4th Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to state government; the Office of the 1.3 Secretary of State; simplifying filing procedures; 1.4 eliminating certain filing requirements; regulating 1.5 notary appointments and commissions; appropriating 1.6 money; amending Minnesota Statutes 2002, sections 1.7 184.30; 302A.821, subdivisions 1, 2, 4; 308A.995, 1.8 subdivision 5; 317A.823, subdivision 1; 322B.960, 1.9 subdivisions 1, 2, 5; 325A.06, subdivision 1; 326.40, 1.10 subdivision 2; 326.48, subdivision 3; 330.01, 1.11 subdivision 1; 330.08; 330.09; 336.9-525; 340A.416, 1.12 subdivision 4; 359.01; 359.071; 398.10; Minnesota 1.13 Statutes 2003 Supplement, section 308B.121, 1.14 subdivision 5. 1.15 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.16 Section 1. Minnesota Statutes 2002, section 184.30, is 1.17 amended to read: 1.18 184.30 [BONDS.] 1.19 Subdivision 1. Every application for an employment 1.20 agency's license must be accompanied by a surety bond approved 1.21 by the department in the amount of $10,000 for each location. 1.22 The bond must be filed in the
Office of the Secretary of State1.23 department and conditioned that the employment agency and each 1.24 member, shareholder, director, or officer of a firm, 1.25 partnership, corporation, or association operating as an 1.26 employment agency will comply with the provisions of sections 1.27 184.21 to 184.40 and any contract made by the employment agent 1.28 in the conduct of the business. A person damaged by a breach of 1.29 any condition of the bond may bring an action on the bond, and 1.30 successive actions may be maintained on it. 2.1 Subd. 2. The secretary of state shall be paid a filing fee2.2 of $10.2.3 Sec. 2. Minnesota Statutes 2002, section 302A.821, 2.4 subdivision 1, is amended to read: 2.5 Subdivision 1. [ANNUAL REGISTRATION FORM.] (a) The 2.6 secretary of state must send annually to each corporation at the 2.7 registered office of the corporation a postcard notice 2.8 announcing the need to file the annual registration and 2.9 informing the corporation that the annual registration may be 2.10 filed on-line and that paper filings may also be made, and 2.11 informing the corporation that failing to file the annual 2.12 registration will result in an administrative dissolution of the 2.13 corporation. 2.14 (b) Each calendar year beginning in the calendar year 2.15 following the calendar year in which a corporation incorporates, 2.16 the corporation must file with the secretary of state must mail2.17 by first class mail an annual registration form to the2.18 registered office of each corporation as shown on the records of2.19 the secretary of state. The form must include the following2.20 notice:2.21 "NOTICE: Failure to file this form by December 31 of this2.22 year will result in this corporation losing its good standing2.23 without further notice from the secretary of state."by December 2.24 31 of each calendar year a registration containing the 2.25 information listed in subdivision 2. 2.26 Sec. 3. Minnesota Statutes 2002, section 302A.821, 2.27 subdivision 2, is amended to read: 2.28 Subd. 2. [INFORMATION REQUIRED; MANNER OF FILING.] A2.29 domestic corporation shall file with the secretary of state a2.30 registration by December 31 each calendar year containingThe 2.31 registration must include: 2.32 (a)(1) the name of the corporation; 2.33 (b)(2) the address of its principal executive office, if 2.34 different from the registered office address; 2.35 (c)(3) the address of its registered office and the name 2.36 of the registered agent, if any; 3.1 (d)(4) the state of incorporation; and 3.2 (e)(5) the name and business address of the officer or 3.3 other person exercising the principal functions of the chief 3.4 executive officer of the corporation. 3.5 Sec. 4. Minnesota Statutes 2002, section 302A.821, 3.6 subdivision 4, is amended to read: 3.7 Subd. 4. [PENALTY; REINSTATEMENT.] (a) A corporation that 3.8 has failed to file a registration pursuant to the requirements 3.9 of subdivision 2 must be dissolved by the secretary of state as 3.10 described in paragraph (b). 