Statutes 2004, section 203B.04, 104.21 subdivision 4, is amended to read: 104.22 Subd. 4. [REGISTRATION AT TIME OF APPLICATION.] An 104.23 eligible voter who is not registered to vote but who is 104.24 otherwise eligible to vote by absentee ballot may register by 104.25 including a completed voter registration card with the absentee 104.26 ballot. The individual shall present proof of residence as 104.27 required by section 201.061, subdivision 3, to the individual 104.28 who witnesses the marking of the absentee ballots. A military 104.29 voter, as defined in section 203B.01, may register in this 104.30 manner if voting pursuant to sections 203B.04 to 203B.15, or may 104.31 register pursuant to sections 203B.16 to 203B.27. 104.32 Sec. 30. Minnesota Statutes 2004, section 203B.04, is 104.33 amended by adding a subdivision to read: 104.34 Subd. 6. [ONGOING ABSENTEE STATUS; TERMINATION.] (a) An 104.35 eligible voter may apply to a county auditor or municipal clerk 104.36 for status as an ongoing absentee voter who reasonably expects 105.1 to meet the requirements of section 203B.02, subdivision 1. 105.2 Each applicant must automatically be provided with an absentee 105.3 ballot application for each ensuing election other than an 105.4 election by mail conducted under section 204B.45, and must have 105.5 the status of ongoing absentee voter indicated on the voter's 105.6 registration record. 105.7 (b) Ongoing absentee voter status ends on: 105.8 (1) the voter's written request; 105.9 (2) the voter's death; 105.10 (3) return of an ongoing absentee ballot as undeliverable; 105.11 (4) a change in the voter's status so that the voter is not 105.12 eligible to vote under section 201.15 or 201.155; or 105.13 (5) placement of the voter's registration on inactive 105.14 status under section 201.171. 105.15 Sec. 31. Minnesota Statutes 2004, section 203B.07, 105.16 subdivision 2, is amended to read: 105.17 Subd. 2. [DESIGN OF ENVELOPES.] The return envelope shall 105.18 be of sufficient size to conveniently enclose and contain the 105.19 ballot envelope and a voter registration card folded along its 105.20 perforations. The return envelope shall be designed to open on 105.21 the left-hand end and, notwithstanding any rule to the contrary, 105.22 the design must provide an additional flap that when sealed, 105.23 conceals the signature, identification, and other information. 105.24 Election officials may open the flap at any time after receiving 105.25 the returned ballot to inspect the returned certificate for 105.26 completeness or to ascertain other information. A certificate 105.27 of eligibility to vote by absentee ballot shall be printed on 105.28 theright hand three-fourths of theback of the envelope. The 105.29 certificate shall contain a statement to be signed and sworn by 105.30 the voter indicating that the voter meets all of the 105.31 requirements established by law for voting by absentee ballot. 105.32 The certificate shall also contain a statement signed by a 105.33 person who is registered to vote in Minnesota or by a notary 105.34 public or other individual authorized to administer oaths 105.35 stating that: 105.36 (a) the ballots were displayed to that individual unmarked; 106.1 (b) the voter marked the ballots in that individual's 106.2 presence without showing how they were marked, or, if the voter 106.3 was physically unable to mark them, that the voter directed 106.4 another individual to mark them; and 106.5 (c) if the voter was not previously registered, the voter 106.6 has provided proof of residence as required by section 201.061, 106.7 subdivision 3. 106.8 The county auditor or municipal clerk shall affix first 106.9 class postage to the return envelopes. 106.10 Sec. 32. Minnesota Statutes 2004, section 203B.11, 106.11 subdivision 1, is amended to read: 106.12 Subdivision 1. [GENERALLY.] Each full-time municipal clerk 106.13 or school district clerk who has authority under section 203B.05 106.14 to administer absentee voting laws shall designate election 106.15 judges to deliver absentee ballots in accordance with this 106.16 section. The county auditormaymust also designate election 106.17 judges to perform the duties in this section. A ballot may be 106.18 delivered only to an eligible voter who is a temporary or 106.19 permanent resident or patient in a health care facility or 106.20 hospital located in the municipality in which the voter 106.21 maintains residence. The ballots shall be delivered by two 106.22 election judges, each of whom is affiliated with a different 106.23 major political party. When the election judges deliver or 106.24 return ballots as provided in this section, they shall travel 106.25 together in the same vehicle. Both election judges shall be 106.26 present when an applicant completes the certificate of 106.27 eligibility and marks the absentee ballots, and may assist an 106.28 applicant as provided in section 204C.15. The election judges 106.29 shall deposit the return envelopes containing the marked 106.30 absentee ballots in a sealed container and return them to the 106.31 clerk on the same day that they are delivered and marked. 106.32 Sec. 33. Minnesota Statutes 2004, section 203B.12, 106.33 subdivision 2, is amended to read: 106.34 Subd. 2. [EXAMINATION OF RETURN ENVELOPES.] Two or more 106.35 election judges shall examine each return envelope and shall 106.36 mark it accepted or rejected in the manner provided in this 107.1 subdivision. If a ballot has been prepared under section 107.2 204B.12, subdivision 2a, or 204B.41, the election judges shall 107.3 not begin removing ballot envelopes from the return envelopes 107.4 until 8:00 p.m. on election day, either in the polling place or 107.5 at an absentee ballot board established under section 203B.13. 107.6 The election judges shall mark the return envelope 107.7 "Accepted" and initial or sign the return envelope below the 107.8 word "Accepted" if the election judges or a majority of them are 107.9 satisfied that: 107.10 (1) the voter's name and address on the return envelope are 107.11 the same as the information provided on the absentee ballot 107.12 application; 107.13 (2) the voter's signature on the return envelope is the 107.14 genuine signature of the individual who made the application for 107.15 ballots and the certificate has been completed as prescribed in 107.16 the directions for casting an absentee ballot, except that if a 107.17 person other than the voter applied for the absentee ballot 107.18 under applicable Minnesota Rules, the signature is not required 107.19 to match; 107.20 (3) the voter is registered and eligible to vote in the 107.21 precinct or has included a properly completed voter registration 107.22 application in the return envelope; and 107.23 (4) the voter has not already voted at that election, 107.24 either in person or by absentee ballot. 107.25 There is no other reason for rejecting an absentee ballot. 107.26 In particular, failure to place the envelope within the security 107.27 envelope before placing it in the outer white envelope is not a 107.28 reason to reject an absentee ballot. 107.29 The return envelope from accepted ballots must be preserved 107.30 and returned to the county auditor. 107.31 If all or a majority of the election judges examining 107.32 return envelopes find that an absent voter has failed to meet 107.33 one of the requirements prescribed in clauses (1) to (4), they 107.34 shall mark the return envelope "Rejected," initial or sign it 107.35 below the word "Rejected," and return it to the county auditor. 107.36 Sec. 34. Minnesota Statutes 2004, section 203B.20, is 108.1 amended to read: 108.2 203B.20 [CHALLENGES.] 108.3 Except as provided in this section, the eligibility or 108.4 residence of a voter whose application for absentee ballots is 108.5 recorded under section 203B.19 may be challenged in the manner 108.6 set forth by section 201.195. The county auditor or municipal 108.7 clerk shall not be required to serve a copy of the petition and 108.8 notice of hearing on the challenged voter, unless the absentee 108.9 ballot application was submitted on behalf of a voter by an 108.10 individual authorized under section 203B.17, subdivision 1, 108.11 paragraph (a), in which case the county auditor must attempt to 108.12 notify the individual who submitted the application of the 108.13 challenge. The county auditor may contact other registered 108.14 voters to request information that may resolve any discrepancies 108.15 appearing in the application. All reasonable doubt shall be 108.16 resolved in favor of the validity of the application. If the 108.17 voter's challenge is affirmed, the county auditor shall provide 108.18 the challenged voter with a copy of the petition and the 108.19 decision and shall inform the voter of the right to appeal as 108.20 provided in section 201.195. 108.21 Sec. 35. Minnesota Statutes 2004, section 203B.21, 108.22 subdivision 1, is amended to read: 108.23 Subdivision 1. [FORM.] Absentee ballots under sections 108.24 203B.16 to 203B.27 shall conform to the requirements of the 108.25 Minnesota Election Law, except that modifications in the size or 108.26 form of ballots or envelopes may be made if necessary to satisfy 108.27 the requirements of the United States postal service, and the 108.28 design must provide an additional flap that when sealed, 108.29 conceals the signature, identification, and other information. 108.30 The flap must be perforated to permit election officials to 108.31 inspect the returned certificate for completeness or to 108.32 ascertain other information at any time after receiving the 108.33 returned ballot without opening the return envelope. 108.34 Sec. 36. Minnesota Statutes 2004, section 203B.21, 108.35 subdivision 3, is amended to read: 108.36 Subd. 3. [BACK OF RETURN ENVELOPE.] On the back of the 109.1 return envelope an affidavit form shall appear with space for: 109.2 (a) The voter's address of present or former residence in 109.3 Minnesota; 109.4 (b) A statement indicating the category described in 109.5 section 203B.16 to which the voter belongs; 109.6 (c) A statement that the voter has not cast and will not 109.7 cast another absentee ballot in the same election or elections; 109.8 (d) A statement that the voter personally marked the 109.9 ballots without showing them to anyone, or if physically unable 109.10 to mark them, that the voter directed another individual to mark 109.11 them; and 109.12 (e) The voter's military identification card number, 109.13 passport number, or, if the voter does not have a valid passport 109.14 or identification card, the signature and certification of an 109.15 individual authorized to administer oaths under federal law or 109.16 the law of the place where the oath was administered ora109.17 commissioned or noncommissionedofficerpersonnel of the 109.18 military not below the rank of sergeant or its equivalent. 109.19 The affidavit shall also contain a signed and dated oath in 109.20 the form required by section 705 of the Help America Vote Act, 109.21 Public Law 107-252, which must read: 109.22 "I swear or affirm, under penalty of perjury, that: 109.23 I am a member of the uniformed services or merchant marine 109.24 on active duty or an eligible spouse or dependent of such a 109.25 member; a United States citizen temporarily residing outside the 109.26 United States; or other United States citizen residing outside 109.27 the United States; and I am a United States citizen, at least 18 109.28 years of age (or will be by the date of the election), and I am 109.29 eligible to vote in the requested jurisdiction; I have not been 109.30 convicted of a felony, or other disqualifying offense, or been 109.31 adjudicated mentally incompetent, or, if so, my voting rights 109.32 have been reinstated; and I am not registering, requesting a 109.33 ballot, or voting in any other jurisdiction in the United States 109.34 except the jurisdiction cited in this voting form. In voting, I 109.35 have marked and sealed my ballot in private and have not allowed 109.36 any person to observe the marking of the ballot, except for 110.1 those authorized to assist voters under state or federal law. I 110.2 have not been influenced. 110.3 My signature and date below indicate when I completed this 110.4 document. 110.5 The information on this form is true, accurate, and 110.6 complete to the best of my knowledge. I understand that a 110.7 material misstatement of fact in completion of this document may 110.8 constitute grounds for a conviction for perjury." 110.9 Sec. 37. Minnesota Statutes 2004, section 203B.24, 110.10 subdivision 1, is amended to read: 110.11 Subdivision 1. [CHECK OF VOTER ELIGIBILITY; PROPER 110.12 EXECUTION OF AFFIDAVIT.] Upon receipt of an absentee ballot 110.13 returned as provided in sections 203B.16 to 203B.27, the 110.14 election judges shall compare the voter's name with the names 110.15 appearing on their copy of the application records to insure 110.16 that the ballot is from a voter eligible to cast an absentee 110.17 ballot under sections 203B.16 to 203B.27.Any discrepancy or110.18disqualifying fact shall be noted on the envelope by the110.19election judges.The election judges shall mark the return 110.20 envelope "Accepted" and initial or sign the return envelope 110.21 below the word "Accepted" if the election judges are satisfied 110.22 that: 110.23 (1) the voter's name on the return envelope appears in 110.24 substantially the same form as on the application records 110.25 provided to the election judges by the county auditor; 110.26 (2) the voter has signed the federal oath prescribed 110.27 pursuant to section 705(b)(2) of the Help America Vote Act, 110.28 Public Law 107-252; 110.29 (3) the voter has set forth the voter's military 110.30 identification number or passport number or, if those numbers do 110.31 not appear, a person authorized to administer oaths under 110.32 federal law or the law of the place where the oath was 110.33 administered or a witness who is military personnel with a rank 110.34 at or above the rank of sergeant or its equivalent has signed 110.35 the ballot; and 110.36 (4) the voter has not already voted at that election, 111.1 either in person or by absentee ballot. 111.2 An absentee ballot case pursuant to sections 203B.16 to 111.3 203B.27 may only be rejected for the lack of one of clauses (1) 111.4 to (4). In particular, failure to place the envelope within the 111.5 security envelope before placing it in the outer white envelope 111.6 is not a reason to reject an absentee ballot. 111.7 Election judges must note the reason for rejection on the 111.8 back of the envelope in the space provided for that purpose. 111.9 Failure to return unused ballots shall not invalidate a 111.10 marked ballot, but a ballot shall not be counted if the 111.11 affidavit on the return envelope is not properly executed. In 111.12 all other respects the provisions of the Minnesota Election Law 111.13 governing deposit and counting of ballots shall apply. 111.14 Sec. 38. Minnesota Statutes 2004, section 204B.10, 111.15 subdivision 6, is amended to read: 111.16 Subd. 6. [INELIGIBLE VOTER.] Upon receipt of a certified 111.17 copy of a final judgment or order of a court of competent 111.18 jurisdiction that a person who has filed an affidavit of 111.19 candidacy or who has been nominated by petition: 111.20 (1) has been convicted of treason or a felony and the 111.21 person's civil rights have not been restored; 111.22 (2) is under guardianship of the person; or 111.23 (3) has been found by a court of law to be legally 111.24 incompetent; 111.25 the filing officer shall notify the person by certified mail at 111.26 the address shown on the affidavit or petition, and, for offices 111.27 other than president of the United States, vice-president of the 111.28 United States, United States senator, and United States 111.29 representative in Congress, shall not certify the person's name 111.30 to be placed on the ballot. The actions of a filing officer 111.31 under this subdivision are subject to judicial review under 111.32 section 204B.44. 