Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature

SF 1997

2nd Unofficial Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
1.1A bill for an act
1.2relating to government operations; appropriating money for the general
1.3legislative and administrative expenses of state government; regulating state
1.4and local government operations; establishing the Minnesota Office on Ethnic
1.5Heritage and New Americans and the Minnesota Legislative Commission on
1.6Terrorism and Disaster Preparedness; creating the position of poet laureate;
1.7providing a grant process and grant management; defining domestic partner;
1.8ratifying labor agreements and compensation plans; establishing a state
1.9employees electronic health records pilot project; providing for continuing
1.10appropriations in certain circumstances; providing compensation for a period of
1.11partial government shutdown; creating a trust for postemployment benefits;
1.12regulating elections and voter registration; establishing a gratuity payment for
1.13certain Teacher Retirement Association members; authorizing rulemaking;
1.14amending Minnesota Statutes 2006, sections 3.85, subdivision 3; 3.9741,
1.15subdivision 1; 5.12, subdivision 1; 6.47; 6.51; 6.54; 6.55; 6.551; 6.57; 6.59; 6.60;
1.166.62, subdivision 2; 6.63; 6.64; 6.65; 6.66; 6.67; 6.68; 6.70; 6.71; 6.715, by
1.17adding a subdivision; 13.605, subdivision 1; 15B.17, subdivision 1; 16A.103,
1.18subdivision 1e; 16A.11, by adding a subdivision; 16A.1286, subdivision 2;
1.1916B.35, subdivision 1; 16C.02, subdivisions 4, 12, 14, by adding subdivisions;
1.2016C.03, subdivisions 2, 3, 4, 8, 16, by adding subdivisions; 16C.05, subdivisions
1.211, 2; 16C.08, subdivisions 2, 4, by adding subdivisions; 16C.10, subdivision
1.227; 16C.16, subdivision 5; 16C.26; 16C.27, subdivision 1; 16C.28; 37.06;
1.2343A.02, by adding a subdivision; 43A.24, subdivision 1; 43A.49; 103C.305,
1.24subdivision 3; 103D.355; 103D.811, subdivision 3; 103E.505, subdivision 5;
1.25116A.13, subdivision 5; 123B.52, subdivision 1, by adding a subdivision;
1.26160.17, by adding a subdivision; 160.262, by adding a subdivision; 161.1419,
1.27subdivision 8; 161.32, by adding a subdivision; 161.3412, subdivision 1; 161.38,
1.28subdivision 4; 181.9413; 200.02, subdivisions 7, 23; 201.016, subdivision 1a;
1.29201.054, subdivision 1; 201.056; 201.061, subdivisions 1, 3, 4, by adding a
1.30subdivision; 201.071, subdivisions 1, 3, 4; 201.081; 201.091, subdivisions 1, 8,
1.319, by adding a subdivision; 201.12; 201.13, subdivision 3; 201.161; 201.171;
1.32201.27, subdivision 1; 203B.02, subdivision 1; 203B.04, subdivisions 1, 4, 6;
1.33203B.05, subdivision 2; 203B.06, subdivision 3; 203B.07, subdivisions 1, 2;
1.34203B.08, subdivision 3; 203B.081; 203B.10; 203B.11, subdivision 4; 203B.12,
1.35subdivision 4; 203B.13, subdivisions 1, 2; 203B.16, subdivision 2; 203B.17,
1.36subdivision 2; 203B.21, subdivisions 2, 3; 203B.22; 203B.24, subdivision 1;
1.37204B.06, subdivisions 1, 8; 204B.08, subdivision 3; 204B.09, subdivisions 1, 1a,
1.383; 204B.11, subdivision 2; 204B.16, subdivision 1; 204B.21, subdivision 2, by
1.39adding a subdivision; 204B.45, subdivision 2; 204C.06, subdivision 1; 204C.07,
2.1subdivision 3a, by adding a subdivision; 205.10, by adding a subdivision;
2.2205.13, by adding a subdivision; 205.16, subdivisions 3, 4; 205A.05, by
2.3adding a subdivision; 205A.07, subdivisions 3, 3a; 205A.10, subdivisions 1, 2;
2.4205A.11, subdivision 2; 206.57, subdivision 5; 206.82, subdivision 2; 206.89,
2.5subdivisions 1, 5; 211A.02, subdivision 2; 211A.05, subdivision 1; 270C.03,
2.6subdivision 1; 302A.821, subdivision 4; 308A.995, subdivision 4; 308B.121,
2.7subdivision 4; 308B.215, subdivision 2; 317A.823, subdivision 1; 321.0206;
2.8325L.03; 336.1-110; 336.9-516; 336.9-525; 356.219, subdivision 1; 358.41;
2.9358.42; 358.50; 359.085, subdivisions 2, 3; 365.37, by adding a subdivision;
2.10374.13; 375.101, subdivision 1, by adding a subdivision; 375.21, by adding a
2.11subdivision; 383C.094, by adding a subdivision; 410.12, subdivision 1; 412.311;
2.12429.041, by adding a subdivision; 447.32, subdivision 4; 458D.21, by adding
2.13a subdivision; 469.015, by adding a subdivision; 469.068, subdivision 1, by
2.14adding a subdivision; 471.345, subdivision 5, by adding subdivisions; 471.61,
2.15subdivision 1a; 473.246; 473.523, by adding a subdivision; 473.756, subdivision
2.1612; 477A.014, subdivision 4; 491A.02, subdivision 4; 507.24, subdivision 2;
2.17Laws 2004, chapter 293, article 1, section 37, subdivision 2; Laws 2006, chapter
2.18253, section 22, subdivision 1; proposing coding for new law in Minnesota
2.19Statutes, chapters 3; 4; 5; 6; 8; 11A; 12; 13; 15B; 16A; 16B; 16C; 16E; 43A; 161;
2.20203B; 204B; 270C; 308B; 321; 349A; 471; repealing Minnesota Statutes 2006,
2.21sections 3.884; 3.8841; 6.56, subdivision 1; 16A.102; 16C.055, subdivision 1;
2.2216C.08, subdivision 4a; 69.051, subdivision 1c; 200.04; 201.061, subdivision 7;
2.23201.096; 203B.02, subdivision 1a; 203B.04, subdivision 5; 203B.13, subdivision
2.243a; 359.085, subdivision 8; 645.44, subdivision 19.
2.25BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.26ARTICLE 1
2.27STATE GOVERNMENT APPROPRIATIONS

2.28
Section 1. STATE GOVERNMENT APPROPRIATIONS.
2.29    The sums shown in the columns marked "appropriations" are appropriated to the
2.30agencies and for the purposes specified in this article. The appropriations are from the
2.31general fund, or another named fund, and are available for the fiscal years indicated
2.32for each purpose. The figures "2008" and "2009" used in this article mean that the
2.33appropriations listed under them are available for the fiscal year ending June 30, 2008, or
2.34June 30, 2009, respectively. "The first year" is fiscal year 2008. "The second year" is fiscal
2.35year 2009. "The biennium" is fiscal years 2008 and 2009.
2.36
APPROPRIATIONS
2.37
Available for the Year
2.38
Ending June 30
2.39
2008
2009

2.40
Sec. 2. LEGISLATURE
2.41
Subdivision 1.Total Appropriation
$
68,671,000
$
69,043,000
2.42
Appropriations by Fund
2.43
2008
2009
3.1
General
68,493,000
68,865,000
3.2
Health Care Access
178,000
178,000
3.3The amounts that may be spent for each
3.4purpose are specified in the following
3.5subdivisions.
3.6
Subd. 2.Senate
22,158,000
21,677,000
3.7
Subd. 3.House of Representatives
30,586,000
31,746,000
3.8During the biennium ending June 30, 2009,
3.9any revenues received by the house of
3.10representatives from sponsorship notices in
3.11broadcast or print media are appropriated to
3.12the house of representatives.
3.13
Subd. 4.Legislative Coordinating Commission
15,927,000
15,620,000
3.14
Appropriations by Fund
3.15
General
15,749,000
15,442,000
3.16
Health Care Access
178,000
178,000
3.17$600,000 the first year and $600,000 the
3.18second year are for public information
3.19television, Internet, Intranet, and other
3.20transmission of legislative activities. At
3.21least one-half of those amounts must go for
3.22programming to be broadcast and transmitted
3.23to rural Minnesota.
3.24$5,624,000 the first year and $5,469,000 the
3.25second year are for the Office of the Revisor
3.26of Statutes.
3.27$1,257,000 the first year and $1,254,000 the
3.28second year are for the Legislative Reference
3.29Library.
3.30$5,594,000 the first year and $5,595,000
3.31the second year are for the Office of the
3.32Legislative Auditor.
4.1All legislative offices should, whenever
4.2possible, implement information technology
4.3systems that are compatible and work
4.4seamlessly across the legislature. Wherever
4.5possible, single systems should be
4.6implemented to avoid unnecessary
4.7duplication and inefficiency. The directors
4.8of information technology for the senate,
4.9house of representatives, and the Legislative
4.10Coordinating Commission must submit
4.11a written report describing their efforts
4.12to collaborate on implementing shared
4.13information technology systems. The report
4.14must be submitted to the chairs of the house
4.15of representatives and senate committees
4.16with jurisdiction over rules and to the
4.17Legislative Coordinating Commission on
4.18January 15, 2008, and January 15, 2009.

4.19
4.20
Sec. 3. GOVERNOR AND LIEUTENANT
GOVERNOR
$
3,647,000
$
3,712,000
4.21(a) This appropriation is to fund the Office of
4.22the Governor and Lieutenant Governor.
4.23$19,000 the first year and $19,000 the
4.24second year are for necessary expenses in
4.25the normal performance of the governor's
4.26and lieutenant governor's duties for which no
4.27other reimbursement is provided.
4.28(b) By September 1 of each year, the
4.29commissioner of finance shall report to
4.30the chairs of the senate Governmental
4.31Operations Budget Division and the house
4.32State Government Finance Division any
4.33personnel costs incurred by the Office of
4.34the Governor and Lieutenant Governor that
4.35were supported by appropriations to other
5.1agencies during the previous fiscal year.
5.2The Office of the Governor shall inform the
5.3chairs of the divisions before initiating any
5.4interagency agreements.

5.5
Sec. 4. STATE AUDITOR
$
9,234,000
$
9,220,000

5.6
Sec. 5. ATTORNEY GENERAL
$
26,628,000
$
26,633,000
5.7
Appropriations by Fund
5.8
2008
2009
5.9
General
24,514,000
24,514,000
5.10
5.11
State Government
Special Revenue
1,719,000
1,724,000
5.12
Environmental
145,000
145,000
5.13
Remediation
250,000
250,000

5.14
Sec. 6. SECRETARY OF STATE
$
9,677,000
$
6,747,000
5.15
Appropriations by Fund
5.16
2008
2009
5.17
General
6,833,000
6,747,000
5.18
5.19
State Government
Special Revenue
2,844,000
5.20$310,000 of this appropriation must be
5.21transferred to the Help America Vote Act
5.22account and is designated as a portion of the
5.23match required by section 253(b)(5) of the
5.24Help America Vote Act.
5.25$2,844,000 the first year is appropriated from
5.26the Help America Vote Act account for the
5.27purposes and uses authorized by federal law.
5.28This appropriation is available until June 30,
5.292009.
5.30Notwithstanding Laws 2005, chapter 162,
5.31section 34, subdivision 7, any balance
5.32remaining in the Help America Vote Act
5.33account after previous appropriations and the
5.34appropriations in this section is appropriated
5.35to the secretary of state for the purposes of
6.1the account. This appropriation is available
6.2until June 30, 2011.
6.3$250,000 the first year is for a grant to Kids
6.4Voting Minnesota, to educate children about
6.5voting and the democratic process. This
6.6appropriation is available until spent.