3.11 (b) If the corporation has not filed the registration for 3.12 threetwo consecutive calendar years, the secretary of 3.13 state must issue a certificate of administrative dissolution and 3.14 the certificate must be filed in the Office of the Secretary of 3.15 State. The secretary of state shall send by forwardable United3.16 States mailnotice to the registered office of thecorporation a3.17 postcard notifying the corporationthat the corporation will be3.18 has been dissolved if no registration is filed withand that the 3.19 corporation may be reinstated by filing a registration and a $25 3.20 fee pursuant to this section by the beginning of the following3.21 calendar year. The notice must be given by United States mail 3.22 unless the company has indicated to the secretary of state that 3.23 they are willing to receive notice by electronic notification, 3.24 in which case the secretary of state may give notice by mail or 3.25 the indicated means. The secretary of state shall annually 3.26 inform the attorney general and the commissioner of revenue of 3.27 the methods by which the names of corporations dissolved under 3.28 this section during the preceding year may be determined. The 3.29 secretary of state must also make available in an electronic 3.30 format the names of the dissolved corporations. A corporation 3.31 dissolved in this manner is not entitled to the benefits of 3.32 section 302A.781. The liability, if any, of the shareholders of 3.33 a corporation dissolved in this manner shall be determined and 3.34 limited in accordance with section 302A.557, except that the 3.35 shareholders shall have no liability to any director of the 3.36 corporation under section 302A.559, subdivision 2. 4.1 (c) After administrative dissolution, filing a registration 4.2 and the $25 fee with the secretary of state: 4.3 (1) returns the corporation to good standing as of the date 4.4 of the dissolution; 4.5 (2) validates contracts or other acts within the authority 4.6 of the articles, and the corporation is liable for those 4.7 contracts or acts; and 4.8 (3) restores to the corporation all assets and rights of 4.9 the corporation to the extent they were held by the corporation 4.10 before the dissolution occurred, except to the extent that 4.11 assets or rights were affected by acts occurring after the 4.12 dissolution or sold or otherwise distributed after that time. 4.13 Sec. 5. Minnesota Statutes 2002, section 308A.995, 4.14 subdivision 5, is amended to read: 4.15 Subd. 5. [REINSTATEMENT.] A cooperative may , within one4.16 year of the date of dissolution under this section,4.17 retroactively reinstate its existence by filing a single annual 4.18 registration and paying a $25 fee. Filing the annual 4.19 registration with the secretary of state: 4.20 (1) returns the cooperative to active status as of the date 4.21 of the dissolution; 4.22 (2) validates contracts or other acts within the authority 4.23 of the articles, and the cooperative is liable for those 4.24 contracts or acts; and 4.25 (3) restores to the cooperative all assets and rights of 4.26 the cooperative and its shareholders or members to the extent 4.27 they were held by the cooperative and its shareholders or 4.28 members before the dissolution occurred, except to the extent 4.29 that assets or rights were affected by acts occurring after the 4.30 dissolution or sold or otherwise distributed after that time. 4.31 Sec. 6. Minnesota Statutes 2003 Supplement, section 4.32 308B.121, subdivision 5, is amended to read: 4.33 Subd. 5. [REINSTATEMENT.] A cooperative may , within one4.34 year of the date of dissolution under this section,4.35 retroactively reinstate its existence by filing a single annual 4.36 registration and paying a $25 fee. Filing the annual 5.1 registration with the secretary of state: 5.2 (1) returns the cooperative to active status as of the date 5.3 of the dissolution; 5.4 (2) validates contracts or other acts within the authority 5.5 of the articles and the cooperative is liable for those 5.6 contracts or acts; and 5.7 (3) restores to the cooperative all assets and rights of 5.8 the cooperative and its shareholders or members to the extent 5.9 they were held by the cooperative and its shareholders or 5.10 members before the dissolution occurred, except to the extent 5.11 that assets or rights were affected by acts occurring after the 5.12 dissolution or sold or otherwise distributed after that time. 5.13 Sec. 7. Minnesota Statutes 2002, section 317A.823, 5.14 subdivision 1, is amended to read: 5.15 Subdivision 1. [ANNUAL REGISTRATION.] (a) The secretary of 5.16 state must send annually to each corporation at the registered 5.17 office of the corporation a postcard notice announcing the need 5.18 to file the annual registration and informing the corporation 5.19 that the annual registration may be filed on-line and that paper 5.20 filings may also be made, and informing the corporation that 5.21 failing to file the annual registration will result in an 5.22 administrative dissolution of the corporation. 