HF 1781

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:54am

A bill for an act
relating to state government finance; modifying provisions for general legislative
and administrative expenses of state government; regulating state and local
government operations; enhancing state financial management and internal
controls; implementing procedures for dealing with false claims made involving
state funds or property; requiring Web site with searchable database on state
expenditures; establishing technology development lease-purchase financing;
creating the Minnesota Geospatial Information Office; establishing a preference
for service-disabled veteran-owned small businesses on state procurement
contract bid solicitations; establishing a statewide electronic licensing system;
creating the management analysis revolving fund; modifying provisions on
use of property in certain areas; requiring state institutions in the colleges and
university system to prepare a residential housing list for use in election day
registration; modifying provisions for small business contracts; modifying voter
registration provisions; allowing municipalities to participate in the state's
cooperative purchasing; setting standards on use of state employees' electronic
personal health records; prohibiting transfer of Environmental Quality Board
duties or staff; requiring LRT mitigation impacts in the capitol area; transferring
duties and staff from Land Management Information Center to Minnesota
Geospatial Information Office; modifying provisions for secretary of state
duties; requiring reports; establishing penalties; appropriating money; amending
Minnesota Statutes 2008, sections 3.97, by adding a subdivision; 3.971,
subdivision 6; 3.975; 4A.02; 5.12, subdivision 1; 5.29; 5.32; 5A.03; 5A.06;
10.43; 10.60, subdivision 2, by adding a subdivision; 10A.31, subdivision 4;
11A.07, subdivision 4; 13.64; 16A.055, subdivision 1, by adding a subdivision;
16A.11, by adding a subdivision; 16A.126, subdivision 1; 16A.133, subdivision
1; 16A.139; 16A.152, by adding a subdivision; 16B.24, by adding subdivisions;
16B.54, subdivision 2; 16C.16, by adding a subdivision; 16C.19; 16C.20;
43A.02, by adding a subdivision; 43A.1815; 43A.24, subdivision 1; 43A.49;
116G.15; 129D.13; 129D.14, subdivisions 4, 5, 6; 129D.155; 135A.17,
subdivision 2; 161.321; 179A.03, subdivision 14; 201.061, subdivisions 1, 3;
201.071, subdivision 1; 201.091, by adding a subdivision; 211B.37; 270C.63,
subdivision 13; 302A.821; 303.14; 303.16, subdivision 4; 308A.995; 308B.121,
subdivisions 1, 2; 317A.823; 321.0206; 321.0210; 321.0810; 322B.960;
323A.1003; 333.055; 336A.04, subdivision 3; 336A.09, subdivision 2; 359.01,
subdivision 3; 471.345, subdivision 15; 473.142; Laws 2005, chapter 156, article
2, section 45, as amended; Laws 2005, chapter 162, section 34, subdivision 2;
Laws 2007, chapter 131, article 2, section 22; Laws 2007, chapter 148, article 2,
section 79; proposing coding for new law in Minnesota Statutes, chapters 3; 4; 5;
10; 15B; 16A; 16B; 16E; 43A; 116G; 270C; proposing coding for new law as
Minnesota Statutes, chapter 15C; repealing Minnesota Statutes 2008, sections
4A.05; 16C.046; 116G.151; 240A.08; 645.44, subdivision 19.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1

STATE GOVERNMENT APPROPRIATIONS

Section 1. new text begin STATE GOVERNMENT APPROPRIATIONS. new text end

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

			new text begin APPROPRIATIONS new text end
			new text begin Available for the Year new text end
			new text begin Ending June 30 new text end
				new text begin 2010 new text end		new text begin 2011 new text end

Sec. 2. new text begin LEGISLATURE new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 67,352,000 new text end

new text begin $ new text end

new text begin 67,326,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2010 new text end	new text begin 2011 new text end
new text begin General new text end	new text begin 67,174,000 new text end	new text begin 67,148,000 new text end
new text begin Health Care Access new text end	new text begin 178,000 new text end	new text begin 178,000 new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end new text begin Senate new text end

new text begin 21,810,000 new text end

new text begin 21,810,000 new text end

new text begin Subd. 3. new text end new text begin House of Representatives new text end

new text begin 29,940,000 new text end

new text begin 29,940,000 new text end

new text begin During the biennium ending June 30, 2011,
any revenues received by the house of
representatives from sponsorship notices in
broadcast or print media are appropriated to
the house of representatives.
new text end

new text begin The house must develop a system under
which members and employees have
electronic access to their payroll and payroll
deduction information.
new text end

new text begin Subd. 4. new text end new text begin Legislative Coordinating Commission new text end

new text begin 15,602,000 new text end

new text begin 15,576,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 15,424,000 new text end	new text begin 15,398,000 new text end
new text begin Health Care Access new text end	new text begin 178,000 new text end	new text begin 178,000 new text end

new text begin (a) $5,657,000 the first year and $5,657,000
the second year are for the Office of the
Revisor of Statutes.
new text end

new text begin (b) $1,379,000 the first year and $1,379,000
the second year are for the Legislative
Reference Library.
new text end

new text begin (c) $5,833,000 the first year and $5,833,000
the second year are for the Office of the
Legislative Auditor.
new text end

new text begin (d) $10,000 the first year is for purposes
of the legislators' forum, through which
Minnesota legislators meet with counterparts
from South Dakota, North Dakota, and
Manitoba to discuss issues of mutual
concern. This appropriation is available until
June 30, 2011.
new text end

Sec. 3. new text begin GOVERNOR AND LIEUTENANT GOVERNOR new text end

new text begin $ new text end

new text begin 4,245,000 new text end

new text begin $ new text end

new text begin 4,245,000 new text end

new text begin This appropriation is to fund the Office of the
Governor and Lieutenant Governor.
new text end

new text begin $19,000 the first year and $19,000 the
second year are for necessary expenses in
the normal performance of the governor's
and lieutenant governor's duties for which no
other reimbursement is provided.
new text end

Sec. 4. new text begin STATE AUDITOR new text end

new text begin $ new text end

new text begin 9,858,000 new text end

new text begin $ new text end

new text begin 9,178,000 new text end

new text begin $680,000 the first year is for additional audit
activities under the American Recovery
and Reinvestment Act of 2009. This
appropriation remains available through June
30, 2011.
new text end

Sec. 5. new text begin ATTORNEY GENERAL new text end

new text begin $ new text end

new text begin 25,631,000 new text end

new text begin $ new text end

new text begin 25,631,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2010 new text end	new text begin 2011 new text end
new text begin General new text end	new text begin 23,409,000 new text end	new text begin 23,409,000 new text end
new text begin State Government Special Revenue new text end	new text begin 1,827,000 new text end	new text begin 1,827,000 new text end
new text begin Environmental new text end	new text begin 145,000 new text end	new text begin 145,000 new text end
new text begin Remediation new text end	new text begin 250,000 new text end	new text begin 250,000 new text end

Sec. 6. new text begin SECRETARY OF STATE new text end

new text begin $ new text end

new text begin 5,910,000 new text end

new text begin $ new text end

new text begin 5,909,000 new text end

new text begin Any funds available in the account
established in Minnesota Statutes, section
5.30, pursuant to the Help America Vote Act,
are appropriated for the purposes and uses
authorized by federal law.
new text end

Sec. 7. new text begin CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD new text end

new text begin $ new text end

new text begin 698,000 new text end

new text begin $ new text end

new text begin 698,000 new text end

Sec. 8. new text begin INVESTMENT BOARD new text end

new text begin $ new text end

new text begin 151,000 new text end

new text begin $ new text end

new text begin 151,000 new text end

Sec. 9. new text begin OFFICE OF ENTERPRISE TECHNOLOGY new text end

new text begin $ new text end

new text begin 5,758,000 new text end

new text begin $ new text end

new text begin 5,758,000 new text end

new text begin The requirements imposed on the
commissioner of finance and the chief
information officer under Laws 2007, chapter
148, article 1, section 10, paragraph (e),
regarding the determination of the savings
attributable to the electronic licensing
system and information technology security
improvements are inoperative.
new text end

Sec. 10. new text begin ADMINISTRATIVE HEARINGS new text end

new text begin $ new text end

new text begin 7,525,000 new text end

new text begin $ new text end

new text begin 7,525,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2010 new text end	new text begin 2011 new text end
new text begin General new text end	new text begin 275,000 new text end	new text begin 275,000 new text end
new text begin Workers' Compensation new text end	new text begin 7,250,000 new text end	new text begin 7,250,000 new text end

Sec. 11. new text begin ADMINISTRATION new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 19,260,000 new text end

new text begin $ new text end

new text begin 18,905,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2010 new text end	new text begin 2011 new text end
new text begin General new text end	new text begin 19,010,000 new text end	new text begin 18,905,000 new text end
new text begin Special Revenue Fund new text end	new text begin 250,000 new text end	new text begin 0 new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end new text begin Government and Citizen Services new text end

new text begin 17,384,000 new text end

new text begin 17,054,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 17,134,000 new text end	new text begin 17,054,000 new text end
new text begin Special Revenue Fund new text end	new text begin 250,000 new text end	new text begin 0 new text end

new text begin (a) $802,000 the first year and $802,000
the second year are for the Minnesota
Geospatial Information Office. Of the total
appropriation, $10,000 per year is intended
for preparation of township acreage data in
Laws 2008, chapter 366, article 17, section
7, subdivision 3.
new text end

new text begin (b) $74,000 the first year and $74,000
the second year are for the Council on
Developmental Disabilities.
new text end

new text begin (c) $134,000 the first year and $134,000 the
second year are for a grant to the Council on
Developmental Disabilities for the purpose
of establishing a statewide self-advocacy
network for persons with intellectual and
developmental disabilities (ID/DD). The
self-advocacy network shall: (1) ensure
that persons with ID/DD are informed
of their rights in employment, housing,
transportation, voting, government policy,
and other issues pertinent to the ID/DD
community; (2) provide public education
and awareness of the civil and human
rights issues persons with ID/DD face; (3)
provide funds, technical assistance, and
other resources for self-advocacy groups
across the state; and (4) organize systems of
communications to facilitate an exchange of
information between self-advocacy groups.
new text end

new text begin (d) $250,000 the first year and $170,000 the
second year are to fund activities to prepare
for and promote the 2010 census.
new text end

new text begin (e) $206,000 the first year and $206,000 the
second year are for the Office of the State
Archaeologist.
new text end

new text begin (f) The requirements imposed on
the commissioner of finance and the
commissioner of administration under
Laws 2007, chapter 148, article 1, section
12, subdivision 2, paragraph (b), relating
to the savings attributable to the real
property portfolio management system are
inoperative.
new text end

new text begin (g) $250,000 is appropriated to the
commissioner of administration from the
information and telecommunications account
in the special revenue fund to continue
planning for data center consolidation,
including completing a predesign study
and lifecycle cost analysis, and exploring
technologies to reduce energy consumption
and operating costs.
new text end

new text begin (f) $8,388,000 the first year and $8,388,000
the second year are for office space costs of
the legislature and veterans organizations,
for ceremonial space, and for statutorily free
space.
new text end

new text begin Subd. 3. new text end new text begin Administrative Management Support new text end

new text begin 1,876,000 new text end

new text begin 1,851,000 new text end

new text begin $125,000 each year is for the Office of
Grant Management. During the biennium
ending June 30, 2011, the commissioner
must recover this amount through deductions
in state grants subject to the jurisdiction
of the office. The amount deducted from
appropriations for these grants must be
deposited in the general fund.
new text end

new text begin $25,000 the first year is for the Office
of Grants Management to study and
make recommendations on improving
collaborative activities between the state,
nonprofit entities, and the private sector,
including: (1) recommendations for
expanding successful initiatives involving
not-for-profit organizations that have
demonstrated measurable, positive results
in addressing high-priority community
issues; and (2) recommendations on grant
requirements and design to encourage
programs receiving grants to become
self-sufficient. The office may appoint an
advisory group to assist in the study and
recommendations. The office must report
its recommendations to the legislature by
January 15, 2010.
new text end

Sec. 12. new text begin CAPITOL AREA ARCHITECTURAL AND PLANNING BOARD new text end

new text begin $ new text end

new text begin 354,000 new text end

new text begin $ new text end

new text begin 354,000 new text end

Sec. 13. new text begin FINANCE new text end

new text begin $ new text end

new text begin 20,530,000 new text end

new text begin $ new text end

new text begin 20,030,000 new text end

new text begin $500,000 the first year is for oversight and
reporting of federal funds received under the
American Recovery and Reinvestment Act
of 2009. This appropriation is available until
June 30, 2011.
new text end

Sec. 14. new text begin REVENUE new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 127,802,000 new text end

new text begin $ new text end

new text begin 130,275,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2010 new text end	new text begin 2011 new text end
new text begin General new text end	new text begin 123,555,000 new text end	new text begin 126,040,000 new text end
new text begin Health Care Access new text end	new text begin 1,761,000 new text end	new text begin 1,749,000 new text end
new text begin Highway User Tax Distribution new text end	new text begin 2,183,000 new text end	new text begin 2,183,000 new text end
new text begin Environmental new text end	new text begin 303,000 new text end	new text begin 303,000 new text end

new text begin The amounts that may be spent for each
purpose are specified in subdivisions 2 and 3.
new text end

new text begin Subd. 2. new text end new text begin Tax System Management new text end

new text begin 103,528,000 new text end

new text begin 105,379,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 99,281,000 new text end	new text begin 101,144,000 new text end
new text begin Health Care Access new text end	new text begin 1,761,000 new text end	new text begin 1,749,000 new text end
new text begin Highway User Tax Distribution new text end	new text begin 2,183,000 new text end	new text begin 2,183,000 new text end
new text begin Environmental new text end	new text begin 303,000 new text end	new text begin 303,000 new text end

new text begin The requirements imposed on the
commissioners of finance and revenue under
Laws 2007, chapter 148, article 1, section
16, subdivision 2, paragraph (d), relating to
the determination of savings attributable to
implementing the integrated tax software
package are inoperative.
new text end

new text begin (a) $1,925,000 the first year and $3,788,000
the second year are for additional activities
to identify and collect tax liabilities from
individuals and businesses that currently
do not pay all taxes owed. This initiative
is expected to result in new general fund
revenues of $12,825,000 for the biennium
ending June 30, 2011.
new text end

new text begin (b) The department must report to the chairs
of the house of representatives Ways and
Means and senate Finance Committees by
March 1, 2010, and January 15, 2011, on the
following performance indicators:
new text end

new text begin (1) the number of corporations noncompliant
with the corporate tax system each year and
the percentage and dollar amounts of valid
tax liabilities collected;
new text end

new text begin (2) the number of businesses noncompliant
with the sales and use tax system and the
percentage and dollar amount of the valid tax
liabilities collected; and
new text end

new text begin (3) the number of individual noncompliant
cases resolved and the percentage and dollar
amounts of valid tax liabilities collected.
new text end

new text begin Subd. 3. new text end new text begin Debt Collection Management new text end

new text begin 24,274,000 new text end

new text begin 24,896,000 new text end

new text begin $588,000 the first year and $1,120,000 the
second year are for additional activities
to identify and collect tax liabilities from
individuals and businesses that currently
do not pay all taxes owed. This initiative
is expected to result in new general fund
revenues of $17,250,000 for the biennium
ending June 30, 2011.
new text end

Sec. 15. new text begin GAMBLING CONTROL new text end

new text begin $ new text end

new text begin 2,940,000 new text end

new text begin $ new text end

new text begin 2,940,000 new text end

new text begin These appropriations are from the lawful
gambling regulation account in the special
revenue fund.
new text end

Sec. 16. new text begin RACING COMMISSION new text end

new text begin $ new text end

new text begin 899,000 new text end

new text begin $ new text end

new text begin 899,000 new text end

new text begin These appropriations are from the racing
and card playing regulation accounts in the
special revenue fund.
new text end

Sec. 17. new text begin STATE LOTTERY new text end

new text begin Notwithstanding Minnesota Statutes, section
349A.10, subdivision 3, the operating budget
must not exceed $28,111,000 in fiscal year
2010 and $28,740,000 in fiscal year 2011.
new text end

Sec. 18. new text begin TORT CLAIMS new text end

new text begin $ new text end

new text begin 161,000 new text end

new text begin $ new text end

new text begin 161,000 new text end

new text begin To be spent by the commissioner of finance
according to Minnesota Statutes, section
3.736, subdivision 7. If the appropriation for
either year is insufficient, the appropriation
for the other year is available for it.
new text end

Sec. 19. new text begin MINNESOTA STATE RETIREMENT SYSTEM new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 2,346,000 new text end

new text begin $ new text end

new text begin 2,405,000 new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end new text begin Legislators new text end

new text begin 1,889,000 new text end

new text begin 1,937,000 new text end

new text begin Under Minnesota Statutes, sections 3A.03,
subdivision 2; 3A.04, subdivisions 3 and 4;
and 3A.115.
new text end

new text begin Subd. 3. new text end new text begin Constitutional Officers new text end

new text begin 457,000 new text end

new text begin 468,000 new text end

new text begin Under Minnesota Statutes, section 352C.001.
new text end

new text begin If an appropriation in this section for either
year is insufficient, the appropriation for the
other year is available for it.
new text end

Sec. 20. new text begin MINNEAPOLIS EMPLOYEES RETIREMENT FUND new text end

new text begin $ new text end

new text begin 9,000,000 new text end

new text begin $ new text end

new text begin 9,000,000 new text end

new text begin These amounts are estimated to be needed
under Minnesota Statutes, section 422A.101,
subdivision 3.
new text end

Sec. 21. new text begin TEACHERS RETIREMENT ASSOCIATION new text end

new text begin $ new text end

new text begin 15,454,000 new text end

new text begin $ new text end

new text begin 15,454,000 new text end

new text begin The amounts estimated to be needed are as
specified in paragraphs (a) and (b):
new text end

new text begin (a) $12,954,000 the first year and
$12,954,000 the second year are for special
direct state aid authorized under Minnesota
Statutes, section 354A.12, subdivisions 3a
and 3c.
new text end

new text begin (b) $2,500,000 the first year and $2,500,000
the second year are for special direct state
matching aid authorized under Minnesota
Statutes, section 354A.12, subdivision 3b.
new text end

Sec. 22. new text begin ST. PAUL TEACHERS RETIREMENT FUND new text end

new text begin $ new text end

new text begin 2,827,000 new text end

new text begin $ new text end

new text begin 2,827,000 new text end

new text begin The amounts estimated to be needed for
special direct state aid to first class city
teachers retirement funds authorized under
Minnesota Statutes, section 354A.12,
subdivisions 3a and 3c.
new text end

Sec. 23. new text begin DULUTH TEACHERS RETIREMENT FUND new text end

new text begin $ new text end

new text begin 346,000 new text end

new text begin $ new text end

new text begin 346,000 new text end

new text begin The amounts estimated to be needed for
special direct state aid to first class city
teachers retirement funds authorized under
Minnesota Statutes, section 354A.12,
subdivisions 3a and 3c.
new text end

Sec. 24. new text begin GENERAL CONTINGENT ACCOUNTS new text end

new text begin $ new text end

new text begin 2,775,000 new text end

new text begin $ new text end

new text begin 500,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2010 new text end	new text begin 2011 new text end
new text begin General new text end	new text begin 2,275,000 new text end	new text begin 0 new text end
new text begin State Government Special Revenue new text end	new text begin 400,000 new text end	new text begin 400,000 new text end
new text begin Workers' Compensation new text end	new text begin 100,000 new text end	new text begin 100,000 new text end

new text begin (a) The appropriations in this section
may only be spent with the approval of
the governor after consultation with the
Legislative Advisory Commission pursuant
to Minnesota Statutes, section 3.30.
new text end

new text begin (b) Of the appropriation to the general fund
contingent account, $1,775,000 is a onetime
appropriation for potential state matching
requirements needed to maximize receipt of
federal funds under the American Recovery
and Reinvestment Act of 2009.
new text end

new text begin (c) If an appropriation in this section for
either year is insufficient, the appropriation
for the other year is available for it.
new text end

new text begin (d) If a contingent account appropriation
is made in one fiscal year, it should be
considered a biennial appropriation.
new text end

Sec. 25. new text begin AMATEUR SPORTS COMMISSION new text end

new text begin $ new text end

new text begin 270,000 new text end

new text begin $ new text end

new text begin 270,000 new text end

new text begin The amount available for appropriation to
the commission under Laws 2005, chapter
156, article 2, section 43, is reduced in the
first year and the second year by the amounts
appropriated in this section.
new text end

Sec. 26. new text begin COUNCIL ON BLACK MINNESOTANS new text end

new text begin $ new text end

new text begin 316,000 new text end

new text begin $ new text end

new text begin 316,000 new text end

Sec. 27. new text begin COUNCIL ON CHICANO/LATINO AFFAIRS new text end

new text begin $ new text end

new text begin 298,000 new text end

new text begin $ new text end

new text begin 298,000 new text end

Sec. 28. new text begin COUNCIL ON ASIAN-PACIFIC MINNESOTANS new text end

new text begin $ new text end

new text begin 275,000 new text end

new text begin $ new text end

new text begin 275,000 new text end

Sec. 29. new text begin INDIAN AFFAIRS COUNCIL new text end

new text begin $ new text end

new text begin 500,000 new text end

new text begin $ new text end

new text begin 500,000 new text end

new text begin $32,000 each year is for activities of the
council relating to Indian burial sites,
including activities relating to unfunded
federal mandates.
new text end

Sec. 30. new text begin PROBLEM GAMBLING APPROPRIATION.
new text end

new text begin $225,000 in fiscal year 2010 and $225,000 in fiscal year 2011 are appropriated from
the lottery prize fund to the Gambling Control Board for a grant to the state affiliate
recognized by the National Council on Problem Gambling. The affiliate must provide
services to increase public awareness of problem gambling, education and training for
individuals and organizations providing effective treatment services to problem gamblers
and their families, and research relating to problem gambling. These services must be
complimentary to and not duplicative of the services provided through the problem
gambling program administered by the commissioner of human services. Of this
appropriation, $50,000 in fiscal year 2010 and $50,000 in fiscal year 2011 are contingent
on the contribution of nonstate matching funds. Matching funds may be either cash or
qualifying in-kind contributions. The commissioner of finance may disburse the state
portion of the matching funds in increments of $25,000 upon receipt of a commitment for
an equal amount of matching nonstate funds. These are onetime appropriations.
new text end

Sec. 31. new text begin MANAGERIAL POSITION REDUCTIONS.
new text end

new text begin The governor must reduce the number of deputy commissioners, assistant
commissioners, and positions designated as unclassified under authority of Minnesota
Statutes, section 43A.08, subdivision 1a, by an amount that will generate savings to the
general fund of $16,488,000 in the biennium ending June 30, 2011, and $16,488,000 in
the biennium ending June 30, 2013. The commissioner of finance shall determine the
costs of salaries and benefits attributable to the positions eliminated by this section, and
reduce the appropriation to each affected agency accordingly.
new text end

ARTICLE 2

STATE GOVERNMENT OPERATIONS

Section 1.

new text begin [3.057] ENTERPRISE SERVICES AND GOVERNMENT
EFFICIENCY.
new text end

new text begin The finance committee divisions in the house of representatives and the senate
with jurisdiction over state government finance issues must be known as the "Enterprise
Services and Government Efficiency Finance Divisions," and must conduct periodic
Kaizen events to ensure that the divisions operate in a LEAN manner.
new text end

Sec. 2.