6.7
6.8
Sec. 7. CAMPAIGN FINANCE AND PUBLIC
DISCLOSURE BOARD
$
708,000
$
722,000

6.9
Sec. 8. INVESTMENT BOARD
$
151,000
$
151,000

6.10
6.11
Sec. 9. OFFICE OF ENTERPRISE
TECHNOLOGY
$
17,969,000
$
5,287,000
6.12(a) $2,000,000 the first year is for the first
6.13phase of an electronic licensing system.
6.14This is a onetime appropriation. This
6.15appropriation carries forward to the second
6.16year.
6.17(b) $10,000,000 the first year is for
6.18information technology security.
6.19(c) $500,000 the first year and $500,000 the
6.20second year are for oversight and analysis of
6.21state technology investments.
6.22(d) $1,456,000 the first year and $1,000,000
6.23the second year are for small agency
6.24technology infrastructure. During the first
6.25biennium, these amounts are intended to
6.26include hardware and software improvements
6.27for the Asian-Pacific Council, the Capitol
6.28Area Architectural and Planning Board,
6.29the Minnesota Library for the Blind,
6.30the Minnesota State Academies, and
6.31the Ombudsman for Mental Health and
6.32Developmental Disabilities. Ongoing
6.33funding for improvements made during fiscal
7.1years 2008 and 2009 may be added to the
7.2base funding for those agencies in fiscal
7.3years 2010 and 2011.
7.4(e) $68,000 is for an electronic documents
7.5study and report.
7.6(f) $200,000 is for grants to be distributed to
7.7the counties participating in the development
7.8of the integrated financial system for
7.9enhancements to the system. Enhancements
7.10include:
7.11(1) systems to improve the tracking and
7.12reporting of state and federal grants;
7.13(2) electronic payments to vendors;
7.14(3) electronic posting of state payments to
7.15the financial system;
7.16(4) automating revenue collection and
7.17posting through check conversion, automatic
7.18clearing house transactions, or credit card
7.19processing;
7.20(5) improvements to county budgetary
7.21systems;
7.22(6) storage or linkage of electronic
7.23documents;
7.24(7) improved executive level reporting and
7.25extraction of data; and
7.26(8) improved information and reporting for
7.27audits.
7.28The grant funds shall be distributed on a pro
7.29rata basis to each of the counties participating
7.30in the development of the integrated financial
7.31system. The Minnesota Counties Computer
7.32Cooperative, acting as a fiscal agent for
7.33the participating counties, shall receive the
8.1grant money for the counties. The grants
8.2will only be distributed after $600,000 is
8.3expended or provided from other sources.
8.4The chief information officer may require
8.5a report or such other information as the
8.6chief information officer deems appropriate
8.7to verify that the requirements of this
8.8section have been met. This appropriation
8.9is available until June 30, 2011, and cancels
8.10on that date.

8.11
Sec. 10. ADMINISTRATIVE HEARINGS
$
8,087,000
$
7,801,000
8.12
Appropriations by Fund
8.13
2008
2009
8.14
General
281,000
285,000
8.15
8.16
Workers'
Compensation
7,806,000
7,516,000
8.17$266,000 each year is for two workers'
8.18compensation judges, to be located in Duluth.

8.19
Sec. 11. ADMINISTRATION
8.20
Subdivision 1. Total Appropriation
$
27,990,000
$
23,385,000
8.21The amounts that may be spent for each
8.22purpose are specified in the following
8.23subdivisions.
8.24
Subd. 2.State Facilities Services
14,746,000
11,458,000
8.25(a) $7,888,000 the first year and $7,888,000
8.26the second year are for office space costs of
8.27the legislature and veterans organizations,
8.28for ceremonial space, and for statutorily free
8.29space.
8.30(b) $2,500,000 the first year is to purchase
8.31and implement a Web-enabled, shared
8.32computer system to facilitate the state's real
8.33property portfolio management.
9.1(c) $250,000 the first year and $250,000 the
9.2second year are for the energy conservation
9.3recommissioning activities in state buildings.
9.4
Subd. 3.State and Community Services
3,420,000
3,583,000
9.5(a) $60,000 the first year and $240,000 the
9.6second year are to fund activities to prepare
9.7for and promote the 2010 census. Base
9.8funding for this activity is $260,000 in fiscal
9.9year 2010 and $180,000 in fiscal year 2011.
9.10(b) $1,100,000 the first year and $1,100,000
9.11the second year are for the Land Management
9.12Information Center.
9.13(c) $196,000 the first year and $196,000 the
9.14second year are for the Office of the State
9.15Archaeologist.
9.16
Subd. 4.Administrative Management Services
6,121,000
5,241,000
9.17(a) $125,000 the first year is to create an
9.18Office of Grants Management to standardize
9.19state grants management policies and
9.20procedures. For the fiscal year beginning
9.21July 1, 2008, the commissioner must deduct
9.22from state grants subject to nongovernmental
9.23entities up to $125,000, as necessary to
9.24fund the commissioner's duties under
9.25new Minnesota Statutes, sections 16B.97
9.26and 16B.98. The amount deducted from
9.27appropriations for these grants is transferred
9.28to the commissioner for purposes of
9.29administering those sections.
9.30(b) $285,000 the first year is to fund a pilot
9.31project to reduce state expenditures on
9.32professional/technical contracts.
9.33(c) $250,000 the first year and $250,000
9.34the second year are to establish a small
10.1agency resource team to consolidate and
10.2streamline the human resources and financial
10.3management activities for small state
10.4agencies, boards, and councils.
10.5(d) $425,000 the first year is a onetime
10.6appropriation for a targeted group business
10.7disparity study. The commissioner must
10.8cooperate with units of local government
10.9conducting similar studies.
10.10(e) $74,000 the first year and $74,000
10.11the second year are for the Council on
10.12Developmental Disabilities.
10.13(f) $53,000 the first year and $36,000 the
10.14second year are for the genetic information
10.15work group and report.
10.16(g) $250,000 in fiscal year 2008 and
10.17$250,000 in fiscal year 2009 are for a grant
10.18to the Council on Developmental Disabilities
10.19for the purpose of establishing a statewide
10.20self-advocacy network for persons with
10.21intellectual and developmental disabilities
10.22(ID/DD). The self-advocacy network shall:
10.23(1) ensure that persons with ID/DD are
10.24informed of their rights in employment,
10.25housing, transportation, voting, government
10.26policy, and other issues pertinent to the
10.27ID/DD community;
10.28(2) provide public education and awareness
10.29of the civil and human rights issues persons
10.30with ID/DD face;
10.31(3) provide funds, technical assistance, and
10.32other resources for self-advocacy groups
10.33across the state; and
11.1(4) organize systems of communications
11.2to facilitate an exchange of information
11.3between self-advocacy groups.
11.4This appropriation is in addition to any other
11.5appropriations and must be added to the base
11.6appropriation beginning in fiscal year 2010.
11.7(h) $75,000 is for purposes of promotion
11.8of document imaging work in government
11.9agencies to be done by persons with
11.10developmental disabilities.
11.11
Subd. 5.Fiscal Agent
600,000
11.12(a) $100,000 the first year is for the
11.13sustainable growth working group.
11.14(b) $500,000 is for a grant to Washington
11.15County for capital improvements detailed in
11.16the approved planned unit development for
11.17the Disabled Veteran's Rest Camp to provide
11.18increased capacity, amenities, access, and
11.19safety for Minnesota veterans.
11.20
Subd. 6.Public broadcasting
$
3,103,000
$
3,103,000
11.21(a) $1,613,000 the first year and $1,613,000
11.22the second year are for matching grants
11.23for public television. The base budget for
11.24matching grants shall be $1,161,000 in fiscal
11.25year 2010 and $1,161,000 in fiscal year 2011.
11.26(b) $398,000 the first year and $398,000
11.27the second year are for public television
11.28equipment grants. Equipment or matching
11.29grant allocations shall be made after
11.30considering the recommendations of the
11.31Minnesota Public Television Association.
11.32The base budget for public television
11.33equipment grants shall be $200,000 in fiscal
11.34year 2010 and $200,000 in fiscal year 2011.
12.1(c) $17,000 the first year and $17,000 the
12.2second year are for grants to the Twin Cities
12.3regional cable channel.
12.4(d) $350,000 in fiscal year 2008 and $350,000
12.5in fiscal year 2009 are for community service
12.6grants to public educational radio stations.
12.7The base budget for the community service
12.8grants shall be $287,000 in fiscal year 2010
12.9and $287,000 in fiscal year 2011.
12.10(e) $250,000 in fiscal year 2008 and $250,000
12.11in fiscal year 2009 are for equipment grants
12.12to public educational radio stations. The
12.13general fund base funding for equipment
12.14grants is increased by $125,000 each year in
12.15the fiscal 2010-2011 biennium.
12.16(f) The grants in paragraphs (d) and (e)
12.17must be allocated after considering the
12.18recommendations of the Association of
12.19Minnesota Public Educational Radio Stations
12.20under Minnesota Statutes, section 129D.14.
12.21(g) $475,000 the first year and $475,000
12.22the second year are for equipment grants to
12.23Minnesota Public Radio, Inc. The budget
12.24base for the Minnesota Public Radio, Inc.
12.25equipment grants shall be $190,000 in fiscal
12.26year 2010 and $190,000 in fiscal year 2011.
12.27(h) Any unencumbered balance remaining
12.28the first year for grants to public television or
12.29radio stations does not cancel and is available
12.30for the second year.

12.31
12.32
12.33
Sec. 12. CAPITOL AREA
ARCHITECTURAL AND PLANNING
BOARD
$
428,000
$
372,000
12.34$65,000 in fiscal year 2008 is for the
12.35decennial expenses related to the board's
13.1duties under Minnesota Statutes, section
13.2473.864, subdivisions 1 and 2. Money
13.3appropriated in fiscal year 2008 is available
13.4until June 30, 2009. This is a onetime
13.5appropriation.

13.6
Sec. 13. FINANCE
13.7
Subdivision 1. Total Appropriation
$
22,382,000
$
15,331,000
13.8The amounts that may be spent for each
13.9purpose are specified in the following
13.10subdivisions.
13.11
Subd. 2.State Financial Management
8,912,000
8,752,000
13.12(a) $315,000 the first year is for the state's
13.13share of the cost of bankruptcy counsel
13.14representing joint interests of the state and
13.15the city of Duluth in the Northwest Airlines
13.16bankruptcy. This is a onetime appropriation.
13.17(b) Notwithstanding the provisions of
13.18Minnesota Statutes, section 16A.1522,
13.19subdivision 4, the commissioner of finance
13.20shall designate any positive general fund
13.21budgetary balance on June 30, 2007, as an
13.22unrestricted balance. Money so designated
13.23shall remain available for general fund
13.24appropriations authorized in fiscal years
13.252008 and 2009.
13.26
13.27
Subd. 3.Information and Management
Services
13,470,000
6,579,000
13.28$7,000,000 the first year is for costs related to
13.29the Minnesota Accounting and Procurement
13.30System (MAPS). $6,500,000 is to implement
13.31remediation strategies as necessary to avoid
13.32a systemic failure. $500,000 of the first year
13.33total is for planning for the system's eventual
13.34replacement.