5.23 (b) Except for corporations to which paragraph (c)(d) 5.24 applies, each calendar year beginning in the calendar year 5.25 following the calendar year in which a corporation incorporates, 5.26 a corporation must file with the secretary of state must mail by5.27 first class mail an annual registration form to the registered5.28 office of each corporation as shown on the records of the5.29 secretary of state. The form must include the following notice:5.30 "NOTICE: Failure to file this form by December 31 of this5.31 year will result in the dissolution of this corporation without5.32 further notice from the secretary of state, pursuant to5.33 Minnesota Statutes, section 317A.823, subdivision 2, paragraph5.34 (b)."by December 31 of each calendar year a registration 5.35 containing the information listed in paragraph (c). 5.36 (b) A nonprofit corporation must file with the secretary of6.1 state a(c) The registration by December 31 of each calendar6.2 year containingmust include: 6.3 (1) the name of the corporation; 6.4 (2) the address of its registered office; 6.5 (3) the name of its registered agent, if any; and 6.6 (4) the name and business address of the officer or other 6.7 person exercising the principal functions of president of the 6.8 corporation. 6.9 (c)(d) The timely filing of an annual financial report and 6.10 audit or an annual financial statement under section 69.051, 6.11 subdivision 1 or 1a, by a volunteer firefighter relief 6.12 association, as reflected in the notification by the state 6.13 auditor under section 69.051, subdivision 1c, constitutes 6.14 presentation of the corporate registration. The secretary of 6.15 state may reject the registration by the volunteer firefighter 6.16 relief association. Rejection must occur if the information 6.17 provided to the state auditor does not match the information in 6.18 the records of the secretary of state. The volunteer 6.19 firefighter relief association may amend the articles of 6.20 incorporation as provided in sections 317A.131 to 317A.151 so 6.21 that the information from the state auditor may be accepted for 6.22 filing. The timely filing of an annual financial report and 6.23 audit or an annual financial statement under section 69.051, 6.24 subdivision 1 or 1a, does not relieve the volunteer firefighter 6.25 relief association of the requirement to file amendments to the 6.26 articles of incorporation directly with the secretary of state. 6.27 Sec. 8. Minnesota Statutes 2002, section 322B.960, 6.28 subdivision 1, is amended to read: 6.29 Subdivision 1. [ANNUAL REGISTRATION FORM.] (a) The 6.30 secretary of state must send annually to each limited liability 6.31 company at the registered office of the corporation a postcard 6.32 notice announcing the need to file the annual registration and 6.33 informing the limited liability company that the annual 6.34 registration may be filed on-line and that paper filings may 6.35 also be made, and informing the limited liability company that 6.36 failing to file the annual registration will result in an 7.1 administrative termination of the limited liability company. 7.2 (b) Each calendar year beginning in the calendar year 7.3 following the calendar year in which a limited liability company 7.4 files articles of organization, a limited liability company must 7.5 file with the secretary of state must mail by first class mail7.6 an annual registration form to the registered office of each7.7 limited liability company as shown on the records of the7.8 secretary of state. The form must include the following notice:7.9 "NOTICE: Failure to file this form by December 31 of this7.10 year will result in the termination or revocation of this7.11 limited liability company without further notice from the7.12 secretary of state, pursuant to Minnesota Statutes, section7.13 322B.960."by December 31 of each calendar year a registration 7.14 containing the information listed in subdivision 2. 