111.33 Sec. 39. Minnesota Statutes 2004, section 204B.14, 111.34 subdivision 2, is amended to read: 111.35 Subd. 2. [SEPARATE PRECINCTS; COMBINED POLLING PLACE.] (a) 111.36 The following shall constitute at least one election precinct: 112.1 (1) each city ward; and 112.2 (2) each town and each statutory city. 112.3 (b) A single, accessible, combined polling place may be 112.4 established no later than June 1 of any year: 112.5 (1) for any city of the third or fourth class, any town, or 112.6 any city having territory in more than one county, in which all 112.7 the voters of the city or town shall cast their ballots; 112.8 (2) for two contiguous precincts in the same municipality 112.9 that have a combined total of fewer than 500 registered voters; 112.10 or 112.11 (3) for up to four contiguous municipalities located 112.12 entirely outside the metropolitan area, as defined by section 112.13473.121, subdivision 2200.02, subdivision 24, that are 112.14 contained in the same county. 112.15 A copy of the ordinance or resolution establishing a 112.16 combined polling place must be filed with the county auditor 112.17 within 30 days after approval by the governing body. A polling 112.18 place combined under clause (3) must be approved by the 112.19 governing body of each participating municipality. A 112.20 municipality withdrawing from participation in a combined 112.21 polling place must do so by filing a resolution of withdrawal 112.22 with the county auditor no later than May 1 of any year. 112.23 The secretary of state shall provide a separate polling 112.24 place roster for each precinct served by the combined polling 112.25 place. A single set of election judges may be appointed to 112.26 serve at a combined polling place. The number of election 112.27 judges required must be based on the total number of persons 112.28 voting at the last similar election in all precincts to be 112.29 voting at the combined polling place. Separate ballot boxes 112.30 must be provided for the ballots from each precinct. The 112.31 results of the election must be reported separately for each 112.32 precinct served by the combined polling place, except in a 112.33 polling place established under clause (2) where one of the 112.34 precincts has fewer than ten registered voters, in which case 112.35 the results of that precinct must be reported in the manner 112.36 specified by the secretary of state. 113.1 Sec. 40. Minnesota Statutes 2004, section 204B.16, 113.2 subdivision 1, is amended to read: 113.3 Subdivision 1. [AUTHORITY; LOCATION.] (a) The governing 113.4 body of each municipality and of each county with precincts in 113.5 unorganized territory shall designate by ordinance or resolution 113.6 a polling place for each election precinct. Polling places must 113.7 be designated and ballots must be distributed so that no one is 113.8 required to go to more than one polling place to vote in a 113.9 school district and municipal election held on the same day. 113.10 The polling place for a precinct in a city or in a school 113.11 district located in whole or in part in the metropolitan area 113.12 defined by section473.121200.02, subdivision 24, shall be 113.13 located within the boundaries of the precinct or within 3,000 113.14 feet of one of those boundaries unless a single polling place is 113.15 designated for a city pursuant to section 204B.14, subdivision 113.16 2, or a school district pursuant to section 205A.11. The 113.17 polling place for a precinct in unorganized territory may be 113.18 located outside the precinct at a place which is convenient to 113.19 the voters of the precinct. If no suitable place is available 113.20 within a town or within a school district located outside the 113.21 metropolitan area defined by section473.121200.02, subdivision 113.22 24, then the polling place for a town or school district may be 113.23 located outside the town or school district within five miles of 113.24 one of the boundaries of the town or school district. 113.25 (b) Each polling place serving precincts in which, in 113.26 aggregate, there were more than 100 voters in the most recent 113.27 similar election, must be to the extent the governing body 113.28 determines it is practicable, at least 750 square feet, with an 113.29 additional 60 square feet for each 150 voters in excess of 400 113.30 that voted in the most recent similar election. 113.31 Sec. 41. Minnesota Statutes 2004, section 204B.16, 113.32 subdivision 5, is amended to read: 113.33 Subd. 5. [ACCESS BY ELDERLY ANDHANDICAPPEDPERSONS WITH 113.34 DISABILITIES.] Each polling place shall be accessible to and 113.35 usable by elderly individuals andphysically handicapped113.36 individuals with disabilities. A polling place is deemed to be 114.1 accessible and usable if it complies with the standards in 114.2 paragraphs (a) to (f). 114.3 (a) At least one set of doors must have a minimum width of 114.43132 inches if the doors must be used to enter or leave the 114.5 polling place. 114.6 (b) Any curb adjacent to the main entrance to a polling 114.7 place must have curb cuts or temporary ramps. Where the main 114.8 entrance is not the accessible entrance, any curb adjacent to 114.9 the accessible entrance must also have curb cuts or temporary 114.10 ramps. 114.11 (c) Where the main entrance is not the accessible entrance, 114.12 a sign shall be posted at the main entrance giving directions to 114.13 the accessible entrance. 114.14 (d) At least one set of stairs must have a temporary 114.15 handrail and ramp if stairs must be used to enter or leave the 114.16 polling place. 114.17 (e) No barrier in the polling place may impede the path of 114.18the physically handicappedpersons with disabilities to the 114.19 voting booth. 114.20 (f) At least onehandicappedparking space for persons with 114.21 disabilities, which may be temporarily so designated by the 114.22 municipality for the day of the election, must be available near 114.23 the accessible entrance. 114.24 The doorway, handrails, ramps, and handicapped parking 114.25 provided pursuant to this subdivision must conform to the 114.26 standards specified in the State Building Code for accessibility 114.27 byhandicappedpersons with disabilities. 114.28 A governing body shall designate as polling places only 114.29 those places which meet the standards prescribed in this 114.30 subdivision unless no available place within a precinct is 114.31 accessible or can be made accessible. 114.32 Sec. 42. Minnesota Statutes 2004, section 204B.18, 114.33 subdivision 1, is amended to read: 114.34 Subdivision 1. [BOOTHS; VOTING STATIONS.] Each polling 114.35 place must containa number ofat least two voting boothsin114.36proportion to the number of individuals eligible to vote in the115.1precinctor self-contained voting stations plus one additional 115.2 voting booth or self-contained voting station for each 150 115.3 voters in excess of 200 registered in the precinct. Each 115.4 booth or station must be at least six feet high, three feet deep 115.5 and two feet wide with a shelf at least two feet long and one 115.6 foot wide placed at a convenient height for writing. The 115.7 booth or station shallbe provided with a door or115.8curtainspermit the voter to vote privately and independently. 115.9 Eachaccessiblepolling place must have at least one accessible 115.10 voting booth or other accessible voting station and beginning 115.11 with federal and state elections held after December 31, 2005, 115.12 and county, municipal, and school district elections held after 115.13 December 31, 2007, one voting system that conforms to section 115.14 301(a)(3)(B) of the Help America Vote Act, Public Law 107-252. 115.15 All booths or stations must be constructed so that a voter is 115.16 free from observation while marking ballots.In all other115.17polling places every effort must be made to provide at least one115.18accessible voting booth or other accessible voting station.115.19 During the hours of voting, the booths or stations must have 115.20 instructions, a pencil, and other supplies needed to mark the 115.21 ballots.If needed,A chair must be provided for elderlyand115.22handicappedvoters and voters with disabilities to use while 115.23 voting or waiting to vote. Stable flat writing surfaces must 115.24 also be made available to voters who are completing 115.25 election-related forms. All ballot boxes, voting booths, voting 115.26 stations, and election judges must be in open public view in the 115.27 polling place. 115.28 Sec. 43. Minnesota Statutes 2004, section 204B.22, 115.29 subdivision 3, is amended to read: 115.30 Subd. 3. [MINIMUM NUMBERREQUIRED IN CERTAIN PRECINCTSOF 115.31 ELECTION JUDGES.] At eachstate primary or state general115.32 election in precinctsusing an electronic voting system with115.33marking devices andin which more than 400 votes were cast at 115.34 the last similar election, the minimum number of election judges 115.35 is three plus one judge to demonstrate the use of the voting 115.36 machine or device, and the number of additional election judges 116.1 to be appointed is one for every 200 votes cast in that precinct 116.2 in the most recent similar general election. 116.3 Sec. 44. Minnesota Statutes 2004, section 204B.27, 116.4 subdivision 1, is amended to read: 116.5 Subdivision 1. [BLANK FORMS.] At least2514 days before 116.6 every state election the secretary of state shall transmit to 116.7 each county auditora sufficient number of blank county abstract116.8forms and otherexamples of any blank forms to be used as the 116.9 secretary of state deems necessary for the conduct of the 116.10 election. County abstract forms may be provided to auditors 116.11 electronically via the Minnesota State Election Reporting System 116.12 maintained by the secretary of state, and must be available at 116.13 least one week prior to the election. 116.14 Sec. 45. Minnesota Statutes 2004, section 204B.27, 116.15 subdivision 3, is amended to read: 116.16 Subd. 3. [INSTRUCTION POSTERS.] At least 25 days before 116.17 every state election, the secretary of state shall prepare and 116.18 furnish to the county auditor of each countyin which paper116.19ballots are used,voter instruction posters printed in large 116.20 type upon cards or heavy paper. The instruction posters must 116.21 contain the information needed to enable the voters to cast 116.22 theirpaperballots quickly and correctly and indicate the types 116.23 of assistance available for elderly and handicapped voters. Two 116.24 instruction posters shall be furnished for each precinctin116.25which paper ballots are used. The secretary of state shall also 116.26 provide posters informing voters of eligibility requirements to 116.27 vote and of identification and proofs accepted for election day 116.28 registration. Posters furnished by the secretary of state must 116.29 also include all information required to be posted by the Help 116.30 America Vote Act, including: instructions on how to vote, 116.31 including how to cast a vote; instructions for mail-in 116.32 registrants and first-time voters; general information on voting 116.33 rights under applicable federal and state laws, and instructions 116.34 on how to contact the appropriate officials if these rights are 116.35 alleged to have been violated; and general information on 116.36 federal and state laws regarding prohibitions on acts of fraud 117.1 and misrepresentation. 117.2 Sec. 46. Minnesota Statutes 2004, section 204B.33, is 117.3 amended to read: 117.4 204B.33 [NOTICE OF FILING.] 117.5 (a) Between June 1 and July 1 in each even numbered year, 117.6 the secretary of state shall notify each county auditor of the 117.7 offices to be voted for in that county at the next state general 117.8 election for which candidates file with the secretary of state. 117.9 The notice shall include the time and place of filing for those 117.10 offices and for judicial offices shall list the name of the 117.11 incumbent, if any, currently holding the seat to be voted for. 117.12 Within ten days after notification by the secretary of state, 117.13 each county auditor shall notify each municipal clerk in the 117.14 county of all the offices to be voted for in the county at that 117.15 election and the time and place for filing for those offices. 117.16 The county auditors and municipal clerks shall promptly post a 117.17 copy of that notice in their offices. 117.18 (b) At least two weeks before the first day to file an 117.19 affidavit of candidacy, the county auditor shall publish a 117.20 notice stating the first and last dates on which affidavits of 117.21 candidacy may be filed in the county auditor's office and the 117.22 closing time for filing on the last day for filing. The county 117.23 auditor shall post a similar notice at least ten days before the 117.24 first day to file affidavits of candidacy. 117.25 Sec. 47. Minnesota Statutes 2004, section 204C.05, 117.26 subdivision 1a, is amended to read: 117.27 Subd. 1a. [ELECTIONS; ORGANIZED TOWN.] The governing body 117.28 of a town with less than 500 inhabitants according to the most 117.29 recent federal decennial census, which is located outside the 117.30 metropolitan area as defined in section473.121200.02, 117.31 subdivision224, may fix a later time for voting to begin at 117.32 state primary, special, or general elections, if approved by a 117.33 vote of the town electors at the annual town meeting. The 117.34 question of shorter voting hours must be included in the notice 117.35 of the annual town meeting before the question may be submitted 117.36 to the electors at the meeting. The later time may not be later 118.1 than 10:00 a.m. for special, primary, or general elections. The 118.2 town clerk shall either post or publish notice of the changed 118.3 hours and notify the county auditor of the change 30 days before 118.4 the election. 118.5 Sec. 48. Minnesota Statutes 2004, section 204C.08, 118.6 subdivision 1, is amended to read: 118.7 Subdivision 1. [DISPLAY OF FLAG; "VOTE HERE" SIGN.] (a) 118.8 Upon their arrival at the polling place on the day of election, 118.9 the election judges shall cause the national flag to be 118.10 displayed on a suitable staff at the entrance to the polling 118.11 place. The flag shall be displayed continuously during the 118.12 hours of voting and the election judges shall attest to that 118.13 fact by signing the flag certification statement on the precinct 118.14 summary statement. The election judges shall receive no 118.15 compensation for any time during which they intentionally fail 118.16 to display the flag as required by this subdivision. 118.17 (b) The election judges shall, immediately after displaying 118.18 the flag pursuant to paragraph (a), post the following: 118.19 (1) a "Vote Here" sign conspicuously near the flag, which 118.20 must be of a size not less than two feet high by four feet wide, 118.21 with letters printed in red in a font size of no less than 118.22 576-point type, against a white background; and 118.23 (2) within the building, if the polling place has more than 118.24 one room, signs indicating by arrows the direction in which to 118.25 proceed in order to reach the room containing the polling place. 