14.1
Sec. 14. EMPLOYEE RELATIONS
$
6,385,000
$
5,947,000
14.2(a) $250,000 each year is for the Center for
14.3Health Care Purchasing Improvement.
14.4(b) $186,000 the first year and $203,000 the
14.5second year are for transfer to state agencies
14.6for additional expenses incurred as a result
14.7of expanded use of sick leave authorized by
14.8this act.
14.9(c) $350,000 the first year is to support the
14.10use of an electronic portfolio system to
14.11provide personal health records for MnSCU
14.12employees and other participants in the state
14.13employee group insurance program. Of
14.14this amount, $50,000 is for transfer to the
14.15University of Minnesota Health Informatics
14.16Division to evaluate the use and impact of
14.17personal health records on these employees.
14.18This appropriation is available until June 30,
14.192009.

14.20
Sec. 15. REVENUE
14.21
Subdivision 1.Total Appropriation
$
132,562,000
$
121,466,000
14.22
Appropriations by Fund
14.23
2008
2009
14.24
General
128,462,000
117,306,000
14.25
Health Care Access
1,680,000
1,707,000
14.26
14.27
Highway User Tax
Distribution
2,125,000
2,154,000
14.28
Environmental
295,000
299,000
14.29The amounts that may be spent for each
14.30purpose are specified in subdivisions 2 and 3.
14.31
Subd. 2.Tax System Management
108,401,000
99,616,000
14.32
Appropriations by Fund
14.33
General
108,301,000
95,456,000
14.34
Health Care Access
1,680,000
1,707,000
15.1
15.2
Highway User Tax
Distribution
2,125,000
2,154,000
15.3
Environmental
295,000
299,000
15.4(a) $6,910,000 the first year and $8,704,000
15.5the second year are for additional activities
15.6to identify and collect tax liabilities from
15.7individuals and businesses that currently
15.8do not pay all taxes owed. This initiative
15.9is expected to result in new general fund
15.10revenues of $42,400,000 for the biennium
15.11ending June 30, 2009.
15.12(b) The department must report to the chairs
15.13of the house of representatives Ways and
15.14Means and senate Finance Committees by
15.15March 1, 2008, and January 15, 2009, on the
15.16following performance indicators:
15.17(1) the number of corporations noncompliant
15.18with the corporate tax system each year and
15.19the percentage and dollar amounts of valid
15.20tax liabilities collected;
15.21(2) the number of businesses noncompliant
15.22with the sales and use tax system and the
15.23percentage and dollar amount of the valid tax
15.24liabilities collected; and
15.25(3) the number of individual noncompliant
15.26cases resolved and the percentage and dollar
15.27amounts of valid tax liabilities collected.
15.28(c) The reports must also identify base-level
15.29expenditures and staff positions related to
15.30compliance and audit activities, including
15.31baseline information as of January 1, 2006.
15.32The information must be provided at the
15.33budget activity level.
16.1(d) $16,000,000 the first year is for the
16.2purchase and development of an integrated
16.3tax software package.
16.4(e) $75,000 the first year and $75,000 the
16.5second year are for grants to one or more
16.6nonprofit organizations, qualifying under
16.7section 501(c)(3) of the Internal Revenue
16.8Code of 1986, to coordinate, facilitate,
16.9encourage, and aid in the provision of
16.10taxpayer assistance services. For purposes
16.11of this paragraph, "taxpayer assistance
16.12services" means accounting and tax
16.13preparation services provided by volunteers
16.14to low-income and disadvantaged Minnesota
16.15residents to help them file federal and
16.16state income tax returns and Minnesota
16.17property tax refund claims and may include
16.18providing personal representation before
16.19the Department of Revenue and Internal
16.20Revenue Service.
16.21
Subd. 3.Accounts Receivable Management
20,161,000
21,850,000
16.22$1,750,000 the first year and $3,110,000
16.23the second year are for additional activities
16.24to identify and collect tax liabilities from
16.25individuals and businesses that currently do
16.26not pay all taxes owed. This initiative is
16.27expected to result in new general revenues of
16.28$60,000,000 for the biennium ending June
16.2930, 2009.

16.30
Sec. 16. GAMBLING CONTROL
$
2,846,000
$
2,893,000
16.31These appropriations are from the lawful
16.32gambling regulation account in the special
16.33revenue fund.

17.1
Sec. 17. RACING COMMISSION
$
1,130,000
$
899,000
17.2(a) These appropriations are from racing
17.3regulation accounts in the special revenue
17.4fund.
17.5(b) $295,000 the first year and $64,000 the
17.6second year and thereafter are for information
17.7technology improvements implemented in
17.8consultation with the Office of Enterprise
17.9Technology as part of the small agency
17.10technology initiative.

17.11
Sec. 18. STATE LOTTERY
17.12Notwithstanding Minnesota Statutes, section
17.13349A.10, subdivision 3, the operating budget
17.14must not exceed $27,378,000 in fiscal year
17.152008 and $28,141,000 in fiscal year 2009.

17.16
Sec. 19. TORT CLAIMS
$
161,000
$
161,000
17.17To be spent by the commissioner of finance.
17.18If the appropriation for either year is
17.19insufficient, the appropriation for the other
17.20year is available for it.

17.21
17.22
Sec. 20. MINNESOTA STATE RETIREMENT
SYSTEM
$
1,608,000
$
1,649,000
17.23(a) The amounts estimated to be needed for
17.24each program are as follows:
17.25
(1) Legislators
1,170,000
1,200,000
17.26Under Minnesota Statutes, sections 3A.03,
17.27subdivision 2, 3A.04, subdivisions 3 and 4;
17.28and 3A.115.
17.29
(2) Constitutional Officers
438,000
449,000
18.1Under Minnesota Statutes, sections
18.2352C.031, subdivision 5; 352C.04,
18.3subdivision 3; and 352C.09, subdivision 2.
18.4(b) If an appropriation in this section for
18.5either year is insufficient, the appropriation
18.6for the other year is available for it.

18.7
18.8
Sec. 21. MINNEAPOLIS EMPLOYEES
RETIREMENT FUND
$
9,000,000
$
9,000,000
18.9The amounts estimated to be needed under
18.10Minnesota Statutes, section 422A.101,
18.11subdivision 3.

18.12
18.13
Sec. 22. TEACHERS RETIREMENT
ASSOCIATION
$
15,800,000
$
15,800,000
18.14The amounts estimated to be needed are as
18.15follows:
18.16
18.17
18.18
(a) Special direct state aid authorized under
Minnesota Statutes, section 354A.12, subdivisions
3a and 3c.
13,300,000
13,300,000
18.19
18.20
18.21
(b) Special direct state matching aid authorized
under Minnesota Statutes, section 354A.12,
subdivision 3b.
2,500,000
2,500,000

18.22
18.23
Sec. 23. ST. PAUL TEACHERS
RETIREMENT FUND
$
2,967,000
$
2,967,000
18.24The amounts estimated to be needed for
18.25special direct state aid to first class city
18.26teachers retirement funds authorized under
18.27Minnesota Statutes, section 354A.12,
18.28subdivisions 3a and 3c.

18.29
Sec. 24. AMATEUR SPORTS COMMISSION
$
371,000
$
376,000
18.30Of this amount, $67,000 each year is to be
18.31used for an additional event development
18.32position. This is a onetime appropriation.
18.33The base budget for the Amateur Sports
19.1Commission shall be $215,000 in fiscal year
19.22010 and $215,000 in fiscal year 2011.
19.3The amount available for appropriation to
19.4the commission under Laws 2005, chapter
19.5156, article 2, section 43, is reduced in the
19.6first year and the second year by the amounts
19.7appropriated in this section.

19.8
19.9
Sec. 25. COUNCIL ON BLACK
MINNESOTANS
$
322,000
$
328,000
19.10$25,000 the first year and $25,000 the second
19.11year are for expenses related to the state's
19.12annual Martin Luther King, Jr. holiday
19.13celebration.

19.14
19.15
Sec. 26. COUNCIL ON CHICANO/LATINO
AFFAIRS
$
306,000
$
310,000

19.16
19.17
Sec. 27. COUNCIL ON ASIAN-PACIFIC
MINNESOTANS
$
287,000
$
285,000

19.18
Sec. 28. INDIAN AFFAIRS COUNCIL
$
661,000
$
487,000
19.19$80,000 in the first year is for the acquisition
19.20of an Indian burial site in Becker County. The
19.21Indian Affairs Council shall solicit donations
19.22from federal, state, nonprofit, private, and
19.23tribal sources for this purpose. This is a
19.24onetime appropriation and is available for
19.25expenditure until June 30, 2009.
19.26$100,000 in the first year is for transfer to the
19.27director of the Minnesota Office of Higher
19.28Education for a grant for the Dakota/Ojibwe
19.29Language Revitalization Project to expand
19.30an existing pilot project to promote activities
19.31and programs that are specific to promoting
19.32revitalization of indigenous language for
19.33American Indian children who do not live
20.1on an Indian reservation. The pilot project
20.2shall focus on developing programs that
20.3meet the language needs of children in
20.4prekindergarten through grade 12. This is a
20.5onetime appropriation.

20.6
20.7
Sec. 29. GENERAL CONTINGENT
ACCOUNTS
$
1,000,000
$
500,000
20.8
Appropriations by Fund
20.9
2008
2009
20.10
General
500,000
-0-
20.11
20.12
State Government
Special Revenue
400,000
400,000
20.13
20.14
Workers'
Compensation
100,000
100,000
20.15(a) The appropriations in this section
20.16may only be spent with the approval of
20.17the governor after consultation with the
20.18Legislative Advisory Commission pursuant
20.19to Minnesota Statutes, section 3.30.
20.20(b) If an appropriation in this section for
20.21either year is insufficient, the appropriation
20.22for the other year is available for it.
20.23(c) If a contingent account appropriation
20.24is made in one fiscal year, it should be
20.25considered a biennial appropriation.

20.26    Sec. 30. MANAGERIAL POSITION REDUCTIONS.
20.27    The governor must reduce the number of deputy commissioners, assistant
20.28commissioners, and positions designated as unclassified under authority of Minnesota
20.29Statutes, section 43A.08, subdivision 1a, by an amount that will generate savings to the
20.30general fund of $ 4,775,000 in the biennium ending June 30, 2009, and $7,600,000 in the
20.31biennium ending June 30, 2011.

20.32ARTICLE 2
20.33STATE GOVERNMENT OPERATIONS

20.34    Section 1. [3.052] SCHEDULE FOR CONSIDERATION OF LEGISLATION.
21.1    Subdivision 1. Agency bills. An executive department or agency intending to urge
21.2the legislature to adopt a bill shall deliver the bill to the revisor of statutes by November
21.31 before the regular session at which adoption will be urged. This deadline does not
21.4apply: (1) to bills necessary to implement the governor's budget proposals; (2) to other
21.5bills that are policy initiatives of the governor, as opposed to administrative initiatives of a
21.6department or agency; or (3) as otherwise provided in section 3C.035.
21.7    Subd. 2. State of the state. The governor is encouraged to submit a state of the state
21.8address in January of each odd-numbered year and within the first ten days after the start
21.9of the legislative session in an even-numbered year. Before or during this address, the
21.10governor is encouraged to announce major legislative policy initiatives that the governor
21.11intends to promote that year.
21.12    Subd. 3. Executive submission of budget bills. The governor must submit bills
21.13necessary to implement the governor's operating budget to the legislature within two
21.14weeks after the date specified in section 16A.11 for the governor to submit the detailed
21.15operating budget to the legislature. The bills must be provided to the speaker of the house
21.16of representatives and the majority leader of the senate in a manner ready for formal
21.17introduction and final consideration.

21.18    Sec. 2. [3.181] PRINTED MATERIALS.
21.19    If paper copies of legislative bills and amendments are printed, they must be printed
21.20on paper that measures 8-1/2 inches by 11 inches.
21.21EFFECTIVE DATE.This section is effective January 1, 2009.