7.15 Sec. 9. Minnesota Statutes 2002, section 322B.960, 7.16 subdivision 2, is amended to read: 7.17 Subd. 2. [INFORMATION REQUIRED; FEES.] A domestic or7.18 foreign limited liability company must file with the secretary7.19 of state a registration by December 31 each calendar year7.20 beginning in the calendar year following the calendar year in7.21 which the limited liability company formed containingThe 7.22 registration must include: 7.23 (1) the name of the limited liability company or the name 7.24 under which a foreign limited liability company has registered 7.25 in this state; 7.26 (2) the address of its principal executive office, if 7.27 different from the registered address; 7.28 (3) the address of its registered office; 7.29 (4) the name of its registered agent, if any; 7.30 (5) the state or jurisdiction of organization; and 7.31 (6) the name and business address of the manager or other 7.32 person exercising the principal functions of the chief manager 7.33 of the limited liability company. 7.34 Sec. 10. Minnesota Statutes 2002, section 322B.960, 7.35 subdivision 5, is amended to read: 7.36 Subd. 5. [REINSTATEMENT.] If a limited liability company 8.1 is administratively terminated or has its authority to do 8.2 business in Minnesota revoked, it may retroactively reinstate 8.3 its existence or authority to do business by filing a single 8.4 annual registration and paying a $25 fee but only within one8.5 year of the date of the termination or revocation. 8.6 (a) For a domestic limited liability company, filing the 8.7 annual registration with the secretary of state: 8.8 (1) returns the limited liability company to active status 8.9 as of the date of the administrative termination; 8.10 (2) validates contracts or other acts within the authority 8.11 of the articles, and the limited liability company is liable for 8.12 those contracts or acts; and 8.13 (3) restores to the limited liability company all assets 8.14 and rights of the limited liability company and its members to 8.15 the extent they were held by the limited liability company and 8.16 its members before the administrative termination occurred, 8.17 except to the extent that assets or rights were affected by acts 8.18 occurring after the termination, sold, or otherwise distributed 8.19 after that time. 8.20 (b) For a non-Minnesota limited liability company, filing 8.21 the annual registration restores the limited liability company's 8.22 ability to do business in Minnesota and the rights and 8.23 privileges which accompany that authority. 8.24 Sec. 11. Minnesota Statutes 2002, section 325A.06, 8.25 subdivision 1, is amended to read: 8.26 Subdivision 1. Every invention developer rendering, 8.27 offering to render, or advertising invention development 8.28 services in this state shall maintain a continuous corporate 8.29 surety bond issued by a surety admitted to do business in this 8.30 state, and equal to either ten percent of the invention 8.31 developer's gross income from the invention development business 8.32 in this state during the invention developer's preceding fiscal 8.33 year, or $50,000, whichever is larger. A copy of the bond shall 8.34 be approved by and filed with the attorney general and filed8.35 with the secretary of statebefore the invention developer 8.36 renders, offers to render, or advertises invention development 9.1 services in this state. The secretary of stateattorney general 9.2 shall maintain a list of all outstanding bonds filed under this 9.3 subdivision. The invention developer shall have 90 days after 9.4 the end of each fiscal year within which to change the bond as 9.5 may be necessary to conform to the requirements of this 9.6 subdivision. 9.7 Sec. 12. Minnesota Statutes 2002, section 326.40, 9.8 subdivision 2, is amended to read: 9.9 Subd. 2. [BOND; INSURANCE.] Any person contracting to do 9.10 plumbing work must give bond to the state in the amount of 9.11 $25,000 for all work entered into within the state. The bond 9.12 shall be for the benefit of persons injured or suffering 9.13 financial loss by reason of failure to comply with the 9.14 requirements of the Plumbing Code. A bond given to the state 9.15 shall be filed with the secretary of statecommissioner of 9.16 health and shall be in lieu of all other bonds to any political 9.17 subdivision required for plumbing work. The bond shall be 9.18 written by a corporate surety licensed to do business in the 9.19 state. 