Minnesota Statutes 2008, section 3.97, is amended by adding a subdivision to
read:

new text begin Subd. 2a. new text end

new text begin Review of financial management and internal controls. new text end

new text begin The
commission shall monitor internal control systems in state government to the extent
necessary to ensure that management has established and implemented effective systems
and procedures. The commission shall also review legislative auditor audits and reports
and make recommendations, as the commission determines necessary, for improvements
in the state's system of financial management. In furtherance of these duties, the
commission shall:
new text end

new text begin (1) receive reports and recommendations from the legislative auditor, the financial
controls council, and from internal auditors in state agencies;
new text end

new text begin (2) review significant findings and recommendations from the legislative auditor's
financial audits of state agencies and from agency internal auditors, together with state
agency management's responses and action plans;
new text end

new text begin (3) review the scope of annual audit plans for the state's internal audit function;
new text end

new text begin (4) review the qualifications, performance, and objectivity of the state's internal audit
function, including the activities of the commissioner in section 16A.056;
new text end

new text begin (5) review with the legislative auditor any audit problems or difficulties and
management's responses, any difficulties the auditor encountered during the course of
the audit work, including any restrictions on the scope of the auditor's activities or on
access to requested information, and any significant disagreements between the auditor
and management;
new text end

new text begin (6) make recommendations to the governor and the legislature for changes in laws or
policies necessary to deal with agencies that have not satisfactorily addressed repeated
problems with financial controls;
new text end

new text begin (7) make recommendations to the governor and the legislature for changes needed in
state laws, policies, procedures, or personnel, to ensure an effective system of internal
controls that safeguards public funds and assets and minimizes incidences of fraud, waste,
and abuse;
new text end

new text begin (8) conduct hearings as necessary regarding the effectiveness of internal control or
internal audit functions of any state agency; and
new text end

new text begin (9) contract with outside auditors as the commission determines is beneficial for the
state's internal audit function and internal controls.
new text end

Sec. 3.

Minnesota Statutes 2008, section 3.971, subdivision 6, is amended to read:

Subd. 6.

Financial audits.

The legislative auditor shall audit the financial
statements of the state of Minnesota required by section 16A.50 and, as resources permit,
shall audit Minnesota State Colleges and Universities, the University of Minnesota, state
agencies, departments, boards, commissions, courts, and other state organizations subject
to audit by the legislative auditor, including the State Agricultural Society, Agricultural
Utilization Research Institute, Enterprise Minnesota, Inc., Minnesota Historical
Society, Labor Interpretive Center, Minnesota Partnership for Action Against Tobacco,
Metropolitan Sports Facilities Commission, Metropolitan Airports Commission, and
Metropolitan Mosquito Control District. Financial audits must be conducted according to
generally accepted government auditing standards. The legislative auditor shall see that
all provisions of law respecting the appropriate and economic use of public funds are
complied with and may, as part of a financial audit or separately, investigate allegations of
noncompliance deleted text begin by employees of departments and agencies of the state government and
the other organizations listed in this subdivision deleted text end .

Sec. 4.

Minnesota Statutes 2008, section 3.975, is amended to read:

3.975 DUTIES CONCERNING MISUSE OF PUBLIC MONEY OR OTHER
RESOURCES.

If a legislative auditor's examination discloses new text begin that a state official or employee has
used money for a purpose other than the purpose for which the money was appropriated
or discloses any other new text end misuse of public money or other public resources, the legislative
auditor shall file a report with the Legislative Audit Commission, the attorney general, and
the appropriate county attorney. The attorney general shall seek recovery of money and
other resources as the evidence may warrant. The county attorney shall cause criminal
proceedings to be instituted as the evidence may warrant.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5.

new text begin [4.041] GOVERNOR'S OFFICE BUDGET.
new text end

new text begin Any personnel costs attributable to the office of the governor and the lieutenant
governor must be accounted for through an appropriation to the office of the governor.
The office of the governor and the lieutenant governor may not enter into agreements with
other executive branch agencies under which these personnel costs are supported by
appropriations to other agencies.
new text end

Sec. 6.

Minnesota Statutes 2008, section 4A.02, is amended to read:

4A.02 STATE DEMOGRAPHER.

(a) The director shall appoint a state demographer. The demographer must be
professionally competent in demography and must possess demonstrated ability based
upon past performance.

(b) The demographer shall:

(1) continuously gather and develop demographic data relevant to the state;

(2) design and test methods of research and data collection;

(3) periodically prepare population projections for the state and designated regions
and periodically prepare projections for each county or other political subdivision of the
state as necessary to carry out the purposes of this section;

(4) review, comment on, and prepare analysis of population estimates and
projections made by state agencies, political subdivisions, other states, federal agencies, or
nongovernmental persons, institutions, or commissions;

(5) serve as the state liaison with the United States Bureau of the Census, coordinate
state and federal demographic activities to the fullest extent possible, and aid the
legislature in preparing a census data plan and form for each decennial census;

(6) compile an annual study of population estimates on the basis of county, regional,
or other political or geographical subdivisions as necessary to carry out the purposes of
this section and section 4A.03;

(7) by January 1 of each year, issue a report to the legislature containing an analysis
of the demographic implications of the annual population study and population projections;

(8) prepare maps for all counties in the state, all municipalities with a population
of 10,000 or more, and other municipalities as needed for census purposes, according to
scale and detail recommended by the United States Bureau of the Census, with the maps
of cities showing precinct boundaries;

(9) prepare an estimate of population and of the number of households for each
governmental subdivision for which the Metropolitan Council does not prepare an annual
estimate, and convey the estimates to the governing body of each political subdivision
by June 1 of each year;

(10) direct, under section 414.01, subdivision 14, and certify population and
household estimates of annexed or detached areas of municipalities or towns after being
notified of the order or letter of approval by the chief administrative law judge of the
State Office of Administrative Hearings;

(11) prepare, for any purpose for which a population estimate is required by law
or needed to implement a law, a population estimate of a municipality or town whose
population is affected by action under section 379.02 or 414.01, subdivision 14; and

(12) prepare an estimate of average household size for each statutory or home rule
charter city with a population of 2,500 or more by June 1 of each year.

(c) A governing body may challenge an estimate made under paragraph (b) by filing
their specific objections in writing with the state demographer by June 24. If the challenge
does not result in an acceptable estimate, the governing body may have a special census
conducted by the United States Bureau of the Census. The political subdivision must
notify the state demographer by July 1 of its intent to have the special census conducted.
The political subdivision must bear all costs of the special census. Results of the special
census must be received by the state demographer by the next April 15 to be used in that
year's June 1 estimate to the political subdivision under paragraph (b).

(d) The state demographer shall certify the estimates of population and household
size to the commissioner of revenue by July 15 each year, including any estimates still
under objection.

new text begin (e) The state demographer shall release a demographic forecast in conjunction with
the commissioner of finance and the November state economic forecast.
new text end

Sec. 7.

Minnesota Statutes 2008, section 5A.03, is amended to read:

5A.03 ORGANIZATION APPLICATION FOR REGISTRATION.

(a) An application for registration as an international student exchange visitor
placement organization must be submitted in the form prescribed by the secretary of
state. The application must include:

(1) evidence that the organization meets the standards established by the secretary of
state by rule;

(2) the name, address, and telephone number of the organization, its chief executive
officer, and the person within the organization who has primary responsibility for
supervising placements within the state;

(3) the organization's unified business identification number, if any;

(4) the organization's United States Information Agency number, if any;

(5) evidence of Council on Standards for International Educational Travel listing, if
any;

(6) whether the organization is exempt from federal income tax; and

(7) a list of the organization's placements in Minnesota for the previous academic
year including the number of students placed, their home countries, the school districts in
which they were placed, and the length of their placements.

(b) The application must be signed by the chief executive officer of the organization
and the person within the organization who has primary responsibility for supervising
placements within Minnesota. If the secretary of state determines that the application is
complete, the secretary of state shall file the application and the applicant is registered.

(c) Organizations that have registered shall inform the secretary of state of any
changes in the information required under paragraph (a), clause (1), within 30 days of the
change. There is no fee to amend a registration.

(d) Registration under this chapter is valid for one year. The registration may be
renewed annually. The fee to renew a registration is $50 per year.

(e) Organizations registering for the first time in Minnesota must pay an initial
registration fee of $150.

(f) Fees collected by the secretary of state under this section must be deposited in
deleted text begin the state treasury and credited to deleted text end the general fund deleted text begin and are added to the appropriation from
which registration costs are paid deleted text end new text begin as a nondedicated receipt new text end .

Sec. 8.

Minnesota Statutes 2008, section 10.43, is amended to read:

10.43 TELEPHONE USE; APPROVAL.

new text begin (a) new text end Each representative, senator, constitutional officer, judge, and head of a state
department or agency shall sign the person's monthly long-distance telephone bills paid
by the state as evidence of the person's approval of each bill. new text begin This signature requirement
does not apply to a month in which the person's long-distance phone bill paid by the
state is less than $5.
new text end

new text begin (b) Even if the monthly long-distance phone bill paid by the state for a person
subject to this section is less than $5, the person is responsible for paying that portion of
the bill that does not relate to state business. As provided in section 10.46, long-distance
telephone bills paid by the state are public data, regardless of the amount of the bills.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for telephone bills for usage on or
after July 1, 2009.
new text end

Sec. 9.

new text begin [10.49] NAMING.
new text end

new text begin Laws must not be named for living people, and laws may not name councils,
buildings, roads, or other facilities or entities after living people.
new text end

Sec. 10.

Minnesota Statutes 2008, section 10.60, subdivision 2, is amended to read:

Subd. 2.

Purpose of Web site and publications.

The purpose of a Web site and
deleted text begin a publication deleted text end new text begin publications new text end must be to provide information about the duties and jurisdiction
of a state agency or political subdivision deleted text begin or deleted text end new text begin and new text end to facilitate access to public services and
information related to the responsibilities or functions of the state agency or political
subdivision.

Sec. 11.

Minnesota Statutes 2008, section 10.60, is amended by adding a subdivision to
read:

new text begin Subd. 2a. new text end

new text begin Contact information. new text end

new text begin The home page of a Web site maintained by
a state agency must prominently display an e-mail address at which the agency may be
contacted and a telephone number that will be answered by a human being to the greatest
extent possible, located in Minnesota, during normal business hours. A state agency must
comply with the requirements of this subdivision with existing resources.
new text end

Sec. 12.

Minnesota Statutes 2008, section 10A.31, subdivision 4, is amended to read:

Subd. 4.

Appropriation.

(a) The amounts designated by individuals for the state
elections campaign fund, less three percent, are appropriated from the general fund, must
be transferred and credited to the appropriate account in the state elections campaign fund,
and are annually appropriated for distribution as set forth in subdivisions 5, 5a, 6, and 7.
The remaining three percent must be kept in the general fund for administrative costs.

(b) In addition to the amounts in paragraph (a), deleted text begin $1,250,000 deleted text end new text begin $1,020,000 new text end for each
general election is appropriated from the general fund for transfer to the general account
of the state elections campaign fund.

new text begin In addition, $50,000 each fiscal year is appropriated from the general fund to the
Campaign Finance and Public Disclosure Board to supplement its operating budget.
Amounts remaining unspent at the end of the biennium must be transferred and canceled
to the general account of the state elections campaign fund.
new text end

deleted text begin Of this appropriation, $65,000 each fiscal year must be set aside to pay assessments
made by deleted text end new text begin In addition, $130,000 for each two-year period beginning on July 1 of each
odd-numbered year is appropriated from the general fund to new text end the Office of Administrative
Hearings new text begin to perform its duties new text end under section 211B.37. Amounts remaining after all
assessments have been paid must be canceled to the general account new text begin of the state elections
campaign fund new text end .

Sec. 13.

Minnesota Statutes 2008, section 11A.07, subdivision 4, is amended to read:

Subd. 4.

Duties and powers.

The director, at the direction of the state board, shall:

(1) plan, direct, coordinate, and execute administrative and investment functions
in conformity with the policies and directives of the state board and the requirements of
this chapter and of chapter 356A;

(2) prepare and submit biennial and annual budgets to the board and with the
approval of the board submit the budgets to the Department of Finance;

(3) employ professional and clerical staff as necessary. Employees whose primary
responsibility is to invest or manage money or employees who hold positions designated
as unclassified under section 43A.08, subdivision 1a, are in the unclassified service of the
state. Other employees are in the classified service. Unclassified employees who are
not covered by a collective bargaining agreement are employed under the terms and
conditions of the compensation plan approved under section 43A.18, subdivision 3b;

(4) report to the state board on all operations under the director's control and
supervision;

(5) maintain accurate and complete records of securities transactions and official
activities;

(6) establish a policy relating to the purchase and sale of securities on the basis of
competitive offerings or bids. The policy is subject to board approval;

(7) cause securities acquired to be kept in the custody of the commissioner of finance
or other depositories consistent with chapter 356A, as the state board deems appropriate;

(8) prepare and file with the director of the Legislative Reference Library, by
December 31 of each year, a report summarizing the activities of the state board, the
council, and the director during the preceding fiscal year. The report must be prepared
so as to provide the legislature and the people of the state with a clear, comprehensive
summary of the portfolio composition, the transactions, the total annual rate of return,
and the yield to the state treasury and to each of the funds whose assets are invested by
the state board, and the recipients of business placed or commissions allocated among
the various commercial banks, investment bankers, new text begin money managers, new text end and brokerage
organizations new text begin and the amount of these commissions or other fees new text end . The report must contain
financial statements for funds managed by the board prepared in accordance with generally
accepted accounting principles new text begin . The report must include an executive summary new text end ;

new text begin (9) include on the state board's Web site its annual and quarterly reports, including
executive summaries;
new text end

deleted text begin (9) deleted text end new text begin (10) new text end require state officials from any department or agency to produce and provide
access to any financial documents the state board deems necessary in the conduct of
its investment activities;

deleted text begin (10) deleted text end new text begin (11) new text end receive and expend legislative appropriations; and

deleted text begin (11) deleted text end new text begin (12) new text end undertake any other activities necessary to implement the duties and
powers set forth in this subdivision consistent with chapter 356A.

Sec. 14.

Minnesota Statutes 2008, section 13.64, is amended to read:

13.64 DEPARTMENT OF deleted text begin ADMINISTRATION deleted text end new text begin FINANCE new text end DATA.

(a) Notes and preliminary drafts of reports created, collected, or maintained by the
Management Analysis Division, Department of deleted text begin Administration deleted text end new text begin finance new text end , and prepared
during management studies, audits, reviews, consultations, or investigations are classified
as confidential or protected nonpublic data until the final report has been published or
preparation of the report is no longer being actively pursued.

(b) Data that support the conclusions of the report and that the commissioner of
deleted text begin administration deleted text end new text begin finance new text end reasonably believes will result in litigation are confidential or
protected nonpublic until the litigation has been completed or until the litigation is no
longer being actively pursued.

(c) Data on individuals that could reasonably be used to determine the identity of an
individual supplying data for a report are private if:

(1) the data supplied by the individual were needed for a report; and

(2) the data would not have been provided to the Management Analysis Division
without an assurance to the individual that the individual's identity would remain private,
or the Management Analysis Division reasonably believes that the individual would not
have provided the data.

Sec. 15.

new text begin [15B.055] PARKING SPACES.
new text end

new text begin To provide the public with greater access to legislative proceedings, all parking
spaces on Aurora Avenue in front of the Capitol building must be reserved for the public.
new text end

Sec. 16.

new text begin [15C.01] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin For purposes of this chapter, the terms in this section have
the meanings given them.
new text end

new text begin Subd. 2. new text end

new text begin Claim. new text end

new text begin "Claim" includes any request or demand, whether under a contract
or otherwise, for money or property which is made to a contractor, grantee, or other
recipient if the state has provided or will provide any portion of the money or property
which is requested or demanded, or if the state has reimbursed or will reimburse the
contractor, grantee, or other recipient for any portion of the money or property which is
requested or demanded.
new text end

new text begin Subd. 3. new text end

new text begin Knowing and knowingly. new text end

new text begin "Knowing" and "knowingly" mean that a
person, with respect to information:
new text end

new text begin (1) has actual knowledge of the information;
new text end

new text begin (2) acts in deliberate ignorance of the truth or falsity of the information; or
new text end

new text begin (3) acts in reckless disregard of the truth or falsity of the information.
new text end

new text begin No proof of specific intent to defraud is required.
new text end

new text begin Subd. 4. new text end

new text begin Original source. new text end

new text begin "Original source" means a person who has direct and
independent knowledge of information which is probative of any essential element of the
allegations in an action brought pursuant to this section which was not obtained from a
public source and who either voluntarily provided the information to the state before
bringing an action based on the information or whose information provided the basis for
or caused an investigation, hearing, audit, or report that led to the public disclosure of the
allegations or transactions upon which an action brought pursuant to this section is based.
new text end

new text begin Subd. 5. new text end

new text begin Person. new text end

new text begin "Person" means any natural person, partnership, corporation,
association or other legal entity, including the state and any department, agency, or
political subdivision of the state.
new text end

new text begin Subd. 6. new text end

new text begin State. new text end

new text begin "State" means the state of Minnesota and includes any department,
agency, or political subdivision of the state.
new text end

Sec. 17.

new text begin [15C.02] LIABILITY FOR CERTAIN ACTS.
new text end

new text begin Subdivision 1. new text end

new text begin Liability. new text end

new text begin (a) Any person who commits any of the acts in clauses (1)
to (8) is liable to the state for a civil penalty of not less than $5,000 and not more than
$10,000 per false claim, plus three times the amount of damages which the state sustains
because of the act of that person, except as otherwise provided in paragraph (b):
new text end

new text begin (1) knowingly presents, or causes to be presented, to an officer or employee of the
state of Minnesota a false or fraudulent claim for payment or approval;
new text end

new text begin (2) knowingly makes or uses, or causes to be made or used, a false record or
statement to get a false or fraudulent claim paid or approved by the state;
new text end

new text begin (3) knowingly conspires to either present a false or fraudulent claim to the state for
payment or approval or make, use, or cause to be made or used a false record or statement
to obtain payment or approval of a false or fraudulent claim;
new text end

new text begin (4) has possession, custody, or control of public property or money used, or to be
used, by the state and knowingly delivers or causes to be delivered to the state less money
or property than the amount for which the person receives a receipt;
new text end

new text begin (5) is authorized to prepare or deliver a receipt for money or property used, or to
be used, by the state and knowingly prepares or delivers a receipt that falsely represents
the money or property;
new text end

new text begin (6) knowingly buys, or receives as a pledge of an obligation or debt, public property
from an officer or employee of the state who lawfully may not sell or pledge the property;
or
new text end

new text begin (7) knowingly makes or uses, or causes to be made or used, a false record or
statement to conceal, avoid, or decrease an obligation to pay or transmit money or
property to the state.
new text end

new text begin (b) The court may assess not less than two times the amount of damages which the
state sustains because of the act of the person if:
new text end

new text begin (1) the person committing a violation under paragraph (a) furnished officials of the
state responsible for investigating the false claims violations with all information known
to the person about the violation within 30 days after the date on which the defendant first
obtained the information;
new text end

new text begin (2) the person fully cooperated with any state investigation of the violation; and
new text end

new text begin (3) at the time the person furnished the state with information about the violation,
no criminal prosecution, civil action, or administrative action had commenced under this
section with respect to the violation, and the person did not have actual knowledge of the
existence of an investigation into the violation.
new text end

new text begin (c) A person violating this section is also liable to the state for the costs of a civil
action brought to recover any penalty or damages.
new text end

new text begin Subd. 2. new text end

new text begin Right to cure. new text end

new text begin A person is not liable under this section for mere
inadvertence or mistake with respect to activities involving a false or fraudulent claim.
new text end

Sec. 18.

new text begin [15C.03] EXCLUSION.
new text end

new text begin This chapter does not apply to claims, records, or statements made under portions
of Minnesota Statutes relating to taxation.
new text end

Sec. 19.

new text begin [15C.04] RESPONSIBILITIES OF ATTORNEY GENERAL.
new text end

new text begin The attorney general may investigate violations of section 15C.02. If the attorney
general finds that a person has violated or is violating section 15C.02, the attorney general
may bring a civil action under this section against the person to enjoin any act in violation
of section 15C.02 and to recover damages and penalties.
new text end

Sec. 20.

new text begin [15C.05] PRIVATE REMEDIES; COMPLAINT UNDER SEAL; COPY
OF COMPLAINT AND WRITTEN DISCLOSURE OF EVIDENCE TO BE SENT
TO ATTORNEY GENERAL.
new text end

new text begin (a) Except as otherwise provided in this section, a person may maintain an action
pursuant to this section on the person's own account and that of the state if money,
property, or services provided by the state are involved; the person's own account and
that of a political subdivision if money, property, or services provided by the political
subdivision are involved; or on the person's own account and that of both the state and a
political subdivision if both are involved. After such an action is commenced, it may be
voluntarily dismissed only if the court and the attorney general give written consent to the
dismissal and their reasons for consenting.
new text end

new text begin (b) If an action is brought pursuant to this section, no other person may bring
another action pursuant to this section based on the same facts which are the subject of
the pending action.
new text end

new text begin (c) An action may not be maintained by a person pursuant to this section:
new text end

new text begin (1) against the legislature, the judiciary, an executive department of the state, or a
political subdivision, and their members or employees;
new text end

new text begin (2) if the action is based upon allegations or transactions that are the subject of a
civil action or an administrative proceeding for a monetary penalty to which the state or a
political subdivision of the state is already a party; or
new text end

new text begin (3) unless the action is brought by an original source of the information or the
attorney general initiates or intervenes in the action, if the action is based upon the public
disclosure of allegations or transactions: (i) in a criminal, civil, or administrative hearing;
(ii) in an investigation, report, hearing, or audit conducted by or at the request of the house
of representatives or the senate; (iii) by an auditor or the governing body of a political
subdivision; or (iv) from the news media.
new text end

new text begin (d) A complaint in an action pursuant to this section must be commenced by filing
the complaint with the court in camera, and the court must place it under seal for at least
60 days. No service may be made upon the defendant until the complaint is unsealed.
new text end

new text begin (e) If a complaint is filed under this section, the plaintiff shall serve a copy of the
complaint on the attorney general in accordance with the Minnesota Rules of Civil
Procedure and shall also serve at the same time a written disclosure of substantially all
material evidence and information the plaintiff possesses.
new text end

Sec. 21.

new text begin [15C.06] ATTORNEY GENERAL INTERVENTION; MOTION TO
EXTEND TIME; UNSEALING OF COMPLAINT.
new text end

new text begin (a) Within 60 days after receiving a complaint and disclosure pursuant to section
15C.05, the attorney general shall intervene or decline intervention or, for good cause
shown, move the court to extend the time for doing so. The motion may be supported by
affidavits or other submissions in chambers.
new text end

new text begin (b) The complaint must be unsealed after the attorney general decides whether
or not to intervene.
new text end

new text begin (c) Notwithstanding the attorney general's decision regarding intervention in an
action brought by a plaintiff under section 15C.05, the attorney general may pursue the
claim through any alternate remedy available to the state, including any administrative
proceeding to determine a civil money penalty. If the attorney general pursues any such
alternate remedy in another proceeding, the person initiating the action has the same rights
in that proceeding as if the action had continued under section 15C.05. Any finding of fact
or conclusion of law made in the other proceeding that has become final is conclusive on
all parties to an action under section 15C.05. For purposes of this paragraph, a finding
or conclusion is final if it has been finally determined on appeal to the appropriate state
court, if the time for filing an appeal has expired, or if the finding or conclusion is not
subject to judicial review.
new text end

Sec. 22.

new text begin [15C.07] SERVICE OF UNSEALED COMPLAINT AND RESPONSE
BY DEFENDANT.
new text end

new text begin When unsealed, the complaint shall be served on the defendant pursuant to Rule 3 of
the Minnesota Rules of Civil Procedure.
new text end

new text begin The defendant must respond to the complaint within 20 days after it is served on
the defendant.
new text end

Sec. 23.

new text begin [15C.08] ATTORNEY GENERAL AND PRIVATE PARTY ROLES.
new text end

new text begin (a) Except as otherwise provided by this section, if the attorney general does not
intervene at the outset in an action brought by a person pursuant to section 15C.05, the
person has the same rights in conducting the action as the attorney general would have
had. A copy of each pleading or other paper filed in the action, and a copy of the transcript
of each deposition taken, must be mailed to the attorney general if the attorney general
so requests and pays the cost of doing so.
new text end

new text begin (b) If the attorney general elects not to intervene at the outset in the action, the
attorney general may intervene subsequently, upon timely application and good cause
shown. If the attorney general so intervenes, the attorney general subsequently has
primary responsibility for conducting the action.
new text end

new text begin (c) If the attorney general elects at the outset of the action to intervene, the attorney
general has the primary responsibility for prosecuting the action. The person who initially
brought the action remains a party, but the person's acts do not bind the attorney general.
new text end

new text begin (d) Whether or not the attorney general intervenes in the action, the attorney general
may move to dismiss the action for good cause. The person who brought the action must
be notified of the filing of the motion and may oppose it and present evidence at the
hearing. The attorney general may also settle the action. If the attorney general intends to
settle the action, the attorney general shall notify the person who brought the action. The
state may settle the action with the defendant notwithstanding the objections of the person
initiating the action if the court determines, after a hearing, that the proposed settlement
is fair, adequate, and reasonable under all the circumstances. Upon a showing of good
cause, such a hearing may be held in camera.
new text end