21.22    Sec. 3. [3.3051] PUBLIC INFORMATION.
21.23    The Legislative Coordinating Commission must establish a joint legislative public
21.24information office.
21.25    The office is the legislative entity responsible for:
21.26    (1) producing legislative directories and rosters, news magazines, and general
21.27educational materials about the legislative process;
21.28    (2) in cooperation with other legislative offices, providing schedules of legislative
21.29meetings;
21.30    (3) producing television coverage of certain legislative proceedings; and
21.31    (4) performing other functions assigned by the Legislative Coordinating
21.32Commission.

21.33    Sec. 4. [3.306] MEETING TIMES.
22.1    The house of representatives and the senate must adopt rules that set one time as the
22.2regular hour of convening daily sessions in both houses.

22.3    Sec. 5. [3.3061] JOINT STANDING COMMITTEES.
22.4    The house of representatives and the senate are encouraged to adopt rules that:
22.5    (1) establish a system of joint standing committees to consider and report on
22.6legislation and conduct other legislative business, except that each house may separately
22.7establish a committee on rules and administration and a committee on ethics; or
22.8    (2) provide that house and senate committees with similar jurisdiction will meet at
22.9the same time to facilitate joint meetings.

22.10    Sec. 6. Minnesota Statutes 2006, section 3.85, subdivision 3, is amended to read:
22.11    Subd. 3. Membership. The commission consists of five seven members of the
22.12senate appointed by the Subcommittee on Committees of the Committee on Rules and
22.13Administration and five seven members of the house of representatives appointed by the
22.14speaker. Members shall be appointed at the commencement of each regular session of the
22.15legislature for a two-year term beginning January 16 of the first year of the regular session.
22.16Members continue to serve until their successors are appointed. Vacancies that occur while
22.17the legislature is in session shall be filled like regular appointments. If the legislature is not
22.18in session, senate vacancies shall be filled by the last Subcommittee on Committees of the
22.19senate Committee on Rules and Administration or other appointing authority designated
22.20by the senate rules, and house vacancies shall be filled by the last speaker of the house, or
22.21if the speaker is not available, by the last chair of the house Rules Committee.

22.22    Sec. 7. [3.9228] MINNESOTA OFFICE ON ETHNIC HERITAGE AND NEW
22.23AMERICANS.
22.24    Subdivision 1. Office established. The Minnesota Office of Ethnic Heritage and
22.25New Americans is established to: (1) recognize the state's rich ethnic diversity and the
22.26contributions that immigrants have made to the state's social, economic, and cultural
22.27history; and (2) capitalize on and develop the strengths of the immigrant community in
22.28Minnesota. The commission shall assist state government to foster an understanding and
22.29appreciation of ethnic and cultural diversity in Minnesota, to more effectively identify
22.30the underutilized resources within the immigrant community and to facilitate the full
22.31participation of immigrants in social, cultural, and political life in this state.
22.32    Subd. 2. Membership. The Minnesota Office of Ethnic Heritage and New
22.33Americans consists of 14 members: the Subcommittee on Committees of the Committee
23.1on Rules and Administration of the senate shall appoint two public members and two
23.2senators; and the speaker of the house of representatives shall appoint two public members
23.3and two members of the house of representatives. The governor shall appoint six public
23.4members.
23.5    Appointees must have proven experience and dedication to working with the wide
23.6range of ethnic communities within Minnesota, the immigrant community, and possess
23.7training and experience in business, management, economics, public policy, legal affairs,
23.8and social work. The appointing authorities shall seek to collaborate with each other and
23.9with the councils established in sections 3.9223, 3.9225, and 3.9226 to ensure that the
23.10public membership of the commission is ethnically and geographically diverse and is
23.11reasonably balanced by gender.
23.12    Compensation and the filling of vacancies or appointed members are as provided in
23.13section 15.0575. The appointments required under this subdivision must be completed
23.14no later than September 1, 2007.
23.15    Subd. 3. Organization. As soon as possible after the appointments under
23.16subdivision 2 have been completed, the executive director of the Legislative Coordinating
23.17Commission shall convene the first meeting of the commission. The members of the
23.18commission shall select their chairperson at the first meeting.
23.19    Subd. 4. Assistance. The Legislative Coordinating Commission shall provide the
23.20administrative and clerical support services necessary for the operation of the Minnesota
23.21Office on Ethnic Heritage and New Americans.
23.22    Subd. 5. Duties. The Minnesota Office of Ethnic Heritage and New Americans shall:
23.23    (1) work with community leaders, the legislature, and the executive branch to
23.24develop programs and proposals that will encourage ethnic identity, preserve ethnic
23.25heritage, and promote education of the public about the state's heritage and cultural history;
23.26    (2) make recommendations to the legislature and the governor intended to foster the
23.27understanding and appreciation of cultural diversity in the state;
23.28    (3) maintain association with ethnic, cultural, and minority groups to determine
23.29community needs;
23.30    (4) study and consider opportunities and issues for the immigrant community in
23.31this state, including:
23.32    (i) steps to eliminate underutilization of immigrants in the state's work force;
23.33    (ii) improving the efficient use of existing state programs and services; and
23.34    (iii) other appropriate steps to improve the economic and social condition of
23.35immigrants in this state.
24.1    By December 1, 2008, the commission shall report to the chairs of the legislative
24.2committees and divisions with jurisdiction over issues affecting ethnic heritage and
24.3immigrants. The report must include a discussion of the items listed in this subdivision
24.4together with recommendations for state agencies and the legislature, including any
24.5proposed legislation necessary to accomplish the recommendations. The executive
24.6director of the Legislative Coordinating Commission shall ensure that copies of the report
24.7are available on the Legislative Coordinating Commission's Web site.
24.8    Subd. 6. Expiration. This section expires on June 30, 2009.

24.9    Sec. 8. Minnesota Statutes 2006, section 3.9741, subdivision 1, is amended to read:
24.10    Subdivision 1. Metropolitan Commission. Upon the audit of the financial accounts
24.11and affairs of a commission under section 473.595, 473.604, or 473.703, the affected
24.12Metropolitan Commission is liable to the state for the total cost and expenses of the
24.13audit, including the salaries paid to the examiners while actually engaged in making
24.14the examination. The legislative auditor may bill the Metropolitan Commission either
24.15monthly or at the completion of the audit. All collections received for the audits must be
24.16deposited in the general fund added to the appropriation for the legislative auditor.
24.17EFFECTIVE DATE.This section is effective the day following final enactment.

24.18    Sec. 9. [4.60] POET LAUREATE.
24.19    (a) The position of poet laureate of the state of Minnesota is established. The
24.20Minnesota Humanities Commission must solicit nominations for the poet laureate
24.21appointment and must make recommendations to the governor. After receiving
24.22recommendations from the Minnesota Humanities Commission, the governor shall
24.23appoint a state poet laureate and conduct appropriate ceremonies to honor the person
24.24appointed. The person appointed as poet laureate continues to serve in this position until
24.25the governor appoints another person.
24.26    (b) State agencies and officers are encouraged to use the services of the poet laureate
24.27for appropriate ceremonies and celebrations.

24.28    Sec. 10. Minnesota Statutes 2006, section 5.12, subdivision 1, is amended to read:
24.29    Subdivision 1. Fees. The secretary of state shall charge a fee of $5 for each
24.30certificate or certification of a copy of any document filed in the Office of the Secretary
24.31of State. The secretary of state shall charge a fee of $3 for a copy of an original filing of
24.32a corporation, limited partnership, assumed name, or trade or service mark, or for the
24.33complete record of a certificate of assumed name. The secretary of state shall charge a
25.1fee of $3 for a copy of any or all subsequent filings of a corporation, limited partnership,
25.2assumed name, or trade or service mark. The secretary of state shall charge a fee of $1 per
25.3page for copies of other nonuniform commercial code documents filed with the secretary of
25.4state. At the time of filing, the secretary of state may provide at the public counter, without
25.5charge, a copy of a filing, ten or fewer pages in length, to the person making the filing.
25.6EFFECTIVE DATE.This section is effective August 1, 2007.

25.7    Sec. 11. [5.32] TEMPORARY TECHNOLOGY SURCHARGE.
25.8    Subdivision 1. Surcharge. For fiscal years 2008 and 2009, the following technology
25.9surcharges are imposed on the filing fees required under the following statutes:
25.10    (1) $25 for articles of incorporation filed under section 302A.151;
25.11    (2) $25 for articles of organization filed under section 322B.17;
25.12    (3) $25 for applications for certificates of authority to transact business in Minnesota
25.13filed under section 303.06;
25.14    (4) $20 for annual reports filed by non-Minnesota corporations under section
25.15303.14; and
25.16    (5) $50 for reinstatements to authority to transact business in Minnesota filed under
25.17section 303.19.
25.18    Subd. 2. Deposit. The surcharges listed in subdivision 1 shall be deposited into the
25.19uniform commercial code account.
25.20    Subd. 3. Expiration. This section expires June 30, 2009.

25.21    Sec. 12. [6.465] DEFINITIONS.
25.22    Subdivision 1. Application. For the purposes of this chapter, the terms defined in
25.23this section have the meaning given them.
25.24    Subd. 2. Political subdivision. "Political subdivision" means a county, home rule
25.25charter or statutory city, town, school district, metropolitan or regional agency, public
25.26corporation, political subdivision, or special district as defined in subdivision 3. "Political
25.27subdivision" does not include a metropolitan or regional agency or a public corporation
25.28audited by the legislative auditor.
25.29    Subd. 3. Special district. "Special district" means a public entity with a special
25.30or limited purpose, financed by property tax revenues or other public funds, that is
25.31not included in a city, county, or town financial report as a component of that local
25.32government, that is created or authorized by law, and that is governed by (1) persons
25.33directly elected to the governing board of the district, (2) persons appointed to the
25.34governing board of the district by local elected officials, (3) local elected officials who
26.1serve on the board by virtue of their elected office, or (4) a combination of these methods
26.2of selection. Special district includes special taxing districts listed in section 275.066.

26.3    Sec. 13. Minnesota Statutes 2006, section 6.47, is amended to read:
26.46.47 ACCOUNTING AND BUDGETING SYSTEMS; INVESTIGATION,
26.5FORMS.
26.6    The state auditor shall inquire into the accounting and budgeting systems of all
26.7local units of government political subdivisions and shall prescribe suitable systems of
26.8accounts and budgeting, and forms, books, and instructions concerning the same. At the
26.9request of any local unit of government political subdivision the state auditor may install
26.10such systems. The state auditor shall recommend a form for order- and warrant-checks of
26.11all local units of government which shall conform, so far as consistent with statutory and
26.12charter requirements, to approved banking practice in order to facilitate handling of such
26.13instruments by banks and other depositories.

26.14    Sec. 14. Minnesota Statutes 2006, section 6.51, is amended to read:
26.156.51 SCHOOL DISTRICTS, TOWNS, AND STATUTORY CITIES OTHER
26.16POLITICAL SUBDIVISIONS.
26.17    All powers and duties of the state auditor herein imposed and conferred with respect
26.18to the supervision, inspection, and examination of books and accounts of cities in section
26.196.50 are herewith extended to all school districts, towns, and statutory cities political
26.20subdivisions of this state. A copy of the report of such examination shall be filed, subject
26.21to public inspection, with the clerk or chief administrative officer of the town, statutory
26.22city, or school district political subdivision receiving such examination, and an additional
26.23copy with the county auditor of the county in which the administrative offices of such
26.24town, statutory city, or school district the political subdivision are located. If such report
26.25disclose malfeasance, misfeasance, or nonfeasance in office, the state auditor shall file
26.26such copy with the county attorney of the county in which the administrative offices of
26.27such school district, town, or statutory city the political subdivision are located, and the
26.28county attorney shall institute such proceedings as the law and the public interest require.