118.26 Sec. 49. Minnesota Statutes 2004, section 204C.24, 118.27 subdivision 1, is amended to read: 118.28 Subdivision 1. [INFORMATION REQUIREMENTS.] Precinct 118.29 summary statements shall be submitted by the election judges in 118.30 every precinct. Forstateall elections, the election judges 118.31 shall complete three or more copies of the summary statements, 118.32 and each copy shall contain the following information for each 118.33 kind of ballot: 118.34 (a) the number of votes each candidate received or the 118.35 number of yes and no votes on each question, the number of 118.36 undervotes or partially blank ballots, and the number of 119.1 overvotes or partially defective ballots with respect to each 119.2 office or question; 119.3 (b) the number of totally blank ballots, the number of 119.4 totally defective ballots, the number of spoiled ballots, and 119.5 the number of unused ballots; 119.6 (c) the number of individuals who voted at the election in 119.7 the precinct; 119.8 (d) the number of voters registering on election day in 119.9 that precinct; and 119.10 (e) the signatures of the election judges who counted the 119.11 ballots certifying that all of the ballots cast were properly 119.12 piled, checked, and counted; and that the numbers entered by the 119.13 election judges on the summary statements correctly show the 119.14 number of votes cast for each candidate and for and against each 119.15 question. 119.16 At least two copies of the summary statement must be 119.17 prepared for elections not held on the same day as the state 119.18 elections. 119.19 Sec. 50. Minnesota Statutes 2004, section 204C.28, 119.20 subdivision 1, is amended to read: 119.21 Subdivision 1. [COUNTY AUDITOR.] Every county auditor 119.22 shall remain at the auditor's office to receive delivery of the 119.23 returns, to permit public inspection of the summary statements, 119.24 and to tabulate the votes until all have been tabulated and the 119.25 results made known, or until 24 hours have elapsed since the end 119.26 of the hours for voting, whichever occurs first. Every county 119.27 auditor shall keep a book in which, in the presence of the 119.28 municipal clerk or the election judges who deliver the returns, 119.29 the auditor shall make a record of all materials delivered, the 119.30 time of delivery, and the names of the municipal clerk or 119.31 election judges who made delivery. The county auditor shall 119.32 file the book and all envelopes containing ballots in a safe and 119.33 secure place with envelope seals unbroken. Access to the book 119.34 and ballots shall be strictly controlled. Accountability and a 119.35 record of access shall be maintained by the county auditor 119.36 during the period for contesting elections or, if a contest is 120.1 filed, until the contest has been finally determined. 120.2 Thereafter, the book shall be retained in the auditor's office 120.3 for the same period as the ballots as provided in section 120.4 204B.40. 120.5 The county auditor shall file all envelopes containing 120.6 ballots in a safe place with seals unbroken. If the envelopes 120.7 were previously opened by proper authority for examination or 120.8 recount, the county auditor shall have the envelopes sealed 120.9 again and signed by the individuals who made the inspection or 120.10 recount. The envelopes may be opened by the county canvassing 120.11 board if necessary to procure election returns that the election 120.12 judges inadvertently may have sealed in the envelopes with the 120.13 ballots. In that case, the envelopes shall be sealed again and 120.14 signed in the same manner as otherwise provided in this 120.15 subdivision. 120.16 Sec. 51. Minnesota Statutes 2004, section 204C.50, 120.17 subdivision 1, is amended to read: 120.18 Subdivision 1. [SELECTION FOR REVIEW; NOTICE.] (a) 120.19 Postelection review under this section must be conducted only on 120.20 the election for president, senator or representative in 120.21 Congress, constitutional offices, and legislative offices. 120.22 (b) The Office of the Secretary of State shall, within 120.23 three days after each state general election beginning in 2006, 120.24 randomly select 80 precincts for postelection review as defined 120.25 in this section. The precincts must be selected so that an 120.26 equal number of precincts are selected in each congressional 120.27 district of the state. Of the precincts in each congressional 120.28 district, at least five must have had more than 500 votes cast, 120.29 and at least two must have had fewer than 500 votes cast. The 120.30 secretary of state must promptly provide notices of which 120.31 precincts are chosen to the election administration officials 120.32 who are responsible for the conduct of elections in those 120.33 precincts. 120.34(b)(c) One week before the state general election 120.35 beginning in 2006, the secretary of state must post on the 120.36 office Web site the date, time, and location at which precincts 121.1 will be randomly chosen for review under this section. The 121.2 chair of each major political party may appoint a designee to 121.3 observe the random selection process. 121.4 Sec. 52. Minnesota Statutes 2004, section 204D.03, 121.5 subdivision 1, is amended to read: 121.6 Subdivision 1. [STATE PRIMARY.] (a) The state primary 121.7 shall be held on the first Tuesday after the second Monday in 121.8 September in each even-numbered year to select the nominees of 121.9 the major political parties for partisan offices and the 121.10 nominees for nonpartisan offices to be filled at the state 121.11 general election, other than presidential electors. 121.12 (b) If in any municipality or county there are no partisan 121.13 or nonpartisan offices for which nominees must be selected at 121.14 the state primary, no state primary shall be held in the 121.15 municipality or county. However, no later than 15 days after 121.16 the close of filings, the municipal clerk or county auditor in 121.17 such a municipality or county must post a notice in the office, 121.18 and send a copy of the notice to the secretary of state, stating 121.19 that no primary will be held in the municipality or county 121.20 because there are no partisan or nonpartisan offices for which 121.21 nominees must be selected in the municipality or county. 121.22 Sec. 53. Minnesota Statutes 2004, section 204D.14, 121.23 subdivision 3, is amended to read: 121.24 Subd. 3. [UNCONTESTED JUDICIAL OFFICES.] Judicial 121.25 offices for a specific court for which there is only one 121.26 candidate filed must appear after all other judicial offices for 121.27 that same court on the canary ballot. 121.28 Sec. 54. Minnesota Statutes 2004, section 204D.27, 121.29 subdivision 5, is amended to read: 121.30 Subd. 5. [CANVASS; SPECIAL PRIMARY; STATE CANVASSING 121.31 BOARD.] Not later than four days after the returns of the county 121.32 canvassing boards are certified to the secretary of state, the 121.33 State Canvassing Board shall complete its canvass of the special 121.34 primary. The secretary of state shall then promptly certify to 121.35 the county auditors the names of the nominated individuals, 121.36 prepare notices of nomination, and notify each nominee of the 122.1 nomination. 122.2 Sec. 55. [205.135] [ELECTION REPORTING SYSTEM; CANDIDATE 122.3 FILING.] 122.4 Subdivision 1. [EVEN-NUMBERED YEAR.] For regularly 122.5 scheduled municipal elections held in an even-numbered year, the 122.6 municipal clerk must provide the offices and questions to be 122.7 voted on in the municipality and the list of candidates for each 122.8 office to the county auditor for entry into the election 122.9 reporting system provided by the secretary of state no later 122.10 than 46 days prior to the election. The county auditor must 122.11 delegate, at the request of the municipality, the duty to enter 122.12 the information into the system to the municipal clerk. 122.13 Subd. 2. [ODD-NUMBERED YEAR.] For regularly scheduled 122.14 municipal elections held in an odd-numbered year, the municipal 122.15 clerk or county auditor must enter the offices and questions to 122.16 be voted on in the municipality and the list of candidates for 122.17 each office into the election reporting system no later than 46 122.18 days prior to the election. 122.19 Sec. 56. Minnesota Statutes 2004, section 205.175, 122.20 subdivision 2, is amended to read: 122.21 Subd. 2. [METROPOLITAN AREA MUNICIPALITIES.] The governing 122.22 body of a municipality which is located within a metropolitan 122.23 countyas defined by section 473.121included in the definition 122.24 of metropolitan area in section 200.02, subdivision 24, may 122.25 designate the time during which the polling places will remain 122.26 open for voting at the next succeeding and all subsequent 122.27 municipal elections, provided that the polling places shall open 122.28 no later than 10:00 a.m. and shall close no earlier than 8:00 122.29 p.m. The resolution shall remain in force until it is revoked 122.30 by the municipal governing body. 122.31 Sec. 57. [205.187] [ELECTION REPORTING SYSTEM; PRECINCT 122.32 VOTES.] 122.33 Subdivision 1. [EVEN-NUMBERED YEAR.] For regularly 122.34 scheduled municipal elections held in an even-numbered year, the 122.35 county auditor must enter the votes in each precinct for the 122.36 questions and offices voted on in the municipal election into 123.1 the election reporting system provided by the secretary of state. 123.2 Subd. 2. [ODD-NUMBERED YEAR.] For regularly scheduled 123.3 municipal elections held in an odd-numbered year, the municipal 123.4 clerk or county auditor must enter the votes in each precinct 123.5 for the offices and questions voted on in the municipality into 123.6 the election reporting system provided by the secretary of state. 123.7 Sec. 58. [205A.075] [ELECTION REPORTING SYSTEM; CANDIDATE 123.8 FILING.] 123.9 Subdivision 1. [EVEN-NUMBERED YEAR.] For regularly 123.10 scheduled school district elections held in an even-numbered 123.11 year, the school district clerk must provide the offices and 123.12 questions to be voted on in the school district and the list of 123.13 candidates for each office to the county auditor for entry into 123.14 the election reporting system provided by the secretary of state 123.15 no later than ....... days prior to the election. 123.16 Subd. 2. [ODD-NUMBERED YEAR.] For regularly scheduled 123.17 school district elections held in an odd-numbered year, the 123.18 school district clerk or county auditor must enter the offices 123.19 and questions to be voted on in the school district and the list 123.20 of candidates for each office into the election reporting system 123.21 provided by the secretary of state no later than ....... days 123.22 prior to the election. 123.23 Sec. 59. [205A.076] [ELECTION REPORTING SYSTEM; PRECINCT 123.24 VOTES.] 123.25 Subdivision 1. [EVEN-NUMBERED YEAR.] For regularly 123.26 scheduled school district elections held in an even-numbered 123.27 year, the county auditor must enter the votes in each precinct 123.28 for the questions and offices voted on in the school district 123.29 election into the election reporting system provided by the 123.30 secretary of state. 123.31 Subd. 2. [ODD-NUMBERED YEAR.] For regularly scheduled 123.32 school district elections held in an odd-numbered year, the 123.33 school district clerk or county auditor must enter the votes in 123.34 each precinct for the offices and questions voted on in the 123.35 school district into the election reporting system provided by 123.36 the secretary of state. 124.1 Sec. 60. Minnesota Statutes 2004, section 205A.09, 124.2 subdivision 1, is amended to read: 124.3 Subdivision 1. [METROPOLITAN AREA SCHOOL DISTRICTS.] At a 124.4 school district election in a school district located in whole 124.5 or in part within a metropolitan countyas defined by section124.6473.121included in the definition of metropolitan area in 124.7 section 200.02, subdivision 24, the school board, by resolution 124.8 adopted before giving notice of the election, may designate the 124.9 time during which the polling places will remain open for voting 124.10 at the next succeeding and all later school district elections. 124.11 The polling places must open no later than 10:00 a.m. and close 124.12 no earlier than 8:00 p.m. The resolution shall remain in force 124.13 until it is revoked by the school board. 124.14 Sec. 61. Minnesota Statutes 2004, section 206.56, 124.15 subdivision 2, is amended to read: 124.16 Subd. 2. [AUTOMATIC TABULATING EQUIPMENT.] "Automatic 124.17 tabulating equipment" includesapparatusmachines, resident 124.18 firmware, and programmable memory units necessary to optically 124.19 scan, automatically examine, and count votes designated on 124.20 ballot cards, and data processing machines which can be used for124.21counting ballots and tabulating results. 124.22 Sec. 62. Minnesota Statutes 2004, section 206.56, 124.23 subdivision 3, is amended to read: 124.24 Subd. 3. [BALLOT.] "Ballot" includesballot cards and124.25 paper ballots, ballot cards, and the paper ballot marked by an 124.26 electronic marking device. 124.27 Sec. 63. Minnesota Statutes 2004, section 206.56, 124.28 subdivision 7, is amended to read: 124.29 Subd. 7. [COUNTING CENTER.] "Counting center" means a 124.30 place selected by the governing body of a municipality wherean124.31 a central count electronic voting system is used for the 124.32 automatic processing and counting of ballots. 124.33 Sec. 64. Minnesota Statutes 2004, section 206.56, 124.34 subdivision 8, is amended to read: 124.35 Subd. 8. [ELECTRONIC VOTING SYSTEM.] "Electronic voting 124.36 system" means a system in which the voter records votes by means 125.1 of marking a ballot,which is designedso that votes may be 125.2 counted by automatic tabulating equipment at a counting 125.3 center or in the precinct or polling place where the ballot is 125.4 cast. 125.5 An electronic voting system includes automatic tabulating 125.6 equipment; nonelectronic ballot markers; electronic ballot 125.7 markers, including electronic ballot display, audio ballot 125.8 reader, and devices by which the voter will register the voter's 125.9 voting intent; software used to program automatic tabulators and 125.10 layout ballots; computer programs used to accumulate precinct 125.11 results; ballots; secrecy folders; system documentation; and 125.12 system testing results. 125.13 Sec. 65. Minnesota Statutes 2004, section 206.56, 125.14 subdivision 9, is amended to read: 125.15 Subd. 9. [MANUAL MARKING DEVICE.] "Manual marking device" 125.16 means any approved device for directly marking a ballot by hand 125.17 with ink, pencil, or other substance which will enable the 125.18 ballot to be tabulated by means of automatic tabulating 125.19 equipment. 125.20 Sec. 66. Minnesota Statutes 2004, section 206.56, is 125.21 amended by adding a subdivision to read: 125.22 Subd. 9a. [ELECTRONIC BALLOT MARKER.] "Electronic ballot 125.23 marker" means equipment that is part of an electronic voting 125.24 system that marks a nonelectronic ballot with votes selected by 125.25 a voter using an electronic ballot display or audio ballot 125.26 reader. 125.27 Sec. 67. Minnesota Statutes 2004, section 206.56, is 125.28 amended by adding a subdivision to read: 125.29 Subd. 9b. [ASSISTIVE VOTING TECHNOLOGY.] "Assistive voting 125.30 technology" means touch-activated screen, buttons, keypad, 125.31 sip-and-puff input device, keyboard, earphones, or any other 125.32 device used with an electronic ballot marker that assists voters 125.33 to use an audio or electronic ballot display in order to select 125.34 votes. 