Sec. 24.

new text begin [15C.09] STAY OF DISCOVERY; EXTENSION.
new text end

new text begin (a) The court may stay discovery by a person who brought an action under section
15C.05 for not more than 60 days if the attorney general shows that the proposed discovery
would interfere with the investigation or prosecution of a civil or criminal matter arising
out of the same facts, whether or not the attorney general participates in the action.
new text end

new text begin (b) The court may extend the stay upon a further showing that the attorney general
has pursued the civil or criminal investigation or proceeding with reasonable diligence and
that the proposed discovery would interfere with its continuation.
new text end

new text begin (c) Discovery may not be stayed for a total of more than six months over the
objection of the person who brought the action, except for good cause shown by the
attorney general.
new text end

new text begin (d) A showing made pursuant to this section must be made in chambers.
new text end

Sec. 25.

new text begin [15C.10] COURT-IMPOSED LIMITATION UPON PARTICIPATION
OF PRIVATE PLAINTIFF IN ACTION.
new text end

new text begin Upon a showing by the attorney general in an action in which the attorney general
has intervened that unrestricted participation by a person under this chapter would
interfere with or unduly delay the conduct of the action, or would be repetitious, irrelevant,
or solely for harassment, the court may limit the person's participation by, among other
measures, limiting the number of witnesses, the length of the testimony of the witnesses,
or the cross-examination of witnesses by the person.
new text end

Sec. 26.

new text begin [15C.11] LIMITATION OF ACTIONS; REMEDIES.
new text end

new text begin (a) An action pursuant to this chapter may not be commenced more than three years
after the date of discovery of the fraudulent activity by the attorney general or more than
six years after the fraudulent activity occurred, whichever occurs last, but in no event more
than ten years after the date on which the violation is committed.
new text end

new text begin (b) A finding of guilt in a criminal proceeding charging false statement or fraud,
whether upon a verdict of guilty or a plea of guilty or nolo contendere, stops the person
found guilty from denying an essential element of that offense in an action pursuant to this
chapter based upon the same transaction as the criminal proceeding.
new text end

new text begin (c) In any action under this chapter, the state and any qui tam plaintiff must prove
all essential elements of the cause of action, including damages, by a preponderance of
the evidence.
new text end

Sec. 27.

new text begin [15C.12] AWARD OF EXPENSES AND ATTORNEY FEES.
new text end

new text begin If the attorney general or a person who brought an action under section 15C.05
prevails in or settles an action pursuant to this chapter, the court may authorize the person
to recover reasonable costs, reasonable attorney fees, and the reasonable fees of expert
consultants and expert witnesses. Those expenses must be awarded against the defendant,
and may not be allowed against the state or a political subdivision. If the attorney general
does not intervene in the action and the person bringing the action conducts the action, and
if the defendant prevails in the action, the court shall award to the defendant reasonable
expenses and attorney fees against the party or parties who participated in the action if
it finds that the action was clearly frivolous or vexatious or brought in substantial part
for harassment.
new text end

Sec. 28.

new text begin [15C.13] DISTRIBUTION TO PRIVATE PLAINTIFF IN CERTAIN
ACTIONS.
new text end

new text begin If the attorney general intervenes at the outset in an action brought by a person
under section 15C.05, the person shall receive not less than 15 percent or more than 25
percent of any recovery in proportion to the person's contribution to the conduct of the
action. If the attorney general does not intervene in the action at the outset, the person is
entitled to receive not less than 25 percent or more than 30 percent of any recovery of
the civil penalty and damages, or settlement, as the court determines to be reasonable.
For recoveries whose distribution is governed by federal code or rule, the basis for
calculating the portion of the recovery the person is entitled to receive shall not include
such amounts reserved for distribution to the federal government or designated in their
use by such federal code or rule.
new text end

Sec. 29.

new text begin [15C.14] EMPLOYER RESTRICTIONS; LIABILITY.
new text end

new text begin (a) An employer shall not adopt or enforce any rule or policy forbidding an employee
to disclose information to the state, a political subdivision, or a law enforcement agency,
or to act in furtherance of an action pursuant to this chapter, including investigation for
bringing or testifying in such an action.
new text end

new text begin (b) An employer shall not discharge, demote, suspend, threaten, harass, deny
promotion to, or otherwise discriminate against an employee in the terms or conditions
of employment because of lawful acts done by the employee on the employee's behalf
or on behalf of others in disclosing information to the state, a political subdivision, or a
law enforcement agency in furtherance of an action pursuant to this chapter, including
investigation for bringing or testifying in such an action.
new text end

new text begin (c) An employer who violates this section is liable to the affected employee in a civil
action for damages and other relief, including reinstatement, twice the amount of lost
compensation, interest on the lost compensation, any special damage sustained as a result
of the discrimination, and punitive damages if appropriate. The employer is also liable for
expenses recoverable pursuant to section 15C.12, including costs and attorney fees.
new text end

Sec. 30.

new text begin [16A.0115] NAME.
new text end

new text begin The commissioner of finance and the Department of Finance may not be identified
by a title or name other than the title and name assigned by law. The Commissioner
must ensure that the department's documents, publications, and Web site comply with
this section.
new text end

Sec. 31.

Minnesota Statutes 2008, section 16A.055, subdivision 1, is amended to read:

Subdivision 1.

List.

(a) The commissioner shall:

(1) receive and record all money paid into the state treasury and safely keep it until
lawfully paid out;

(2) manage the state's financial affairs;

(3) keep the state's general account books according to generally accepted
government accounting principles;

(4) keep expenditure and revenue accounts according to generally accepted
government accounting principles;

(5) develop, provide instructions for, prescribe, and manage a state uniform
accounting system; new text begin and
new text end

(6) provide to the state the expertise to ensure that all state funds are accounted for
under generally accepted government accounting principles deleted text begin ; and deleted text end new text begin .
new text end

deleted text begin (7) coordinate the development of, and maintain standards for, internal auditing in
state agencies and, in cooperation with the commissioner of administration, report to the
legislature and the governor by January 31 of odd-numbered years, on progress made.
deleted text end

(b) In addition to the duties in paragraph (a), the commissioner has the powers and
duties given to the commissioner in chapter 43A.

Sec. 32.

Minnesota Statutes 2008, section 16A.055, is amended by adding a
subdivision to read:

new text begin Subd. 1a. new text end

new text begin Additional duties. new text end

new text begin The commissioner may assist state agencies by
providing analytical, statistical, and organizational development services to state agencies
in order to assist the agency to achieve the agency's mission and to operate efficiently
and effectively.
new text end

Sec. 33.

new text begin [16A.056] WEB SITE WITH SEARCHABLE DATABASE ON STATE
EXPENDITURES.
new text end

new text begin Subdivision 1. new text end

new text begin Web database requirement. new text end

new text begin The commissioner, in consultation
with the commissioners of administration and revenue, must maintain a Web site with
a searchable database providing the public with information on state contracts, state
appropriations, state expenditures, and state tax expenditures. For each data field identified
in subdivisions 2 to 5, the searchable database must allow a user of the Web site to:
new text end

new text begin (1) perform a search using that field;
new text end

new text begin (2) sort by that field;
new text end

new text begin (3) obtain information grouped or aggregated by that field, where groups or subtotals
are feasible; and
new text end

new text begin (4) view information in that field by each fiscal year or an aggregation of fiscal years.
new text end

new text begin Subd. 2. new text end

new text begin Contracts. new text end

new text begin (a) The searchable database on the Web site must include
at least the following data fields:
new text end

new text begin (1) the name of the entity receiving the contract;
new text end

new text begin (2) the name of the agency entering into the contract;
new text end

new text begin (3) an indication if the contract is for (i) goods; (ii) professional or technical services;
(iii) services other than professional and technical services; or (iv) a grant; and
new text end

new text begin (4) the fund or funds from which the entity receiving the contract will be paid.
new text end

new text begin (b) For each contract, the database must also include:
new text end

new text begin (1) an address for each entity receiving a contract; and
new text end

new text begin (2) a brief statement of the purpose of the contract or grant.
new text end

new text begin (c) Information on a new contract or grant must be entered into the database within
30 days of the time the contract or grant is entered into.
new text end

new text begin (d) For purposes of this section, a "grant" is a contract between a state agency and
a recipient, the primary purpose of which is to transfer cash or a thing of value to the
recipient to support a public purpose. Grant does not include payments to units of local
governments, payments to state employees, or payments made under laws providing for
assistance to individuals.
new text end

new text begin Subd. 3. new text end

new text begin Appropriations. new text end

new text begin The searchable database on the Web site must include
at least the following data fields on state appropriations:
new text end

new text begin (1) the agency receiving the appropriation, or the name of the nonstate entity
receiving the appropriation;
new text end

new text begin (2) the agency program, to the extent applicable;
new text end

new text begin (3) the agency activity, to the extent applicable;
new text end

new text begin (4) an item within an activity if applicable;
new text end

new text begin (5) the fund from which the appropriation is made; and
new text end

new text begin (6) the object of expenditure.
new text end

new text begin Subd. 4. new text end

new text begin State expenditures. new text end

new text begin The searchable database on the Web site must include
at least the following data fields on state expenditures:
new text end

new text begin (1) the agency making the expenditure, or the name of the nonstate entity making
the appropriation;
new text end

new text begin (2) the agency program, to the extent applicable;
new text end

new text begin (3) the agency activity, to the extent applicable;
new text end

new text begin (4) an item within an activity if applicable;
new text end

new text begin (5) the fund from which the expenditure is made; and
new text end

new text begin (6) the object of expenditure.
new text end

new text begin Subd. 5. new text end

new text begin Tax expenditures. new text end

new text begin The Web site must include a searchable database of
state tax expenditures. For each fiscal year, the database must include data fields showing
the estimated impact on state revenues of each tax expenditure item listed in the report
prepared under section 270C.11.
new text end

new text begin Subd. 6. new text end

new text begin Retention of data. new text end

new text begin The database required under this section must include
information beginning with fiscal year 2010 funds and must retain data for at least ten
years.
new text end

new text begin Subd. 7. new text end

new text begin Consultation. new text end

new text begin The commissioner of finance must consult with the
chairs of the house of representatives Ways and Means and senate Finance Committees
before encumbering any funds appropriated on or after July 1, 2009, for the planning,
development, and implementation of state accounting or procurement systems. No funds
appropriated for these purposes may be spent unless the commissioner certifies that the
systems will allow compliance with requirements of this section.
new text end

Sec. 34.

new text begin [16A.057] INTERNAL CONTROLS AND INTERNAL AUDITING.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment of system. new text end

new text begin The commissioner is responsible for
the system of internal controls across the executive branch. The commissioner must
coordinate the design, implementation, and maintenance of an effective system of internal
controls and internal auditing for all executive agencies. The system must:
new text end

new text begin (1) safeguard public funds and assets and minimize incidences of fraud, waste,
and abuse;
new text end

new text begin (2) ensure that programs are administered in compliance with federal and state
laws and rules;
new text end

new text begin (3) require documentation of internal control procedures over financial management
activities, provide for analysis of risks, and provide for periodic evaluation of control
procedures to satisfy the commissioner that these procedures are adequately designed,
properly implemented, and functioning effectively; and
new text end

new text begin (4) provide for periodic internal audit of major systems and controls, including
accounting systems and controls; administrative systems and controls; and, in conjunction
with the Office of Enterprise Technology, information and telecommunications technology
systems and controls.
new text end

new text begin Subd. 2. new text end

new text begin Standards. new text end

new text begin The commissioner must adopt internal control standards
and policies that agencies must follow to meet the requirements of subdivision 1. These
standards and policies may include separation of duties, safeguarding receipts, time entry,
approval of travel, and other topics the commissioner determines are necessary to comply
with subdivision 1.
new text end

new text begin Subd. 3. new text end

new text begin Training and assistance. new text end

new text begin The commissioner shall coordinate training
for accounting personnel and financial managers in state agencies on internal controls
as necessary to ensure financial integrity in the state's financial transactions. The
commissioner shall provide internal control support to agencies that the commissioner
determines need this assistance.
new text end

new text begin Subd. 4. new text end

new text begin Sharing internal audit resources. new text end

new text begin The commissioner must administer a
program for sharing internal auditors among executive agencies that do not have their own
internal auditors and for assembling interagency teams of internal auditors as necessary.
new text end

new text begin Subd. 5. new text end

new text begin Monitoring Office of the Legislative Auditor audits. new text end

new text begin The commissioner
must review audit reports from the Office of the Legislative Auditor and take appropriate
steps to address internal control problems found in executive agencies.
new text end

new text begin Subd. 6. new text end

new text begin Budget for internal controls. new text end

new text begin The commissioner of finance may require
that each executive agency spend a specified percentage of its operating budget on internal
control systems. The commissioner of finance may require that an agency transfer a
portion of its operating budget to the commissioner to pay for internal control functions
performed by the commissioner.
new text end

new text begin Subd. 7. new text end

new text begin Annual report. new text end

new text begin The commissioner must report to the legislature and the
governor by January 31 of each odd-numbered year on the system of internal controls
and internal auditing in executive agencies.
new text end

new text begin Subd. 8. new text end

new text begin Agency head responsibilities. new text end

new text begin The head of each executive agency is
responsible for designing, implementing, and maintaining an effective internal control
system within the agency that complies with the requirements of subdivision 1, clauses (1)
to (4). The head of each executive agency must annually certify that the agency head has
reviewed the agency's internal control systems, and that these systems are in compliance
with standards and policies established by the commissioner. The agency head must
submit the signed certification form to the commissioner of finance, in a form specified by
the commissioner.
new text end

new text begin Subd. 9. new text end

new text begin State colleges and universities. new text end

new text begin This section does not apply to the
Minnesota state colleges and universities system.
new text end

Sec. 35.

new text begin [16A.058] FINANCIAL CONTROLS COUNCIL.
new text end

new text begin Subdivision 1. new text end

new text begin Membership. new text end

new text begin The executive council shall appoint a five-member
financial controls council. Members must have public or private sector experience in
internal control issues. The council shall annually elect a chair and vice-chair from
among its members.
new text end

new text begin Subd. 2. new text end

new text begin Duties. new text end

new text begin (a) The council shall advise the commissioner of finance, the
governor, the Legislative Audit Commission, and the legislature on the system of internal
controls for executive agencies. In performing this duty, the council shall:
new text end

new text begin (1) review audits and other reports of the Office of the Legislative Auditor and
from internal auditors in executive agencies;
new text end

new text begin (2) review the state's system of internal controls and make recommendations for
changes in practices of specific executive agencies or on general changes needed in state
laws, procedures, or policies;
new text end

new text begin (3) recommend guidelines and best practices to produce an effective system of
internal controls;
new text end

new text begin (4) recommend the number of internal audit employees required for executive
agencies, individually and in total; and
new text end

new text begin (5) review and comment on the performance of the commissioner of finance in
carrying out duties under section 16A.057.
new text end

new text begin (b) The council may:
new text end

new text begin (1) require reports from any executive agency relative to an internal control or
an internal audit matter;
new text end

new text begin (2) receive and review reports from internal auditors in executive agencies;
new text end

new text begin (3) conduct hearings relative to attempts to interfere with, compromise, or intimidate
an internal auditor; and
new text end

new text begin (4) conduct hearings on the effectiveness of internal control or internal audit
functions within an executive agency.
new text end

new text begin Subd. 3. new text end

new text begin Terms; compensation; removal; vacancies; expiration. new text end

new text begin The membership
terms, compensation, removal of members, and filling of vacancies shall be as provided in
section 15.059, except that council members shall not receive a per diem. The council is
not subject to the expiration date provisions of section 15.059.
new text end

new text begin Subd. 4. new text end

new text begin Administrative support. new text end

new text begin The commissioner of finance shall provide
administrative support to the council upon request of its chair.
new text end

new text begin Subd. 5. new text end

new text begin MnSCU. new text end

new text begin The Minnesota State Colleges and Universities system is not an
executive agency for purposes of this section.
new text end

Sec. 36.

Minnesota Statutes 2008, section 16A.11, is amended by adding a subdivision
to read:

new text begin Subd. 3d. new text end

new text begin Information technology budget proposals. new text end

new text begin A proposal in the detailed
budget documents for a new investment in information technology systems or equipment
costing $100,000 or more must request that money for the system or equipment be
appropriated to the Office of Enterprise Technology.
new text end

Sec. 37.

Minnesota Statutes 2008, section 16A.126, subdivision 1, is amended to read:

Subdivision 1.

Set rates.

The commissioner shall approve the rates an agency must
pay to a revolving fund for services. new text begin Funds subject to this subdivision include, but are
not limited to, the revolving funds established in sections 4A.05; 14.46; 14.53; 16B.48;
16B.54; 16B.58; 16B.85; 16C.03, subdivision 11; 16E.14; 43A.55; and 176.591; and the
fund established in section 43A.30.
new text end

Sec. 38.

Minnesota Statutes 2008, section 16A.133, subdivision 1, is amended to read:

Subdivision 1.

Payroll direct deposit and deductions.

An agency head in the
executive, judicial, and legislative branch shall, upon written request signed by an
employee, directly deposit all or part of an employee's pay to those credit unions or
financial institutions, as defined in section 47.015, designated by the employee.

An agency head deleted text begin may deleted text end new text begin must new text end , upon written request of an employee, deduct from the
pay of the employee a requested amount to be paid to the Minnesota Benefit Association,
or to any deleted text begin organization deleted text end new text begin organizations new text end contemplated by section 179A.06, of which the
employee is a member. deleted text begin If an employee has more than one account with the Minnesota
Benefit Association or more than one organization under section 179A.06, only the
Minnesota Benefit Association and one organization, as defined under section 179A.06,
may be paid money by payroll deduction from the employee's pay.
deleted text end

Sec. 39.

Minnesota Statutes 2008, section 16A.139, is amended to read:

16A.139 MISAPPROPRIATION OF MONEY.

deleted text begin It is illegal for any deleted text end new text begin (a) No new text end official or head of any state department new text begin in the executive,
legislative, or judicial branches new text end , or any employee deleted text begin thereof deleted text end new text begin of a state department in those
branches new text end , deleted text begin to deleted text end new text begin may intentionally new text end use deleted text begin moneys deleted text end new text begin money new text end appropriated by law, or fees collected
new text begin knowing that the use is new text end for deleted text begin any other deleted text end new text begin a new text end purpose new text begin other new text end than the purpose for which the
deleted text begin moneys have been deleted text end new text begin money was new text end appropriated deleted text begin , and any such act by any deleted text end new text begin . Unless a greater
penalty is specified elsewhere in law, a person who violates this paragraph is guilty of a
gross misdemeanor. new text end

new text begin (b) A violation of paragraph (a) by a new text end head of a department, or any state official, is
cause for immediate removal of the official or head of a state department from the position
held with the government of this state. new text begin A criminal conviction under paragraph (a) is not a
prerequisite for removal. This paragraph does not apply to a judge, a constitutional officer,
or a legislator, except as potential grounds for expulsion, impeachment, or recall in the
manner specified in article IV, section 7, and article VIII of the Minnesota Constitution.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009, and applies to crimes
committed on or after that date.
new text end

Sec. 40.

new text begin [16A.1391] BEST PRACTICES FOR INVESTIGATIONS.
new text end

new text begin The commissioner of finance must develop and make available to appointing
authorities in the executive, legislative, and judicial branches a best practices policy for
conducting investigations in which the appointing authority compels its employees to
answer questions about allegedly inappropriate activity. The best practices policy must
be designed to facilitate effective investigations, without compromising the ability to
prosecute criminal cases when appropriate. Each appointing authority must follow the
best practices policy or, in consultation with the attorney general, must develop its own
policy for conducting these investigations.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 41.

Minnesota Statutes 2008, section 16A.152, is amended by adding a
subdivision to read:

new text begin Subd. 8. new text end

new text begin Report on budget reserve percentage. new text end

new text begin (a) The commissioner of finance
must periodically review the formula developed as part of the Budget Trends Study
Commission authorized by Laws 2007, chapter 148, article 2, section 81, to estimate
the percentage of the preceding biennium's general fund expenditures and transfers
recommended as a budget reserve.
new text end

new text begin (b) The commissioner must annually review the variables and coefficients in the
formula used to model the base of the general fund taxes and the mix of taxes that provide
revenues to the general fund. If the commissioner determines that the variables and
coefficients have changed enough to result in a change in the percentage of the preceding
biennium's general fund expenditures and transfers recommended as a budget reserve,
the commissioner must update the variables and coefficients in the formula to reflect the
current base and mix of general fund taxes.
new text end

new text begin (c) Every ten years, the commissioner must review the methodology underlying the
formula, taking into consideration relevant economic literature from the past ten years, and
determine if the formula remains adequate as a tool for estimating the percentage of the
preceding biennium's general fund expenditures and transfers recommended as a budget
reserve. If the commissioner determines that the methodology underlying the formula is
outdated, the commissioner must revise the formula.
new text end

new text begin (d) By January 15 of each year, the commissioner must report to the chairs of the
house of representatives Committee on Ways and Means and the senate Committee on
Finance, in compliance with sections 3.195 and 3.197, on the percentage of the preceding
biennium's general fund expenditures and transfers recommended as a budget reserve.
The report must specify:
new text end

new text begin (1) if the commissioner updated the variables and coefficients in the formula to
reflect significant changes to either the base of one or more general fund taxes or to the
mix of taxes that provide revenues to the general fund as provided in paragraph (b);
new text end

new text begin (2) if the commissioner revised the formula after determining the methodology was
outdated as provided in paragraph (c); and
new text end

new text begin (3) if the percentage of the preceding biennium's general fund expenditures and
transfers recommended as a budget reserve has changed as a result of an update of or a
revision to the formula.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 42.