26.29    Sec. 15. Minnesota Statutes 2006, section 6.54, is amended to read:
26.306.54 EXAMINATION OF COUNTY AND MUNICIPAL POLITICAL
26.31SUBDIVISION RECORDS PURSUANT TO PETITION.
27.1    Subdivision 1. Petition of voters for audit. The registered voters in a county or
27.2home rule charter or statutory city political subdivision other than a town or school district
27.3or the electors at an annual or special town meeting of a town may petition the state
27.4auditor to examine the books, records, accounts, and affairs of the county, home rule
27.5charter or statutory city, town, political subdivision or of any organizational unit, activity,
27.6project, enterprise, or fund thereof; and the scope of the examination may be limited by the
27.7petition, but the examination shall cover, at least, all cash received and disbursed and the
27.8transactions relating thereto, provided that the state auditor shall not examine more than
27.9the six latest years preceding the circulation of the petition, unless it appears to the state
27.10auditor during the examination that the audit period should be extended to permit a full
27.11recovery under bonds furnished by public officers or employees, and may if it appears to
27.12the auditor in the public interest confine the period or the scope of audit or both period and
27.13scope of audit, to less than that requested by the petition. In the case of a county or home
27.14rule charter or statutory city political subdivision other than a town or school district, the
27.15petition shall be signed by a number of registered voters at least equal to 20 percent of
27.16those voting in the last presidential election.
27.17    Subd. 2. School districts. The eligible voters of any school district may petition the
27.18state auditor, who shall be subject to the same restrictions regarding the scope and period
27.19of audit, provided that the petition shall be signed by at least ten eligible voters for each 50
27.20resident pupils in average daily membership during the preceding school year as shown on
27.21the records in the office of the commissioner of education. In the case of school districts,
27.22the petition shall be signed by at least ten eligible voters.
27.23    Subd. 3. Certifications required. At the time it is circulated, every petition shall
27.24contain a statement that the cost of the audit will be borne by the county, city, or school
27.25district political subdivision as provided by law. Thirty days before the petition is
27.26delivered to the state auditor it shall be presented to the appropriate city or school district
27.27clerk or chief administrative officer of the political subdivision and the county auditor.
27.28The county auditor shall determine and certify whether the petition is signed by the
27.29required number of registered voters or eligible voters as the case may be. The certificate
27.30shall be conclusive evidence thereof in any action or proceeding for the recovery of the
27.31costs, charges, and expenses of any examination made pursuant to the petition.

27.32    Sec. 16. Minnesota Statutes 2006, section 6.55, is amended to read:
27.336.55 EXAMINATION OF RECORDS PURSUANT TO RESOLUTION OF
27.34GOVERNING BODY.
28.1    The governing body of any city, town, county or school district, political subdivision
28.2by appropriate resolution may ask the state auditor to examine the books, records,
28.3accounts and affairs of their government, or of any organizational unit, activity, project,
28.4enterprise, or fund thereof; and the state auditor shall examine the same upon receiving,
28.5pursuant to said resolution, a written request signed by a majority of the members of the
28.6governing body; and the governing body of any public utility commission, or of any
28.7public corporation having a body politic and corporate political subdivision, or of any
28.8instrumentality joint or several of any city, town, county, or school district political
28.9subdivision, may request an audit of its books, records, accounts and affairs in the same
28.10manner; provided that the scope of the examination may be limited by the request, but
28.11such examination shall cover, at least, all cash received and disbursed and the transactions
28.12relating thereto. Such written request shall be presented to the clerk, or recording officer,
28.13or chief administrative officer of such city, town, county, school district, public utility
28.14commission, public corporation, the political subdivision or instrumentality, before
28.15being presented to the state auditor, who shall determine whether the same is signed
28.16by a majority of the members of such governing body and, if found to be so signed,
28.17shall certify such fact, and the fact that such resolution was passed, which certificate
28.18shall be conclusive evidence thereof in any action or proceedings for the recovery of the
28.19costs, charges and expenses of any examination made pursuant to such request. Nothing
28.20contained in any of the laws of the state relating to the state auditor, shall be so construed
28.21as to prevent any county, city, town, or school district political subdivision from employing
28.22a certified public accountant to examine its books, records, accounts, and affairs. For the
28.23purposes of this section, the governing body of a town is the town board.

28.24    Sec. 17. Minnesota Statutes 2006, section 6.551, is amended to read:
28.256.551 EXAMINATION OF GRANTEES AND CONTRACTORS OF LOCAL
28.26GOVERNMENTS POLITICAL SUBDIVISIONS.
28.27    The state auditor may examine the books, records, documents, and accounting
28.28procedures and practices of a contractor or grantee of a local government political
28.29subdivision pursuant to section 16C.05, subdivision 5. The examination shall be limited to
28.30the books, records, documents, and accounting procedures and practices that are relevant
28.31to the contract or transaction with the local government political subdivision.

28.32    Sec. 18. Minnesota Statutes 2006, section 6.57, is amended to read:
28.336.57 COST OF EXAMINATION, COLLECTION.
29.1    On July first, 1 of each year, the state auditor shall certify all uncollected claims for
29.2the examination of any county, city, town, or school district which political subdivision
29.3that have remained unpaid for a period of three months from the date of such claim. The
29.4auditor shall forthwith notify the clerk, or recording officer, or chief administrative officer
29.5of each county, city, town, or school district political subdivision against which the state
29.6has a claim that, if the same is not paid, with interest at the rate of six percent per annum
29.7from the date of the claim, within 90 days, the full amount thereof will be certified to the
29.8county auditor of the county having such examination, or to the county auditor for the
29.9county or counties in which such city, town, or school district the political subdivision is
29.10situated, for collection by special tax levy, as herein provided. Such notice shall be served
29.11by certified mail and the deposit thereof in the United States mail shall constitute due and
29.12legal service thereof upon the county, city, town, or school district political subdivision.

29.13    Sec. 19. Minnesota Statutes 2006, section 6.59, is amended to read:
29.146.59 CLAIM OF STATE FOR COST OF EXAMINATION, CONTEST.
29.15    On or before September first 1 of each year, following service of the notice, any such
29.16county, city, town, or school district political subdivision may serve notice, in writing,
29.17upon the attorney general that it desires to contest the legality of the state's claim, and
29.18the attorney general shall forthwith file with the court administrator of the district court
29.19of the county having such examination, or in which such city, town, or school district
29.20the political subdivision, or major part thereof, is situated, a verified statement of the
29.21state's claim, duly itemized and serve upon the auditor or, clerk, or chief administrative
29.22officer of such county, city, town, or school district the political subdivision, by certified
29.23mail, a copy of such statement. Such county, city, town, or school district The political
29.24subdivision may file with the court administrator of such district court, within ten days
29.25after the service of such statement upon it, verified objections to the state's claim, and such
29.26district court shall thereupon summarily, in or out of term, hear and determine the amount
29.27due the state, if any, for such examination, at a time and place fixed by the court therefor.
29.28The court administrator of court shall certify to the county auditor of the county having
29.29such examination, or to the county auditor of the county or counties in which such city,
29.30town, or school district the political subdivision is situated, the amount so determined
29.31by the court to be due to the state, if any.

29.32    Sec. 20. Minnesota Statutes 2006, section 6.60, is amended to read:
29.336.60 STATE AUDITOR, CERTIFICATION OF AMOUNTS DUE.
30.1    On October first, 1 of each year, the state auditor shall certify the respective amounts
30.2due the state from the various counties, cities, towns, and school districts political
30.3subdivisions, including interest computed to July first, following, to the county auditor of
30.4the county having such examination, or to the county auditor of the county in which any
30.5such city, town, or school district political subdivision is, in whole or in part, situated. The
30.6county auditor, upon receiving a certificate from the state auditor, or a certificate from the
30.7court administrator, as provided in section 6.59, shall include the amount of the state's
30.8claim, with 25 percent added, in the tax levy for general revenue purposes of the county or
30.9municipality political subdivision liable therefor, and such additional levy shall not be
30.10within any limitation imposed by law upon the amount of taxes which may be levied for
30.11revenue purposes. Upon completion of the June tax settlement following such levy the
30.12county treasurer shall deduct from the amount apportioned to the county or municipality
30.13political subdivision for general revenue purposes, the amount due the state, including
30.14interest, and remit the same to the commissioner of finance.

30.15    Sec. 21. Minnesota Statutes 2006, section 6.62, subdivision 2, is amended to read:
30.16    Subd. 2. Cost of postaudit. The amount of said levy shall be the amount of the
30.17claim or claims submitted by the state auditor for such services or the auditor's estimate of
30.18the entire cost, and said amount shall be certified by the governing body, after the request
30.19or petition for the audit has been filed, to the county auditor, along with amounts requested
30.20for other governmental purposes. If such levy has been made in excess of statutory
30.21limitations, and if the request or petition is withdrawn after the amount of the levy has
30.22been certified but the levy cannot be canceled because it has been spread on the tax lists,
30.23the governing body shall cause the proceeds of such levy to be transferred to the general
30.24fund and reduce the succeeding year's levy for general purposes accordingly. Provided,
30.25however, counties, cities, and other governmental units political subdivisions whose
30.26financial affairs are required by statute or charter to be audited at regular intervals may
30.27levy annually or biennially in anticipation of the audit expense, without the presentment of
30.28such claim or estimate by the state auditor.

30.29    Sec. 22. Minnesota Statutes 2006, section 6.63, is amended to read:
30.306.63 APPLICATION.
30.31    The units of government set forth in sections 6.56, 6.465, 6.57, 6.59, 6.60, and 6.62
30.32shall be construed, where applicable, to include, in addition to those therein specifically
30.33named, public utility commissions, public corporations, and instrumentalities.

31.1    Sec. 23. Minnesota Statutes 2006, section 6.64, is amended to read:
31.26.64 COOPERATION WITH PUBLIC ACCOUNTANTS; PUBLIC
31.3ACCOUNTANT DEFINED.
31.4    There shall be mutual cooperation between the state auditor and public accountants
31.5in the performance of auditing, accounting, and other related services for counties, cities,
31.6towns, school districts, and other public corporations political subdivisions. For the
31.7purposes of sections 6.64 to 6.71 and section 6.756, the term public accountant shall have
31.8the meaning ascribed to it in section 412.222.

31.9    Sec. 24. Minnesota Statutes 2006, section 6.65, is amended to read:
31.106.65 MINIMUM PROCEDURES FOR AUDITORS, PRESCRIBED.
31.11    The state auditor shall prescribe minimum procedures and the audit scope for
31.12auditing the books, records, accounts, and affairs of counties and local governments
31.13political subdivisions in Minnesota. The minimum scope for audits of all local
31.14governments political subdivisions must include financial and legal compliance audits.
31.15Audits of all school districts must include a determination of compliance with uniform
31.16financial accounting and reporting standards. The state auditor shall promulgate an
31.17audit guide for legal compliance audits, in consultation with representatives of the state
31.18auditor, the attorney general, towns, cities, counties, school districts, and private sector
31.19public accountants.

31.20    Sec. 25. Minnesota Statutes 2006, section 6.66, is amended to read:
31.216.66 CERTAIN PRACTICES OF PUBLIC ACCOUNTANTS AUTHORIZED.
31.22    Any public accountant may engage in the practice of auditing the books, records,
31.23accounts, and affairs of counties, cities, towns, school districts, and other public
31.24corporations which political subdivisions that are not otherwise required by law to be
31.25audited exclusively by the state auditor.