125.35 Sec. 68. Minnesota Statutes 2004, section 206.56, is 125.36 amended by adding a subdivision to read: 126.1 Subd. 9c. [ELECTRONIC BALLOT DISPLAY.] "Electronic ballot 126.2 display" means a graphic representation of a ballot on a 126.3 computer monitor or screen on which a voter may make vote 126.4 choices for candidates and questions for the purpose of marking 126.5 a nonelectronic ballot. 126.6 Sec. 69. Minnesota Statutes 2004, section 206.56, is 126.7 amended by adding a subdivision to read: 126.8 Subd. 9d. [AUDIO BALLOT READER.] "Audio ballot reader" 126.9 means an audio representation of a ballot that can be used with 126.10 other assistive voting technology to permit a voter to mark 126.11 votes on a nonelectronic ballot using an electronic ballot 126.12 marker. 126.13 Sec. 70. Minnesota Statutes 2004, section 206.57, 126.14 subdivision 1, is amended to read: 126.15 Subdivision 1. [EXAMINATION AND REPORT BY SECRETARY OF 126.16 STATE; APPROVAL.] A vendor of an electronic voting system may 126.17 apply to the secretary of state to examine the system and to 126.18 report as to its compliance with the requirements of law and as 126.19 to its accuracy, durability, efficiency, and capacity to 126.20 register the will of voters. The secretary of state or a 126.21 designee shall examine the system submitted and file a report on 126.22 it in the Office of the Secretary of State. Examination is not 126.23 required of every individual machine or counting device, but 126.24 only of each type of electronic voting system before its 126.25 adoption, use, or purchase and before its continued use after 126.26 significant changes have been made in an approved system. The 126.27 examination must include the ballot programming,; electronic 126.28 ballot marking, including all assistive technologies intended to 126.29 be used with the system; vote counting,; and vote accumulation 126.30 functions of each voting system. 126.31 If the report of the secretary of state or the secretary's 126.32 designee concludes that the kind of system examined complies 126.33 with the requirements of sections 206.55 to 206.90 and can be 126.34 used safely, the system shall be deemed approved by the 126.35 secretary of state, and may be adopted and purchased for use at 126.36 elections in this state. A voting system not approved by the 127.1 secretary of state may not be used at an election in this 127.2 state. The secretary of state may adopt permanent rules 127.3 consistent with sections 206.55 to 206.90 relating to the 127.4 examination and use of electronic voting systems. 127.5 Sec. 71. Minnesota Statutes 2004, section 206.57, 127.6 subdivision 5, is amended to read: 127.7 Subd. 5. [VOTING SYSTEM FOR DISABLED VOTERS.] In federal 127.8 and state elections held after December 31, 2005, and in county, 127.9 municipal, and school district elections held after December 31, 127.10 2007, the voting method used in each polling place must include 127.11 a voting system that is accessible for individuals with 127.12 disabilities, including nonvisual accessibility for the blind 127.13 and visually impaired in a manner that provides the same 127.14 opportunity for access and participation, including privacy and 127.15 independence, as for other voters. 127.16 Sec. 72. Minnesota Statutes 2004, section 206.57, is 127.17 amended by adding a subdivision to read: 127.18 Subd. 7. [ELECTION ASSISTANCE COMMISSION STANDARDS.] If, 127.19 prior to January 1, 2006, the federal Election Assistance 127.20 Commission has not established standards for an electronic 127.21 ballot marker or other voting system component that is required 127.22 to enable a voting system to meet the requirements of 127.23 subdivision 5, the secretary of state may certify the voting 127.24 system on an experimental basis pending the completion of 127.25 federal standards, notwithstanding subdivision 6. Within two 127.26 years after the Election Assistance Commission issues standards 127.27 for a voting system component used in a voting system authorized 127.28 under this subdivision, the secretary of state must review or 127.29 reexamine the voting system to determine whether the system 127.30 conforms to federal standards. 127.31 Sec. 73. Minnesota Statutes 2004, section 206.58, 127.32 subdivision 1, is amended to read: 127.33 Subdivision 1. [MUNICIPALITIES.] (a) The governing body of 127.34 a municipality, at a regular meeting or at a special meeting 127.35 called for the purpose,maymust provide for the use ofanat 127.36 least one electronic voting system that conforms to the 128.1 requirements of section 301(a)(3)(B) of the Help America Vote 128.2 Act, Public Law 107-252, inone or more precinctseach polling 128.3 place and at all electionsin the precincts, subject to approval 128.4 by the county auditor. This paragraph applies to federal and 128.5 state elections held after December 31, 2005, and to county, 128.6 municipal, and school district elections held after December 31, 128.7 2007. 128.8 (b) The governing body shall disseminate information to the 128.9 public about the use of a new voting system at least 60 days 128.10 prior to the election and shall provide for instruction of 128.11 voters with a demonstration voting system in a public place for 128.12 the six weeks immediately prior to the first election at which 128.13 the new voting system will be used. 128.14 (c) No system may be adopted or used unless it has been 128.15 approved by the secretary of state pursuant to section 206.57. 128.16 Sec. 74. [206.585] [STATE VOTING SYSTEMS CONTRACTS.] 128.17 The secretary of state shall establish a working group 128.18 including representatives of county auditors, municipal clerks, 128.19 and members of the disabilities community to assist in 128.20 developing a request for proposals and subsequent state voting 128.21 systems contracts. Each contract should, if practical, include 128.22 provisions for maintenance of the equipment purchased. Counties 128.23 and municipalities may purchase voting systems and obtain 128.24 related election services from the state contracts. The voting 128.25 systems contracts shall address precinct-based optical scan 128.26 voting equipment, ballot marking equipment for persons with 128.27 disabilities and other voters, and assistive voting machines 128.28 that combine voting methods used for persons with disabilities 128.29 with precinct-based optical scan voting machines. 128.30 [EFFECTIVE DATE.] This section is effective the day 128.31 following final enactment. 128.32 Sec. 75. Minnesota Statutes 2004, section 206.61, 128.33 subdivision 4, is amended to read: 128.34 Subd. 4. [ORDER OF CANDIDATES.] On the "State Partisan 128.35 Primary Ballot" prepared for primary elections, and on the white 128.36 ballot prepared for the general election, the order of the names 129.1 of nominees or names of candidates for election shall be the 129.2 same as required for paper ballots. More than one column or row 129.3 may be used for the same office or party. Electronic ballot 129.4 display and audio ballot readers must conform to the candidate 129.5 order on the optical scan ballot used in the precinct. 129.6 Sec. 76. Minnesota Statutes 2004, section 206.61, 129.7 subdivision 5, is amended to read: 129.8 Subd. 5. [ALTERNATION.] The provisions of the election 129.9 laws requiring the alternation of names of candidates must be 129.10 observed as far as practicable by changing the order of the 129.11 names on an electronic voting system in the various precincts so 129.12 that each name appears on the machines or marking devices used 129.13 in a municipality substantially an equal number of times in the 129.14 first, last, and in each intermediate place in the list or group 129.15 in which they belong. However, the arrangement of candidates' 129.16 names must be the same on all voting systems used in the same 129.17 precinct. If the number of names to be alternated exceeds the 129.18 number of precincts, the election official responsible for 129.19 providing the ballots, in accordance with subdivision 1, shall 129.20 determine by lot the alternation of names. 129.21 If an electronic ballot marker is used with a paper ballot 129.22 that is not an optical scan ballot card, the manner of 129.23 alternation of candidate names on the paper ballot must be as 129.24 prescribed for optical scan ballots in this subdivision. 129.25 Sec. 77. Minnesota Statutes 2004, section 206.64, 129.26 subdivision 1, is amended to read: 129.27 Subdivision 1. [GENERAL PROVISIONS FOR ELECTRONIC SYSTEM 129.28 VOTING.] Each electronic voting system booth must be placed and 129.29 protected so that it is accessible to only one voter at a time 129.30 and is in full view of all the election judges and challengers 129.31 at the polling place. The election judges shall admit one 129.32 individual at a time to each booth after determining that the 129.33 individual is eligible to vote. Voting by electronic voting 129.34 system must be secret, except for voters whoneedrequest 129.35 assistance. A voter may remain inside the voting booth for 129.36three minutesthe time reasonably required for the voter to 130.1 complete the ballot. A voter who refuses to leave the voting 130.2 booth after a reasonable amount of time, but not less than three 130.3 minutes, must be removed by the election judges. 130.4 Sec. 78. [206.65] [SYSTEMS REQUIRED IN POLLING PLACES; 130.5 CO-LOCATION OF PRECINCTS.] 130.6 In federal and state elections held after December 31, 130.7 2005, and in county, municipal, and school district elections 130.8 held after December 31, 2007, each polling place must be 130.9 equipped with an electronic voting system equipped for 130.10 individuals with disabilities. Precincts that share a polling 130.11 place with other precincts pursuant to section 204B.14, 130.12 subdivision 4, may share voting equipment. Notwithstanding 130.13 section 204B.14, upon written request to and approval by the 130.14 secretary of state, the responsible municipal clerks may 130.15 co-locate noncontiguous precincts located in one or more 130.16 counties into one convenient polling place. To the extent that 130.17 an election includes offices for more than one jurisdiction, 130.18 operating costs are to be allocated among those jurisdictions. 130.19 For the purposes of this section, "operating costs" include 130.20 actual county and municipal costs for hardware maintenance, 130.21 election day technical support, software licensing, system 130.22 programming, voting system testing, training of county and 130.23 municipal staff in the use of the assistive voting systems, 130.24 transportation of the assistive voting systems to and from the 130.25 polling places, and storage of the assistive voting systems 130.26 between elections. 130.27 [EFFECTIVE DATE.] This section is effective the day 130.28 following final enactment. 130.29 Sec. 79. Minnesota Statutes 2004, section 206.80, is 130.30 amended to read: 130.31 206.80 [ELECTRONIC VOTING SYSTEMS.] 130.32 (a) An electronic voting system may not be employed unless 130.33 it: 130.34 (1) permits every voter to vote in secret; 130.35 (2) permits every voter to vote for all candidates and 130.36 questions for whom or upon which the voter is legally entitled 131.1 to vote; 131.2 (3) provides for write-in voting when authorized; 131.3 (4) rejectsby means of the automatic tabulating131.4equipmentautomatically, except as provided in section 206.84 131.5 with respect to write-in votes, all votes for an office or 131.6 question when the number of votes cast on it exceeds the number 131.7 which the voter is entitled to cast; 131.8 (5) permits a voter at a primary election to select 131.9 secretly the party for which the voter wishes to vote;and131.10 (6) rejects, by means of the automatic tabulating131.11equipment,automatically all votes cast in a primary election by 131.12 a voter when the voter votes for candidates of more than one 131.13 party.; and 131.14 (7) provides every voter an opportunity to electronically 131.15 verify votes and to change votes or correct any error before the 131.16 voter's ballot is cast and counted, produces either a permanent 131.17 paper record or a paper ballot that is then cast by the voter 131.18 that is preserved as an official record available for use in any 131.19 recount. 131.20 (b) An electronic voting system purchased on or after the 131.21 effective date of this section may not be employed unless it 131.22 accepts and tabulates, in the precinct or at a counting center, 131.23 a marked optical scan ballot or creates a marked optical scan 131.24 ballot that can be tabulated in the precinct or at a counting 131.25 center by an optical scan machine certified for use in this 131.26 state, or is a machine that securely transmits a vote 131.27 electronically to an optical scan machine in the precinct while 131.28 creating a paper record of each vote. 131.29 [EFFECTIVE DATE.] This section is effective the day 131.30 following final enactment. 131.31 Sec. 80. Minnesota Statutes 2004, section 206.81, is 131.32 amended to read: 131.33 206.81 [ELECTRONIC VOTING SYSTEMS; EXPERIMENTAL USE.] 131.34 (a) The secretary of state mayapprovecertify an 131.35 electronic voting system for experimental use at an election 131.36 prior to its approval for general use. 132.1 (b)The secretary of state must approve one or more direct132.2recording electronic voting systems for experimental use at an132.3election before their approval for general use and may impose132.4restrictions on their use. At least one voting system approved132.5under this paragraph must permit sighted persons to vote and at132.6least one system must permit a blind or visually impaired voter132.7to cast a ballot independently and privately.132.8(c)Experimental use must be observed by the secretary of 132.9 state or the secretary's designee and the results observed must 132.10 be considered at any subsequent proceedings for approval for 132.11 general use. 132.12(d)(c) The secretary of state may adopt rules consistent 132.13 with sections 206.55 to 206.90 relating to experimental use. 132.14 The extent of experimental use must be determined by the 132.15 secretary of state. 132.16 Sec. 81. Minnesota Statutes 2004, section 206.82, 132.17 subdivision 1, is amended to read: 132.18 Subdivision 1. [PROGRAM.] A program or programs for use in 132.19 an election conducted by means of an electronic voting system or 132.20 using an electronic ballot marker shall be prepared at the 132.21 direction of the county auditor or municipal clerk who is 132.22 responsible for the conduct of the election and shall be 132.23 independently verified by a competent person designated by that 132.24 official. The term "competent person" as used in this section 132.25 means a person who can demonstrate knowledge as a computer 132.26 programmer and who is other than and wholly independent of any 132.27 person operating or employed by the counting center or the 132.28 corporation or other preparer of the program. A test deck 132.29 prepared by a competent person shall be used for independent 132.30 verification of the program; it shall test the maximum digits 132.31 used in totaling the returns and shall be usable by insertion 132.32 during the tabulation process as well as prior to tabulation. A 132.33 test deck must also be prepared using the electronic ballot 132.34 marker program and must also be used to verify that all valid 132.35 votes counted by the vote tabulator may be selected using the 132.36 electronic ballot marker. The secretary of state shall adopt 133.1 rules further specifying test procedures. 