9.20 In addition, each applicant for a master plumber license or 9.21 renewal thereof, may provide evidence of public liability 9.22 insurance, including products liability insurance with limits of 9.23 at least $50,000 per person and $100,000 per occurrence and 9.24 property damage insurance with limits of at least $10,000. The 9.25 insurance shall be written by an insurer licensed to do business 9.26 in the state of Minnesota and each licensed master plumber shall 9.27 maintain on file with the state commissioner of health a 9.28 certificate evidencing the insurance providing that the 9.29 insurance shall not be canceled without the insurer first giving 9.30 15 days written notice to the commissioner. The term of the 9.31 insurance shall be concurrent with the term of the license. The 9.32 certificate shall be in lieu of all other certificates required 9.33 by any political subdivision for licensing purposes. 9.34 Sec. 13. Minnesota Statutes 2002, section 326.48, 9.35 subdivision 3, is amended to read: 9.36 Subd. 3. [BOND.] The applicant for a high pressure piping 10.1 business license or renewal shall give bond to the state in the 10.2 total penal sum of $15,000 conditioned upon the faithful and 10.3 lawful performance of all work entered upon within the state. 10.4 The bond shall run to and be for the benefit of persons injured 10.5 or suffering financial loss by reason of failure of payment or 10.6 performance. Claims and actions on the bond may be brought 10.7 according to sections 574.26 to 574.38. 10.8 The term of the bond must be concurrent with the term of 10.9 the high pressure pipefitting business license and run without 10.10 interruption from the date of the issuance of the license to the 10.11 end of the calendar year. All high pressure pipefitting 10.12 business licenses must be annually renewed on a calendar year 10.13 basis. 10.14 The bond must be filed with the secretary of state10.15 Department of Labor and Industry and shall be in lieu of any 10.16 other business license bonds required by any political 10.17 subdivision for high pressure pipefitting. The bond must be 10.18 written by a corporate surety licensed to do business in the 10.19 state. 10.20 Sec. 14. Minnesota Statutes 2002, section 330.01, 10.21 subdivision 1, is amended to read: 10.22 Subdivision 1. (a) The county auditor may license any 10.23 person having the qualifications specified in clause (b) of this 10.24 subdivision as an auctioneer. The license shall be issued by 10.25 the auditor and shall authorize the licensee to conduct the 10.26 business of an auctioneer in the state of Minnesota for the 10.27 period of one year. It shall be recorded by the auditor in a 10.28 book kept for that purpose. Before the license is issued the 10.29 applicant shall pay into the county treasury a fee of $20. The10.30 auditor shall, not later than the 15th day of the following10.31 month, transmit a copy of the license to the secretary of state10.32 together with $10 of the fee, which shall be deposited in the10.33 general fund.10.34 (b) A natural person is qualified to be licensed as an 10.35 auctioneer if 18 years of age or over and a resident of the 10.36 county of application for at least six months immediately 11.1 preceding the date of application. No copartnership, 11.2 association or corporation may be licensed as an auctioneer. 11.3 However, nothing in this subdivision shall be construed as 11.4 preventing auctioneers who are duly licensed in accordance with 11.5 the provisions of this chapter, from combining in associations, 11.6 copartnerships, or corporations, provided that each and every 11.7 member of these associations or copartnerships and each and 11.8 every person or agent conducting auction sales on behalf of 11.9 these corporations is a duly licensed auctioneer as provided in 11.10 this chapter. Nothing herein shall be construed to apply to the 11.11 owner of property for at least six months selling it at an 11.12 auction. 11.13 Sec. 15. Minnesota Statutes 2002, section 330.08, is 11.14 amended to read: 11.15 330.08 [ADVERTISEMENTS.] 