new text begin [16A.81] TECHNOLOGY DEVELOPMENT LEASE-PURCHASE
FINANCING.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin The following definitions apply to this section.
new text end

new text begin (a) "Technology system project" means the development, acquisition, installation,
and implementation of a technology system that is essential to state operations and is
expected to have a long useful life.
new text end

new text begin (b) "Lease-purchase agreement" means an agreement for the lease and installment
purchase of a technology system project, or a portion of the project, between the
commissioner, on behalf of the state, and a vendor or a third-party financing source.
new text end

new text begin (c) "Technology development lease-purchase guidelines" means policies, procedures,
and requirements established by the commissioner for technology system projects that are
financed pursuant to a lease-purchase agreement.
new text end

new text begin Subd. 2. new text end

new text begin Lease-purchase financing. new text end

new text begin The commissioner may enter into a
lease-purchase agreement in an amount sufficient to fund a technology system project and
authorize the public or private sale and issuance of certificates of participation, provided
that:
new text end

new text begin (1) the technology system project has been authorized by law to be funded pursuant
to a lease-purchase agreement;
new text end

new text begin (2) the term of the lease-purchase agreement and the related certificates of
participation shall not exceed the lesser of the expected useful life of the technology
system project financed by the lease-purchase agreement and the certificates or ten years
from the date of issuance of the lease-purchase agreement and the certificates;
new text end

new text begin (3) the principal amount of the lease-purchase agreement and the certificates is
sufficient to provide for the costs of issuance, capitalized interest, credit enhancement, or
reserves, if any, as required under the lease-purchase agreement;
new text end

new text begin (4) funds sufficient for payment of lease obligations have been committed in the
authorizing legislation for the technology system project for the fiscal year during which
the lease-purchase agreement is entered into; provided that no lease-purchase agreement
shall obligate the state to appropriate funds sufficient to make lease payments due under
such agreement in any future fiscal year; and
new text end

new text begin (5) planned expenditures for the technology system project are permitted within the
technology development lease-purchase guidelines.
new text end

new text begin Subd. 3. new text end

new text begin Covenants. new text end

new text begin The commissioner may covenant in a lease-purchase
agreement that the state will abide by the terms and provisions that are customary in
lease-purchase financing transactions, including but not limited to, covenants providing
that the state:
new text end

new text begin (1) will maintain insurance as required under the terms of the lease-purchase
agreement;
new text end

new text begin (2) is responsible to the lessor for any public liability or property damage claims or
costs related to the selection, use, or maintenance of the technology system project, to the
extent of insurance or self-insurance maintained by the state, and for costs and expenses
incurred by the lessor as a result of any default by the state; or
new text end

new text begin (3) authorizes the lessor to exercise the rights of a secured party with respect to
the technology system project or any portion of the project in the event of default or
nonappropriation of funds by the state, and for the present recovery of lease payments
due during the current term of the lease-purchase agreement as liquidated damages in
the event of default.
new text end

new text begin Subd. 4. new text end

new text begin Credit and appropriation of proceeds. new text end

new text begin Proceeds of the lease-purchase
agreement and certificates of participation must be credited to a technology lease project
fund in the state treasury. Net income from investment of the proceeds, as estimated by
the commissioner, must be credited to the appropriate accounts in the technology lease
project fund. Funds in the technology lease project fund are appropriated for the purposes
described in the authorizing law for each technology development project and this section.
new text end

new text begin Subd. 5. new text end

new text begin Transfer of funds. new text end

new text begin Before the lease-purchase proceeds are received in the
technology lease project fund, the commissioner may transfer to that fund from the general
fund amounts not exceeding the expected proceeds from the lease-purchase agreement
and certificates of participation. The commissioner shall return these amounts to the
general fund by transferring proceeds when received. The amounts of these transfers are
appropriated from the general fund and from the technology lease project fund.
new text end

new text begin Subd. 6. new text end

new text begin Administrative expenses. new text end

new text begin Actual and necessary travel and subsistence
expenses of employees and all other nonsalary expenses incidental to the sale, printing,
execution, and delivery of the lease-purchase agreement and certificates of participation
may be paid from the lease-purchase proceeds. The lease-purchase proceeds are
appropriated for this purpose.
new text end

new text begin Subd. 7. new text end

new text begin Treatment of technology lease project fund. new text end

new text begin Lease-purchase proceeds
remaining in the technology lease project fund after the purposes for which the
lease-purchase agreement was undertaken are accomplished or abandoned, as determined
by the commissioner, must be transferred to the general fund.
new text end

new text begin Subd. 8. new text end

new text begin Lease-purchase not public debt. new text end

new text begin A lease-purchase agreement does not
constitute or create a general or moral obligation or indebtedness of the state in excess
of the money from time to time appropriated or otherwise available for payments or
obligations under such agreement. Payments due under a lease-purchase agreement during
a current lease term for which money has been appropriated is a current expense of the
state.
new text end

new text begin Subd. 9. new text end

new text begin Refunding certificates. new text end

new text begin The commissioner from time to time may enter
into a new lease-purchase agreement and issue and sell certificates of participation for the
purpose of refunding any lease-purchase agreement and related certificates of participation
then outstanding, including the payment of any redemption premiums, any interest accrued
or that is to accrue to the redemption date, and costs related to the issuance and sale of such
refunding certificates. The proceeds of any refunding certificates may, in the discretion of
the commissioner, be applied to the purchase or payment at maturity of the certificates to
be refunded, to the redemption of outstanding lease-purchase agreements and certificates
on any redemption date, or to pay interest on the refunding lease-purchase agreements
and certificates and may, pending such application, be placed in escrow to be applied to
such purchase, payment, retirement, or redemption. Any escrowed proceeds, pending such
use, may be invested and reinvested in obligations that are authorized investments under
section 11A.24. The income earned or realized on any authorized investment may also be
applied to the payment of the lease-purchase agreements and certificates to be refunded,
interest or premiums on the refunded certificates, or to pay interest on the refunding
lease-purchase agreements and certificates. After the terms of the escrow have been fully
satisfied, any balance of proceeds and any investment income may be returned to the
general fund, or if applicable, the technology lease project fund, for use in a lawful manner.
All refunding lease-purchase agreements and certificates issued under the provisions of
this subdivision must be prepared, executed, delivered, and secured by appropriations in
the same manner as the lease-purchase agreements and certificates to be refunded.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 43.

new text begin [16A.82] TECHNOLOGY LEASE-PURCHASE APPROPRIATION.
new text end

new text begin $8,975,000 is appropriated annually from the general fund to the commissioner
to make payments under a lease-purchase agreement as defined in section 16A.81 for
replacement of the state's accounting and procurement systems, provided that the state is
not obligated to continue such appropriation of funds or to make lease payments in any
future fiscal year. Any unexpended portions of this appropriation cancel to the general
fund at the close of each biennium. This section expires June 30, 2020.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2010.
new text end

Sec. 44.

new text begin [16B.1225] LETTER-SIZED PAPER FOR DOCUMENTS.
new text end

new text begin State entities in the executive, legislative, and judicial branches must use standard
letter-sized paper to print documents to the extent practical, and may not print documents
on legal-sized paper unless this is the only possible size paper for a particular document.
new text end

Sec. 45.

Minnesota Statutes 2008, section 16B.24, is amended by adding a subdivision
to read:

new text begin Subd. 5b. new text end

new text begin Employee fitness and wellness facilities. new text end

new text begin An entity in the executive,
legislative, or judicial branch may use space under its control to offer fitness, wellness,
or similar classes or activities to its employees, and may allow persons conducting these
classes or activities to charge employees a fee to participate. Revenue received by a public
entity under this section is appropriated to the entity. This authorization applies to all state
space, including property in the Capitol area, and other designated property as defined
in rules adopted by the commissioner of public safety. Persons conducting these classes
or activities, and participating employees, waive any and all claims of liability against
the state for any damage or injury arising from the use of state space for employee fitness
and wellness classes or similar classes or activities. Persons conducting these classes or
activities agree to indemnify, save, and hold the state, its agents, and employees harmless
from any claims or causes of action, including attorney fees incurred by the state that arise
from these classes or activities.
new text end

Sec. 46.

Minnesota Statutes 2008, section 16B.24, is amended by adding a subdivision
to read:

new text begin Subd. 5c. new text end

new text begin Rulemaking. new text end

new text begin The commissioner of public safety must amend Minnesota
Rules, part 7525.0400, and any other rules as necessary to conform with subdivision 5b.
The commissioner may use the good cause exemption, under authority of Minnesota
Statutes, section 14.388, subdivision 1, clause (3), to amend rules to conform with
subdivision 5b.
new text end

Sec. 47.

new text begin [16B.242] ENTERPRISE REAL PROPERTY ACCOUNT.
new text end

new text begin The enterprise real property technology system and services account is created
in the special revenue fund. Receipts credited to the account are appropriated to the
commissioner of administration for the purpose of funding the personnel and technology
to maintain the enterprise real property system and services.
new text end

Sec. 48.

new text begin [16B.2421] BIRD-SAFE BUILDINGS.
new text end

new text begin Between March 15 and May 31 and between August 15 and October 31 each year,
occupants of state-owned or state-leased buildings must attempt to reduce dangers posed
to migrating birds by turning off building lights between midnight and dawn, to the extent
turning off lights is consistent with the normal use of the buildings. The commissioner of
administration may adopt policies to implement this requirement.
new text end

Sec. 49.

new text begin [16B.243] NAMING RIGHTS.
new text end

new text begin The commissioner of administration may enter into a contract to sell the naming
rights to a state-owned building, or to meeting rooms within a state-owned building. This
section does not apply to the State Capitol building, to the Minnesota Judicial Center, or
the State Office Building.
new text end

Sec. 50.

new text begin [16B.351] ADVERTISING.
new text end

new text begin The commissioner of administration may enter into a contract to sell advertising on
temporary fences or other temporary barriers adjacent to construction or repair projects on
state-owned buildings or grounds.
new text end

Sec. 51.

Minnesota Statutes 2008, section 16B.54, subdivision 2, is amended to read:

Subd. 2.

Vehicles.

(a) The commissioner may direct an agency to make a transfer of
a passenger motor vehicle or truck currently assigned to it. The transfer must be made to
the commissioner for use in the central motor pool. The commissioner shall reimburse an
agency whose motor vehicles have been paid for with funds dedicated by the Constitution
for a special purpose and which are assigned to the central motor pool. The amount of
reimbursement for a motor vehicle is its average wholesale price as determined from the
midwest edition of the National Automobile Dealers Association official used car guide.

(b) To the extent that funds are available for the purpose, the commissioner may
purchase or otherwise acquire additional passenger motor vehicles and trucks necessary
for the central motor pool. The title to all motor vehicles assigned to or purchased or
acquired for the central motor pool is in the name of the Department of Administration.

(c) On the request of an agency, the commissioner may transfer to the central
motor pool any passenger motor vehicle or truck for the purpose of disposing of it. The
department or agency transferring the vehicle or truck must be paid for it from the motor
pool revolving account established by this section in an amount equal to two-thirds of the
average wholesale price of the vehicle or truck as determined from the midwest edition of
the National Automobile Dealers Association official used car guide.

(d) The commissioner shall provide for the uniform marking of all motor vehicles.
Motor vehicle colors must be selected from the regular color chart provided by the
manufacturer each year. The commissioner may further provide for the use of motor
vehicles without marking by:

(1) the governor;

deleted text begin (2) the lieutenant governor;
deleted text end

deleted text begin (3) deleted text end new text begin (2) new text end the Division of Criminal Apprehension, the Division of Alcohol and
Gambling Enforcement, and arson investigators of the Division of Fire Marshal in the
Department of Public Safety;

deleted text begin (4) deleted text end new text begin (3) new text end the Financial Institutions Division of the Department of Commerce;

deleted text begin (5) deleted text end new text begin (4) new text end the Division of Disease Prevention and Control of the Department of Health;

deleted text begin (6) deleted text end new text begin (5) new text end the State Lottery;

deleted text begin (7) deleted text end new text begin (6) new text end criminal investigators of the Department of Revenue;

deleted text begin (8) deleted text end new text begin (7) new text end state-owned community service facilities in the Department of Human
Services;

deleted text begin (9) deleted text end new text begin (8) new text end the investigative staff of the Department of Employment and Economic
Development;

deleted text begin (10) deleted text end new text begin (9) new text end the Office of the Attorney General; and

deleted text begin (11) deleted text end new text begin (10) new text end the investigative staff of the Gambling Control Board.

new text begin (e) The state may not provide a car for use of the lieutenant governor.
new text end

Sec. 52.

new text begin [16B.90] MILESTONES REPORT REQUIRED.
new text end

new text begin The commissioner of administration must establish a statewide system of economic
(including tax implications), social, and environmental performance measures. The
milestones must provide the economic (including tax implications), social, and
environmental information necessary for public and elected officials to understand and
evaluate the sustainability of the state's long-term trends. The commissioner must report
on the trends and their implications each year. The commissioner may contract for the
development of information and measures.
new text end

Sec. 53.

new text begin [16B.99] GEOSPATIAL INFORMATION OFFICE.
new text end

new text begin Subdivision 1. new text end

new text begin Creation. new text end

new text begin The Minnesota Geospatial Information Office is created
under the supervision of the commissioner of administration.
new text end

new text begin Subd. 2. new text end

new text begin Responsibilities; authority. new text end

new text begin The office has authority to provide
coordination, guidance, and leadership, and to plan the implementation of Minnesota's
geospatial information technology. The office shall identify, coordinate, and guide
strategic investments in geospatial information technology systems, data, and services to
ensure effective implementation and use of Geospatial Information Systems (GIS) by state
agencies to maximize benefits for state government as an enterprise.
new text end

new text begin Subd. 3. new text end

new text begin Duties. new text end

new text begin (a) The office must:
new text end

new text begin (1) coordinate and guide the efficient and effective use of available federal,
state, local, and public-private resources to develop statewide geospatial information
technology, data, and services;
new text end

new text begin (2) provide leadership and outreach, and ensure cooperation and coordination for
all GIS functions in state and local government, including coordination between state
agencies, intergovernment coordination between state and local units of government, and
extragovernment coordination, which includes coordination with academic and other
private and nonprofit sector GIS stakeholders;
new text end

new text begin (3) review state agency and intergovernment geospatial technology, data, and
services development efforts involving state or intergovernment funding, including federal
funding;
new text end

new text begin (4) provide information to the legislature regarding projects reviewed, and
recommend projects for inclusion in the governor's budget under section 16A.11;
new text end

new text begin (5) coordinate management of geospatial technology, data, and services between
state and local governments;
new text end

new text begin (6) provide coordination, leadership, and consultation to integrate government
technology services with GIS infrastructure and GIS programs;
new text end

new text begin (7) work to avoid or eliminate unnecessary duplication of existing GIS technology
services and systems, including services provided by other public and private organizations
while building on existing governmental infrastructures;
new text end

new text begin (8) promote and coordinate consolidated geospatial technology, data, and services
and shared geospatial Web services for state and local governments; and
new text end

new text begin (9) promote and coordinate geospatial technology training, technical guidance, and
project support for state and local governments.
new text end

new text begin Subd. 4. new text end

new text begin Duties of chief geospatial information officer. new text end

new text begin (a) In consultation with the
state geospatial advisory council, the commissioner of administration, the commissioner
of finance, and the Minnesota chief information officer, the chief geospatial information
officer must identify when it is cost-effective for agencies to develop and use shared
information and geospatial technology systems, data, and services. The chief geospatial
information officer may require agencies to use shared information and geospatial
technology systems, data, and services.
new text end

new text begin (b) The chief geospatial information officer, in consultation with the state
geospatial advisory council, must establish reimbursement rates in cooperation with
the commissioner of finance to bill agencies and other governmental entities sufficient
to cover the actual development, operation, maintenance, and administrative costs of
the shared systems. The methodology for billing may include the use of interagency
agreements, or other means as allowed by law.
new text end

new text begin Subd. 5. new text end

new text begin Fees. new text end

new text begin (a) The chief geospatial information officer must set fees under
section 16A.1285 that reflect the actual cost of providing information products and
services to clients. The fees must be approved by the commissioner of finance. Fees
are not subject to rulemaking under chapter 14 and section 14.386 does not apply. Fees
collected must be deposited in the state treasury and credited to the Minnesota Geospatial
Information Office revolving account. Money in the account is appropriated to the chief
geospatial information officer for providing GIS consulting services, software, data, Web
services, and map products on a cost-recovery basis, including the cost of services,
supplies, material, labor, and equipment as well as the portion of the general support
costs and statewide indirect costs of the office that is attributable to the delivery of these
products and services. Money in the account shall not be used for the general operation of
the Minnesota Geospatial Information Office.
new text end

new text begin (b) The chief geospatial information officer may require a state agency to make
an advance payment to the revolving fund sufficient to cover the agency's estimated
obligation for a period of 60 days or more. If the revolving fund is abolished or liquidated,
the total net profit from the operation of the fund must be distributed to the various funds
from which purchases were made. For a given period of time, the amount of total net profit
to be distributed to each fund shall reflect the same ratio of total purchases attributable to
each fund divided by the total purchases from all funds.
new text end

new text begin Subd. 6. new text end

new text begin Accountability. new text end

new text begin The chief geospatial information officer is appointed by
the commissioner of administration and shall work closely with the Minnesota chief
information officer who shall play an advisory role on technology projects, standards,
and services.
new text end

new text begin Subd. 7. new text end

new text begin Discretionary powers. new text end

new text begin The office may:
new text end

new text begin (1) enter into contracts for goods or services with public or private organizations
and charge fees for services it provides;
new text end

new text begin (2) apply for, receive, and expend money from public agencies;
new text end

new text begin (3) apply for, accept, and disburse grants and other aids from the federal government
and other public or private sources;
new text end

new text begin (4) enter into contracts with agencies of the federal government, local government
units, the University of Minnesota and other educational institutions, and private persons
and other nongovernment organizations as necessary to perform its statutory duties;
new text end

new text begin (5) appoint committees and task forces to assist the office in carrying out its duties;
new text end

new text begin (6) sponsor and conduct conferences and studies, collect and disseminate
information, and issue reports relating to geospatial information and technology issues;
new text end

new text begin (7) participate in the activities and conferences related to geospatial information
and communications technology issues;
new text end

new text begin (8) review the GIS technology infrastructure of regions of the state and cooperate
with and make recommendations to the governor, legislature, state agencies, local
governments, local technology development agencies, the federal government, private
businesses, and individuals for the realization of GIS information and technology
infrastructure development potential;
new text end

new text begin (9) sponsor, support, and facilitate innovative and collaborative geospatial systems
technology, data, and services projects; and
new text end

new text begin (10) review and recommend alternative sourcing strategies for state geospatial
information systems technology, data, and services.
new text end

new text begin Subd. 8. new text end

new text begin Geospatial advisory councils created. new text end

new text begin The chief geospatial information
officer must establish a governance structure that includes advisory councils to obtain
expert advice from stakeholders on issues focusing on improving the operations and
management of geospatial technology within state government and also on issues of
importance to users of geospatial technology throughout the state.
new text end

new text begin (a) A statewide geospatial advisory council must advise the Minnesota Geospatial
Information Office about issues concerning the improvement of services statewide
through the coordinated, affordable, reliable, and effective use of geospatial technology.
Membership of the statewide council must include voting members selected to represent a
cross section of organizations that include counties, cities, universities, business, nonprofit
organizations, federal agencies, and state agencies. State agency membership must be
limited to no more than 20 percent of the total voting membership. In addition, the chief
geospatial information officer must be a nonvoting member.
new text end

new text begin (b) A state government geospatial advisory council must advise the Minnesota
Geospatial Information Office on issues concerning improving state government services
through the coordinated, affordable, reliable, and effective use of geospatial technology.
Membership of the state government council must include voting members representing
up to 15 state government agencies and constitutional offices, including the Office of
Enterprise Technology and the Minnesota Geospatial Information Office and shall be
chaired by the chief geographic information officer. A representative of the statewide
geospatial advisory council must serve as a nonvoting member.
new text end

new text begin (c) Members of both the statewide geospatial advisory council and the state
government advisory council must be recommended by a process that ensures that each
member is designated to represent a clearly identified agency or stakeholder category
and that complies with the state's open appointment process. Appointments must be
made by the commissioner of administration for a period of two years. Members serve
at the pleasure of the commissioner. Members must be reimbursed for expenses in the
manner specified in section 15.059, but do not receive per diem under that section. The
advisory councils expire June 30, 2013.
new text end

new text begin (d) The Minnesota Geospatial Information Office must provide administrative
support for both geospatial advisory councils.
new text end

new text begin Subd. 9. new text end

new text begin Report to legislature. new text end

new text begin By January 15, 2010, the chief geospatial
information officer must provide a report to the appropriate chairs of the state government
committees of the legislature that addresses all statutes that refer to the land management
information center or land management information system and makes a recommendation
about whether they should be continued, amended, or repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 54.

Minnesota Statutes 2008, section 16C.16, is amended by adding a subdivision
to read:

new text begin Subd. 6a. new text end

new text begin Service-disabled veteran-owned small businesses. new text end

new text begin (a) The
commissioner shall award up to a six percent preference in the amount bid on state
procurement to certified small businesses that are majority-owned and operated by
veterans having service-connected disabilities, as determined by the United States
Department of Veterans Affairs.
new text end

new text begin (b) The purpose of this designation is to facilitate the transition of service-disabled
veterans from military to civilian life, and to help compensate them for their sacrifices,
including but not limited to their sacrifice of health and time, for the state and nation during
their military service, as well as to enhance economic development within Minnesota.
new text end

new text begin (c) For purposes of this section and section 16C.19, the following terms have the
meanings given them:
new text end

new text begin (1) "veteran" has the meaning given in section 197.447; and
new text end

new text begin (2) "service-connected disability" has the meaning given in United States Code, title
38, section 101(16), as determined by the United States Department of Veterans Affairs.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009, and applies to
procurement contract bid solicitations issued on and after that date.
new text end

Sec. 55.

Minnesota Statutes 2008, section 16C.19, is amended to read:

16C.19 ELIGIBILITY; RULES.

(a) A small business wishing to participate in the programs under section 16C.16,
subdivisions 4 to 7, must be certified by the commissioner. The commissioner shall adopt
by rule standards and procedures for certifying that small businesses, small targeted group
businesses, and small businesses located in economically disadvantaged areas are eligible
to participate under the requirements of sections 16C.16 to 16C.21. The commissioner
shall adopt by rule standards and procedures for hearing appeals and grievances and other
rules necessary to carry out the duties set forth in sections 16C.16 to 16C.21.

(b) The commissioner may make rules which exclude or limit the participation of
nonmanufacturing business, including third-party lessors, brokers, franchises, jobbers,
manufacturers' representatives, and others from eligibility under sections 16C.16 to
16C.21.

(c) The commissioner may make rules that set time limits and other eligibility limits
on business participation in programs under sections 16C.16 to 16C.21.

new text begin (d) Notwithstanding paragraph (c), for purposes of sections 16C.16 to 16C.21, a
service-disabled veteran-owned small business, the principal place of business of which
is in Minnesota, is certified if it has been verified by the United States Department of
Veterans Affairs as being a service-disabled veteran-owned small business in accordance
with Public Law 109-461 and Code of Federal Regulations, title 38, part 74.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009, and applies to
procurement contract bid solicitations issued on and after that date.
new text end

Sec. 56.

Minnesota Statutes 2008, section 16C.20, is amended to read:

16C.20 CERTIFICATION.

A business that is certified by the commissioner of administration as a small
business, small targeted group business deleted text begin or deleted text end new text begin , new text end a small business located in an economically
disadvantaged area new text begin , or a service-disabled veteran-owned small business new text end is eligible to
participate under the requirements of sections 137.31 and 161.321 and, if certified as a
small business deleted text begin or deleted text end new text begin , new text end small targeted group business, new text begin or service-disabled veteran-owned small
business, new text end under section 473.142 without further certification by the contracting agency.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009, and applies to
procurement contract bid solicitations issued on and after that date.
new text end

Sec. 57.

new text begin [16E.22] STATEWIDE ELECTRONIC LICENSING SYSTEM.
new text end

new text begin Subdivision 1. new text end

new text begin Account established; appropriation. new text end

new text begin The statewide electronic
licensing account is created in the special revenue fund. Receipts credited to the account
are appropriated to the state chief information officer for completion of the Minnesota
electronic licensing system, for transferring licensing agencies to the system, and for
operation and maintenance of the system during the completion and transfer period.
new text end

new text begin Subd. 2. new text end

new text begin Temporary licensing surcharge. new text end

new text begin Executive branch state agencies shall
collect a temporary surcharge of ten percent of the licensing fee, but no less than $5 and no
more than $150 on each business, commercial, professional, or occupational license that:
new text end

new text begin (1) requires a fee; and
new text end

new text begin (2) will be transferred to the Minnesota electronic licensing system, as determined
by the state chief information officer.
new text end

new text begin The surcharge applies to initial license applications and license renewals. Each agency
that issues a license subject to this subdivision shall collect the surcharge for the license
for up to six years between July 1, 2009, and June 30, 2015, as directed by the state
chief information officer. Receipts from the surcharge shall be deposited in the statewide
licensing account established in subdivision 1. Department of Commerce licensees who
are paying for an existing electronic licensing database system under section 45.24 must
not be required to pay the surcharge under this section. The funds acquired under section
45.24 must be used in part, as determined by the commissioner of commerce, to fund the
statewide electronic licensing system under this section and the fee imposed on licensees
who pay for the system under section 45.24 may not exceed the maximum fee allowed
under that section.
new text end

new text begin Subd. 3. new text end

new text begin Priority. new text end

new text begin In completing the statewide electronic licensing system, the
chief information officer must give priority to the extent practical to licenses that are
not currently issued electronically.
new text end

new text begin Subd. 4. new text end

new text begin Contract authority. new text end

new text begin The state chief information officer may enter into
a risk-share or phased agreement with a vendor to complete the Minnesota electronic
licensing system and to transfer licensing agencies to the system, provided that the
payment for the vendor's services under the agreement is limited to the revenue from the
surcharge enacted under subdivision 2, after payment of state operating and maintenance
costs. The agreement must clearly indicate that the state chief information officer may
only expend amounts actually collected from the surcharge, after state operations and
maintenance costs have been paid, in payment for the vendor's services and that the vendor
assumes this risk when performing work under the contract. This section does not require
the state chief information officer to pay the vendor the entire amount of the surcharge
revenue that remains after payment of state operations and maintenance costs. Before
entering into a contract under this subdivision, the state chief information officer must
consult with the commissioner of finance regarding the implementation of the surcharge
and the terms of the contract.
new text end

new text begin Subd. 5. new text end

new text begin Unused funds. new text end

new text begin Money remaining in the statewide electronic licensing
account after payment of all costs of completing the Minnesota electronic licensing
system, transferring licensing agencies to the system, and operating and maintaining
the system during the completion and transfer period is appropriated for the costs of
operating and maintaining the Minnesota electronic licensing system after the system
has been completed.
new text end

new text begin Subd. 6. new text end

new text begin Expiration. new text end

new text begin This section expires on June 30, 2017.
new text end

Sec. 58.