31.26    Sec. 26. Minnesota Statutes 2006, section 6.67, is amended to read:
31.276.67 PUBLIC ACCOUNTANTS; REPORT OF EVIDENCE POINTING TO
31.28MISCONDUCT.
31.29    Whenever a public accountant in the course of auditing the books and affairs of a
31.30county, city, town, school district, or other public corporations, political subdivision shall
31.31discover evidence pointing to nonfeasance, misfeasance, or malfeasance, on the part of
31.32an officer or employee in the conduct of duties and affairs, the public accountant shall
32.1promptly make a report of such discovery to the state auditor and the county attorney of
32.2the county in which the governmental unit political subdivision is situated and the public
32.3accountant shall also furnish a copy of the report of audit upon completion to said officers.
32.4The county attorney shall act on such report in the same manner as required by law for
32.5reports made to the county attorney by the state auditor.

32.6    Sec. 27. Minnesota Statutes 2006, section 6.68, is amended to read:
32.76.68 STATE AUDITOR MAY ASSIST PUBLIC ACCOUNTANT IN AUDIT.
32.8    Subdivision 1. Request to governing body. If in an audit of a county, city, town,
32.9school district, or other public corporation, political subdivision a public accountant has
32.10need of the assistance of the state auditor, the accountant may obtain such assistance
32.11by requesting the governing body of the governmental unit political subdivision being
32.12examined to request the state auditor to perform such auditing or investigative services, or
32.13both, as the matter and the public interest require.
32.14    Subd. 2. Auditor's report; payment. The state auditor shall work in close
32.15cooperation with the public accountant in rendering the services so requested and the
32.16state auditor shall make such report of findings to the county attorney as is required by
32.17law to be made of nonfeasance, misfeasance, and malfeasance discovered by the state
32.18auditor. The governmental unit political subdivision shall be liable for the payment of
32.19such services so performed by the state auditor in the same manner as if it had requested
32.20the services pursuant to section 6.55.

32.21    Sec. 28. Minnesota Statutes 2006, section 6.70, is amended to read:
32.226.70 ACCESS TO REPORTS.
32.23    The state auditor and the public accountants shall have reasonable access to each
32.24other's audit reports, working papers, and audit programs concerning audits made by each
32.25of counties, cities, towns, school districts, and other public corporations the political
32.26subdivisions.

32.27    Sec. 29. Minnesota Statutes 2006, section 6.71, is amended to read:
32.286.71 SCOPE OF AUDITOR'S INVESTIGATION.
32.29    Whenever the governing body of a county, city, town, or school district political
32.30subdivision shall have requested a public accountant to make an audit of its books and
32.31affairs, and such audit is in progress or has been completed, and registered voters or
32.32electors petition or the governing body requests or both the state auditor to make an
33.1examination covering the same, or part of the same, period, the state auditor may, in the
33.2public interest, limit the scope of the examination to less than that specified in section
33.36.54 , but the scope shall cover, at least, an investigation of those complaints which are
33.4within the state auditor's powers and duties to investigate.

33.5    Sec. 30. Minnesota Statutes 2006, section 6.715, is amended by adding a subdivision
33.6to read:
33.7    Subd. 5. Review of data; data protection. If, before releasing a report, the state
33.8auditor provides a person with data relating to the audit for the purpose of review and
33.9verification of the data, the person must protect the data from unlawful disclosure or be
33.10subject to the penalties and liabilities provided in sections 13.08 and 13.09.

33.11    Sec. 31. [6.756] SPECIAL DISTRICTS; INFORMATION REQUIRED TO BE
33.12FILED WITH STATE AUDITOR; AUDITS.
33.13    Subdivision 1. Governance documents must be filed. Each special district must
33.14file with the state auditor, within 60 days of adoption, any document relating to the
33.15governance of the district, including articles of incorporation, bylaws, or agreements,
33.16and any amendment to these documents.
33.17    Subd. 2. Audit requirements. (a) A special district with total annual revenue
33.18greater than the threshold amount for cities under section 412.591, subdivision 3,
33.19paragraph (b), must provide for an annual audit of the district's financial affairs by the
33.20state auditor or a public accountant in accordance with minimum auditing procedures
33.21prescribed by the state auditor.
33.22    (b) A special district with total annual revenue that is equal to or less than the
33.23threshold amount for cities under section 412.591, subdivision 3, paragraph (b), must
33.24provide for an audit of the district's financial affairs by the state auditor or a public
33.25accountant in accordance with minimum audit procedures prescribed by the state auditor
33.26at least once every five years. The audit must be for a one-year period to be determined
33.27at random by the person conducting the audit. The audited financial statement must be
33.28prepared in a form prescribed by the state auditor similar to the reporting requirements for
33.29cities under 2,500 in population. For any year in which a special district is not audited,
33.30the district must prepare a financial statement in a form prescribed by the state auditor
33.31similar to the reporting requirements for cities reporting on a cash basis and file that
33.32statement with the state auditor.
33.33    (c) This subdivision does not apply to a special district subject to financial auditing
33.34and reporting requirements under other law.
34.1    Subd. 3. Presentation to governing board; filing with state auditor. Except as
34.2provided by other law, financial statements and audits must be completed, presented to the
34.3district's governing board, and filed with the state auditor within 180 days after the end of
34.4the district's fiscal year.

34.5    Sec. 32. [8.37] ASSISTANCE TO VETERANS.
34.6    The attorney general may advise and assist veterans and their families as to services
34.7available from public and private agencies. For purposes of this section, "veteran" means
34.8any veteran or active member of the United States armed services, including the National
34.9Guard and Reserves.

34.10    Sec. 33. [11A.27] REPORT ON INVESTMENT CONSULTANT ACTIVITIES
34.11AND DELIVERABLES.
34.12    (a) Annually, on or before November 1, the State Board of Investment shall file a
34.13report with the Legislative Reference Library on the activities and work product during
34.14that year of any investment consultants retained by the board.
34.15    (b) The report must include the following items:
34.16    (1) the total contract fee paid to each investment consultant;
34.17    (2) a listing of the projects in which the investment consultant was involved; and
34.18    (3) examples of the written work product provided by the investment consultant on
34.19those projects during the report coverage period.
34.20EFFECTIVE DATE.This section is effective June 30, 2007.

34.21    Sec. 34. [12.62] MINNESOTA LEGISLATIVE COMMISSION ON TERRORISM
34.22AND DISASTER PREPAREDNESS.
34.23    Subdivision 1. Creation; duties. The Legislative Commission on Terrorism and
34.24Disaster Preparedness is established to:
34.25    (1) advise the legislature on issues related to homeland security, emergency
34.26management, man-made and natural disasters, terrorism, bioterrorism, public health
34.27emergencies, and vulnerabilities in the public and private infrastructures;
34.28    (2) oversee the disaster preparation activities of the Department of Health,
34.29Department of Public Safety, and any other state agency, office, commission, or board that
34.30is within the commission's purview, and make recommendations to these organizations of
34.31changes or additions to the organizations' disaster preparedness and risk reduction work
34.32plans that the commission deems advisable; and
35.1    (3) make policy and finance recommendations to improve the state's public and
35.2private capacity to prevent, respond to, and recover from man-made and natural threats to
35.3the state.
35.4    Subd. 2. Membership. (a) The commission consists of:
35.5    (1) three members of the house of representatives, one of whom must be a member
35.6of the minority party, to be appointed by the speaker of the house of representatives;
35.7    (2) three members of the senate, one of whom must be a member of the minority
35.8party, to be appointed by the senate majority leader;
35.9    (3) the commissioner of public safety, or a designee, as an ex-officio member;
35.10    (4) the commissioner of health, or a designee, as an ex-officio member;
35.11    (5) the attorney general, or a designee, as an ex-officio member;
35.12    (6) two citizen members with relevant expertise, selected by the speaker of the
35.13house of representatives;
35.14    (7) two citizen members with relevant expertise, selected by the senate majority
35.15leader;
35.16    (8) two citizen members, selected by the speaker of the house of representatives; and
35.17    (9) two citizen members, selected by the senate majority leader.
35.18    (b) Members serve for a term expiring at the close of each regular session of the
35.19legislature but continue to serve until their successors are appointed. Members may be
35.20reappointed. The appointing authority shall fill vacancies.
35.21    (c) One member, elected by a majority of members, shall serve as the commission
35.22chair. The commission chair should have relevant subject matter education, training, and
35.23experience. The commission is authorized to elect a vice-chair and other officers as it
35.24deems necessary. The commission shall determine the duties of each officer.
35.25    (d) The commission chair shall convene meetings of the commission on a regular
35.26basis.
35.27    Subd. 3. Compensation. Compensation of legislative members is as provided in
35.28section 3.101. Compensation of the remaining members is as provided in section 15.0575.
35.29    Subd. 4. Staff. The commission may appoint and fix the compensation of such
35.30additional legal and other personnel and consultants or contract for services to supply
35.31necessary data as may be necessary to enable the commission to carry out its functions.
35.32    Subd. 5. Data from state agencies; availability. The commission may request
35.33information from any state officer or agency or political subdivision of the state in order to
35.34assist the commission in carrying out its duties and the state officer, agency, or subdivision
35.35must promptly furnish any data required, subject to applicable requirements or restrictions
35.36imposed by chapter 13 and section 15.17.
36.1    Subd. 6. Report. By January 15 of each year, the commission must submit a
36.2report that contains the commission's policy and appropriation recommendations to the
36.3legislature, the commissioner of health, and the commissioner of public safety.
36.4    Subd. 7. Repeal. This section is repealed June 30, 2011.
36.5EFFECTIVE DATE.This section is effective July 1, 2007.

36.6    Sec. 35. [13.595] GRANTS.
36.7    Subdivision 1. Definitions. For purposes of this section, the following terms have
36.8the meanings given them.
36.9    (a) "Completion of the evaluation process" means that the granting agency has
36.10completed negotiating the grant agreement with the selected grantee.
36.11    (b) "Grant agreement" means the document that details the responsibilities of the
36.12grantee and the granting agency and the value to be provided to the grantee.
36.13    (c) "Grantee" means a person that applies for or receives a grant.
36.14    (d) "Granting agency" means the government entity that provides the grant.
36.15    (e) "Opened" means the act that occurs once the deadline for submitting a response
36.16to a proposal to the granting agency has been reached.
36.17    (f) "Request for proposal" means the data outlining the responsibilities the granting
36.18agency wants the grantee to assume.
36.19    (g) "Response" means the data submitted by a grantee as required by a request for
36.20proposal.
36.21    Subd. 2. Request for applications. Data created by a granting agency to create a
36.22request for proposal is classified as nonpublic until the request for proposal is published.
36.23To the extent that a granting agency involves persons outside the granting agency to create
36.24the request for proposal, the data remain nonpublic in the hands of all persons who may
36.25not further disseminate any data that are created or reviewed as part of the request for
36.26proposal development. At publication, the data in the request for proposal is public.
36.27    Subd. 3. Responses to request for proposals. (a) Responses submitted by a grantee
36.28are private or nonpublic until the responses are opened. Once the responses are opened,
36.29the name and address of the grantee and the amount requested is public. All other data in a
36.30response is private or nonpublic data until completion of the evaluation process. After a
36.31granting agency has completed the evaluation process, all remaining data in the responses
36.32is public with the exception of trade secret data as defined and classified in section 13.37.
36.33A statement by a grantee that the response is copyrighted or otherwise protected does
36.34not prevent public access to the response.
37.1    (b) If all responses are rejected prior to completion of the evaluation process,
37.2all data, other than that made public at the opening, remain private or nonpublic
37.3until a resolicitation of proposals results in completion of the evaluation process or a
37.4determination is made to abandon the grant. If the rejection occurs after the completion of
37.5the evaluation process, the data remain public. If a resolicitation of proposals does not
37.6occur within one year of the grant opening date, the remaining data become public.
37.7    Subd. 4. Evaluation data. (a) Data created or maintained by a granting agency as
37.8part of the evaluation process referred to in this section are protected nonpublic data until
37.9completion of the evaluation process at which time the data are public with the exception
37.10of trade secret data as defined and classified in section 13.37.
37.11    (b) If a granting agency asks individuals outside the granting agency to assist with
37.12the evaluation of the responses, the granting agency may share not public data in the
37.13responses with those individuals. The individuals participating in the evaluation may not
37.14further disseminate the not public data they review.