11.16 All advertisements of auction sales shall carry the name or 11.17 names, address or addresses, and the license number or numbers 11.18 of the auctioneer or auctioneers conducting said sales. The11.19 secretary of state shall prescribe a numbering system for such11.20 licenses, which shall be applied to all current licenses on or11.21 before September 1, 1969, and which shall provide a number for11.22 each license different from all others in the state, which shall11.23 be retained from year to year by each such licensee who shall11.24 reapply. The secretary of state shall notify each county11.25 auditor as to numbers assigned, the county auditor shall record11.26 the same and notify each licensee, and shall assign a number to11.27 each new licensee as directed by the secretary of state.The 11.28 license number must be assigned by the county auditor and must 11.29 be a seven-digit number, the first two digits of which must be 11.30 the county number, the next two digits of which must be the last 11.31 two digits of the calendar year in which the license was issued 11.32 and the last three digits of which must start at 001 at the 11.33 beginning of each calendar year and indicate the order in which 11.34 the license was filed. 11.35 Sec. 16. Minnesota Statutes 2002, section 330.09, is 11.36 amended to read: 12.1 330.09 [NOTIFICATION OF CHANGE OF ADDRESS.] 12.2 Notice in writing shall be given to the auditor of the 12.3 county where licensed by each licensee of any change of address, 12.4 whereupon the auditor shall issue a duplicate license showing 12.5 the licensee's new address for which a fee of $3 shall be paid 12.6 into the county treasury. The auditor shall notify the12.7 secretary of state of a change in address.A change of address, 12.8 without notification to the auditor, shall result in the 12.9 automatic cancellation of any license theretofore issued after 12.10 the expiration of 30 days from the date of such change of 12.11 address. 12.12 Sec. 17. Minnesota Statutes 2002, section 336.9-525, is 12.13 amended to read: 12.14 336.9-525 [FEES.] 12.15 (a) [INITIAL FINANCING STATEMENT OR OTHER RECORD: GENERAL 12.16 RULE.] Except as otherwise provided in subsection (d), the fee 12.17 for filing and indexing a record under this part delivered on 12.18 paper is $20 and for a record delivered by any electronic means 12.19 is $15. 12.20 (b) [NUMBER OF NAMES.] The number of names required to be 12.21 indexed does not affect the amount of the fee in subsection (a). 12.22 (c) [RESPONSE TO INFORMATION REQUEST.] The fee for 12.23 responding to a request for information from the filing office, 12.24 including for issuing a certificate showing whether there is on 12.25 file any financing statement naming a particular 12.26 debtor, delivered on paper is $20 and for a record delivered by 12.27 any electronic means is $15. 12.28 (d) [RECORD OF MORTGAGE.] This section does not require a 12.29 fee with respect to a record of a mortgage which is effective as 12.30 a financing statement filed as a fixture filing or as a 12.31 financing statement covering as-extracted collateral or timber 12.32 to be cut under section 336.9-502(c). However, the recording 12.33 and satisfaction fees that otherwise would be applicable to the 12.34 record of the mortgage apply. 12.35 Sec. 18. Minnesota Statutes 2002, section 340A.416, 12.36 subdivision 4, is amended to read: 13.1 Subd. 4. [CERTIFICATION TO SECRETARY OF STATE.] The clerk 13.2 or recorder must certify results of a referendum held under this 13.3 section to the secretary of statewithin ten days of the 13.4 election. 13.5 Sec. 19. Minnesota Statutes 2002, section 359.01, is 13.6 amended to read: 13.7 359.01 [COMMISSION.] 13.8 Subdivision 1. [RESIDENT NOTARIES.] The governor may 13.9 appoint and commission as notaries public, by and with the 13.10 advice and consent of the senate, as many citizens of this state 13.11 or resident aliens, over the age of 18 years, as the governor 13.12 considers necessary. The commissioner of commerce shall perform13.13 all duties necessary to appoint and commission notaries public13.14 under this section on the governor's behalfgovernor will 13.15 appoint and commission notaries public and the secretary of 13.16 state shall receive applications for appointments and 13.17 commissions, shall keep a register of those persons appointed 13.18 and commissioned as notaries public by the governor with the 13.19 advice and consent of the senate, shall update that register 13.20 when informed of a change in name and address by a notary 13.21 public, shall process applications by a notary public for 13.22 reappointment, shall receive fees for the performance of these 13.23 functions to be deposited into the general fund, and shall 13.24 perform those clerical and administrative duties associated with 13.25 these functions. The governor may also receive such 13.26 applications directly. 