Minnesota Statutes 2008, section 43A.02, is amended by adding a subdivision
to read:

new text begin Subd. 18a. new text end

new text begin Domestic partner. new text end

new text begin "Domestic partner" means a person who has entered
into a committed interdependent relationship with one other adult, where the partners:
new text end

new text begin (1) are responsible for each other's basic common welfare;
new text end

new text begin (2) share a common residence and intend to do so indefinitely;
new text end

new text begin (3) are not related by blood or adoption to an extent that would prohibit marriage in
this state; and
new text end

new text begin (4) are legally competent and qualified to enter into a contract.
new text end

new text begin For purposes of this subdivision, domestic partners may be considered to share a
common residence, even if they do not each have a legal right to possess the residence or
one or both domestic partners possess additional real property.
new text end

new text begin If one domestic partner temporarily leaves the common residence with the intention
to return, the domestic partners continue to share a common residence for the purposes
of this subdivision.
new text end

Sec. 59.

Minnesota Statutes 2008, section 43A.1815, is amended to read:

43A.1815 deleted text begin VACATION deleted text end DONATION TO SICK LEAVE ACCOUNT.

new text begin (a) new text end In addition to donations under section 43A.181, a state employee may donate a
total of up to deleted text begin 12 deleted text end new text begin 40 new text end hours of accrued vacation new text begin or sick new text end leave each fiscal year to the sick
leave account of one or more state employees. A state employee may not be paid for more
than 80 hours in a payroll period during which the employee uses sick leave credited to
the employee's account as a result of a transfer from another state employee's vacation
new text begin or sick leave new text end account.

new text begin (b) The recipient employee must receive donations, as available, for an illness
or condition of the employee or a member of the employee's family that prevents the
employee from working. The donations must be available without a waiting period as
soon as the employee's sick and vacation leave is exhausted. Donations may be used for
up to a total of 1,044 hours during the duration of eligible employment. Recipients must
continue to accrue vacation and sick leave while they are on donation leave.
new text end

new text begin (c) An applicant for benefits under this section who receives an unfavorable
determination may select a designee to consult with the commissioner or commissioner's
designee on the reasons for the determination.
new text end

new text begin (d) new text end The commissioner shall establish procedures under section 43A.04, subdivision
4, for eligibility, duration of need based on individual cases, monitoring and evaluation of
individual eligibility status, and other topics related to administration of this program.

Sec. 60.

Minnesota Statutes 2008, section 43A.24, subdivision 1, is amended to read:

Subdivision 1.

General.

Employees, including persons on layoff from a civil
service position, and employees who are employed less than full time, shall be eligible
for state paid life insurance and hospital, medical and dental benefits as provided in
collective bargaining agreements or plans established pursuant to section 43A.18. new text begin If a
collective bargaining agreement or plan provides state paid health insurance for spouses of
employees, the insurance must be made available to a domestic partner of a state employee
on the same terms and conditions.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2012.
new text end

Sec. 61.

Minnesota Statutes 2008, section 43A.49, is amended to read:

43A.49 VOLUNTARY UNPAID LEAVE OF ABSENCE.

(a) Appointing authorities in state government may allow each employee to take
unpaid leaves of absence for up to 1,040 hours deleted text begin between June 1, 2007, and June 30, 2009.
The 1,040 hour limit replaces, and is not in addition to, limits set in prior laws deleted text end new text begin in each
two-year period beginning July 1 of each odd-numbered year new text end . Each appointing authority
approving such a leave shall allow the employee to continue accruing vacation and sick
leave, be eligible for paid holidays and insurance benefits, accrue seniority, and accrue
service credit and credited salary in the state retirement plans as if the employee had
actually been employed during the time of leave. An employee covered by the unclassified
plan may voluntarily make the employee contributions to the unclassified plan during the
leave of absence. If the employee makes these contributions, the appointing authority
must make the employer contribution. If the leave of absence is for one full pay period or
longer, any holiday pay shall be included in the first payroll warrant after return from the
leave of absence. The appointing authority shall attempt to grant requests for the unpaid
leaves of absence consistent with the need to continue efficient operation of the agency.
However, each appointing authority shall retain discretion to grant or refuse to grant
requests for leaves of absence and to schedule and cancel leaves, subject to the applicable
provisions of collective bargaining agreements and compensation plans.

(b) To receive eligible service credit and credited salary in a defined benefit plan, the
member shall pay an amount equal to the applicable employee contribution rates. If an
employee pays the employee contribution for the period of the leave under this section,
the appointing authority must pay the employer contribution. The appointing authority
may, at its discretion, pay the employee contributions. Contributions must be made in a
time and manner prescribed by the executive director of the Minnesota State Retirement
deleted text begin Association deleted text end new text begin System new text end .

Sec. 62.

new text begin [43A.55] MANAGEMENT ANALYSIS REVOLVING FUND.
new text end

new text begin Subdivision 1. new text end

new text begin Creation. new text end

new text begin The management analysis revolving fund is created in the
state treasury.
new text end

new text begin Subd. 2. new text end

new text begin Appropriation and use of funds. new text end

new text begin Money in the management analysis
revolving fund is appropriated annually to the commissioner to provide analytical,
statistical, and organizational development services to state agencies, local units of
government, metropolitan and regional agencies, school districts, and other public entities
in the state.
new text end

new text begin Subd. 3. new text end

new text begin Reimbursements. new text end

new text begin Except as specifically provided otherwise, each
agency shall reimburse the management analysis revolving fund for the cost of all
services, supplies, materials, labor, and depreciation of equipment, including reasonable
overhead costs, that the commissioner is authorized and directed to furnish an agency.
The commissioner shall report the rates to be charged for the revolving fund no later than
July 1 of each year to the chair of the committee or division of the senate or the house of
representatives with primary jurisdiction over the budget of the Department of Finance.
new text end

new text begin Subd. 4. new text end

new text begin Cash flow. new text end

new text begin The commissioner may make appropriate transfers to the
revolving fund according to section 16A.126. The commissioner may make allotment
and encumbrances in anticipation of these transfers. In addition, the commissioner may
require an agency to make advance payments to the revolving fund sufficient to cover
the office's estimated obligation for a period of at least 60 days. All reimbursements
and other money received by the commissioner under this section must be deposited in
the management analysis revolving fund.
new text end

new text begin Subd. 5. new text end

new text begin Liquidation. new text end

new text begin If the management analysis revolving fund is abolished or
liquidated, the total net profit from the operation of the fund must be distributed to the
various funds from which purchases were made. For a given period of time, the amount of
total net profit to be distributed to each fund shall reflect the same ratio of total purchases
attributable to each fund divided by the total purchases from all funds.
new text end

Sec. 63.

Minnesota Statutes 2008, section 116G.15, is amended to read:

116G.15 MISSISSIPPI RIVER CRITICAL AREA.

deleted text begin (a) deleted text end The federal Mississippi National River and Recreation Area established
pursuant to United States Code, title 16, section 460zz-2(k), is designated an area of
critical concern in accordance with this chapter. The governor shall review the existing
Mississippi River critical area plan and specify any additional standards and guidelines
to affected communities in accordance with section 116G.06, subdivision 2, paragraph
(b), clauses (3) and (4), needed to insure preservation of the area pending the completion
of the federal plan.

deleted text begin The results of an environmental impact statement prepared under chapter 116D
begun before and completed after July 1, 1994, for a proposed project that is located in
the Mississippi River critical area north of the United States Army Corps of Engineers
Lock and Dam Number One must be submitted in a report to the chairs of the environment
and natural resources policy and finance committees of the house of representatives
and the senate prior to the issuance of any state or local permits and the authorization
for an issuance of any bonds for the project. A report made under this paragraph shall
be submitted by the responsible governmental unit that prepared the environmental
impact statement, and must list alternatives to the project that are determined by the
environmental impact statement to be economically less expensive and environmentally
superior to the proposed project and identify any legislative actions that may assist in the
implementation of environmentally superior alternatives. This paragraph does not apply
to a proposed project to be carried out by the Metropolitan Council or a metropolitan
agency as defined in section 473.121.
deleted text end

deleted text begin (b) If the results of an environmental impact statement required to be submitted by
paragraph (a) indicate that there is an economically less expensive and environmentally
superior alternative, then no member agency of the Environmental Quality Board shall
issue a permit for the facility that is the subject of the environmental impact statement,
other than an economically less expensive and environmentally superior alternative,
nor shall any government bonds be issued for the facility, other than an economically
less expensive and environmentally superior alternative, until after the legislature has
adjourned its regular session sine die in 1996.
deleted text end

Sec. 64.

new text begin [116G.152] CRITICAL AREA.
new text end

new text begin The Metropolitan Council, in consultation with the Environmental Quality Board,
shall consider for inclusion in the regional recreational open space system created in
chapter 473 property adjacent to Main Street and southeast of 6th Avenue Southeast in the
city of Minneapolis. The Council and the Environmental Quality Board shall report to the
legislature by January 15, 2011, on the extent to which inclusion of the property in the
open space system would support official plans for the area, including local comprehensive
plans, regional park plans, and Mississippi River Critical Area standards. No rezoning,
conditional use permit, or variance may be granted with respect to any property in the area
described in this section until the legislature determines that the property is not suitable for
inclusion in the regional recreational open space system.
new text end

Sec. 65.

Minnesota Statutes 2008, section 129D.13, is amended to read:

129D.13 GRANTS.

Subdivision 1.

Distribution.

The commissioner shall distribute the money provided
by sections 129D.11 to 129D.13. deleted text begin Twice deleted text end Annually the commissioner shall make block
grants which shall be distributed in equal amounts to public stations for operational costs.
The commissioner shall allocate money appropriated for the purposes of sections 129D.11
to 129D.13 in such a manner that each eligible public station receives a block grant. In
addition, the commissioner shall make matching grants to public stations. Matching grants
shall be used for operational costs and shall be allocated using the procedure developed
for distribution of state money under this section for grants made in fiscal year 1979. No
station's matching grant in any fiscal year shall exceed the amount of Minnesota-based
contributions received by that station in the previous fiscal year. Grants made pursuant to
this subdivision may only be given to those federally licensed stations that are certified as
eligible for community service grants through the Corporation for Public Broadcasting.
new text begin Grant funds not expended by a station during the first year of the biennium do not cancel
and may be carried over into the second fiscal year.
new text end

Subd. 2.

Exclusions from contribution amount.

In calculating the amount of
contributions received by a public station pursuant to subdivision 1, there shall be
excluded: contributions, whether monetary or in kind, from the Corporation for Public
Broadcasting; tax generated funds, including payments by public or private elementary
and secondary schools; that portion of any foundation or corporation donation in excess
of deleted text begin $500 deleted text end new text begin $2,500 new text end from any one contributor in deleted text begin a calendar deleted text end new text begin the previous station fiscal new text end year;
contributions from any source if made for the purpose of capital expenditures; and
contributions from all sources based outside the state.

Subd. 3.

Report.

Each deleted text begin educational deleted text end station receiving a grant shall deleted text begin annually deleted text end report
deleted text begin by July 1 deleted text end new text begin annually by August 1 new text end to the commissioner the purposes for which the money
was used in the past deleted text begin fiscal deleted text end year and the anticipated use of the money in the next deleted text begin fiscal deleted text end year.
deleted text begin The report shall be certified by an independent auditor or a certified public accountant. deleted text end
new text begin This report shall be submitted along with a new grant request submission. new text end If the report
is not submitted deleted text begin by September 1 deleted text end , the commissioner deleted text begin may withhold from the educational
station 45 percent of the amount to which it was entitled based upon the contribution of
the previous fiscal year, and deleted text end may redistribute that money to other educational stations.

deleted text begin Subd. 4. deleted text end

deleted text begin Program categories and funding programs. deleted text end

deleted text begin The Board of the Arts
may develop program categories and funding programs in television, film and other
public media.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 66.

Minnesota Statutes 2008, section 129D.14, subdivision 4, is amended to read:

Subd. 4.

Application.

To be eligible for a grant under this section, a licensee
shall submit an application to the commissioner deleted text begin within the deadline prescribed by the
commissioner deleted text end new text begin according to state grant policies new text end . Each noncommercial radio station
receiving a grant shall report annually deleted text begin within the deadline prescribed deleted text end by new text begin August 1 to new text end the
commissioner the purposes for which the money was used in the past deleted text begin fiscal deleted text end year and the
anticipated use of the money for the next deleted text begin fiscal deleted text end year. new text begin This report shall be submitted along
with a new grant request submission. new text end If the application and report are not submitted within
the deadline prescribed by the commissioner, the grant may be redistributed to the other
noncommercial radio stations eligible for a grant under this section.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 67.

Minnesota Statutes 2008, section 129D.14, subdivision 5, is amended to read:

Subd. 5.

State community service block grants.

(a) The commissioner shall
determine eligibility for block grants and the allocation of block grant money on the basis
of audited financial records of the station to receive the block grant funds for the station's
fiscal year preceding the year in which the grant is made, as well as on the basis of the
other requirements set forth in this section. The commissioner shall annually distribute
block grants equally to all stations that comply with the eligibility requirements and for
which a licensee applies for a block grant. new text begin Grant funds not expended by a station during
the first year of the biennium do not cancel and may be carried over into the second fiscal
year. new text end The commissioner may promulgate rules to implement this section.

(b) A station may use grant money under this section for any radio station expenses.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 68.

Minnesota Statutes 2008, section 129D.14, subdivision 6, is amended to read:

Subd. 6.

Audit.

A station that receives a grant under this section shall have an
audit of its financial records made by an independent auditor or Corporation for Public
Broadcasting accepted audit deleted text begin at the end of deleted text end new text begin for new text end the deleted text begin fiscal deleted text end year deleted text begin for which deleted text end it received the grant.
deleted text begin The audit shall include a review of station promotion, operation, and management and an
analysis of the station's use of the grant money. deleted text end A copy of the new text begin most recent new text end audit shall be
filed with the commissioner. deleted text begin If neither is available, deleted text end The commissioner may accept a letter
of negative assurance from an independent auditor or a certified public accountant.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 69.

Minnesota Statutes 2008, section 129D.155, is amended to read:

129D.155 REPAYMENT OF FUNDS.

State funds distributed to public television or noncommercial radio stations and used
to purchase equipment assets must be repaid to the state, without interest, if the assets
purchased with these funds are sold new text begin within five years new text end or otherwise converted to a person
other than a nonprofit or municipal corporation. The amount due to the state shall be the
net amount realized from the sale of the assets, but shall not exceed the amount of state
funds advanced for the purchase of the asset. deleted text begin Public television and noncommercial radio
stations receiving state funds must report biennially to the legislature on the location and
usage of assets purchased with state funds.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 70.

Minnesota Statutes 2008, section 135A.17, subdivision 2, is amended to read:

Subd. 2.

Residential housing list.

deleted text begin All postsecondary institutions that enroll students
accepting state or federal financial aid may deleted text end new text begin (a) Institutions within the Minnesota State
Colleges and Universities system must new text end prepare a current list of students enrolled in the
institution and residing deleted text begin in the institution's housing or deleted text end within deleted text begin ten miles of the institution's
campus deleted text end new text begin Minnesota new text end . The list deleted text begin shall deleted text end new text begin must new text end include each student's new text begin name and new text end current address new text begin
as permitted by applicable privacy laws new text end . The list deleted text begin shall deleted text end new text begin must new text end be certified and sent to the
deleted text begin appropriate county auditor or auditors deleted text end new text begin secretary of state no earlier than 30 and no later than
25 days prior to the November general election, in an electronic format specified by the
secretary of state, new text end for use in election day registration as provided under section 201.061,
subdivision 3. new text begin The certification must be dated and signed by the chief officer or designee
of the postsecondary educational institution, or for institutions within the Minnesota
State Colleges and Universities system, by the chancellor, and must state that the list is
current and accurate and includes only the names of currently enrolled students residing in
Minnesota as of the date of certification. The secretary of state must combine the data
received from each postsecondary educational institution under this subdivision and must
process the data to locate the precinct in which the address provided for each student is
located. If the data submitted by the postsecondary educational institution is insufficient
for the secretary of state to locate the proper precinct, the associated student name must
not appear in any list forwarded to a county auditor under this subdivision.
new text end

new text begin At least 14 days prior to the November general election, the secretary of state
must forward to the appropriate county auditor lists of students containing the students'
names and addresses for which precinct determinations have been made along with their
postsecondary educational institutions. The list must be sorted by precinct and student
last name and must be forwarded in an electronic format specified by the secretary of
state or other mutually agreed upon medium, if a written agreement specifying the
medium is signed by the secretary of state and the county auditor at least 90 days before
the November general election. A written agreement is effective for all elections until
rescinded by either the secretary of state or the county auditor.
new text end

new text begin (b) Other postsecondary institutions may provide lists as provided by this subdivision
or as provided by the rules of the secretary of state. The University of Minnesota is
requested to comply with this subdivision.
new text end

new text begin (c) new text end A residential housing list provided under this subdivision may not be used or
disseminated by a county auditor or the secretary of state for any other purpose.

Sec. 71.

Minnesota Statutes 2008, section 161.321, is amended to read:

161.321 SMALL BUSINESS CONTRACTS.

Subdivision 1.

Definitions.

For purposes of this section the following terms have
the meanings given them, except where the context clearly indicates a different meaning is
intended.

(a) "Award" means the granting of a contract in accordance with all applicable laws
and rules governing competitive bidding except as otherwise provided in this section.

(b) "Contract" means an agreement entered into between a business entity and the
state of Minnesota for the construction of transportation improvements.

(c) "Subcontractor" means a business entity which enters into a legally binding
agreement with another business entity which is a party to a contract as defined in
paragraph (b).

(d) "Targeted group business" means a business designated under section 16C.16,
subdivision 5.

new text begin (e) "Service-disabled veteran-owned small business" means a business designated
under section 16C.16, subdivision 6a.
new text end

Subd. 2.

Small business set-asides.

(a) The commissioner may award up to a six
percent preference in the amount bid for specified construction work to small targeted
group businesses new text begin and service-disabled veteran-owned small businesses new text end .

(b) The commissioner may designate a contract for construction work for award only
to small targeted group businesses if the commissioner determines that at least three small
targeted group businesses are likely to bid. new text begin The commissioner may designate a contract
for construction work for award only to service-disabled veteran-owned small businesses
if the commissioner determines that at least three service-disabled veteran-owned small
businesses are likely to bid.
new text end

(c) The commissioner, as a condition of awarding a construction contract, may set
goals that require the prime contractor to subcontract a portion of the contract to small
targeted group businesses new text begin and service-disabled veteran-owned small businesses new text end . The
commissioner must establish a procedure for granting waivers from the subcontracting
requirement when qualified small targeted group businesses new text begin and service-disabled
veteran-owned small businesses new text end are not reasonably available. The commissioner may
establish financial incentives for prime contractors who exceed the goals for use of
subcontractors and financial penalties for prime contractors who fail to meet goals under
this paragraph. The subcontracting requirements of this paragraph do not apply to prime
contractors who are small targeted group businesses new text begin or service-disabled veteran-owned
small businesses new text end .

(d) The commissioner may award up to a four percent preference in the amount bid
on procurement to small businesses located in an economically disadvantaged area as
defined in section 16C.16, subdivision 7.

Subd. 3.

Awards to small businesses.

At least 75 percent of subcontracts awarded
to small targeted group businesses must be performed by the business to which the
subcontract is awarded or another small targeted group business. new text begin At least 75 percent
of subcontracts awarded to service-disabled veteran-owned small businesses must be
performed by the business to which the subcontract is awarded or another service-disabled
veteran-owned small business.
new text end

Subd. 4.

Awards, limitations.

Contracts awarded pursuant to this section are
subject to all limitations contained in rules adopted by the commissioner of administration.

Subd. 5.

Recourse to other businesses.

If the commissioner is unable to award
a contract pursuant to the provisions of subdivisions 2 and 3, the award may be placed
pursuant to the normal solicitation and award provisions set forth in this chapter and
chapter 16C.

Subd. 6.

Rules.

The rules adopted by the commissioner of administration to define
small businesses and to set time and other eligibility requirements for participation in
programs under sections 16C.16 to 16C.19 apply to this section. The commissioner may
promulgate other rules necessary to carry out this section.

Subd. 7.

Noncompetitive bids.

The commissioner is encouraged to purchase from
small targeted group businesses new text begin and service-disabled veteran-owned small businesses new text end
designated under section 16C.16 when making purchases that are not subject to
competitive bidding procedures.

Subd. 8.

Report by commissioner.

The commissioner of transportation shall report
to the commissioner of administration on compliance with this section. The information
must be reported at the time and in the manner requested by the commissioner.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009, and applies to
procurement contract bid solicitations issued on and after that date.
new text end

Sec. 72.

Minnesota Statutes 2008, section 179A.03, subdivision 14, is amended to read:

Subd. 14.

Public employee or employee.

"Public employee" or "employee" means
any person appointed or employed by a public employer except:

(a) elected public officials;

(b) election officers;

(c) commissioned or enlisted personnel of the Minnesota National Guard;

(d) emergency employees who are employed for emergency work caused by natural
disaster;

(e) part-time employees whose service does not exceed the lesser of 14 hours per
week or 35 percent of the normal work week in the employee's appropriate unit;

(f) employees whose positions are basically temporary or seasonal in character and:
(1) are not for more than 67 working days in any calendar year; or (2) are not for more
than 100 working days in any calendar year and the employees are under the age of 22, are
full-time students enrolled in a nonprofit or public educational institution prior to being
hired by the employer, and have indicated, either in an application for employment or by
being enrolled at an educational institution for the next academic year or term, an intention
to continue as students during or after their temporary employment;

(g) employees providing services for not more than two consecutive quarters to the
Board of Trustees of the Minnesota State Colleges and Universities under the terms of a
professional or technical services contract as defined in section 16C.08, subdivision 1;

(h) employees of charitable hospitals as defined by section 179.35, subdivision 3;

(i) full-time undergraduate students employed by the school which they attend under
a work-study program or in connection with the receipt of financial aid, irrespective
of number of hours of service per week;

(j) an individual who is employed for less than 300 hours in a fiscal year as an
instructor in an adult vocational education program;

(k) an individual hired by the Board of Trustees of the Minnesota State Colleges and
Universities to teach one course for three or fewer credits for one semester in a year;

(l) with respect to court employees:

(1) personal secretaries to judges;

(2) law clerks;

(3) managerial employees;

(4) confidential employees; and

(5) supervisory employees;

(m) with respect to employees of Hennepin Healthcare System, Inc., managerial,
supervisory, and confidential employees.

The following individuals are public employees regardless of the exclusions of
clauses (e) and (f):

(i) An employee hired by a school district or the Board of Trustees of the Minnesota
State Colleges and Universities except at the university established in deleted text begin section 136F.13 deleted text end new text begin
the Twin Cities metropolitan area under section 136F.10 new text end or for community services or
community education instruction offered on a noncredit basis: (A) to replace an absent
teacher or faculty member who is a public employee, where the replacement employee
is employed more than 30 working days as a replacement for that teacher or faculty
member; or (B) to take a teaching position created due to increased enrollment, curriculum
expansion, courses which are a part of the curriculum whether offered annually or not, or
other appropriate reasons;

(ii) An employee hired for a position under clause (f)(1) if that same position has
already been filled under clause (f)(1) in the same calendar year and the cumulative
number of days worked in that same position by all employees exceeds 67 calendar days
in that year. For the purpose of this paragraph, "same position" includes a substantially
equivalent position if it is not the same position solely due to a change in the classification
or title of the position; and

(iii) an early childhood family education teacher employed by a school district.

Sec. 73.

Minnesota Statutes 2008, section 201.061, subdivision 1, is amended to read:

Subdivision 1.

Prior to election day.