133.2 Sec. 82. Minnesota Statutes 2004, section 206.82, 133.3 subdivision 2, is amended to read: 133.4 Subd. 2. [PLAN.] The municipal clerk in a municipality 133.5 where an electronic voting system is used and the county auditor 133.6 of a county in which an electronic voting system is used in more 133.7 than one municipality and the county auditor of a county in 133.8 which a counting center serving more than one municipality is 133.9 located shall prepare a plan which indicates acquisition of 133.10 sufficient facilities, computer time, and professional services 133.11 and which describes the proposed manner of complying with 133.12 section 206.80. The plan must be signed, notarized, and 133.13 submitted to the secretary of state more than 60 days before the 133.14 first election at which the municipality uses an electronic 133.15 voting system. Prior to July 1 of each subsequent general 133.16 election year, the clerk or auditor shall submit to the 133.17 secretary of state notification of any changes to the plan on 133.18 file with the secretary of state. The secretary of state shall 133.19 review each plan for its sufficiency and may request technical 133.20 assistance from the Department of Administration or other agency 133.21 which may be operating as the central computer authority. The 133.22 secretary of state shall notify each reporting authority of the 133.23 sufficiency or insufficiency of its plan within 20 days of 133.24 receipt of the plan. The attorney general, upon request of the 133.25 secretary of state, may seek a district court order requiring an 133.26 election official to fulfill duties imposed by this subdivision 133.27 or by rules promulgated pursuant to this section. 133.28 Sec. 83. Minnesota Statutes 2004, section 206.83, is 133.29 amended to read: 133.30 206.83 [TESTING OF VOTING SYSTEMS.] 133.31 The official in charge of elections shall within 14 days 133.32 prior to election day have the voting system tested to ascertain 133.33 that the system will correctly mark ballots using all methods 133.34 supported by the system, including through assistive technology, 133.35 and count the votes cast for all candidates and on all questions 133.36within 14 days prior to election day. Public notice of the time 134.1 and place of the test must be given at least two days in advance 134.2 by publication once in official newspapers. The test must be 134.3 observed by at least two election judges, who are not of the 134.4 same major political party, and must be open to representatives 134.5 of the political parties, candidates, the press, and the 134.6 public. The test must be conducted by (1) processing a 134.7 preaudited group of ballots punched or marked to record a 134.8 predetermined number of valid votes for each candidate and on 134.9 each question, and must include for each office one or more 134.10 ballot cards which have votes in excess of the number allowed by 134.11 law in order to test the ability of the voting system tabulator 134.12 and electronic ballot marker to reject those votes; and (2) 134.13 processing an additional test deck of ballots marked using the 134.14 electronic ballot marker to be employed in the precinct, 134.15 including ballots marked using the electronic ballot display, 134.16 audio ballot reader, and each of the assistive voting peripheral 134.17 devices used with the electronic ballot marker. If any error is 134.18 detected, the cause must be ascertained and corrected and an 134.19 errorless count must be made before the voting system may be 134.20 used in the election. After the completion of the test, the 134.21 programs used and ballot cards must be sealed, retained, and 134.22 disposed of as provided for paper ballots. 134.23 Sec. 84. Minnesota Statutes 2004, section 206.84, 134.24 subdivision 1, is amended to read: 134.25 Subdivision 1. [INSTRUCTION OF JUDGES, VOTERS.] The 134.26 officials in charge of elections shall determine procedures to 134.27 instruct election judges and voters in the use of electronic 134.28 voting system manual marking devices and the electronic ballot 134.29 marker, including assistive peripheral devices. 134.30 Sec. 85. Minnesota Statutes 2004, section 206.84, 134.31 subdivision 3, is amended to read: 134.32 Subd. 3. [BALLOTS.] The ballot information must be in the 134.33 same order provided for paper ballots, except that the 134.34 information may be in vertical or horizontal rows, or on a 134.35 number of separate pages. The secretary of state shall provide 134.36 by rule for standard ballot formats for electronic voting 135.1 systems. Electronic ballot displays and audio ballot readers 135.2 shall be in the order provided for on the optical scan ballot. 135.3 Electronic ballot displays may employ zooms or other devices as 135.4 assistive voting technology. Audio ballot readers may employ 135.5 rewinds or audio cues as assistive voting technology. 135.6 Ballot cards may contain special printed marksand holesas 135.7 required for proper positioning and reading of the ballots by 135.8 electronic vote counting equipment. Ballot cards must contain 135.9 an identification of the precinct for which they have been 135.10 prepared which can be read visually and which can be tabulated 135.11 by the automatic tabulating equipment. 135.12 Sec. 86. Minnesota Statutes 2004, section 206.84, 135.13 subdivision 6, is amended to read: 135.14 Subd. 6. [DUTIES OF OFFICIAL IN CHARGE.] The official in 135.15 charge of elections in each municipality where an electronic 135.16 voting system is used shall have the voting systems put in 135.17 order, set, adjusted, and made ready for voting when delivered 135.18 to the election precincts. The official shall also provide each 135.19 precinct with a container for transporting ballot cards to the 135.20 counting location after the polls close. The container shall be 135.21 of sturdy material to protect the ballots from all reasonably 135.22 foreseeable hazards including auto collisions. The election 135.23 judges shall meet at the polling place at least one hour before 135.24 the time for opening the polls. Before the polls open the 135.25 election judges shall compare the ballot cards used with the 135.26 sample ballots, electronic ballot displays, and audio ballot 135.27 reader furnished to see that the names, numbers, and letters on 135.28 both agree and shall certify to that fact on forms provided for 135.29 the purpose. The certification must be filed with the election 135.30 returns. 135.31 Sec. 87. Minnesota Statutes 2004, section 206.85, 135.32 subdivision 1, is amended to read: 135.33 Subdivision 1. [DUTIES OF RESPONSIBLE OFFICIAL.] The 135.34 official in charge of elections in a municipality where an 135.35 electronic voting system is used at a counting center must: 135.36 (a) be present or personally represented throughout the 136.1 counting center proceedings; 136.2 (b) be responsible for acquiring sufficient facilities and 136.3 personnel to ensure timely and lawful processing of votes; 136.4 (c) be responsible for the proper training of all personnel 136.5 participating in counting center proceedings and deputize all 136.6 personnel who are not otherwise election judges; 136.7 (d) maintain actual control over all proceedings and be 136.8 responsible for the lawful execution of all proceedings in the 136.9 counting center whether or not by experts; 136.10 (e) be responsible for assuring the lawful retention and 136.11 storage of ballots and read-outs; and 136.12 (f) arrange for observation by the public and by 136.13 candidates' representatives of counting center procedures by 136.14 publishing the exact location of the counting center in a legal 136.15 newspaper at least once during the week preceding the week of 136.16 election and in the newspaper of widest circulation once on the 136.17 day preceding the election, or once the week preceding the 136.18 election if the newspaper is a weekly. 136.19 The official may make arrangements with news reporters 136.20 which permit prompt reporting of election results but which do 136.21 not interfere with the timely and lawful completion of counting 136.22 procedures. 136.23 Sec. 88. Minnesota Statutes 2004, section 206.90, 136.24 subdivision 1, is amended to read: 136.25 Subdivision 1. [DEFINITION.] For the purposes of this 136.26 section, "optical scan voting system" means an electronic voting 136.27 system approved for use under sections 206.80 to 206.81 in which 136.28 the voter records votes by marking with a pencil or other 136.29writing instrumentdevice, including an electronic ballot 136.30 marker, a ballot on which the names of candidates, office 136.31 titles, party designation in a partisan primary or election, and 136.32 a statement of any question accompanied by the words "Yes" and 136.33 "No" are printed. 136.34 Sec. 89. Minnesota Statutes 2004, section 206.90, 136.35 subdivision 4, is amended to read: 136.36 Subd. 4. [ABSENTEE VOTING.] An optical scan voting system 137.1 may be used for absentee voting.The county auditor may supply137.2an appropriate marking instrument to the voter along with the137.3ballot.137.4 Sec. 90. Minnesota Statutes 2004, section 206.90, 137.5 subdivision 5, is amended to read: 137.6 Subd. 5. [INSTRUCTION OF JUDGES, VOTERS.] In instructing 137.7 judges and voters under section 206.84, subdivision 1, officials 137.8 in charge of election precincts using optical scan voting 137.9 systems shall include instruction on the proper mark for 137.10 recording votes on ballot cards marked with a pencil or other 137.11 writing instrument and the insertion by the voter of the ballot 137.12 card into automatic tabulating equipment that examines and 137.13 counts votes as the ballot card is deposited into the ballot box. 137.14 Officials shall include instruction on the insertion by the 137.15 voter of the ballot card into an electronic ballot marker that 137.16 can examine votes before the ballot card is deposited into the 137.17 ballot box. 137.18 Sec. 91. Minnesota Statutes 2004, section 206.90, 137.19 subdivision 6, is amended to read: 137.20 Subd. 6. [BALLOTS.] In precincts using optical scan voting 137.21 systems, a single ballot card on which all ballot information is 137.22 included must be printed in black ink on white colored material 137.23 except that marks not to be read by the automatic tabulating 137.24 equipment may be printed in another color ink. 137.25 On the front of the ballot must be printed the words 137.26 "Official Ballot" and the date of the election and lines for the 137.27 initials of at least two election judges. 137.28 When optical scan ballots are used, the offices to be 137.29 elected must appear in the following order: federal offices; 137.30 state legislative offices; constitutional offices; proposed 137.31 constitutional amendments; county offices and questions; 137.32 municipal offices and questions; school district offices and 137.33 questions; special district offices and questions; and judicial 137.34 offices. 137.35 On optical scan ballots, the names of candidates and the 137.36 words "yes" and "no" for ballot questions must be printed as 138.1 close to their corresponding vote targets as possible. 138.2 The line on an optical scan ballot for write-in votes must 138.3 contain the words "write-in, if any." 138.4 If a primary ballot contains both a partisan ballot and a 138.5 nonpartisan ballot, the instructions to voters must include a 138.6 statement that reads substantially as follows: "THIS BALLOT 138.7 CARD CONTAINS A PARTISAN BALLOT AND A NONPARTISAN BALLOT. ON 138.8 THE PARTISAN BALLOT YOU ARE PERMITTED TO VOTE FOR CANDIDATES OF 138.9 ONE POLITICAL PARTY ONLY." If a primary ballot contains 138.10 political party columns on both sides of the ballot, the 138.11 instructions to voters must include a statement that reads 138.12 substantially as follows: "ADDITIONAL POLITICAL PARTIES ARE 138.13 PRINTED ON THE OTHER SIDE OF THIS BALLOT. VOTE FOR ONE 138.14 POLITICAL PARTY ONLY." At the bottom of each political party 138.15 column on the primary ballot, the ballot must contain a 138.16 statement that reads substantially as follows: "CONTINUE VOTING 138.17 ON THE NONPARTISAN BALLOT." The instructions in section 138.18 204D.08, subdivision 4, do not apply to optical scan partisan 138.19 primary ballots. Electronic ballot displays and audio ballot 138.20 readers must follow the order of offices and questions on the 138.21 optical scan or paper ballot used in the same precinct. 138.22 Sec. 92. Minnesota Statutes 2004, section 206.90, 138.23 subdivision 8, is amended to read: 138.24 Subd. 8. [DUTIES OF ELECTION OFFICIALS.] The official in 138.25 charge of elections in each municipality where an optical scan 138.26 voting system is used shall have the electronic ballot that 138.27 examines and marks votes on ballot cards and the automatic 138.28 tabulating equipment that examines and counts votes as ballot 138.29 cards are deposited into ballot boxes put in order, set, 138.30 adjusted, and made ready for voting when delivered to the 138.31 election precincts. 138.32 Sec. 93. Minnesota Statutes 2004, section 206.90, 138.33 subdivision 9, is amended to read: 138.34 Subd. 9. [SPOILED BALLOT CARDS.] Automatic tabulating 138.35 equipment and electronic ballot markers must be capable of 138.36 examining a ballot card for defects and returning it to the 139.1 voter before it is counted and deposited into the ballot box and 139.2 must be programmed to return as a spoiled ballot a ballot card 139.3 with votes for an office or question which exceed the number 139.4 which the voter is entitled to cast and at a primary a ballot 139.5 card with votes for candidates of more than one party. 139.6 Sec. 94. Minnesota Statutes 2004, section 208.03, is 139.7 amended to read: 139.8 208.03 [NOMINATION OF PRESIDENTIAL ELECTORS.] 139.9 Presidential electors for the major political parties of 139.10 this state shall be nominated by delegate conventions called and 139.11 held under the supervision of the respective state central 139.12 committees of the parties of this state. On or before primary 139.13 election day the chair of the major political party shall 139.14 certify to the secretary of state the names of the persons 139.15 nominated as presidential electors, the names of eight alternate 139.16 presidential electors, and the names of the party candidates for 139.17 president and vice-president. 139.18 Sec. 95. Minnesota Statutes 2004, section 208.04, 139.19 subdivision 1, is amended to read: 139.20 Subdivision 1. [FORM OF PRESIDENTIAL BALLOTS.] When 139.21 presidential electors and alternates are to be voted for, a vote 139.22 cast for the party candidates for president and vice-president 139.23 shall be deemed a vote for that party's electors and alternates 139.24 as filed with the secretary of state. The secretary of state 139.25 shall certify the names of all duly nominated presidential and 139.26 vice-presidential candidates to the county auditors of the 139.27 counties of the state. Each county auditor, subject to the 139.28 rules of the secretary of state, shall cause the names of the 139.29 candidates of each major political party and the candidates 139.30 nominated by petition to be printed in capital letters, set in 139.31 type of the same size and style as for candidates on the state 139.32 white ballot, before the party designation. To the left of, and 139.33 on the same line with the names of the candidates for president 139.34 and vice-president, near the margin, shall be placed a square or 139.35 box, in which the voters may indicate their choice by marking an 139.36 "X." 140.1 The form for the presidential ballot and the relative 140.2 position of the several candidates shall be determined by the 140.3 rules applicable to other state officers. The state ballot, 140.4 with the required heading, shall be printed on the same piece of 140.5 paper and shall be below the presidential ballot with a blank 140.6 space between one inch in width. 