37.15    Sec. 36. Minnesota Statutes 2006, section 13.605, subdivision 1, is amended to read:
37.16    Subdivision 1. Legislative and budget proposal data. (a) Definition. As used
37.17in this section, "state administration" means the governor's office, the Department of
37.18Finance, and any state agency that is under the direct control of the governor.
37.19    (b) Classifications. Legislative and budget proposals, including preliminary
37.20drafts, that are created, collected, or maintained by the state administration are protected
37.21nonpublic data. After until the budget is presented to the legislature by the state
37.22administration, supporting data, including agency requests, and are public data after the
37.23budget is presented to the legislature. Supporting data do not include preliminary drafts.
37.24The state administration may disclose any of the data within the state administration and
37.25to the public at any time if disclosure would aid the administration in considering and
37.26preparing its proposals.

37.27    Sec. 37. [15B.055] PARKING SPACES.
37.28    To provide the public with greater access to legislative proceedings, all parking
37.29spaces on Aurora Avenue in front of the Capitol building must be reserved for the public.

37.30    Sec. 38. Minnesota Statutes 2006, section 15B.17, subdivision 1, is amended to read:
37.31    Subdivision 1. Proposals. (a) Before a state agency or other public body develops,
37.32to submit to the legislature and the governor, a budget proposal or plans for capital
38.1improvements within the Capitol Area to submit to the legislature and the governor,
38.2it must consult with the board.
38.3    (b) The public body must provide enough money for the board's review and planning
38.4if the board decides its review and planning services are necessary. Money received by the
38.5board under this subdivision is deposited in the special revenue fund and appropriated in
38.6fiscal years 2008 and 2009 to the board.

38.7    Sec. 39. Minnesota Statutes 2006, section 16A.103, subdivision 1e, is amended to read:
38.8    Subd. 1e. Economic information. The commissioner must review economic
38.9information including economic forecasts with legislative fiscal staff no later than two
38.10weeks before the forecast is released. The commissioner must invite the chairs and lead
38.11minority members of the senate State Government Finance Committee and the house
38.12Ways and Means Committee, and legislative fiscal staff to attend any meetings held with
38.13outside economic advisors. The commissioner must provide legislative fiscal staff with
38.14monthly economic forecast information received from outside sources.

38.15    Sec. 40. [16A.104] BASE BUDGET DETAIL.
38.16    Within one week of the release of the budget forecasts required in section 16A.103
38.17in November of an even-numbered year and February of an odd-numbered year, the
38.18commissioner of finance must provide to the legislature information that illustrates how the
38.19base level budget for the next biennium is projected to be spent. In designing the report,
38.20the commissioner must consult with the chairs of the house of representatives and senate
38.21Finance Committees and the house of representatives Committee on Ways and Means.

38.22    Sec. 41. [16A.107] CASH FLOW FORECAST.
38.23    Within two weeks after the November forecast of state revenue and expenditures
38.24under section 16A.103, the commissioner shall deliver to the governor and the legislature
38.25a forecast of cash flow for the general fund, showing the expected maximum and minimum
38.26cash balance in the fund for each month of the forecast period.

38.27    Sec. 42. Minnesota Statutes 2006, section 16A.11, is amended by adding a subdivision
38.28to read:
38.29    Subd. 3d. Budget bills. The necessary bills to implement the governor's operating
38.30budget must be submitted to the legislature within two weeks after the operating budget
38.31was submitted. The necessary bills to implement the governor's capital budget must be
38.32submitted to the legislature within two weeks after the capital budget was submitted.

39.1    Sec. 43. [16A.117] CONTINUING APPROPRIATIONS.
39.2    If a major appropriation bill to fund a given state agency for the next biennium has
39.3not been passed in the same form by the house of representatives and senate and been
39.4presented to the governor before July 1 of an odd-numbered year, amounts sufficient to
39.5continue operation of that agency and the programs administered by that agency through
39.6July 31 of the fiscal year beginning in the same calendar year at the base level for that
39.7fiscal year, as determined according to section 16A.11, subdivision 3, and previous
39.8appropriation acts, are appropriated to the agency from the appropriate funds and accounts
39.9in the state treasury. The base level for an appropriation that was designated as onetime or
39.10was onetime in nature is zero. Determination of the amount appropriated may be made
39.11on a proration of the annual amount or another reasonable basis as determined by the
39.12commissioner of finance.

39.13    Sec. 44. Minnesota Statutes 2006, section 16A.1286, subdivision 2, is amended to read:
39.14    Subd. 2. Billing procedures. The commissioner may bill up to $7,520,000 in
39.15each fiscal year for statewide systems services provided to state agencies, judicial branch
39.16agencies, the University of Minnesota, the Minnesota State Colleges and Universities,
39.17and other entities. Billing must be based only on usage of services relating to statewide
39.18systems provided by the Intertechnologies Division. Each agency shall transfer from
39.19agency operating appropriations to the statewide systems account the amount billed by
39.20the commissioner. Billing policies and procedures related to statewide systems services
39.21must be developed by the commissioner in consultation with the commissioners of
39.22employee relations and administration, the University of Minnesota, and the Minnesota
39.23State Colleges and Universities.

39.24    Sec. 45. [16B.327] DEFINITIONS.
39.25    Subdivision 1. Application. For the purposes of section 16B.328, the definitions
39.26in this section have the meanings given.
39.27    Subd. 2. Energy conservation. "Energy conservation" means reducing energy use
39.28and includes: (1) using a light with lower wattage; and (2) using devices such as time
39.29controls, motion detectors, or on and off switches that limit unnecessary use of lighting.
39.30    Subd. 3. Cutoff luminaire. "Cutoff luminaire" means a luminaire in which 2.5
39.31percent or less of the lamp lumens are emitted above a horizontal plane through the
39.32luminaire's lowest part and ten percent or less of the lamp lumens are emitted at a vertical
39.33angle 80 degrees above the luminaire's lowest point.
40.1    Subd. 4. Light pollution. "Light pollution" means the shining of light produced by
40.2a luminaire above the height of the luminaire and into the sky.
40.3    Subd. 5. Lumen. "Lumen" means a unit of luminous flux. One footcandle is one
40.4lumen per square foot. For purposes of section 16B.328, the lumen-output values are
40.5the initial lumen output rating of the lamp.
40.6    Subd. 6. Luminaire "Luminaire" means a complete lighting unit consisting of a
40.7light source and all necessary mechanical, electrical, and decorative parts.
40.8    Subd. 7. Outdoor lighting fixture. "Outdoor lighting fixture" means any type of
40.9fixed or movable lighting equipment that is designed or used for illumination outdoors.
40.10The term includes billboard lighting, streetlights, searchlights, and other lighting used for
40.11advertising purposes and area lighting. The term does not include lighting equipment
40.12that is required by law to be installed on motor vehicles or lighting required for the safe
40.13operation of aircraft.

40.14    Sec. 46. [16B.328] STANDARDS FOR STATE FUNDED OUTDOOR LIGHTING
40.15FIXTURES; MODEL ORDINANCE.
40.16    Subdivision 1. Outdoor lighting fixtures. (a) An outdoor lighting fixture may be
40.17installed or replaced using state funds only if:
40.18    (1) the new or replacement outdoor lighting fixture is a cutoff luminaire if the rated
40.19output of the outdoor lighting fixture is greater than 1,800 lumens;
40.20    (2) the minimum illuminance adequate for the intended purpose is used with
40.21consideration given to nationally recognized standards;
40.22    (3) for lighting of a designated highway of the state highway system, the Department
40.23of Transportation determines that the purpose of the outdoor lighting fixture cannot be
40.24achieved by the installation of reflective road markers, lines, warning or informational
40.25signs, or other effective passive methods; and
40.26    (4) full consideration has been given to energy conservation and savings, reducing
40.27glare, minimizing light pollution, and preserving the natural night environment.
40.28    (b) Paragraph (a) does not apply if:
40.29    (1) a federal law, rule, or regulation preempts state law;
40.30    (2) the outdoor lighting fixture is used on a temporary basis because emergency
40.31personnel require additional illumination for emergency procedures;
40.32    (3) the outdoor lighting fixture is used on a temporary basis for nighttime work;
40.33    (4) special events or situations require additional illumination, provided that the
40.34illumination installed shields the outdoor lighting fixtures from direct view and minimizes
40.35upward lighting and light pollution;
41.1    (5) the outdoor lighting fixture is used solely to highlight the aesthetic aspects of
41.2a single object or distinctive building; or
41.3    (6) a compelling safety interest exists that cannot be addressed by another method.
41.4    (c) This subdivision does not apply to the operation and maintenance of lights or
41.5lighting systems purchased or installed, or for which design work is completed, before
41.6August 1, 2007.
41.7    (d) This section does not apply if a state agency or local unit of government
41.8determines that compliance with this section would:
41.9    (i) require an increased use of electricity;
41.10    (ii) increase the construction cost of a lighting system more than 15 percent over the
41.11construction cost of a lighting system that does not comply with this section;
41.12    (iii) increase the cost of operation and maintenance of the lighting system more than
41.13ten percent over the cost of operating and maintaining the existing lighting system over
41.14the life of the lighting system; or
41.15    (iv) result in a negative safety impact.
41.16    Subd. 2. Model ordinance. The commissioner of administration, in consultation
41.17with the commissioner of commerce, associations for local governments, and any other
41.18interested person, shall develop a model ordinance that can be adapted for use by cities,
41.19counties, and towns, governing outdoor lighting to reduce light pollution. The model
41.20ordinance must include provisions addressing elements similar to those in subdivision 1.
41.21In addition, the model ordinance must address:
41.22    (1) standards for lighting on private property, outdoor advertising, lighting on
41.23commercial, industrial, or institutional property, canopies covering fueling stations, and
41.24public streets, sidewalks, and alleys;
41.25    (2) how illumination levels should be measured;
41.26    (3) possible exemptions, such as for temporary emergency or hazard lighting;
41.27    (4) recommended elements for an exterior lighting plan for a development;
41.28    (5) treatment of nonconforming lighting;
41.29    (6) lighting standards that might apply in special subdistricts;
41.30    (7) light pole maximum heights; and
41.31    (8) light trespass.

41.32    Sec. 47. Minnesota Statutes 2006, section 16B.35, subdivision 1, is amended to read:
41.33    Subdivision 1. Percent of appropriations for art. An appropriation for the
41.34construction or alteration of any state building may contain an amount not to exceed
41.35the lesser of $100,000 or one percent of the total appropriation for the building for the
42.1acquisition of works of art, excluding landscaping, which may be an integral part of the
42.2building or its grounds, attached to the building or grounds or capable of being displayed
42.3in other state buildings. If the appropriation for works of art is limited by the $100,000
42.4cap in this section, the appropriation for the construction or alteration of the building must
42.5be reduced to reflect the reduced amount that will be spent on works of art. Money used
42.6for this purpose is available only for the acquisition of works of art to be exhibited in areas
42.7of a building or its grounds accessible, on a regular basis, to members of the public. No
42.8more than ten percent of the total amount available each fiscal year under this subdivision
42.9may be used for administrative expenses, either by the commissioner of administration or
42.10by any other entity to whom the commissioner delegates administrative authority. For the
42.11purposes of this section "state building" means a building the construction or alteration of
42.12which is paid for wholly or in part by the state.
42.13EFFECTIVE DATE.This section is effective July 1, 2007. The repeal of the
42.14$100,000 limit in this section applies to appropriations made before, on, or after that date.