At any time except during the 20 days
immediately preceding any regularly scheduled election, an eligible voter or any
individual who will be an eligible voter at the time of the next election may register to vote
in the precinct in which the voter maintains residence by completing a voter registration
application as described in section 201.071, subdivision 1, and submitting it in person or
by mail to the county auditor of that county or to the Secretary of State's Office. new text begin If the Web
site maintained by the secretary of state provides a process for it, an individual who has
a Minnesota driver's license, identification card, or learner's permit may register online.
new text end A registration that is received no later than 5:00 p.m. on the 21st day preceding any
election shall be accepted. An improperly addressed or delivered registration application
shall be forwarded within two working days after receipt to the county auditor of the
county where the voter maintains residence. A state or local agency or an individual that
accepts completed voter registration applications from a voter must submit the completed
applications to the secretary of state or the appropriate county auditor within ten days
after the applications are dated by the voter.

For purposes of this section, mail registration is defined as a voter registration
application delivered to the secretary of state, county auditor, or municipal clerk by the
United States Postal Service or a commercial carrier.

Sec. 74.

Minnesota Statutes 2008, section 201.061, subdivision 3, is amended to read:

Subd. 3.

Election day registration.

(a) An individual who is eligible to vote may
register on election day by appearing in person at the polling place for the precinct in
which the individual maintains residence, by completing a registration application, making
an oath in the form prescribed by the secretary of state and providing proof of residence.
An individual may prove residence for purposes of registering by:

(1) presenting a driver's license or Minnesota identification card issued pursuant
to section 171.07;

(2) presenting any document approved by the secretary of state as proper
identification;

(3) presenting one of the following:

(i) a current valid student identification card from a postsecondary educational
institution in Minnesota, if a list of students from that institution has been prepared under
section 135A.17 deleted text begin and certified to the county auditor deleted text end new text begin or new text end in the manner provided in rules of
the secretary of state; or

(ii) a current student fee statement that contains the student's valid address in the
precinct together with a picture identification card; or

(4) having a voter who is registered to vote in the precinct, or who is an employee
employed by and working in a residential facility in the precinct and vouching for a
resident in the facility, sign an oath in the presence of the election judge vouching that the
voter or employee personally knows that the individual is a resident of the precinct. A
voter who has been vouched for on election day may not sign a proof of residence oath
vouching for any other individual on that election day. A voter who is registered to vote in
the precinct may sign up to 15 proof-of-residence oaths on any election day. This limitation
does not apply to an employee of a residential facility described in this clause. The
secretary of state shall provide a form for election judges to use in recording the number
of individuals for whom a voter signs proof-of-residence oaths on election day. The
form must include space for the maximum number of individuals for whom a voter may
sign proof-of-residence oaths. For each proof-of-residence oath, the form must include
a statement that the voter is registered to vote in the precinct, personally knows that the
individual is a resident of the precinct, and is making the statement on oath. The form must
include a space for the voter's printed name, signature, telephone number, and address.

The oath required by this subdivision and Minnesota Rules, part 8200.9939, must be
attached to the voter registration application.

(b) The operator of a residential facility shall prepare a list of the names of its
employees currently working in the residential facility and the address of the residential
facility. The operator shall certify the list and provide it to the appropriate county auditor
no less than 20 days before each election for use in election day registration.

(c) "Residential facility" means transitional housing as defined in section 256E.33,
subdivision 1; a supervised living facility licensed by the commissioner of health under
section 144.50, subdivision 6; a nursing home as defined in section 144A.01, subdivision
5; a residence registered with the commissioner of health as a housing with services
establishment as defined in section 144D.01, subdivision 4; a veterans home operated by
the board of directors of the Minnesota Veterans Homes under chapter 198; a residence
licensed by the commissioner of human services to provide a residential program as
defined in section 245A.02, subdivision 14; a residential facility for persons with a
developmental disability licensed by the commissioner of human services under section
252.28; group residential housing as defined in section 256I.03, subdivision 3; a shelter
for battered women as defined in section 611A.37, subdivision 4; or a supervised
publicly or privately operated shelter or dwelling designed to provide temporary living
accommodations for the homeless.

(d) For tribal band members, an individual may prove residence for purposes of
registering by:

(1) presenting an identification card issued by the tribal government of a tribe
recognized by the Bureau of Indian Affairs, United States Department of the Interior, that
contains the name, address, signature, and picture of the individual; or

(2) presenting an identification card issued by the tribal government of a tribe
recognized by the Bureau of Indian Affairs, United States Department of the Interior, that
contains the name, signature, and picture of the individual and also presenting one of the
documents listed in Minnesota Rules, part 8200.5100, subpart 2, item B.

(e) A county, school district, or municipality may require that an election judge
responsible for election day registration initial each completed registration application.

Sec. 75.

Minnesota Statutes 2008, section 201.071, subdivision 1, is amended to read:

Subdivision 1.

Form.

A voter registration application must deleted text begin be of suitable size and
weight for mailing and deleted text end contain spaces for the following required information: voter's first
name, middle name, and last name; voter's previous name, if any; voter's current address;
voter's previous address, if any; voter's date of birth; voter's municipality and county of
residence; voter's telephone number, if provided by the voter; date of registration; current
and valid Minnesota driver's license number or Minnesota state identification number,
or if the voter has no current and valid Minnesota driver's license or Minnesota state
identification, new text begin and new text end the last four digits of the voter's Social Security number deleted text begin ; and voter's
signature deleted text end . The registration application may include the voter's e-mail address, if provided
by the voter, and the voter's interest in serving as an election judge, if indicated by the
voter. The application must also contain the following certification of voter eligibility:

"I certify that I:

(1) will be at least 18 years old on election day;

(2) am a citizen of the United States;

(3) will have resided in Minnesota for 20 days immediately preceding election day;

(4) maintain residence at the address given on the registration form;

(5) am not under court-ordered guardianship in which the court order revokes my
right to vote;

(6) have not been found by a court to be legally incompetent to vote;

(7) have the right to vote because, if I have been convicted of a felony, my felony
sentence has expired (been completed) or I have been discharged from my sentence; and

(8) have read and understand the following statement: that giving false information
is a felony punishable by not more than five years imprisonment or a fine of not more
than $10,000, or both."

The certification must include boxes for the voter to respond to the following
questions:

"(1) Are you a citizen of the United States?" and

"(2) Will you be 18 years old on or before election day?"

And the instruction:

"If you checked 'no' to either of these questions, do not complete this form."

The form of the voter registration application and the certification of voter eligibility
must be as provided in this subdivision and approved by the secretary of state. Voter
registration forms authorized by the National Voter Registration Act must also be accepted
as valid. The federal postcard application form must also be accepted as valid if it is not
deficient and the voter is eligible to register in Minnesota.

An individual may use a voter registration application to apply to register to vote in
Minnesota or to change information on an existing registration.

new text begin A paper voter registration application must include space for the voter's signature.
Paper voter registration applications, other than those used for election day registration,
must be of suitable size and weight for mailing.
new text end

Sec. 76.

Minnesota Statutes 2008, section 201.091, is amended by adding a subdivision
to read:

new text begin Subd. 5a. new text end

new text begin Registration confirmation to registered voter. new text end

new text begin The secretary of state
must ensure that the secretary of state's Web site is capable of providing voter registration
confirmation to a registered voter. An individual requesting registration confirmation must
provide the individual's name, address, and date of birth. If the information provided by
the individual completely matches an active voter record in the statewide voter registration
system, the Web site must inform the individual that the individual is a registered voter and
must provide the individual with the individual's polling place location. If the information
provided by the individual does not completely match an active voter record in the
statewide voter registration system, the Web site must inform the individual that a voter
record with that name and date of birth at the address provided cannot be confirmed and the
Web site must advise the individual to contact the county auditor for further information.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is not effective until the secretary of state has
certified that the Web site has been tested, has been shown to properly retrieve information
from the correct voter's record, and can handle the expected volume of use.
new text end

Sec. 77.

Minnesota Statutes 2008, section 211B.37, is amended to read:

211B.37 COSTS ASSESSED.

Except as otherwise provided in section 211B.36, subdivision 3, deleted text begin the chief
administrative law judge shall assess deleted text end the cost of considering complaints filed under section
211B.32 deleted text begin as provided in this section. Costs of complaints relating to a statewide ballot
question or an election for a statewide or legislative office deleted text end must be assessed against the
appropriation from the general fund to the deleted text begin general account of the state elections campaign
fund deleted text end new text begin Office of Administrative Hearings new text end in section 10A.31, subdivision 4. deleted text begin Costs of
complaints relating to any other ballot question or elective office must be assessed against
the county or counties in which the election is held. Where the election is held in more
than one county, the chief administrative law judge shall apportion the assessment among
the counties in proportion to their respective populations within the election district to
which the complaint relates according to the most recent decennial federal census.
deleted text end

Sec. 78.

new text begin [270C.145] TECHNOLOGY LEASE-PURCHASE APPROPRIATION.
new text end

new text begin $2,117,000 is appropriated annually from the general fund to the commissioner
to make payments under a lease-purchase agreement as defined in section 16A.81 for
completing the purchase and development of an integrated tax software package; provided
that the state is not obligated to continue the appropriation of funds or to make lease
payments in any future fiscal year. Any unexpended portions of this appropriation cancel
to the general fund at the close of each biennium. This section expires June 30, 2019.
new text end

Sec. 79.

Minnesota Statutes 2008, section 471.345, subdivision 15, is amended to read:

Subd. 15.

Cooperative purchasing.

new text begin (a) Municipalities may contract for the
purchase of supplies, materials, or equipment by utilizing contracts that are available
through the state's cooperative purchasing venture authorized by section 16C.11 whenever
practicable and cost-effective.
new text end

new text begin (b) Unless required to utilize the state's cooperative purchasing venture under
paragraph (a), new text end a municipality may contract for the purchase of supplies, materials, or
equipment without regard to the competitive bidding requirements of this section if the
purchase is through a national municipal association's purchasing alliance or cooperative
created by a joint powers agreement that purchases items from more than one source on
the basis of competitive bids or competitive quotations.

Sec. 80.

Minnesota Statutes 2008, section 473.142, is amended to read:

473.142 SMALL BUSINESSES.

(a) The Metropolitan Council and agencies specified in section 473.143, subdivision
1, may award up to a six percent preference in the amount bid for specified goods or
services to small targeted group businesses new text begin and service-disabled veteran-owned small
businesses new text end designated under section 16C.16.

(b) The council and each agency specified in section 473.143, subdivision 1,
may designate a purchase of goods or services for award only to small targeted group
businesses designated under section 16C.16 if the council or agency determines that at
least three small targeted group businesses are likely to bid. new text begin The council and each agency
specified in section 473.143, subdivision 1, may designate a purchase of goods or services
for award only to service-disabled veteran-owned small businesses designated under
section 16C.16 if the council or agency determines that at least three service-disabled
veteran-owned small businesses are likely to bid. new text end

(c) The council and each agency specified in section 473.143, subdivision 1, as a
condition of awarding a construction contract or approving a contract for consultant,
professional, or technical services, may set goals that require the prime contractor
to subcontract a portion of the contract to small targeted group businesses new text begin and
service-disabled veteran-owned small businesses new text end designated under section 16C.16. The
council or agency must establish a procedure for granting waivers from the subcontracting
requirement when qualified small targeted group businesses new text begin and service-disabled
veteran-owned small businesses new text end are not reasonably available. The council or agency
may establish financial incentives for prime contractors who exceed the goals for use of
subcontractors and financial penalties for prime contractors who fail to meet goals under
this paragraph. The subcontracting requirements of this paragraph do not apply to prime
contractors who are small targeted group businesses new text begin and service-disabled veteran-owned
small businesses new text end . At least 75 percent of the value of the subcontracts awarded to small
targeted group businesses under this paragraph must be performed by the business to
which the subcontract is awarded or by another small targeted group business. new text begin At least
75 percent of the value of the subcontracts awarded to service-disabled veteran-owned
small businesses under this paragraph must be performed by the business to which the
subcontract is awarded or another service-disabled veteran-owned small business. new text end

(d) The council and each agency listed in section 473.143, subdivision 1, are
encouraged to purchase from small targeted group businesses new text begin and service-disabled
veteran-owned small businesses new text end designated under section 16C.16 when making purchases
that are not subject to competitive bidding procedures.

(e) The council and each agency may adopt rules to implement this section.

(f) Each council or agency contract must require the prime contractor to pay any
subcontractor within ten days of the prime contractor's receipt of payment from the
council or agency for undisputed services provided by the subcontractor. The contract
must require the prime contractor to pay interest of 1-1/2 percent per month or any
part of a month to the subcontractor on any undisputed amount not paid on time to the
subcontractor. The minimum monthly interest penalty payment for an unpaid balance of
$100 or more is $10. For an unpaid balance of less than $100, the prime contractor shall
pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil
action to collect interest penalties from a prime contractor must be awarded its costs and
disbursements, including attorney fees, incurred in bringing the action.

(g) This section does not apply to procurement financed in whole or in part
with federal funds if the procurement is subject to federal disadvantaged, minority, or
women business enterprise regulations. The council and each agency shall report to the
commissioner of administration on compliance with this section. The information must be
reported at the time and in the manner requested by the commissioner.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009, and applies to
procurement contract bid solicitations issued on and after that date.
new text end

Sec. 81.

Laws 2005, chapter 156, article 2, section 45, as amended by Laws 2007,
chapter 148, article 2, section 73, is amended to read:

Sec. 45. SALE OF STATE LAND.

Subdivision 1.

State land sales.

The commissioner of administration shall
coordinate with the head of each department or agency having control of state-owned land
to identify and sell at least $6,440,000 of state-owned land. Sales should be completed
according to law and as provided in this section as soon as practicable but no later than
June 30, deleted text begin 2009 deleted text end new text begin 2011 new text end . Notwithstanding Minnesota Statutes, sections 16B.281 and 16B.282,
94.09 and 94.10, or any other law to the contrary, the commissioner may offer land
for public sale by only providing notice of lands or an offer of sale of lands to state
departments or agencies, the University of Minnesota, cities, counties, towns, school
districts, or other public entities.

Subd. 2.

Anticipated savings.

Notwithstanding Minnesota Statutes, section
94.16, subdivision 3, or other law to the contrary, the amount of the proceeds from the
sale of land under this section that exceeds the actual expenses of selling the land must
be deposited in the general fund, except as otherwise provided by the commissioner of
finance. Notwithstanding Minnesota Statutes, section 94.11 or 16B.283, the commissioner
of finance may establish the timing of payments for land purchased under this section. If
the total of all money deposited into the general fund from the proceeds of the sale of land
under this section is anticipated to be less than $6,440,000, the governor must allocate the
amount of the difference as reductions to general fund operating expenditures for other
executive agencies for the biennium ending June 30, deleted text begin 2009 deleted text end new text begin 2011 new text end .

Subd. 3.

Sale of state lands revolving loan fund.

$290,000 is appropriated from
the general fund in fiscal year 2006 to the commissioner of administration for purposes
of paying the actual expenses of selling state-owned lands to achieve the anticipated
savings required in this section. From the gross proceeds of land sales under this section,
the commissioner of administration must cancel the amount of the appropriation in this
subdivision to the general fund by June 30, deleted text begin 2009 deleted text end new text begin 2011 new text end .

Sec. 82.

Laws 2005, chapter 162, section 34, subdivision 2, is amended to read:

Subd. 2.

Optical scan equipment.

$6,000,000 is appropriated from the Help
America Vote Act account to the secretary of state for grants to counties to purchase
optical scan voting equipment. Counties are eligible for grants to the extent that they
decide to purchase ballot marking machines and as a result do not have sufficient Help
America Vote Act grant money remaining to also purchase a compatible precinct-based
optical scan machine or central-count machine. These grants must be allocated to counties
at a rate of $3,000 per eligible precinct until the appropriation is exhausted, with priority
in the payment of grants to be given to counties currently using hand- and central-count
voting systems and counties using precinct-count optical scan voting systems incompatible
with assistive voting systems or ballot marking machines. This appropriation is available
until June 30, deleted text begin 2009 deleted text end new text begin 2012 new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 30, 2009.
new text end

Sec. 83.

Laws 2007, chapter 131, article 2, section 22, is amended to read:

Sec. 22. PRIVATE SALE OF SURPLUS STATE LAND; HENNEPIN
COUNTY.

(a) Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner
of natural resources may sell by private sale to a governmental subdivision the surplus
land that is described in paragraph (c).

(b) The conveyance must be in a form approved by the attorney general. The
attorney general may make necessary changes to the legal description to correct errors and
ensure accuracy. The commissioner deleted text begin may deleted text end new text begin must new text end sell the land to a governmental subdivision
of the state for deleted text begin less than the value of the land as determined by the commissioner deleted text end new text begin no
consideration under the conditions and provisions described in paragraph (e) new text end , but the
conveyance must provide that the land described in paragraph (c) be used for the public
and reverts to the state if the governmental subdivision fails to provide for public use
or abandons the public use of the land. The commissioner may include conservation
restrictions in the conveyance deed to ensure the property is maintained as open space.

(c) The land that may be sold is located in Hennepin County and is described
as follows:

(1) the Northwest Quarter of Southwest Quarter, Section 36, Township 120 North,
Range 22 West, less road right-of-way, containing 39 acres, more or less;

(2) the east six and two-thirds acres of the West Half of the Southeast Quarter
of the Southwest Quarter, Section 36, Township 120 North, Range 22 West, less road
right-of-way, containing 6.67 acres, more or less; and

(3) the West Quarter of the East Half of the Southeast Quarter of the Southwest
Quarter, Section 36, Township 120 North, Range 22 West, less road right-of-way,
containing 4.87 acres, more or less.

(d) The land was conveyed to the state for wild game reservation purposes. Due
to adjacent residential use and local zoning restrictions, the land is no longer available
for hunting purposes. The Department of Natural Resources has determined that the
state's land management interests would best be served if the lands were conveyed to a
local unit of government.

new text begin (e) The payment in lieu to Hennepin County as provided under Minnesota Statutes,
sections 477A.11 to 477A.145, will be reduced by $18,750 for the amounts payable in
each of calendar years 2009 and 2010.
new text end

Sec. 84.

Laws 2007, chapter 148, article 2, section 79, is amended to read:

Sec. 79. TRAINING SERVICES.

During the biennium ending June 30, deleted text begin 2009 deleted text end new text begin 2011 new text end , state executive branch agencies
must consider using services provided by government training services before contracting
with other outside vendors for similar services.

Sec. 85. new text begin CASH FLOW STUDY.
new text end

new text begin By January 15, 2010, the commissioner of finance must submit to the chair of the
Finance Committee in the senate and the chair of the Ways and Means Committee in the
house of representatives, a report on the cash flow condition of the general fund for the
fiscal year 2010-2011 biennium and the following biennium, including an assessment of
the options for improving the long-term cash flow of the state through changes in the
timing of general fund payment dates, revenue collections, or other changes. In addition,
the report should identify all major provisions of law that result in state expenditures or
revenues being recognized in budget documents in a fiscal year earlier or later than the
fiscal year in which the obligation to pay state expenses was incurred or the liability
to pay state taxes was incurred.
new text end

Sec. 86. new text begin STATE EMPLOYEES' PERSONAL HEALTH RECORDS; CRITERIA.
new text end

new text begin (a) The system that the commissioner of finance selects to provide electronic
personal health records under Laws 2007, chapter 148, article 2, section 78, must meet the
following criteria:
new text end

new text begin (1) be interoperable and compliant with the ASTM International's Continuum of
Care Record standards and the Continuity of Care Document standards;
new text end

new text begin (2) provide consumer-owned records that are portable among plans, employers,
and providers;
new text end

new text begin (3) not be tethered to or affiliated with a specific health plan or provider;
new text end

new text begin (4) support management, storing, and sharing of complete health history information,
including but not limited to, medical conditions, medication history, surgeries, medical
procedures, immunizations, lab results, radiology reports, health directives, and other
medical records;
new text end

new text begin (5) provide employees the ability to share their health data electronically with health
providers and others and give them flexibility and control over which specific health
data is shared;
new text end

new text begin (6) enable each employee to manage multiple personal health record accounts for
family members under the employee's account;
new text end

new text begin (7) provide a range of consumer engagement and decision support tools, such as
online provider directories and health care cost management tools;
new text end

new text begin (8) support integration of third-party applications, such as health risk assessments
and wellness and incentive programs; and
new text end

new text begin (9) provide that participation in the system is voluntary for each employee.
new text end

new text begin (b) The commissioner of finance must contract with a vendor that demonstrates
the following:
new text end

new text begin (1) a plan and ability to provide Minnesota consumers access to data on prescription
history, immunizations, lab and radiology results, and other medical records;
new text end

new text begin (2) an ability to provide online consumer-owned health records to all Minnesotans;
new text end

new text begin (3) a plan to serve rural and underserved communities; and
new text end

new text begin (4) a commitment to providing Minnesota-based staff for onsite assistance in
planning and participation in securing and integrating health data from multiple sources
for consumers.
new text end

new text begin (c) The selected system must not permit ad-serving cookies, tracking of clicked
links, and server log commercial data mining without the express consent of the consumer.
The selected system must require the same privacy terms for all linked services and must
not share aggregate, de-identified information without express consent from the consumer.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 87. new text begin COLOCATION REPORT.
new text end

new text begin The Management Analysis Division of the Department of Finance must study and
report to the legislature by January 15, 2010, on possible colocation of the offices of the
Council on Black Minnesotans, the Council on Affairs of Chicano/Latino People, the
Council on Asian-Pacific Minnesotans, and the metropolitan area office of the Indian
Affairs Council. The report must include analysis of potential cost savings, when those
savings could be realized, and the effect of potential colocation on operations of the
councils.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 88. new text begin NO TRANSFER OF EQB DUTIES OR STAFF.
new text end

new text begin During the biennium ending June 30, 2011, the executive branch may not use
authority under Minnesota Statutes, section 16B.37 or any other authority to transfer
powers, duties, or personnel associated with the Environmental Quality Board.
new text end

Sec. 89. new text begin ACCOUNTING AND PROCUREMENT SYSTEMS.
new text end

new text begin The commissioner of finance must consult with the chairs of the house of
representatives Ways and Means Committee and senate Finance Committee before
encumbering any funds appropriated for use on or after July 1, 2009, for the planning,
development, and implementation of state accounting or procurement systems. No funds
appropriated for these purposes may be spent unless the commissioner certifies that the
systems will include an application programming interface that allows public access to the
system's underlying data on state contracts, appropriations, and expenditures using an open
format. In developing the public access system, the commissioner must consult with the
commissioner of administration and the director of the Office of Enterprise Technology to
ensure that the design and operation of the system are done in compliance with Minnesota
Statutes, chapter 13, Minnesota Statutes, section 138.17, and other laws governing data
practices, including but not limited to, ensuring that government data in the system are
easily accessible for convenient use by the public, ensuring that only public data are placed
on the Web site, and preparing and following retention schedules for data in the system.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 90. new text begin RACING LICENSE FEE RATIFICATION.
new text end

new text begin The license fees in Minnesota Rules, part 7877.0120, are ratified by this act.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 91. new text begin TECHNOLOGY LEASE-PURCHASE AUTHORIZATION.
new text end

new text begin Subdivision 1. new text end

new text begin Lease-purchase agreements. new text end

new text begin The commissioner of finance shall
enter into one or more lease-purchase agreements as defined in Minnesota Statutes, section
16A.81, to finance the two projects in subdivisions 2 and 3.
new text end

new text begin Subd. 2. new text end

new text begin Replacement of state's accounting and procurement systems.
new text end

new text begin Proceeds of lease-purchase agreements and the issuance and sale of related certificates
of participation are appropriated to the commissioner of finance for development and
implementation of a new statewide accounting and procurement system.
new text end

new text begin Subd. 3. new text end

new text begin Completion of integrated tax system. new text end

new text begin Proceeds of lease-purchase
agreements and the issuance and sale of related certificates of participation are appropriated
to the commissioner of revenue for completing the purchase and implementation of an
integrated tax software package.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 92. new text begin LRT MITIGATION IMPACTS IN CAPITOL AREA.
new text end

new text begin The Metropolitan Council must include mitigation of impacts in the Capitol Area
not addressed in the project baseline in preliminary engineering and the final design for
the Central Corridor Light Rail Transit Line. The Metropolitan Council must include the
construction of mitigation elements not addressed in the project baseline in the Central
Corridor Light Rail Transit bid packages as add-alternates. Proceeding with construction
of these add-alternates will be subject to availability of an appropriation in the 2010
legislative session for this purpose. The Capitol Area Architectural and Planning Board
and the Department of Administration, in consultation with the Metropolitan Council, shall
determine impacts not addressed in the project baseline that require mitigation. By January
15, 2010, the Metropolitan Council must report to the chairs of the house of representatives
Capital Investment Finance Division, the senate Capital Investment committee, and the
house of representatives and senate Finance and Transportation Committees the estimated
cost to mitigate the impacts not addressed in the project baseline.
new text end