140.7 Sec. 96. Minnesota Statutes 2004, section 208.05, is 140.8 amended to read: 140.9 208.05 [STATE CANVASSING BOARD.] 140.10 The State Canvassing Board at its meeting on the second 140.11 Tuesday after each state general election shall open and canvass 140.12 the returns made to the secretary of state for presidential 140.13 electors and alternates, prepare a statement of the number of 140.14 votes cast for the persons receiving votes for these offices, 140.15 and declare the person or persons receiving the highest number 140.16 of votes for each office duly elected. When it appears that 140.17 more than the number of persons to be elected as presidential 140.18 electors or alternates have the highest and an equal number of 140.19 votes, the secretary of state, in the presence of the board 140.20 shall decide by lot which of the persons shall be declared 140.21 elected. The governor shall transmit to each person declared 140.22 elected a certificate of election, signed by the governor, 140.23 sealed with the state seal, and countersigned by the secretary 140.24 of state. 140.25 Sec. 97. Minnesota Statutes 2004, section 208.06, is 140.26 amended to read: 140.27 208.06 [ELECTORS TO MEET AT CAPITOL; FILLING OF VACANCIES.] 140.28 The presidential electors and alternate presidential 140.29 electors, before 12:00 M. on the day before that fixed by 140.30 Congress for the electors to vote for president and 140.31 vice-president of the United States, shall notify the governor 140.32 that they are at the State Capitol and ready at the proper time 140.33 to fulfill their duties as electors. The governor shall deliver 140.34 to the electors present a certificate of the names of all the 140.35 electors. If any elector named therein fails to appear before 140.36 9:00 a.m. on the day, and at the place, fixed for voting for 141.1 president and vice-president of the United States, an alternate, 141.2 chosen from among the alternates by lot, shall be appointed to 141.3 act for that elector. If more than eight alternates are 141.4 necessary, the electors present shall, in the presence of the 141.5 governor, immediately elect by ballot a person to fill the 141.6 vacancy. If more than the number of persons required have the 141.7 highest and an equal number of votes, the governor, in the 141.8 presence of the electors attending, shall decide by lot which of 141.9 those persons shall be elected. 141.10 Sec. 98. Minnesota Statutes 2004, section 208.07, is 141.11 amended to read: 141.12 208.07 [CERTIFICATE OF ELECTORS.] 141.13 Immediately after the vacancies have been filled, the 141.14 original electors and alternates present shall certify to the 141.15 governor the names of the persons elected to complete their 141.16 number, and the governor shall at once cause written notice to 141.17 be given to each person elected to fill a vacancy. The persons 141.18 so chosen shall be presidential electors and shall meet and act 141.19 with the other electors. 141.20 Sec. 99. Minnesota Statutes 2004, section 208.08, is 141.21 amended to read: 141.22 208.08 [ELECTORS TO MEET AT STATE CAPITOL.] 141.23 The original, alternate, and substituted presidential 141.24 electors, at 12:00 M., shall meet in the executive chamber at 141.25 the State Capitol and shall perform all the duties imposed upon 141.26 them as electors by the Constitution and laws of the United 141.27 States and this state. 141.28 Each elector, as a condition of having been chosen under 141.29 the name of the party of a presidential and a vice-presidential 141.30 candidate, is obligated to vote for those candidates. The 141.31 elector shall speak aloud or affirm in a nonverbal manner the 141.32 name of the candidate for president and for vice-president for 141.33 whom the elector is voting and then confirm that vote by written 141.34 public ballot. 141.35 If an elector fails to cast a ballot for the presidential 141.36 or vice-presidential candidate of the party under whose name the 142.1 elector was chosen, the elector's vote or abstention is 142.2 invalidated and an alternate presidential elector, chosen by lot 142.3 from among the alternates, shall cast a ballot in the name of 142.4 the elector for the presidential and vice-presidential candidate 142.5 of the party under whose name the elector was chosen. The 142.6 invalidation of an elector's vote or abstention on the ballot 142.7 for president or vice-president does not apply if the 142.8 presidential candidate under whose party's name the elector was 142.9 chosen has without condition released the elector or has died or 142.10 become mentally disabled. 142.11 Sec. 100. Minnesota Statutes 2004, section 211B.01, 142.12 subdivision 3, is amended to read: 142.13 Subd. 3. [CANDIDATE.] "Candidate" means an individual who 142.14 seeks nomination or election to afederal,statewide, 142.15 legislative, judicial, or local office including special 142.16 districts, school districts, towns, home rule charter and 142.17 statutory cities, and counties, except candidates for president142.18and vice-president of the United States. 142.19 Sec. 101. Minnesota Statutes 2004, section 358.11, is 142.20 amended to read: 142.21 358.11 [OATHS, WHERE FILED.] 142.22 Except as otherwise provided by law, the oath required to 142.23 be taken and subscribed by any person shall be filed as follows: 142.24 (1) if that of an officer of the state, whether elective or 142.25 appointive, executive, legislative, or judicial, with the 142.26 secretary of state; 142.27 (2) if of a county officer, or an officer chosen within or 142.28 for any county, with the county auditor; 142.29 (3) if of a city officer, with the clerk or recorder of the 142.30 municipality; 142.31 (4) if of a town officer, with the town clerk; 142.32 (5) if of a school district officer, with the clerk of the 142.33 district; 142.34 (6) if of a person appointed by, or made responsible to, a 142.35 court in any action or proceeding therein, with the court 142.36 administrator of such court; 143.1 (7) if that of a person appointed by any state, county, or 143.2 other officer for a special service in connection with official 143.3 duties, with such officer. 143.4 If the person taking such oath be also required to give 143.5 bond, the oath shall be attached to or endorsed upon such bond 143.6 and filed therewith, in lieu of other filing. 143.7 Sec. 102. Minnesota Statutes 2004, section 414.01, is 143.8 amended by adding a subdivision to read: 143.9 Subd. 18. [ANNEXATIONS NOT PERMITTED AT CERTAIN 143.10 TIMES.] Notwithstanding the provisions of this chapter, no 143.11 annexation shall become effective between the opening of filing 143.12 for a previously scheduled municipal election of the 143.13 municipality which is annexing the unincorporated land and the 143.14 issuance of the certificates of election to the candidates 143.15 elected at that election. 143.16 Sec. 103. [414.0305] [MUNICIPAL ANNEXATION.] 143.17 Notwithstanding the provisions of this chapter, no 143.18 annexation by a municipality shall be effective during the 143.19 period from the opening of filing for any previously scheduled 143.20 municipal election until after the end of the contest period for 143.21 that election. 143.22 Sec. 104. Minnesota Statutes 2004, section 447.32, 143.23 subdivision 4, is amended to read: 143.24 Subd. 4. [CANDIDATES; BALLOTS; CERTIFYING ELECTION.] A 143.25 person who wants to be a candidate for the hospital board shall 143.26 file an affidavit of candidacy for the election either as member 143.27 at large or as a member representing the city or town where the 143.28 candidate resides. The affidavit of candidacy must be filed 143.29 with the city or town clerk not more thanten weeks70 days nor 143.30 less thaneight weeks56 days before the first Tuesday after the 143.31secondfirst Monday inSeptemberNovember of the year in which 143.32 the general election is held. The city or town clerk must 143.33 forward the affidavits of candidacy to the clerk of the hospital 143.34 district or, for the first election, the clerk of the most 143.35 populous city or town immediately after the last day of the 143.36 filing period. A candidate may withdraw from the election by 144.1 filing an affidavit of withdrawal with the clerk of the district 144.2 no later than 5:00 p.m. two days after the last day to file 144.3 affidavits of candidacy. 144.4 Voting must be by secret ballot. The clerk shall prepare, 144.5 at the expense of the district, necessary ballots for the 144.6 election of officers. Ballots must be printed on tan paper and 144.7 prepared as provided in the rules of the secretary of state. 144.8 The ballots must be marked and initialed by at least two judges 144.9 as official ballots and used exclusively at the election. Any 144.10 proposition to be voted on may be printed on the ballot provided 144.11 for the election of officers. The hospital board may also 144.12 authorize the use of voting systems subject to chapter 206. 144.13 Enough election judges may be appointed to receive the votes at 144.14 each polling place. The election judges shall act as clerks of 144.15 election, count the ballots cast, and submit them to the board 144.16 for canvass. 144.17 After canvassing the election, the board shall issue a 144.18 certificate of election to the candidate who received the 144.19 largest number of votes cast for each office. The clerk shall 144.20 deliver the certificate to the person entitled to it in person 144.21 or by certified mail. Each person certified shall file an 144.22 acceptance and oath of office in writing with the clerk within 144.23 30 days after the date of delivery or mailing of the 144.24 certificate. The board may fill any office as provided in 144.25 subdivision 1 if the person elected fails to qualify within 30 144.26 days, but qualification is effective if made before the board 144.27 acts to fill the vacancy. 144.28 Sec. 105. [APPROPRIATIONS.] 144.29 Subdivision 1. [ASSISTIVE VOTING EQUIPMENT; OPERATING 144.30 COSTS.] (a) $25,000,000 is appropriated from the Help America 144.31 Vote Act account to the secretary of state for grants to 144.32 counties to purchase electronic voting systems equipped for 144.33 individuals with disabilities that meet the requirements of 144.34 section 301(a) of the Help America Vote Act, Public Law 107-252, 144.35 and Minnesota Statutes, sections 206.80, and 206.57, subdivision 144.36 5, and have been certified by the secretary of state under 145.1 Minnesota Statutes, section 206.57. The secretary of state 145.2 shall make a grant to each county in the amount of $6,100 times 145.3 the number of precincts in the county as certified by the 145.4 county, which must not be more than the number of precincts used 145.5 by the county in the state general election of 2004; plus $6,100 145.6 to purchase an electronic voting system to be used by the county 145.7 auditor for absentee and mail balloting, until the $25,000,000 145.8 is exhausted. These funds may be used either for the purchase 145.9 of ballot marking equipment for persons with disabilities and 145.10 other voters, or assistive voting machines that combine voting 145.11 methods used for persons with disabilities with precinct-based 145.12 optical scan voting machines. Any unused funds must be set 145.13 aside in a segregated account for future purchases of voting 145.14 equipment complying with the Help America Vote Act and Minnesota 145.15 law. 145.16 (b)(1) For the purposes of this paragraph, "operating 145.17 costs" include actual county and municipal costs for hardware 145.18 maintenance, election day technical support, software licensing, 145.19 system programming, voting system testing, training of county or 145.20 municipal staff in the use of the assistive voting system, 145.21 transportation of the assistive voting systems to and from the 145.22 polling places, and storage of the assistive voting systems 145.23 between elections. 145.24 (2) $2,500,000 is appropriated to the secretary of state 145.25 for grants to counties to defray the operating costs of the 145.26 assistive voting equipment. Each county may submit a request 145.27 for no more than $600 per polling place per year until the 145.28 appropriation is exhausted. 145.29 Subd. 2. [OPTIC SCAN EQUIPMENT.] $6,000,000 is 145.30 appropriated from the Help America Vote Act account to the 145.31 secretary of state for grants to counties to purchase optical 145.32 scan voting equipment. Counties are eligible for these funds to 145.33 the extent that they decide to purchase ballot marking machines 145.34 and as a result do not have sufficient federal funds remaining 145.35 to also purchase a compatible precinct-based optical scan 145.36 machine or central count machine. These grants will be 146.1 allocated to counties at a rate of $3,000 per eligible precinct 146.2 until the appropriation is exhausted with priority in the 146.3 payment of grants to be given to counties currently using hand 146.4 and central count voting systems and counties using 146.5 precinct-count optical scan voting systems incompatible with 146.6 assistive voting systems or ballot marking machines. 146.7 Subd. 3. [SECRETARY OF STATE ELECTION 146.8 ADMINISTRATION.] $5,000,000 is appropriated from the Help 146.9 America Vote Act account to the secretary of state for further 146.10 development of the statewide voter registration system and for 146.11 training of local election officials, education of the public, 146.12 and other election administration improvements permitted by the 146.13 Help America Vote Act. 146.14 [EFFECTIVE DATE.] This section is effective the day 146.15 following final enactment. 146.16 Sec. 106. [LOCAL EQUIPMENT PLANS.] 146.17 (a) The county auditor shall convene a working group of all 146.18 city and town election officials in each county to create a 146.19 local equipment plan. The working group must continue to meet 146.20 until the plan is completed, which must be no later than 146.21 September 15, 2005; or 45 days after state certification of 146.22 assistive voting systems, whichever is later. The plan must: 146.23 (1) contain procedures to implement voting systems as 146.24 defined in Minnesota Statutes, section 206.80 in each polling 146.25 location; 146.26 (2) define who is responsible for any capital or operating 146.27 costs related to election equipment not covered by federal money 146.28 from the Help America Vote Act account; and 146.29 (3) outline how the federal money from the Help America 146.30 Vote Act account will be spent. 146.31 (b) A county plan must provide funding to purchase either 146.32 precinct-based optical scan voting equipment, or assistive 146.33 voting machines that combine voting methods used for persons 146.34 with disabilities with precinct-based optical scan voting 146.35 machines for any precinct whose city or town requests it, if the 146.36 requesting city or town agrees with the county on who will be 147.1 responsible for operating and replacement costs related to the 147.2 use of the precinct-based equipment. 147.3 (c) The plan must be submitted to the secretary of state 147.4 for review and comment. The county board of commissioners must 147.5 adopt the local equipment plan after a public hearing. Money 147.6 from the Help America Vote Act account may not be expended until 147.7 the plan is adopted. The county auditor shall file the adopted 147.8 local equipment plan with the secretary of state. 147.9 (d) To receive a grant under this section, the county must 147.10 apply to the secretary of state on forms prescribed by the 147.11 secretary of state and must set forth how the grant money will 147.12 be spent pursuant to the plan. A county may submit more than 147.13 one grant application, so long as the appropriation remains 147.14 available and the total amount granted to the county does not 147.15 exceed the county's allocation. 