13.27 Subd. 2. [NONRESIDENT NOTARIES.] (a) The governor or the13.28 commissioner of commerce, acting on the governor's behalf, by 13.29 and with the advice and consent of the senate, may appoint as 13.30 notary public a person who is not a resident of this state if: 13.31 (1) the person is a resident of Wisconsin, Iowa, North 13.32 Dakota, or South Dakota, and of a county that shares a boundary 13.33 with this state; 13.34 (2) the person designates the commissionersecretary of 13.35 state as agent for the service of process for all purposes 13.36 relating to notarial acts and for receipt of all correspondence 14.1 relating to notarial acts. 14.2 (b) The secretary of state shall receive applications for 14.3 nonresident notary appointments and commissions, shall keep a 14.4 register of those persons appointed and commissioned as notaries 14.5 public by the governor with the advice and consent of the 14.6 senate, shall update that register when informed of a change in 14.7 name and address by a notary public, shall process applications 14.8 by a notary public for reappointment, shall receive fees for the 14.9 performance of these functions to be deposited into the general 14.10 fund, and shall perform those clerical and administrative duties 14.11 associated with these functions. The governor may also receive 14.12 such applications directly. 14.13 Subd. 3. [FEES.] (a) When making application for a 14.14 commission the applicant must submit, along with the information 14.15 required by the commissionersecretary of state, a nonrefundable 14.16 fee of $40. 14.17 (b) All fees shall be retained by the commissioner14.18 secretary of state and are nonreturnable, except that an 14.19 overpayment of a fee is the subject of a refund upon proper 14.20 application. 14.21 Sec. 20. Minnesota Statutes 2002, section 359.071, is 14.22 amended to read: 14.23 359.071 [CHANGE OF NAME OR ADDRESS.] 14.24 A notary shall notify the commissionersecretary of state 14.25 of any name or address change within 30 days of the change. 14.26 Sec. 21. Minnesota Statutes 2002, section 398.10, is 14.27 amended to read: 14.28 398.10 [PARK SUPERINTENDENT; EMPLOYEES.] 14.29 The board shall, by secret ballot, elect a park 14.30 superintendent to serve as the chief administrative officer of 14.31 the park district. Such election shall be for terms of not to 14.32 exceed two years and the superintendent shall serve at the 14.33 pleasure of the board. No person shall be elected 14.34 superintendent unless the person has had at least ten years 14.35 experience in business or in public administration, at least 14.36 five years of which shall have been in a responsible 15.1 administrative capacity and at least three years in the 15.2 administration of parks or recreation. The salary of the 15.3 superintendent shall be set by the board. The superintendent or 15.4 a designee shall serve as secretary to the board. The secretary 15.5 shall, promptly after selection, file with the secretary of15.6 state of Minnesotaboard a bond in the penal sum of $10,000, 15.7 with good and sufficient sureties acceptable to the board of 15.8 park district commissioners. 15.9 The board shall have power to appoint such officers, agents 15.10 and employees as it deems necessary for the proper 15.11 administration of the district. The officers, agents and 15.12 employees shall perform such duties and receive such 15.13 compensation as the board may determine and shall be removable 15.14 at the pleasure of the board. 15.15 Sec. 22. [BASE BUDGET.] 15.16 The Department of Finance is instructed to include the 15.17 costs of assuming and operating the notary function, other than 15.18 enforcement costs which will remain with the commissioner of 15.19 commerce in the budget to be presented for fiscal year 15.20 2006-2007, as part of the base budget of the Office of the 15.21 Secretary of State. 15.22 Sec. 23. [EFFECTIVE DATE.] 15.23 Sections 2 to 10 are effective January 1, 2004. Sections 15.24 19 and 20 are effective July 1, 2005.