Sec. 93. new text begin ENTERPRISE REAL PROPERTY CONTRIBUTIONS.
new text end

new text begin On or before June 1, 2009, the commissioner of administration shall determine the
amount to be contributed by each executive agency to maintain the enterprise real property
technology system for the fiscal year 2010 and fiscal year 2011 biennium. On or before
June 15, 2009, each executive agency shall enter into an agreement with the commissioner
of administration setting forth the manner in which the executive agency shall make its
contribution to the enterprise real property system, either from uncommitted fiscal year
2009 funds or by contributing from fiscal year 2010 and fiscal year 2011 funds to the real
property enterprise system and services account to fund the total amount of $1,688,000 for
the biennium. Funds contributed under this section must be credited to the enterprise real
property technology system and services account.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 94. new text begin RENTAL COST SAVINGS.
new text end

new text begin The commissioner of administration must report to the legislature by January 15,
2010, on savings in state agency costs for rental space in state-owned and state-leased
buildings that can be achieved by expected decreases in agency complement and that could
be achieved by encouraging or requiring increased telecommuting by state employees.
The report must estimate savings by agency and by fund, and must estimate when these
savings can be realized.
new text end

Sec. 95. new text begin TRANSFER OF ASSETS, EMPLOYEES, EQUIPMENT, AND
SUPPLIES.
new text end

new text begin The existing funds, assets, employees, equipment, and supplies of the Land
Management Information Center are transferred to the Minnesota Geospatial Information
Office according to Minnesota Statutes, section 15.039.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 96. new text begin INFORMATION TECHNOLOGY STUDY.
new text end

new text begin The chief information officer of the Office of Enterprise Technology, in consultation
with heads of other executive agencies, must report to the legislature by January 15, 2010,
on a plan to transfer from other state agencies to the Office of Enterprise Technology state
employees whose work primarily relates to development, upgrading, replacement, problem
resolution, or maintenance of state data centers, system software, data networks, and office
systems. The report must include an estimate of the number of employees who would be
transferred, an estimate of enterprise costs savings, an analysis of potential improvements
in operations, and a proposed transition plan and schedule. This section does not apply to
the Minnesota State Colleges and Universities or to employees of constitutional offices.
new text end

Sec. 97. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin In the next edition of Minnesota Statutes and Minnesota Rules, the revisor of
statutes shall substitute the term "Land Management Information Center" with the term
"Minnesota Geospatial Information Office," wherever they appear in Minnesota Statutes
and Minnesota Rules.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 98. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin In the next and subsequent edition of Minnesota Statutes, the revisor of statutes must
delete the word "Tennessen" from the headnote of Minnesota Statutes, section 13.04,
subdivision 2; must delete the word "Lessard" from Minnesota Statutes, section 97A.056,
and other places in Minnesota Statutes where this word appears; and must delete the words
"Douglas J. Johnson" from Minnesota Statutes, sections 298.291 to 298.298.
new text end

Sec. 99. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2008, sections 16C.046; and 645.44, subdivision 19, new text end new text begin are
repealed.
new text end

new text begin (b) new text end new text begin Minnesota Statutes 2008, section 4A.05, new text end new text begin is repealed.
new text end

new text begin (c) new text end new text begin Minnesota Statutes 2008, section 116G.151, new text end new text begin is repealed.
new text end

new text begin (d) new text end new text begin Minnesota Statutes 2008, section 240A.08, new text end new text begin is repealed.
new text end

ARTICLE 3

SECRETARY OF STATE

Section 1.

new text begin [5.001] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin As used in this chapter, the terms defined in this
section have the meanings given them.
new text end

new text begin Subd. 2. new text end

new text begin Business entity. new text end

new text begin "Business entity" means an organization that is formed
under chapters 300, 301, 302A, 303, 308, 308A, 308B, 315, 317, 317A, 318, 319, 319A,
321, 322A, 322B, 323, or 323A and that has filed documents with the secretary of state.
new text end

new text begin Subd. 3. new text end

new text begin Business entity filings. new text end

new text begin "Business entity filings" means any filing from a
business entity and also includes filings made under chapter 333.
new text end

new text begin Subd. 4. new text end

new text begin Bulk data. new text end

new text begin "Bulk data" means data that has commercial value and is a
substantial or discrete portion of or an entire formula, pattern, compilation, program,
device, method, technique, process, database, or system.
new text end

Sec. 2.

new text begin [5.002] E-MAIL ADDRESSES.
new text end

new text begin The secretary of state is authorized to provide a field on each of the forms and on
each online entry screen, used to file business entity filings, Uniform Commercial Code
records, and central notification system filings, for the collection of an e-mail address to
which the secretary of state can forward official notices required by law and other notices
to the business entity, assumed name, or the person filing the uniform commercial code or
central notification system record. The e-mail address may be updated by or on behalf of
the business entity by sending a notification of the change to the secretary of state. No
fee shall be charged for an e-mail address update. If requested by the business entity,
the e-mail address provided to the secretary of state pursuant to this section must not
be provided as bulk data.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective 30 days after the secretary of state
certifies that the information systems of the Office of the Secretary of State have been
modified to implement this section.
new text end

Sec. 3.

Minnesota Statutes 2008, section 5.12, subdivision 1, is amended to read:

Subdivision 1.

Fees.

The secretary of state shall charge a fee of $5 for each
certificate or certification of a copy new text begin or electronically transmitted image new text end of any document
filed in the Office of the Secretary of State. The secretary of state shall charge a fee of
$3 for a copy new text begin or electronically transmitted image new text end of an original deleted text begin filing of a corporation,
limited partnership, assumed name, or trade or service mark deleted text end new text begin business entity filing new text end . The
secretary of state shall charge a fee of $3 for a copy of deleted text begin any or all deleted text end new text begin each new text end subsequent deleted text begin filings of
a corporation, limited partnership, assumed name, or trade or service mark deleted text end new text begin business entity
filing new text end . The secretary of state shall charge a fee of deleted text begin $1 per page for copies deleted text end new text begin $3 for a copy new text end of
new text begin any new text end other deleted text begin nonuniform commercial code documents deleted text end new text begin document new text end filed with the secretary of
state. At the time of filing, the secretary of state may provide at the public counter, without
charge, a copy of a filing, ten or fewer pages in length, to the person making the filing.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective 30 days after the secretary of state
certifies that the information systems of the Office of the Secretary of State have been
modified to implement this section.
new text end

Sec. 4.

Minnesota Statutes 2008, section 5.29, is amended to read:

5.29 deleted text begin BULK AGENT NAME AND ADDRESS CHANGES deleted text end new text begin GLOBAL FILINGS new text end .

deleted text begin The filing fee charged for filing an amendment is charged for each document
filed deleted text end new text begin (a) new text end When a registered agent new text begin for multiple business entities files an instrument that
new text end changes its name or office address deleted text begin pursuant to sections 302A.123, subdivision 3; 303.10;
308A.025, subdivision 5; 317A.123, subdivision 3; 318.02; and 322B.135, subdivision
3; and chapters 321; 323; and 323A, but the cumulative fee shall not exceed $10,000 for
entities governed by the provisions of chapters 302A, 303, 308A, 317A, 318, 322A, 322B,
323, and 323A deleted text end new text begin , the change for each business entity must be filed online as a separate
transaction, and a separate filing fee charged new text end .

new text begin (b) When a secured party wishes to file an amendment to a financing statement
making a change in secured party or debtor name and address information, each
amendment must be filed online as a separate transaction and a separate filing fee charged.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective 30 days after the secretary of state
certifies that the information systems of the Office of the Secretary of State have been
modified to implement this section.
new text end

Sec. 5.

Minnesota Statutes 2008, section 5.32, is amended to read:

5.32 TEMPORARY TECHNOLOGY SURCHARGE.

Subdivision 1.

Surcharge.

For fiscal years 2008 deleted text begin and deleted text end new text begin , new text end 2009 new text begin , 2010, and 2011 new text end , the
following technology surcharges are imposed on the filing fees required under the
following statutes:

(1) $25 for articles of incorporation filed under section 302A.151;

(2) $25 for articles of organization filed under section 322B.17;

(3) $25 for applications for certificates of authority to transact business in Minnesota
filed under section 303.06;

(4) $20 for annual reports filed by non-Minnesota corporations under section
303.14; and

(5) $50 for reinstatements to authority to transact business in Minnesota filed under
section 303.19.

Subd. 2.

Deposit.

The surcharges listed in subdivision 1 shall be deposited into the
uniform commercial code account.

Subd. 3.

Expiration.

This section expires June 30, deleted text begin 2009 deleted text end new text begin 2011 new text end .

new text begin EFFECTIVE DATE. new text end

new text begin The amendments to this section are effective the day
following final enactment.
new text end

Sec. 6.

new text begin [5.34] ANNUAL RENEWAL FILINGS.
new text end

new text begin Any business registered with the secretary of state required to file an annual renewal
in order to maintain its active status, good standing, or existence under Minnesota Statutes
shall file that renewal, whether online or otherwise, in a format that states:
new text end

new text begin (1) the name in Minnesota of the organization for which the renewal is filed;
new text end

new text begin (2) the name of the organization in the jurisdiction in which it is organized, if
different;
new text end

new text begin (3) the address of the registered office or designated office and the name of the
registered agent of the organization for service of process, if any;
new text end

new text begin (4) the jurisdiction in which the organization is organized, if that jurisdiction is
not Minnesota;
new text end

new text begin (5) the name and business address of the officer or other person exercising the
principal functions of the president of a nonprofit corporation, manager of a limited
liability company, or chief executive officer of a corporation or cooperative;
new text end

new text begin (6) the address of the principal executive office of a domestic business corporation
or of a limited liability company or the principal place of business of a cooperative, if
different from the registered office address;
new text end

new text begin (7) the address of the designated office and the name, street, and mailing address of
the agent for service of process in Minnesota of a limited partnership or foreign limited
partnership;
new text end

new text begin (8) the street and mailing address of the principal office of a limited partnership;
new text end

new text begin (9) the street and mailing address of the chief executive office of a partnership and, if
different, the street address of an office of a partnership in Minnesota, if any;
new text end

new text begin (10) the name, street, mailing address, and telephone number of an individual
who may be contacted for purposes other than services of process on behalf of a
limited partnership or a limited liability partnership, if the agent for the limited liability
partnership, limited partnership, or foreign limited partnership is not an individual; and
new text end

new text begin (11) the e-mail address of the organization to which notices from the secretary of
state will be directed, if the organization has an e-mail address.
new text end

Sec. 7.

Minnesota Statutes 2008, section 5A.06, is amended to read:

5A.06 COMPLAINTS.

The secretary of state may, upon receipt of a complaint regarding an international
student exchange organization, report the matter to the organization involved, deleted text begin the United
States Information Agency, deleted text end new text begin the Office of Exchange Coordination and Designation, United
States Department of State, new text end or the Council on Standards for International Educational
Travel, as the secretary of state considers appropriate. new text begin The secretary may also investigate
complaints received to determine if the issue raised is limited to one high school or if there
are more systemic problems with placements made by a particular organization. An
organization's registration automatically terminates if the organization fails to remain in
compliance with local, state, and federal statutes and regulations.
new text end

Sec. 8.

Minnesota Statutes 2008, section 270C.63, subdivision 13, is amended to read:

Subd. 13.

Lien search fees.

Upon request of any person, the filing officer shall issue
a certificate showing whether there is recorded in that filing office, on the date and hour
stated in the certificate, any notice of lien or certificate or notice affecting any lien filed on
or after ten years before the date of the search certificate, naming a particular person, and
giving the date and hour of filing of each notice or certificate naming the person. The fee
for a certificate shall be as provided by section 336.9-525 or 357.18, subdivision 1, clause
(3). Upon request, the filing officer shall furnish a copy of any notice of state lien, or
notice or certificate affecting a state lien, for a fee of deleted text begin 50 cents deleted text end new text begin $1 new text end per page new text begin , except that after
the effective date of section 5.12, subdivision 1, that section shall govern the fee charged
by the secretary of state for a copy or electronically transmitted image new text end .

Sec. 9.

Minnesota Statutes 2008, section 302A.821, is amended to read:

302A.821 MINNESOTA CORPORATE deleted text begin REGISTRATION deleted text end new text begin RENEWAL new text end .

Subdivision 1.

Annual deleted text begin registration deleted text end new text begin renewal new text end .

(a) The secretary of state deleted text begin must deleted text end new text begin may new text end
send annually to each corporation deleted text begin at the registered office of the corporation a postcard deleted text end new text begin ,
using the information provided by the corporation pursuant to section 5.002 or 5.34 or
the articles of incorporation, a new text end notice announcing the need to file the annual deleted text begin registration deleted text end
new text begin renewal new text end and informing the corporation that the annual deleted text begin registration deleted text end new text begin renewal new text end may be filed
online and that paper filings may also be made, and informing the corporation that failing
to file the annual deleted text begin registration deleted text end new text begin renewal new text end will result in an administrative dissolution of the
corporation.

(b) Each calendar year beginning in the calendar year following the calendar year
in which a corporation incorporates, the corporation must file with the secretary of state
by December 31 of each calendar year a deleted text begin registration deleted text end new text begin renewal new text end containing the information
listed in subdivision 2.

Subd. 2.

Information required; manner of filing.

The deleted text begin registration must include: deleted text end new text begin
filing must be made pursuant to section 5.34.
new text end

deleted text begin (1) the name of the corporation;
deleted text end

deleted text begin (2) the address of its principal executive office, if different from the registered
office address;
deleted text end

deleted text begin (3) the address of its registered office and the name of the registered agent, if any;
deleted text end

deleted text begin (4) the state of incorporation; and
deleted text end

deleted text begin (5) the name and business address of the officer or other person exercising the
principal functions of the chief executive officer of the corporation.
deleted text end

deleted text begin Subd. 3. deleted text end

deleted text begin Information public. deleted text end

deleted text begin The information required by subdivision 2 is public
data. Chapter 13 does not apply to this information.
deleted text end

Subd. 4.

Penalty; reinstatement.

(a) A corporation that has failed to file a
deleted text begin registration pursuant to the requirements of subdivision 2 deleted text end new text begin renewal complying with section
5.34 new text end must be dissolved by the secretary of state as described in paragraph (b).

(b) If the corporation has not filed the deleted text begin registration deleted text end new text begin renewal new text end during any calendar year,
the secretary of state must issue a certificate of administrative dissolution and the certificate
must be filed in the Office of the Secretary of State. The secretary of state must make
available in an electronic format the names of the dissolved corporations. A corporation
dissolved in this manner is not entitled to the benefits of section 302A.781. The liability, if
any, of the shareholders of a corporation dissolved in this manner shall be determined and
limited in accordance with section 302A.557, except that the shareholders shall have no
liability to any director of the corporation under section 302A.559, subdivision 2.

(c) After administrative dissolution, filing a deleted text begin registration deleted text end new text begin renewal complying with
section 5.34 new text end and the $25 fee with the secretary of state:

(1) returns the corporation to good standing as of the date of the dissolution;

(2) validates contracts or other acts within the authority of the articles, and the
corporation is liable for those contracts or acts; and

(3) restores to the corporation all assets and rights of the corporation to the extent
they were held by the corporation before the dissolution occurred, except to the extent that
assets or rights were affected by acts occurring after the dissolution or sold or otherwise
distributed after that time.

Sec. 10.

Minnesota Statutes 2008, section 303.14, is amended to read:

303.14 ANNUAL deleted text begin REPORT deleted text end new text begin RENEWAL new text end .

Subdivision 1.

deleted text begin Filed with secretary of state; contents deleted text end new text begin Notice; filing new text end .

Each calendar
year beginning in the calendar year following the calendar year in which a corporation
receives a certificate of authority to do business in Minnesota, the secretary of state
deleted text begin must mail by first class mail an annual registration form to the registered office of each
corporation as shown on the records of the secretary of state. The form must include the
following deleted text end new text begin may send to the corporation, using the information provided by the corporation
pursuant to section 5.002 or 5.34 or the application for certificate of authority, a new text end notice deleted text begin : deleted text end new text begin
announcing the need to file the annual renewal and informing the corporation that the
annual renewal may be filed online and that paper filings may also be made, and informing
the corporation that failing to file the annual renewal will result in an administrative
dissolution or revocation of certificate of authority to do business in Minnesota.
new text end

deleted text begin "NOTICE: Failure to file this form by December 31 of this year will result in the
revocation of the authority of this corporation to transact business in Minnesota without
further notice from the secretary of state, pursuant to Minnesota Statutes, section 303.17."
deleted text end

The corporation will submit a $115 fee with the annual deleted text begin registration deleted text end new text begin renewal new text end and will
set forth on the form deleted text begin : deleted text end new text begin the items required by section 5.34.
new text end

deleted text begin (1) the name of the corporation, and, if the corporation has designated an alternate
name pursuant to section 303.05, subdivision 1, that alternate name;
deleted text end

deleted text begin (2) the name of the registered agent of the corporation in Minnesota;
deleted text end

deleted text begin (3) the address of its registered office;
deleted text end

deleted text begin (4) the state of incorporation; and
deleted text end

deleted text begin (5) the name and business address of the officer or other person exercising the
principal functions of the chief executive officer of the corporation.
deleted text end

Sec. 11.

Minnesota Statutes 2008, section 303.16, subdivision 4, is amended to read:

Subd. 4.

Approval; filing.

The application for withdrawal shall be delivered to
the secretary of state. Upon receiving and examining the same, and upon finding that it
conforms to the provisions of this chapter, the secretary of state shall, when all license
fees, filing fees, and other charges new text begin other than the fee required by section 303.14 new text end have been
paid as required by law, file the same and shall issue and record a certificate of withdrawal.
Upon the issuance of the certificate, the authority of the corporation to transact business
in this state shall cease.

Sec. 12.

Minnesota Statutes 2008, section 308A.995, is amended to read:

308A.995 deleted text begin PERIODIC REGISTRATION deleted text end new text begin ANNUAL RENEWAL new text end .

Subdivision 1.

deleted text begin Periodic registration in certain years deleted text end new text begin Annual renewal new text end .

Each
cooperative governed by this chapter must file deleted text begin a periodic registration deleted text end new text begin an annual renewal new text end
with the secretary of state in each deleted text begin odd-numbered deleted text end new text begin calendar new text end year new text begin following the calendar year
in which the cooperative was incorporated new text end . deleted text begin In these years, deleted text end The secretary of state deleted text begin must deleted text end
deleted text begin mail by first class mail a registration form to the registered office of each cooperative as
shown on the records of the secretary of state, or if no such address is in the records, to
the location of the principal place of business shown on the records of the secretary of
state. The form must include the following notice: deleted text end new text begin may send annually to the cooperative,
using the information provided by the cooperative pursuant to section 5.002 or 5.34 or
the articles of incorporation, a notice announcing the need to file the annual renewal and
informing the cooperative that the annual renewal may be filed online and that paper
filings may also be made, and informing the cooperative that failing to file the annual
renewal will result in an administrative dissolution of the cooperative.
new text end

deleted text begin "NOTICE: Failure to file this form by December 31 of this year will result in the
dissolution of this cooperative without further notice from the secretary of state, pursuant
to Minnesota Statutes, section 308A.995, subdivision 4, paragraph (b)."
deleted text end

Subd. 2.

Minnesota cooperative deleted text begin registration deleted text end new text begin renewal new text end form.

In each calendar year
in which a deleted text begin registration deleted text end new text begin renewal new text end is to be filed, a cooperative must file with the secretary of
state deleted text begin a registration deleted text end new text begin an annual renewal new text end by December 31 of that calendar year containing deleted text begin : deleted text end new text begin
the items required by section 5.34.
new text end

deleted text begin (1) the name of the cooperative;
deleted text end

deleted text begin (2) the address of its registered office;
deleted text end

deleted text begin (3) the address of its principal place of business, if different from the registered
office address; and
deleted text end

deleted text begin (4) the name and business address of the officer or other person exercising the
principal functions of the chief executive officer of the cooperative.
deleted text end

deleted text begin Subd. 3. deleted text end

deleted text begin Information public. deleted text end

deleted text begin The information required by subdivision 1 is public
data.
deleted text end

Subd. 4.

Penalty; dissolution.

(a) A cooperative that has failed to file a deleted text begin registration deleted text end new text begin
renewal new text end pursuant to the requirements of this section by December 31 of the calendar year
for which the deleted text begin registration deleted text end new text begin renewal new text end was required must be dissolved by the secretary of
state as described in paragraph (b).

(b) If the cooperative has not filed the deleted text begin registration deleted text end new text begin renewal new text end by December 31 of that
calendar year, the secretary of state must issue a certificate of involuntary dissolution, and
the certificate must be filed in the Office of the Secretary of State. The secretary of state
must make available in an electronic format the names of the dissolved cooperatives. A
cooperative dissolved in this manner is not entitled to the benefits of section 308A.981.

Subd. 5.

Reinstatement.

A cooperative may retroactively reinstate its existence
by filing a single annual deleted text begin registration deleted text end new text begin renewal new text end and paying a $25 fee. Filing the annual
deleted text begin registration deleted text end new text begin renewal new text end with the secretary of state:

(1) returns the cooperative to active status as of the date of the dissolution;

(2) validates contracts or other acts within the authority of the articles, and the
cooperative is liable for those contracts or acts; and

(3) restores to the cooperative all assets and rights of the cooperative and its
shareholders or members to the extent they were held by the cooperative and its
shareholders or members before the dissolution occurred, except to the extent that
assets or rights were affected by acts occurring after the dissolution or sold or otherwise
distributed after that time.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective 30 days after the secretary of state
certifies that the information systems of the Office of the Secretary of State have been
modified to implement this section.
new text end

Sec. 13.

Minnesota Statutes 2008, section 308B.121, subdivision 1, is amended to read:

Subdivision 1.

deleted text begin Periodic registration in certain years deleted text end new text begin Annual renewal new text end .

Each
cooperative governed by this chapter deleted text begin and each foreign cooperative registered under
section 308B.151 deleted text end must file deleted text begin a periodic registration deleted text end new text begin an annual renewal new text end with the secretary
of state deleted text begin with the initial articles and any amendment of the articles deleted text end in each deleted text begin odd-numbered deleted text end new text begin
calendar new text end year new text begin after the calendar year in which the cooperative incorporated new text end . deleted text begin In these years, deleted text end
The secretary of state deleted text begin must mail by first class mail a registration form to the registered
office of each cooperative and registered foreign cooperative as shown in the records of
the secretary of state, or if no such address is in the records, to the location of the principal
place of business shown in the records of the secretary of state. For a cooperative, the
form must include the following notice: deleted text end new text begin may send annually to each cooperative, using the
information provided by the cooperative pursuant to section 5.002 or 5.34 or the articles of
organization, a notice announcing the need to file the annual renewal and informing the
cooperative that the annual renewal may be filed online and that paper filings may also
be made, and informing the cooperative that failing to file the annual renewal will result
in an administrative dissolution.
new text end

deleted text begin "NOTICE: Failure to file this form by December 31 of this year will result in the
dissolution of this cooperative without further notice from the secretary of state, under
Minnesota Statutes, section 308B.121, subdivision 4, paragraph (b)."
deleted text end

deleted text begin For a foreign cooperative, the form must contain the following notice:
deleted text end

deleted text begin "NOTICE: Failure to file this form by December 31 of this year will result in the
loss of good standing and the authority to do business in Minnesota."
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective 30 days after the secretary of state
certifies that the information systems of the Office of the Secretary of State have been
modified to implement this section.
new text end

Sec. 14.

Minnesota Statutes 2008, section 308B.121, subdivision 2, is amended to read:

Subd. 2.

deleted text begin Registration deleted text end new text begin Renewal new text end form.