147.16 [EFFECTIVE DATE.] This section is effective the day 147.17 following final enactment. 147.18 Sec. 107. [REPORT.] 147.19 Each county receiving a grant under this article must 147.20 report to the secretary of state by March 15, 2006, the amount 147.21 spent for the purchase of each kind of electronic voting system 147.22 and for operating costs of the systems purchased. The secretary 147.23 of state shall compile this information and report it to the 147.24 legislature by April 15, 2006. 147.25 Sec. 108. [RANDOM AUDITS.] 147.26 Notwithstanding Minnesota Statutes, section 10A.02, 147.27 subdivision 9, the Campaign Finance and Public Disclosure Board 147.28 must perform only random inspections of material filed with the 147.29 board during the biennium ending June 30, 2007. 147.30 Sec. 109. [REPEALER.] 147.31 Minnesota Statutes 2004, sections 204B.22, subdivision 2; 147.32 and 204C.50, subdivision 7, are repealed. 147.33 Minnesota Rules, parts 4501.0300, subparts 1 and 4; 147.34 4501.0500, subpart 4; 4501.0600; 4503.0200, subpart 4; 147.35 4503.0300, subpart 2; 4503.0400, subpart 2; 4503.0500, subpart 147.36 9; and 4503.0800, subpart 1, are repealed. 148.1 ARTICLE 9 148.2 PERIODIC STATE AND LOCAL ELECTION DATES 148.3 Section 1. [204D.035] [PERIODIC ELECTION DAY.] 148.4 Subdivision 1. [SHORT TITLE.] This section may be referred 148.5 to as the "Periodic Election Day Act of 2005." 148.6 Subd. 2. [ELECTIONS COVERED.] This section applies to all 148.7 state, county, municipal, school district, and any other 148.8 political subdivision elections held in the state of Minnesota, 148.9 and elections on ballot questions, except for (1) elections held 148.10 to fill a vacancy in office and required by statute to be held 148.11 sooner than the next day designated in subdivision 3, or (2) 148.12 elections conducted by mail. 148.13 Subd. 3. [ELECTIONS ON DESIGNATED DAYS.] (a) 148.14 Notwithstanding other law to the contrary, elections subject to 148.15 subdivision 2 may be held only on the following days: 148.16 (1) the fourth Tuesday in January; 148.17 (2) the second Tuesday in March; 148.18 (3) the third Tuesday in May; 148.19 (4) the first Tuesday after the second Monday in September; 148.20 and 148.21 (5) the first Tuesday after the first Monday in November. 148.22 (b) The time period in which a special election must be 148.23 conducted under any other law or charter provision must be 148.24 extended to conform to the requirements of this subdivision. 148.25 Subd. 4. [PRIMARY DATE IF NOT SPECIFIED.] If other law 148.26 provides for a primary to take place for a particular office but 148.27 does not specify the date of the primary, the primary may be 148.28 held on one of the days specified in subdivision 3, paragraph 148.29 (a), clauses (1) to (4). The general election for the office 148.30 must be held on the date listed in subdivision 3 that 148.31 immediately follows the date chosen for the primary. 148.32 Subd. 5. [ELECTION TIMES AND POLLING PLACES.] An election 148.33 held in a jurisdiction on one of the days specified in 148.34 subdivision 3 must be held during the hours determined under 148.35 section 204C.05. The governing body of the municipality must 148.36 set the polling place locations to be used for each precinct in 149.1 all elections in any calendar year before the start of that 149.2 calendar year. 149.3 Subd. 6. [APPLICABLE LAWS.] Except as otherwise provided 149.4 by this section, Minnesota election law remains applicable to 149.5 elections held on any of the days listed in subdivision 3. 149.6 Sec. 2. [EFFECTIVE DATE.] 149.7 This article is effective January 1, 2006. 149.8 ARTICLE 10 149.9 CONFORMING AMENDMENTS 149.10 Section 1. Minnesota Statutes 2004, section 123B.63, 149.11 subdivision 3, is amended to read: 149.12 Subd. 3. [CAPITAL PROJECT LEVY REFERENDUM.] A district may 149.13 levy the local tax rate approved by a majority of the electors 149.14 voting on the question to provide funds for an approved 149.15 project. The election must take place no more than five years 149.16 before the estimated date of commencement of the project. The 149.17 referendum must be held on a dateset by the boardspecified in 149.18 section 204D.035, subdivision 3. A referendum for a project not 149.19 receiving a positive review and comment by the commissioner 149.20 under section 123B.71 must be approved by at least 60 percent of 149.21 the voters at the election. The referendum may be called by the 149.22 school board and may be held: 149.23 (1) separately, before an election for the issuance of 149.24 obligations for the project under chapter 475; or 149.25 (2) in conjunction with an election for the issuance of 149.26 obligations for the project under chapter 475; or 149.27 (3) notwithstanding section 475.59, as a conjunctive 149.28 question authorizing both the capital project levy and the 149.29 issuance of obligations for the project under chapter 475. Any 149.30 obligations authorized for a project may be issued within five 149.31 years of the date of the election. 149.32 The ballot must provide a general description of the 149.33 proposed project, state the estimated total cost of the project, 149.34 state whether the project has received a positive or negative 149.35 review and comment from the commissioner, state the maximum 149.36 amount of the capital project levy as a percentage of net tax 150.1 capacity, state the amount that will be raised by that local tax 150.2 rate in the first year it is to be levied, and state the maximum 150.3 number of years that the levy authorization will apply. 150.4 The ballot must contain a textual portion with the 150.5 information required in this section and a question stating 150.6 substantially the following: 150.7 "Shall the capital project levy proposed by the board of 150.8 .......... School District No. .......... be approved?" 150.9 If approved, the amount provided by the approved local tax 150.10 rate applied to the net tax capacity for the year preceding the 150.11 year the levy is certified may be certified for the number of 150.12 years approved. 150.13 In the event a conjunctive question proposes to authorize 150.14 both the capital project levy and the issuance of obligations 150.15 for the project, appropriate language authorizing the issuance 150.16 of obligations must also be included in the question. 150.17 The district must notify the commissioner of the results of 150.18 the referendum. 150.19 Sec. 2. Minnesota Statutes 2004, section 126C.17, 150.20 subdivision 11, is amended to read: 150.21 Subd. 11. [REFERENDUM DATE.] (a) Except for a referendum 150.22 held under paragraph (b), any referendum under this section held 150.23 on a day other than the first Tuesday after the first Monday in 150.24 November must be conducted by mail in accordance with section 150.25 204B.46. Notwithstanding subdivision 9, paragraph (b), to the 150.26 contrary, in the case of a referendum conducted by mail under 150.27 this paragraph, the notice required by subdivision 9, paragraph 150.28 (b), must be prepared and delivered by first-class mail at least 150.29 20 days before the referendum. 150.30 (b) In addition to the referenda allowed in subdivision 9, 150.31 clause (a), the commissioner may grant authority to a district 150.32 to hold a referendum on a different day if the district is in 150.33 statutory operating debt and has an approved plan or has 150.34 received an extension from the department to file a plan to 150.35 eliminate the statutory operating debt. A referendum must be 150.36 held on a date specified in section 204D.035, subdivision 3. 151.1 (c) The commissioner must approve, deny, or modify each 151.2 district's request for a referendum levy on a different day 151.3 within 60 days of receiving the request from a district. 151.4 Sec. 3. Minnesota Statutes 2004, section 204C.05, is 151.5 amended by adding a subdivision to read: 151.6 Subd. 1c. [ELECTIONS; MUNICIPALITIES AND SCHOOL 151.7 DISTRICTS.] The governing body of a municipality or school 151.8 district may, by resolution, designate the hours during which 151.9 the polling places will remain open for voting at the next 151.10 succeeding and all later municipal or school district elections 151.11 that are not held at the same time as the state primary or state 151.12 general election. All polling places must be open at least 151.13 between the hours of 10:00 a.m. and 8:00 p.m. The resolution 151.14 remains in effect until revoked by the governing board or until 151.15 a petition from voters is filed under this subdivision. If a 151.16 petition requesting longer voting hours for any election is 151.17 signed by a number of voters equal to ten percent of the votes 151.18 cast in the last municipal or school district general election, 151.19 whichever applies, and filed with the appropriate municipal or 151.20 school district clerk no later than 30 days before an election, 151.21 the polling places for that election must open at 7:00 a.m. and 151.22 close at 8:00 p.m. The municipal or school district clerk must 151.23 give ten days published and posted notice of the change in hours 151.24 and notify the appropriate county auditors of the change. 151.25 Sec. 4. Minnesota Statutes 2004, section 205.10, 151.26 subdivision 3, is amended to read: 151.27 Subd. 3. [PROHIBITION.]NoA special election authorized 151.28 under subdivision 1 may be heldwithin 40 days after the state151.29general electiononly on one of the dates specified in section 151.30 204D.035, subdivision 3. 151.31 Sec. 5. [205.176] [VOTING HOURS.] 151.32 In all municipal elections the hours for voting must be 151.33 determined as provided in section 204C.05 except for an election 151.34 at which only township offices are to be elected. 151.35 Sec. 6. Minnesota Statutes 2004, section 205A.05, 151.36 subdivision 1, is amended to read: 152.1 Subdivision 1. [QUESTIONS.] Special elections must be held 152.2 for a school district on a question on which the voters are 152.3 authorized by law to pass judgment. The school board may on its 152.4 own motion call a special election to vote on any matter 152.5 requiring approval of the voters of a district. Upon petition 152.6 of 50 or more voters of the school district or five percent of 152.7 the number of voters voting at the preceding regular school 152.8 district election, the school board shall by resolution call a 152.9 special election to vote on any matter requiring approval of the 152.10 voters of a district. A question is carried only with the 152.11 majority in its favor required by law. The election officials 152.12 for a special election are the same as for the most recent 152.13 school district general election unless changed according to 152.14 law. Otherwise, special elections must be conducted and the 152.15 returns made in the manner provided for the school district 152.16 general election.A special election may not be held during the152.1730 days before and the 30 days after the state primary, during152.18the 30 days before and the 40 days after the state general152.19election. In addition, a special election may not be held152.20during the 20 days before and the 20 days after any regularly152.21scheduled election of a municipality wholly or partially within152.22the school district.A special election under this subdivision 152.23 must be held only on one of the dates specified in section 152.24 204D.035, subdivision 3. Notwithstanding any other law to the 152.25 contrary, the time period in which a special election must be 152.26 conducted under any other law may be extended by the school 152.27 board to conform with the requirements of this subdivision. 152.28 Sec. 7. [205A.095] [HOURS FOR VOTING.] 152.29 The hours for voting in school district elections must be 152.30 determined as provided in section 204C.05. 152.31 Sec. 8. Minnesota Statutes 2004, section 373.40, 152.32 subdivision 2, is amended to read: 152.33 Subd. 2. [APPLICATION OF ELECTION REQUIREMENT.] (a) Bonds 152.34 issued by a county to finance capital improvements under an 152.35 approved capital improvement plan are not subject to the 152.36 election requirements of section 375.18 or 475.58. The bonds 153.1 must be approved by vote of at least three-fifths of the members 153.2 of the county board. In the case of a metropolitan county, the 153.3 bonds must be approved by vote of at least two-thirds of the 153.4 members of the county board. 153.5 (b) Before issuance of bonds qualifying under this section, 153.6 the county must publish a notice of its intention to issue the 153.7 bonds and the date and time of a hearing to obtain public 153.8 comment on the matter. The notice must be published in the 153.9 official newspaper of the county or in a newspaper of general 153.10 circulation in the county. The notice must be published at 153.11 least 14, but not more than 28, days before the date of the 153.12 hearing. 153.13 (c) A county may issue the bonds only upon obtaining the 153.14 approval of a majority of the voters voting on the question of 153.15 issuing the obligations, if a petition requesting a vote on the 153.16 issuance is signed by voters equal to five percent of the votes 153.17 cast in the county in the last general election and is filed 153.18 with the county auditor within 30 days after the public 153.19 hearing. The commissioner of revenue shall prepare a suggested 153.20 form of the question to be presented at the election. The 153.21 election may be held only on one of the dates specified in 153.22 section 204D.035, subdivision 3. 153.23 Sec. 9. Minnesota Statutes 2004, section 375.20, is 153.24 amended to read: 153.25 375.20 [BALLOT QUESTIONS.] 153.26 If the county board may do an act, incur a debt, 153.27 appropriate money for a purpose, or exercise any other power or 153.28 authority, only if authorized by a vote of the people, the 153.29 question may be submitted at a special or general election, by a 153.30 resolution specifying the matter or question to be voted upon. 153.31 If the question is to authorize the appropriation of money, 153.32 creation of a debt, or levy of a tax, it shall state the 153.33 amount. Notice of the election shall be given as in the case of 153.34 special elections. If the question submitted is adopted, the 153.35 board shall pass an appropriate resolution to carry it into 153.36 effect. In the election the form of the ballot shall be: "In 154.1 favor of (here state the substance of the resolution to be 154.2 submitted), Yes ...... No......," with a square opposite each 154.3 of the words "yes" and "no," in one of which the voter shall 154.4 mark an "X" to indicate a choice. The county board may call a 154.5 special county election upon a question to be heldwithin 60154.6dayson any date specified in section 204D.035, subdivision 3, 154.7 after a resolution to that effect is adopted by the county 154.8 board. Upon the adoption of the resolution the county auditor 154.9 shall post and publish notices of the election, as required by 154.10 section 204D.22, subdivisions 2 and 3. The election shall be 154.11 conducted and the returns canvassed in the manner prescribed by 154.12 sections 204D.20 to 204D.27, so far as practicable. 154.13 Sec. 10. Minnesota Statutes 2004, section 458.40, is 154.14 amended to read: 154.15 458.40 [MUST VOTE TO ISSUE BONDS IF CHARTER SAYS SO.] 154.16 If a charter adopted under the Minnesota Constitution, 154.17 article IV, section 36, article XI, section 4, or article XII, 154.18 section 5, has a provision that requires the question of the 154.19 issuance of bonds to be submitted to the electors, the provision 154.20 prevails over sections 458.36 to 458.40. The question must be 154.21 submitted to voters on one of the dates specified in section 154.22 204D.035, subdivision 3, notwithstanding any contrary provision 154.23 in the charter regarding the date of submission. 