In each calendar year in which a deleted text begin registration deleted text end new text begin
renewal new text end is to be filed, a cooperative must file with the secretary of state deleted text begin a registration deleted text end by
December 31 of that calendar year new text begin a renewal new text end containing deleted text begin : deleted text end new text begin the items required by section
5.34.
new text end

deleted text begin (1) the name of the cooperative;
deleted text end

deleted text begin (2) the address of its registered office;
deleted text end

deleted text begin (3) the address of its principal place of business, if different from the registered
office address; and
deleted text end

deleted text begin (4) the name and business address of the officer or other person exercising the
principal functions of the chief executive officer of the cooperative.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective 30 days after the secretary of state
certifies that the information systems of the Office of the Secretary of State have been
modified to implement this section.
new text end

Sec. 15.

Minnesota Statutes 2008, section 317A.823, is amended to read:

317A.823 ANNUAL CORPORATE deleted text begin REGISTRATION deleted text end new text begin RENEWAL new text end .

Subdivision 1.

Annual deleted text begin registration deleted text end new text begin renewal new text end .

(a) The secretary of state deleted text begin must deleted text end new text begin may new text end
send annually to each corporation deleted text begin at the registered office of the corporation deleted text end new text begin , using the
information provided by the corporation pursuant to section 5.002 or 5.34 or the articles of
incorporation, new text end a deleted text begin postcard deleted text end notice announcing the need to file the annual deleted text begin registration deleted text end new text begin renewal
new text end and informing the corporation that the annual deleted text begin registration deleted text end new text begin renewal new text end may be filed online and
that paper filings may also be made, and informing the corporation that failing to file the
annual deleted text begin registration deleted text end new text begin renewal new text end will result in an administrative dissolution of the corporation.

(b) Each calendar year beginning in the calendar year following the calendar year
in which a corporation incorporates, a corporation must file with the secretary of state
by December 31 of each calendar year a registration containing the information deleted text begin listed
in paragraph (c) deleted text end new text begin required by section 5.34 new text end .

deleted text begin (c) The registration must include:
deleted text end

deleted text begin (1) the name of the corporation;
deleted text end

deleted text begin (2) the address of its registered office;
deleted text end

deleted text begin (3) the name of its registered agent, if any; and
deleted text end

deleted text begin (4) the name and business address of the officer or other person exercising the
principal functions of president of the corporation.
deleted text end

Subd. 2.

Penalty.

(a) A corporation that has failed to file a deleted text begin registration deleted text end new text begin renewal
new text end pursuant to deleted text begin the requirements of deleted text end subdivision 1 must be dissolved by the secretary of state
as described in paragraph (b).

(b) If the corporation has not filed the delinquent deleted text begin registration deleted text end new text begin renewal new text end , the secretary
of state must issue a certificate of involuntary dissolution, and the certificate must be filed
in the Office of the Secretary of State. The secretary of state must also make available in
an electronic format the names of the dissolved corporations. A corporation dissolved in
this manner is not entitled to the benefits of section 317A.781.

Sec. 16.

Minnesota Statutes 2008, section 321.0206, is amended to read:

321.0206 DELIVERY TO AND FILING OF RECORDS BY SECRETARY OF
STATE; EFFECTIVE TIME AND DATE.

(a) A record authorized or required to be delivered to the secretary of state for filing
under this chapter must be captioned to describe the record's purpose, be in a medium
permitted by the secretary of state, and be delivered to the secretary of state. Unless the
secretary of state determines that a record does not comply with the filing requirements
of this chapter, and if the appropriate filing fees have been paid, the secretary of state
shall file the record and:

(1) for a statement of dissociation, send:

(A) a copy of the filed statement to the person which the statement indicates has
dissociated as a general partner; and

(B) a copy of the filed statement to the limited partnership;

(2) for a statement of withdrawal, send:

(A) a copy of the filed statement to the person on whose behalf the record was
filed; and

(B) if the statement refers to an existing limited partnership, a copy of the filed
statement to the limited partnership; and

(3) for all other records, send a copy of the filed record to the person on whose
behalf the record was filed.

(b) Upon request and payment of a fee, the secretary of state shall send to the
requester a certified copy of the requested record.

(c) Except as otherwise provided in sections 321.0116 and 321.0207, a record
delivered to the secretary of state for filing under this chapter may specify an effective
time and a delayed effective date. Except as otherwise provided in this chapter, a record
filed by the secretary of state is effective:

(1) if the record does not specify an effective time and does not specify a delayed
effective date, on the date and at the time the record is filed as evidenced by the secretary
of state's endorsement of the date and time on the record;

(2) if the record specifies an effective time but not a delayed effective date, on the
date the record is filed at the time specified in the record;

(3) if the record specifies a delayed effective date but not an effective time, at 12:01
a.m. on the earlier of:

(A) the specified date; or

(B) the 30th day after the record is filed; or

(4) if the record specifies an effective time and a delayed effective date, at the
specified time on the earlier of:

(A) the specified date; or

(B) the 30th day after the record is filed.

(d) The appropriate fees for filings under this chapter are:

(1) for filing a certificate of limited partnership, $100;

(2) for filing an amended certificate of limited partnership, $50;

new text begin (3) for filing a name reservation for a limited partnership name, $35;
new text end

deleted text begin (3) deleted text end new text begin (4) new text end for filing any other record, other than the annual deleted text begin report deleted text end new text begin renewal new text end required by
section 321.0210, for which no fee must be charged, required or permitted to be delivered
for filing, $ deleted text begin 35 deleted text end new text begin 50 new text end ;

deleted text begin (4) deleted text end new text begin (5) new text end for filing a certificate requesting authority to transact business in Minnesota
as a foreign limited partnership, $ deleted text begin 85 deleted text end new text begin 100 new text end ;

deleted text begin (5) deleted text end new text begin (6) new text end for filing an application of reinstatement, $25;

deleted text begin (6) deleted text end new text begin (7) new text end for filing a name reservation for a foreign limited partnership name, $35; and

deleted text begin (7) deleted text end new text begin (8) new text end for filing any other record, other than the annual deleted text begin report deleted text end new text begin renewal new text end required by
section 321.0210, for which no fee must be charged, required or permitted to be delivered
for filing on a foreign limited partnership authorized to transact business in Minnesota,
$50.

Sec. 17.

Minnesota Statutes 2008, section 321.0210, is amended to read:

321.0210 ANNUAL deleted text begin REPORT deleted text end new text begin RENEWAL new text end FOR SECRETARY OF STATE.

(a) Subject to subsection (b):

(1) in each calendar year following the calendar year in which a limited partnership
becomes subject to this chapter, the limited partnership must deliver to the secretary of
state for filing an annual deleted text begin registration deleted text end new text begin renewal new text end containing the information required by
subsection (c); and

(2) in each calendar year following the calendar year in which there is first on file
with the secretary of state a certificate of authority under section 321.0904 pertaining to a
foreign limited partnership, the foreign limited partnership must deliver to the secretary
of state for filing an annual deleted text begin registration deleted text end new text begin renewal new text end containing the information required by
subsection (c).

(b) A limited partnership's obligation under subsection (a) ends if the limited
partnership delivers to the secretary of state for filing a statement of termination under
section 321.0203 and the statement becomes effective under section 321.0206. A foreign
limited partnership's obligation under subsection (a) ends if the secretary of state issues
and files a certificate of revocation under section 321.0906 or if the foreign limited
partnership delivers to the secretary of state for filing a notice of cancellation under
section 321.0907(a) and that notice takes effect under section 321.0206. If a foreign
limited partnership's obligations under subsection (a) end and later the secretary of state
files, pursuant to section 321.0904, a new certificate of authority pertaining to that foreign
limited partnership, subsection (a)(2), again applies to the foreign limited partnership and,
for the purposes of subsection (a)(2), the calendar year of the new filing is treated as the
calendar year in which a certificate of authority is first on file with the secretary of state.

(c) The annual deleted text begin registration deleted text end new text begin renewal new text end must contain deleted text begin : deleted text end new text begin the items required by section 5.34.
new text end

deleted text begin (1) the name of the limited partnership or foreign limited partnership;
deleted text end

deleted text begin (2) the address of its designated office and the name and street and mailing address
of its agent for service of process in Minnesota and, if the agent is not an individual, the
name, street and mailing address, and telephone number of an individual who may be
contacted for purposes other than service of process with respect to the limited partnership;
deleted text end

deleted text begin (3) in the case of a limited partnership, the street and mailing address of its principal
office; and
deleted text end

deleted text begin (4) in the case of a foreign limited partnership, the name of the state or other
jurisdiction under whose law the foreign limited partnership is formed and any alternate
name adopted under section 321.0905(a).
deleted text end

(d) The secretary of state shall:

(1) administratively dissolve under section 321.0809 a limited partnership that has
failed to file a deleted text begin registration deleted text end new text begin renewal new text end pursuant to subsection (a); and

(2) revoke under section 321.0906 the certificate of authority of a foreign limited
partnership that has failed to file a deleted text begin registration deleted text end new text begin renewal new text end pursuant to subsection (a).

Sec. 18.

Minnesota Statutes 2008, section 321.0810, is amended to read:

321.0810 REINSTATEMENT FOLLOWING ADMINISTRATIVE
DISSOLUTION.

(a) A limited partnership that has been administratively dissolved new text begin or a foreign
limited partnership that has had its certificate of authority revoked new text end may deleted text begin apply to the
secretary of state for reinstatement deleted text end new text begin reinstate new text end after the effective date of dissolution. deleted text begin The
application deleted text end new text begin To reinstate, the annual renewal required by section 5.34 new text end must be delivered to
the secretary of state for filing deleted text begin and state: deleted text end new text begin with the reinstatement fee of $25.
new text end

deleted text begin (1) the name of the limited partnership and the effective date of its administrative
dissolution;
deleted text end

deleted text begin (2) that the grounds for dissolution either did not exist or have been eliminated; and
deleted text end

deleted text begin (3) that the limited partnership's name satisfies the requirements of section 321.0108.
deleted text end

deleted text begin The application must also include any documents that were required to be delivered
for filing to the secretary of state but which were not so delivered.
deleted text end

(b) If the secretary of state determines that deleted text begin an application deleted text end new text begin an annual renewal new text end contains
the information required by subsection (a) and that the information is correct and deleted text begin the
application includes deleted text end new text begin is accompanied by new text end the appropriate fee, the secretary of state shall file
the deleted text begin reinstatement application and serve the limited partnership with a copy deleted text end new text begin renewal and
reinstate the limited partnership or foreign limited partnership new text end .

(c) When reinstatement becomes effective, it relates back to and takes effect as of the
effective date of the administrative dissolution new text begin or revocation new text end and the limited partnership
may resume its activities as if the administrative dissolution new text begin or revocation new text end had never
occurred, except that for the purposes of section 321.0103(c) and (d) the reinstatement
is effective only as of the date the reinstatement is filed.

Sec. 19.

Minnesota Statutes 2008, section 322B.960, is amended to read:

322B.960 ANNUAL deleted text begin REGISTRATION deleted text end new text begin RENEWAL new text end .

Subdivision 1.

Annual deleted text begin registration deleted text end new text begin renewal new text end form.

(a) The secretary of state
deleted text begin must deleted text end new text begin may new text end send annually to each limited liability company deleted text begin at the registered office of the
corporation a postcard deleted text end new text begin , using the information provided by the limited liability company
pursuant to section 5.002 or 5.34 or the articles of organization, a new text end notice announcing the
need to file the annual deleted text begin registration deleted text end new text begin renewal new text end and informing the limited liability company
that the annual deleted text begin registration deleted text end new text begin renewal new text end may be filed online and that paper filings may also be
made, and informing the limited liability company that failing to file the annual deleted text begin registration deleted text end
new text begin renewal new text end will result in an administrative termination of the limited liability company new text begin or the
revocation of the authority of the limited liability company to do business in Minnesota new text end .

(b) Each calendar year beginning in the calendar year following the calendar year in
which a limited liability company files articles of organization, a limited liability company
must file with the secretary of state by December 31 of each calendar year a deleted text begin registration deleted text end
new text begin renewal new text end containing the deleted text begin information listed in subdivision 2 deleted text end new text begin items required by section 5.34 new text end .

deleted text begin Subd. 2. deleted text end

deleted text begin Information required; fees. deleted text end

deleted text begin The registration must include:
deleted text end

deleted text begin (1) the name of the limited liability company or the name under which a foreign
limited liability company has registered in this state;
deleted text end

deleted text begin (2) the address of its principal executive office, if different from the registered
address;
deleted text end

deleted text begin (3) the address of its registered office;
deleted text end

deleted text begin (4) the name of its registered agent, if any;
deleted text end

deleted text begin (5) the state or jurisdiction of organization; and
deleted text end

deleted text begin (6) the name and business address of the manager or other person exercising the
principal functions of the chief manager of the limited liability company.
deleted text end

Subd. 4.

Penalty.

(a) A domestic limited liability company that has not filed
a deleted text begin registration deleted text end new text begin renewal new text end pursuant to deleted text begin the requirements of subdivision 2, deleted text end new text begin this section new text end is
administratively terminated. The secretary of state shall issue a certificate of administrative
termination which must be filed in the office of the secretary of state. The secretary of
state must also make available in an electronic format the names of the terminated limited
liability companies.

(b) A non-Minnesota limited liability company that has not filed a deleted text begin registration deleted text end
new text begin renewal new text end pursuant to deleted text begin the requirements of subdivision 2, deleted text end new text begin this section new text end shall have its authority
to do business in Minnesota revoked. The secretary of state must issue a certificate of
revocation which must be filed in the Office of the Secretary of State. The secretary
of state must also make available in an electronic format the names of the revoked
non-Minnesota limited liability companies.

Subd. 5.

Reinstatement.

If a limited liability company is administratively
terminated or has its authority to do business in Minnesota revoked, it may retroactively
reinstate its existence or authority to do business by filing a single annual deleted text begin registration deleted text end
new text begin renewal new text end and paying a $25 fee.

(a) For a domestic limited liability company, filing the annual deleted text begin registration deleted text end new text begin renewal
new text end with the secretary of state:

(1) returns the limited liability company to active status as of the date of the
administrative termination;

(2) validates contracts or other acts within the authority of the articles, and the
limited liability company is liable for those contracts or acts; and

(3) restores to the limited liability company all assets and rights of the limited
liability company and its members to the extent they were held by the limited liability
company and its members before the administrative termination occurred, except to the
extent that assets or rights were affected by acts occurring after the termination, sold, or
otherwise distributed after that time.

(b) For a non-Minnesota limited liability company, filing the annual deleted text begin registration deleted text end
new text begin renewal new text end restores the limited liability company's ability to do business in Minnesota and
the rights and privileges which accompany that authority.

Sec. 20.

Minnesota Statutes 2008, section 323A.1003, is amended to read:

323A.1003 ANNUAL deleted text begin REGISTRATION deleted text end new text begin RENEWAL new text end .

(a) Each calendar year beginning in the calendar year following the calendar year
in which a partnership files a statement of qualification or in which a foreign partnership
becomes authorized to transact business in this state, the secretary of state deleted text begin must mail by
first class mail an annual registration form to the street address of the partnership's chief
executive office, if located in Minnesota, the office in this state, if the chief executive
office is not located in Minnesota, or address of the registered agent of the partnership
as shown on the records of the secretary of state when the chief executive office is not
located in Minnesota and no other Minnesota office exists deleted text end new text begin may send annually to the
partnership or foreign partnership, using the information provided by the limited liability
partnership pursuant to section 5.002 or 5.34 or the limited liability partnership statement
of qualification, a notice new text end . The deleted text begin form must include the following deleted text end notice deleted text begin : deleted text end new text begin will announce the
need to file the annual renewal and will inform the partnership or foreign partnership that
the annual renewal may be filed online and that paper filings may also be made and that
new text end deleted text begin "NOTICE: deleted text end failure to file deleted text begin this form deleted text end new text begin the notice new text end by December 31 deleted text begin of this year deleted text end will result
in the revocation of the statement of qualification of this limited liability partnership new text begin . new text end
deleted text begin without further notice from the secretary of state pursuant to Minnesota Statutes, section
323A.1003, subsection (d)."
deleted text end

(b) A limited liability partnership, and a foreign limited liability partnership
authorized to transact business in this state, shall file an annual deleted text begin registration deleted text end new text begin renewal new text end in the
office of the secretary of state which contains deleted text begin : deleted text end new text begin the information required by section 5.34.
new text end

deleted text begin (1) the name of the limited liability partnership and the state or other jurisdiction
under whose laws the foreign limited liability partnership is formed;
deleted text end

deleted text begin (2) the street address, including the zip code, of the partnership's chief executive
office and, if different, the street address, including the zip code, of an office of the
partnership in this state, if any;
deleted text end

deleted text begin (3) if the partnership does not have an office in this state, the name and street address,
including the zip code, of the partnership's current agent for service of process; and
deleted text end

deleted text begin (4) if the agent for service of process under clause (3) is not an individual, the name,
street address, and telephone number of an individual who may be contacted for purposes
other than service of process with respect to the limited liability partnership.
deleted text end

(c) An annual deleted text begin registration deleted text end new text begin renewal new text end must be filed once each calendar year beginning
in the year following the calendar year in which a partnership files a statement of
qualification or a foreign partnership becomes authorized to transact business in this state.

(d) The secretary of state must revoke the statement of qualification of a partnership
that fails to file an annual deleted text begin registration deleted text end new text begin renewal new text end when due or pay the required filing fee. The
secretary of state must issue a certificate of revocation which must be filed in the office
of the secretary of state. The secretary of state must also make available in an electronic
format the names of the revoked limited liability companies.

(e) A revocation under subsection (d) only affects a partnership's status as a limited
liability partnership and is not an event of dissolution of the partnership.

(f) A partnership whose statement of qualification has been revoked may apply
to the secretary of state for reinstatement deleted text begin within one year after the effective date of
the revocation deleted text end . A partnership must file an annual deleted text begin registration deleted text end new text begin renewal new text end to apply for
reinstatement and pay a reinstatement fee of deleted text begin $135 deleted text end new text begin $160 new text end .

(g) A reinstatement under subsection (f) relates back to and takes effect as of
the effective date of the revocation, and the partnership's status as a limited liability
partnership continues as if the revocation had never occurred.

Sec. 21.

Minnesota Statutes 2008, section 333.055, is amended to read:

333.055 TERM OF CERTIFICATE.

Subdivision 1.

Application and renewal.

Filing of a certificate hereunder shall be
effective deleted text begin for a term of ten years from the date of filing and upon application filed within
the six-month period prior to the expiration of such term or a renewal thereof, on a form
prescribed by the secretary of state, deleted text end new text begin upon filing and shall remain in effect as long as an
annual renewal for new text end the certificate deleted text begin may be renewed for additional ten-year terms. A renewal
fee as specified herein, payable to the secretary of state, shall accompany the application
for renewal. deleted text end new text begin is filed in each calendar year following the calendar year in which the original
filing was filed. The certificate expires in the calendar year following a calendar year in
which the annual renewal was not filed. Notice of the annual renewal requirement must be
provided to the person or entity submitting the certificate at the time of the original filing.
new text end

deleted text begin The secretary of state shall notify each business holding a certificate hereunder of
the necessity of renewal thereof by writing to the last known address of the business at
least six months prior to the certificate's expiration date.
deleted text end

new text begin Assumed name certificates on file with the secretary of state upon the effective
date of this section are exempt from the renewal requirements of this section until the
expiration of the original ten-year term.
new text end

Subd. 2.

deleted text begin Existing certificates deleted text end new text begin Reinstatement new text end .

Any assumed name certificate deleted text begin of
record in the district courts and in force on July 1, 1978 shall continue in force without
the necessity of another filing under section 333.01 until July 31, 1979, at which time all
such certificates shall expire unless renewed as hereinafter provided. Any certificate
may be renewed by filing an application with the secretary of state on a form prescribed
by the secretary and paying the renewal fee prescribed by subdivision 3 within the six
month period prior to the expiration of the certificate deleted text end new text begin that expires as a result of failing
to file the annual renewal may be reinstated by filing the annual renewal with the $25
reinstatement fee new text end .

new text begin Subd. 2a. new text end

new text begin Annual renewal; contents. new text end

new text begin The annual renewal filed under subdivision 1
must include the assumed name and the address of the principal place of business.
new text end

Subd. 3.

Fees.

The secretary of state shall charge and collect deleted text begin : deleted text end new text begin a fee of $30 for
each filing submitted with respect to an assumed name except for the annual renewal,
for which no fee will be charged.
new text end

deleted text begin (a) for the filing of each certificate or amended certificate of an assumed name - $25;
deleted text end

deleted text begin (b) certificate renewal fee - $25.
deleted text end

Subd. 4.

Secretary of state duties.

The secretary of state shall accept for filing all
certificates and renewals thereof which comply with the provisions of sections 333.001 to
333.06 and which are accompanied by the prescribed fees, notwithstanding the fact that
the assumed name disclosed therein may not be distinguishable from one or more other
assumed names already filed with the secretary of state. The secretary of state shall not
accept for filing a certificate that discloses an assumed name that is not distinguishable
from a corporate, limited liability company, limited liability partnership, cooperative, or
limited partnership name in use or reserved in this state by another or a trade or service
mark registered with the secretary of state, unless there is filed with the certificate a written
consent, court decree of prior right, or affidavit of nonuser of the kind required by section
302A.115, subdivision 1, clause (d). The secretary of state shall determine whether a name
is distinguishable from another name for purposes of this subdivision.

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin The amendments to this section are
effective 30 days after the secretary of state certifies that the information systems of the
Office of the Secretary of State have been modified to implement this section, and the
amendments to this section apply to all existing and new assumed name certificates on
and after that date.
new text end

Sec. 22.

Minnesota Statutes 2008, section 336A.04, subdivision 3, is amended to read:

Subd. 3.

Fees.

The fee for filing and indexing a standard form or format for a lien
notice, effective financing statement, or continuation statement, and stamping the date and
place of filing on a copy of the filed document furnished by the filing party is deleted text begin $15 until
June 30, 2005. Effective July 1, 2005, the fee for each filing will be deleted text end as follows:

(1) new text begin $20 for each effective financing statement and new text end $15 for each new text begin lien notice or new text end new text begin other new text end
filing made through the Web interface of the Office of the Secretary of State; deleted text begin and
deleted text end

(2) new text begin $25 for each effective financing statement and new text end $20 for each new text begin lien notice or new text end new text begin other new text end
filing submitted in any other manner deleted text begin . deleted text end new text begin ; and
new text end

new text begin (3) no fee will be charged for filing a termination statement.
new text end

Filing fees collected by a satellite office must be deposited in the general fund of the
county in which the satellite office is located.

Sec. 23.

Minnesota Statutes 2008, section 336A.09, subdivision 2, is amended to read:

Subd. 2.

Searches; fees.

(a) If a person makes a request, the filing officer shall
conduct a search of the computerized filing system for effective financing statements or
lien notices and statements of continuation of a particular debtor. The filing officer shall
produce a report including the date, time, and results of the search by issuing:

(1) a listing of the file number, date, and hour of each effective financing statement
found in the search and the names and addresses of each secured party on the effective
financing statements or of each lien notice found in the search and the names and address
of each lienholder on the lien notice; or

(2) upon request, both the report and photocopies of the effective financing
statements or lien notices.

(b) The uniform fee for conducting a search and for preparing a report is $20 per
debtor name. deleted text begin If an oral or facsimile response is requested, there is an additional fee of $5
per debtor name requested. deleted text end A fee deleted text begin of $1 per page deleted text end new text begin as set by section 5.12 new text end will be charged for
photocopies of effective financing statements, lien notices, continuation statements, or
termination statements.

(c) Search fees collected by a satellite office must be deposited in the general fund of
the county where the satellite office is located.

Sec. 24.

Minnesota Statutes 2008, section 359.01, subdivision 3, is amended to read:

Subd. 3.

Fees.

(a) When making application for a commission the applicant must
submit, along with the information required by the secretary of state, a nonrefundable
fee of $40.

(b) All fees shall be retained by the secretary of state and are nonreturnable, except
deleted text begin that deleted text end new text begin for new text end an overpayment of a fee deleted text begin is the subject of a refund upon proper application deleted text end .