154.24 Sec. 11. Minnesota Statutes 2004, section 465.82, 154.25 subdivision 2, is amended to read: 154.26 Subd. 2. [CONTENTS OF PLAN.] The plan must state: 154.27 (1) the specific cooperative activities the units will 154.28 engage in during the first two years of the venture; 154.29 (2) the steps to be taken to effect the merger of the 154.30 governmental units, with completion no later than four years 154.31 after the process begins; 154.32 (3) the steps by which a single governing body will be 154.33 created or, when the entire territory of a unit will be 154.34 apportioned between or among two or more units contiguous to the 154.35 unit that is to be apportioned, the steps to be taken by the 154.36 governing bodies of the remaining units to provide for 155.1 representation of the residents of the apportioned unit; 155.2 (4) changes in services provided, facilities used, and 155.3 administrative operations and staffing required to effect the 155.4 preliminary cooperative activities and the final merger, and a 155.5 two-, five-, and ten-year projection of expenditures for each 155.6 unit if it combined and if it remained separate; 155.7 (5) treatment of employees of the merging governmental 155.8 units, specifically including provisions for reassigning 155.9 employees, dealing with exclusive representatives, and providing 155.10 financial incentives to encourage early retirements; 155.11 (6) financial arrangements for the merger, specifically 155.12 including responsibility for debt service on outstanding 155.13 obligations of the merging units; 155.14 (7) one- and two-year impact analyses, prepared by the 155.15 granting state agency at the request of the local government 155.16 unit, of major state aid revenues received for each unit if it 155.17 combined and if it remained separate, including an impact 155.18 analysis, prepared by the Department of Revenue, of any property 155.19 tax revenue implications associated with tax increment financing 155.20 districts and fiscal disparities under chapter 276A or 473F 155.21 resulting from the merger; 155.22 (8) procedures for a referendum to be held on a date 155.23 specified in section 204D.035, subdivision 3, before the 155.24 proposed combination to approve combining the local government 155.25 units, specifically stating whether a majority of those voting 155.26 in each district proposed for combination or a majority of those 155.27 voting on the question in the entire area proposed for 155.28 combination is needed to pass the referendum; and 155.29 (9) a time schedule for implementation. 155.30 Notwithstanding clause (3) or any other law to the 155.31 contrary, all current members of the governing bodies of the 155.32 local government units that propose to combine under sections 155.33 465.81 to 465.86 may serve on the initial governing body of the 155.34 combined unit until a gradual reduction in membership is 155.35 achieved by foregoing election of new members when terms expire 155.36 until the number permitted by other law is reached. 156.1 Sec. 12. Minnesota Statutes 2004, section 465.84, is 156.2 amended to read: 156.3 465.84 [REFERENDUM.] 156.4 During the first or second year of cooperation, a 156.5 referendum on the question of combination must be conducted. 156.6 The referendum must be on a date specified in section 204D.035, 156.7 subdivision 3, and called by the governing bodies of the units 156.8 that propose to combine. The referendum must be conducted 156.9 according to the Minnesota Election Law, as defined in section 156.10 200.01. If the referendum fails, the same question or a 156.11 modified question may be submitted the following year. If the 156.12 referendum fails again, the same question may not be submitted. 156.13 Referendums shall be conducted on the same date in all local 156.14 government units. 156.15 Sec. 13. Minnesota Statutes 2004, section 469.053, 156.16 subdivision 5, is amended to read: 156.17 Subd. 5. [REVERSE REFERENDUM.] A city may increase its 156.18 levy for port authority purposes under subdivision 4 only as 156.19 provided in this subdivision. Its city council must first pass 156.20 a resolution stating the proposed amount of levy increase. The 156.21 city must then publish the resolution together with a notice of 156.22 public hearing on the resolution for two successive weeks in its 156.23 official newspaper or, if none exists, in a newspaper of general 156.24 circulation in the city. The hearing must be held two to four 156.25 weeks after the first publication. After the hearing, the city 156.26 council may decide to take no action or may adopt a resolution 156.27 authorizing the proposed increase or a lesser increase. A 156.28 resolution authorizing an increase must be published in the 156.29 city's official newspaper or, if none exists, in a newspaper of 156.30 general circulation in the city. The resolution is not 156.31 effective if a petition requesting a referendum on the 156.32 resolution is filed with the city clerk within 30 days of 156.33 publication of the resolution. The petition must be signed by 156.34 voters equaling five percent of the votes cast in the city in 156.35 the last general election. The resolution is effective if 156.36 approved by a majority of those voting on the question. The 157.1 commissioner of revenue shall prepare a suggested form of 157.2 referendum question. The referendum must be held at a special 157.3 or general electionbefore October 1on a date specified in 157.4 section 204D.035, subdivision 3, of the year for which the levy 157.5 increase is proposed. 157.6 Sec. 14. Minnesota Statutes 2004, section 469.0724, is 157.7 amended to read: 157.8 469.0724 [GENERAL OBLIGATION BONDS.] 157.9 The port authority of Cannon Falls or Redwood Falls must 157.10 not proceed with the sale of general obligation tax supported 157.11 bonds until the city council by resolution approves the proposed 157.12 issuance. The resolution must be published in the official 157.13 newspaper. If, within 30 days after the publication, a petition 157.14 signed by voters equal in number to ten percent of the number of 157.15 voters at the last regular city election is filed with the city 157.16 clerk, the city and port authority must not issue the general 157.17 obligation tax supported bonds until the proposition has been 157.18 approved by a majority of the votes cast on the question at a 157.19 regular or special election held on one of the dates specified 157.20 in section 204D.035, subdivision 3. 157.21 Sec. 15. Minnesota Statutes 2004, section 469.190, 157.22 subdivision 5, is amended to read: 157.23 Subd. 5. [REVERSE REFERENDUM.] If the county board passes 157.24 a resolution under subdivision 4 to impose the tax, the 157.25 resolution must be published for two successive weeks in a 157.26 newspaper of general circulation within the unorganized 157.27 territory, together with a notice fixing a date for a public 157.28 hearing on the proposed tax. 157.29 The hearing must be held not less than two weeks nor more 157.30 than four weeks after the first publication of the notice. 157.31 After the public hearing, the county board may determine to take 157.32 no further action, or may adopt a resolution authorizing the tax 157.33 as originally proposed or approving a lesser rate of tax. The 157.34 resolution must be published in a newspaper of general 157.35 circulation within the unorganized territory. The voters of the 157.36 unorganized territory may request a referendum on the proposed 158.1 tax by filing a petition with the county auditor within 30 days 158.2 after the resolution is published. The petition must be signed 158.3 by voters who reside in the unorganized territory. The number 158.4 of signatures must equal at least five percent of the number of 158.5 persons voting in the unorganized territory in the last general 158.6 election. If such a petition is timely filed, the resolution is 158.7 not effective until it has been submitted to the voters residing 158.8 in the unorganized territory at a general or special election 158.9 held on one of the dates specified in section 204D.035, 158.10 subdivision 3, and a majority of votes cast on the question of 158.11 approving the resolution are in the affirmative. The 158.12 commissioner of revenue shall prepare a suggested form of 158.13 question to be presented at the referendum. 158.14 Sec. 16. Minnesota Statutes 2004, section 475.521, 158.15 subdivision 2, is amended to read: 158.16 Subd. 2. [ELECTION REQUIREMENT.] (a) Bonds issued by a 158.17 city to finance capital improvements under an approved capital 158.18 improvements plan are not subject to the election requirements 158.19 of section 475.58. The bonds are subject to the net debt limits 158.20 under section 475.53. The bonds must be approved by an 158.21 affirmative vote of three-fifths of the members of a five-member 158.22 city council. In the case of a city council having more than 158.23 five members, the bonds must be approved by a vote of at least 158.24 two-thirds of the city council. 158.25 (b) Before the issuance of bonds qualifying under this 158.26 section, the city must publish a notice of its intention to 158.27 issue the bonds and the date and time of the hearing to obtain 158.28 public comment on the matter. The notice must be published in 158.29 the official newspaper of the city or in a newspaper of general 158.30 circulation in the city. Additionally, the notice may be posted 158.31 on the official Web site, if any, of the city. The notice must 158.32 be published at least 14 but not more than 28 days before the 158.33 date of the hearing. 158.34 (c) A city may issue the bonds only after obtaining the 158.35 approval of a majority of the voters voting on the question of 158.36 issuing the obligations, if a petition requesting a vote on the 159.1 issuance is signed by voters equal to five percent of the votes 159.2 cast in the city in the last general election and is filed with 159.3 the city clerk within 30 days after the public hearing. The 159.4 commissioner of revenue shall prepare a suggested form of the 159.5 question to be presented at the election. The election must be 159.6 held on one of the dates specified in section 204D.035, 159.7 subdivision 3. 159.8 Sec. 17. Minnesota Statutes 2004, section 475.58, 159.9 subdivision 1, is amended to read: 159.10 Subdivision 1. [APPROVAL BY ELECTORS; EXCEPTIONS.] 159.11 Obligations authorized by law or charter may be issued by any 159.12 municipality upon obtaining the approval of a majority of the 159.13 electors voting at a special or general election held on one of 159.14 the dates specified in section 204D.035, subdivision 3, on the 159.15 question of issuing the obligations, but an election shall not 159.16 be required to authorize obligations issued: 159.17 (1) to pay any unpaid judgment against the municipality; 159.18 (2) for refunding obligations; 159.19 (3) for an improvement or improvement program, which 159.20 obligation is payable wholly or partly from the proceeds of 159.21 special assessments levied upon property specially benefited by 159.22 the improvement or by an improvement within the improvement 159.23 program, or of taxes levied upon the increased value of property 159.24 within a district for the development of which the improvement 159.25 is undertaken, including obligations which are the general 159.26 obligations of the municipality, if the municipality is entitled 159.27 to reimbursement in whole or in part from the proceeds of such 159.28 special assessments or taxes and not less than 20 percent of the 159.29 cost of the improvement or the improvement program is to be 159.30 assessed against benefited property or is to be paid from the 159.31 proceeds of federal grant funds or a combination thereof, or is 159.32 estimated to be received from such taxes within the district; 159.33 (4) payable wholly from the income of revenue producing 159.34 conveniences; 159.35 (5) under the provisions of a home rule charter which 159.36 permits the issuance of obligations of the municipality without 160.1 election; 160.2 (6) under the provisions of a law which permits the 160.3 issuance of obligations of a municipality without an election; 160.4 (7) to fund pension or retirement fund liabilities pursuant 160.5 to section 475.52, subdivision 6; 160.6 (8) under a capital improvement plan under section 373.40; 160.7 and 160.8 (9) under sections 469.1813 to 469.1815 (property tax 160.9 abatement authority bonds), if the proceeds of the bonds are not 160.10 used for a purpose prohibited under section 469.176, subdivision 160.11 4g, paragraph (b). 160.12 Sec. 18. Minnesota Statutes 2004, section 475.58, 160.13 subdivision 1a, is amended to read: 160.14 Subd. 1a. [RESUBMISSION LIMITATION.] If the electors do 160.15 not approve the issuing of obligations at an election required 160.16 by subdivision 1, the question of authorizing the obligations 160.17 for the same purpose and in the same amount may not be submitted 160.18 to the electorswithin a period ofuntil a special or general 160.19 election held on a date specified in section 204D.035, 160.20 subdivision 3, and not sooner than 180 days from the date the 160.21 election was held. If the question of authorizing the 160.22 obligations for the same purpose and in the same amount is not 160.23 approved a second time it may not be submitted to the electors 160.24 within a period of one year after the second election. 160.25 Sec. 19. Minnesota Statutes 2004, section 475.59, is 160.26 amended to read: 160.27 475.59 [MANNER OF SUBMISSION; NOTICE.] 160.28 When the governing body of a municipality resolves to issue 160.29 bonds for any purpose requiring the approval of the electors, it 160.30 shall provide for submission of the proposition of their 160.31 issuance at a general or special election held on a date 160.32 specified in section 204D.035, subdivision 3, or at a town or 160.33 common school district meeting. Notice of such election or 160.34 meeting shall be given in the manner required by law and shall 160.35 state the maximum amount and the purpose of the proposed issue. 160.36 In any school district, the school board or board of education 161.1 may, according to its judgment and discretion, submit as a 161.2 single ballot question or as two or more separate questions in 161.3 the notice of election and ballots the proposition of their 161.4 issuance for any one or more of the following, stated 161.5 conjunctively or in the alternative: acquisition or enlargement 161.6 of sites, acquisition, betterment, erection, furnishing, 161.7 equipping of one or more new schoolhouses, remodeling, 161.8 repairing, improving, adding to, betterment, furnishing, 161.9 equipping of one or more existing schoolhouses. In any city, 161.10 town, or county, the governing body may, according to its 161.11 judgment and discretion, submit as a single ballot question or 161.12 as two or more separate questions in the notice of election and 161.13 ballots the proposition of their issuance, stated conjunctively 161.14 or in the alternative, for the acquisition, construction, or 161.15 improvement of any facilities at one or more locations. 161.16 Sec. 20. [REPEALER.] 161.17 Minnesota Statutes 2004, sections 204C.05, subdivisions 1a 161.18 and 1b; 205.175; and 205A.09, are repealed. 161.19 Sec. 21. [EFFECTIVE DATE.] 161.20 This article is effective January 1, 2006. Section 17 is 161.21 effective for obligations authorized at an election held after 161.22 January 1, 2006.