42.15    Sec. 48. [16B.97] GRANTS MANAGEMENT.
42.16    Subdivision 1. Grant agreement. (a) A grant agreement is a written instrument
42.17or electronic document defining a legal relationship between a granting agency and a
42.18grantee when the principal purpose of the relationship is to transfer cash or something of
42.19value to the recipient to support a public purpose authorized by law instead of acquiring
42.20by professional/technical contract, purchase, lease, or barter property or services for the
42.21direct benefit or use of the granting agency.
42.22    (b) This section does not apply to capital project grants to political subdivisions as
42.23defined by section 16A.86.
42.24    Subd. 2. Grants governance. The commissioner shall provide leadership and
42.25direction for policy related to grants management in Minnesota in order to foster more
42.26consistent, streamlined interaction between executive agencies, funders, and grantees that
42.27will enhance access to grant opportunities and information and lead to greater program
42.28accountability and transparency. The commissioner has the duties and powers stated in this
42.29section. An executive agency must do what the commissioner requires under this section.
42.30    Subd. 3. Discretionary powers. The commissioner has the authority to:
42.31    (1) review grants management practices and propose policy and procedure
42.32improvements to the governor, legislature, executive agencies, and the federal government;
42.33    (2) sponsor, support, and facilitate innovative and collaborative grants management
42.34projects with public and private organizations;
42.35    (3) review, recommend, and implement alternative strategies for grants management;
43.1    (4) collect and disseminate information, issue reports relating to grants management,
43.2and sponsor and conduct conferences and studies; and
43.3    (5) participate in conferences and other appropriate activities related to grants
43.4management issues.
43.5    Subd. 4. Duties. (a) The commissioner shall:
43.6    (1) create general grants management policies and procedures that are applicable to
43.7all executive agencies. The commissioner may approve exceptions to these policies and
43.8procedures for particular grant programs. Exceptions shall expire or be renewed after five
43.9years. Executive agencies shall retain management of individual grants programs;
43.10    (2) provide a central point of contact concerning statewide grants management
43.11policies and procedures;
43.12    (3) serve as a resource to executive agencies in such areas as training, evaluation,
43.13collaboration, and best practices in grants management;
43.14    (4) ensure grants management needs are considered in the development, upgrade,
43.15and use of statewide administrative systems and leverage existing technology whereever
43.16possible;
43.17    (5) oversee and approve future professional and technical service contracts and
43.18other information technology spending related to executive agency grants management
43.19activities;
43.20    (6) provide a central point of contact for comments about executive agencies
43.21violating statewide grants governance policies and about fraud and waste in grants
43.22processes;
43.23    (7) forward received comments to the appropriate agency for further action, and
43.24may follow up as necessary; and
43.25    (8) provide a single listing of all available executive agency competitive grant
43.26opportunities and resulting grant recipients.
43.27    (b) The commissioner may determine that it is cost-effective for agencies to develop
43.28and use shared grants management technology systems. This system would be governed
43.29under section 16E.01, subdivision 3, paragraph (b).
43.30    (c) The duties assigned to the commissioner in this subdivision with respect to
43.31grants also apply to easements granted by executive agencies.

43.32    Sec. 49. [16B.98] GRANT AGREEMENTS.
43.33    Subdivision 1. Limitation. As a condition of receiving a grant from an appropriation
43.34of state funds, the recipient of the grant must agree to minimize administrative costs. The
44.1granting agency is responsible for negotiating appropriate limits to these costs so that the
44.2state derives the optimum benefit for grant funding.
44.3    Subd. 2. Ethical practices and conflict of interest. An employee of the executive
44.4branch involved directly or indirectly in grants processes, at any level, is subject to the
44.5code of ethics in section 43A.38.
44.6    Subd. 3. Conflict of interest. (a) The commissioner must develop policies
44.7regarding code of ethics and conflict of interest designed to prevent conflicts of interest
44.8for employees, committee members, or others involved in the recommendation, award,
44.9and administration of grants. The policies must apply to employees who are directly or
44.10indirectly in the grants process, which may include the following:
44.11    (1) developing request for proposals or evaluation criteria;
44.12    (2) drafting, recommending, awarding, amending, revising, or entering into grant
44.13agreements;
44.14    (3) evaluating or monitoring performance; or
44.15    (4) authorizing payments.
44.16    (b) The policies must include:
44.17    (1) a process to make all parties to the grant aware of policies and laws relating to
44.18conflict of interest, and training on how to avoid and address potential conflicts; and
44.19    (2) a process under which those who have a conflict of interest or a potential conflict
44.20of interest must disclose the matter.
44.21    (c) If the employee, appointing authority, or commissioner determines that a conflict
44.22of interest exists, the matter shall be assigned to another employee who does not have a
44.23conflict of interest. If it is not possible to assign the matter to an employee who does not
44.24have a conflict of interest, interested personnel shall be notified of the conflict and the
44.25employee may proceed with the assignment.
44.26    Subd. 4. Reporting of violations. A state employee who discovers evidence
44.27of violation of laws or rules governing grants is encouraged to report the violation or
44.28suspected violation to the employee's supervisor, the commissioner or the commissioner's
44.29designee, or the legislative auditor. The legislative auditor shall report to the Legislative
44.30Audit Commission if there are multiple complaints about the same agency. The auditor's
44.31report to the Legislative Audit Commission under this section must disclose only the
44.32number and type of violations alleged. An employee making a good faith report under this
44.33section has the protections provided for under section 181.932, prohibiting the employer
44.34from discriminating against the employee.
44.35    Subd. 5. Creation and validity of grant agreements. (a) A grant agreement is
44.36not valid and the state is not bound by the grant unless:
45.1    (1) the grant has been executed by the head of the agency or a delegate who is
45.2party to the grant; and
45.3    (2) the accounting system shows an encumbrance for the amount of the grant in
45.4accordance with policy approved by the commissioner.
45.5    (b) The combined grant agreement and amendments must not exceed five years
45.6without specific, written approval by the commissioner according to established policy,
45.7procedures, and standards, or unless the commissioner determines that a longer duration is
45.8in the best interest of the state.
45.9    (c) A fully executed copy of the grant agreement with all amendments and other
45.10required records relating to the grant must be kept on file at the granting agency for a time
45.11equal to that required of grantees in subdivision 8.
45.12    (d) Grant agreements must comply with policies established by the commissioner
45.13for minimum grant agreement standards and practices.
45.14    (e) The attorney general may periodically review and evaluate a sample of state
45.15agency grants to ensure compliance with applicable laws.
45.16    Subd. 6. Grant administration. A granting agency shall diligently administer
45.17and monitor any grant it has entered into.
45.18    Subd. 7. Grant payments. Payments to the grantee may not be issued until the
45.19grant agreement is fully executed.
45.20    Subd. 8. Audit. (a) A grant agreement made by an executive agency must include
45.21an expressed or implied audit clause that provides that the books, records, documents,
45.22and accounting procedures and practices of the grantee or other party that are relevant to
45.23the grant or transaction are subject to examination by the granting agency and either the
45.24legislative auditor or the state auditor, as appropriate, for a minimum of six years from the
45.25grant agreement end date, receipt and approval of all final reports, or the required period
45.26of time to satisfy all state and program retention requirements, whichever is later.
45.27    (b) If the granting agency is a local unit of government, and the governing body of
45.28the local unit of government requests that the state auditor examine the books, records,
45.29documents, and accounting procedures and practices of the grantee or other party
45.30according to this subdivision, the granting agency shall be liable for the cost of the
45.31examination. If the granting agency is a local unit of government, and the grantee or other
45.32party requests that the state auditor examine all books, records, documents, and accounting
45.33procedures and practices related to the grant, the grantee or other party that requested the
45.34examination shall be liable for the cost of the examination.
45.35    Subd. 9. Authority of attorney general. The attorney general may pursue
45.36remedies available by law to avoid the obligation of an agency to pay under a grant or to
46.1recover payments made if activities under the grant are so unsatisfactory, incomplete, or
46.2inconsistent that payment would involve unjust enrichment. The contrary opinion of the
46.3granting agency does not affect the power of the attorney general under this subdivision.
46.4    Subd. 10. Grants with Indian tribes and bands. Notwithstanding any other law,
46.5an agency may not require an Indian tribe or band to deny its sovereignty as a requirement
46.6or condition of a grant with an agency.

46.7    Sec. 50. Minnesota Statutes 2006, section 16C.02, is amended by adding a subdivision
46.8to read:
46.9    Subd. 3a. Best and final offer. "Best and final offer" means an optional step in
46.10the solicitation process in which responders are requested to improve their response by
46.11methods including, but not limited to, the reduction of cost, clarification or modification of
46.12the response, or the provision of additional information.

46.13    Sec. 51. Minnesota Statutes 2006, section 16C.02, subdivision 4, is amended to read:
46.14    Subd. 4. Best value. "Best value" describes a result intended in the acquisition of all
46.15goods and services. Price must be one of the evaluation criteria when acquiring goods
46.16and services. Other evaluation criteria may include, but are not limited to, environmental
46.17considerations, quality, and vendor performance. In achieving "best value" strategic
46.18sourcing tools, including but not limited to best and final offers, negotiations, contract
46.19consolidation, product standardization, and mandatory-use enterprise contracts shall be
46.20used at the commissioner's discretion.

46.21    Sec. 52. Minnesota Statutes 2006, section 16C.02, is amended by adding a subdivision
46.22to read:
46.23    Subd. 6a. Enterprise procurement. "Enterprise procurement" means the process
46.24undertaken by the commissioner to leverage economies of scale of multiple end users to
46.25achieve cost savings and other favorable terms in contracts for goods and services.

46.26    Sec. 53. Minnesota Statutes 2006, section 16C.02, subdivision 12, is amended to read:
46.27    Subd. 12. Request for proposal or RFP. "Request for proposal" or "RFP" means a
46.28solicitation in which it is not advantageous to set forth all the actual, detailed requirements
46.29at the time of solicitation and responses are subject to negotiation negotiated to achieve
46.30best value for the state.

46.31    Sec. 54. Minnesota Statutes 2006, section 16C.02, subdivision 14, is amended to read:
47.1    Subd. 14. Response. "Response" means the offer received from a vendor in
47.2response to a solicitation. A response includes submissions commonly referred to as
47.3"offers," "bids," "quotes," or "proposals.," "best and final offers," or "negotiated offers."

47.4    Sec. 55. Minnesota Statutes 2006, section 16C.02, is amended by adding a subdivision
47.5to read:
47.6    Subd. 20. Strategic sourcing. "Strategic sourcing" means methods used to
47.7analyze and reduce spending on goods and services, including but not limited to
47.8spend analysis, product standardization, contract consolidation, negotiations, multiple
47.9jurisdiction purchasing alliances, reverse and forward auctions, life-cycle costing, and
47.10other techniques.

47.11    Sec. 56. Minnesota Statutes 2006, section 16C.03, subdivision 2, is amended to read:
47.12    Subd. 2. Rulemaking authority. Subject to chapter 14, the commissioner may
47.13adopt rules, consistent with this chapter and chapter 16B, relating to the following topics:
47.14    (1) procurement process including solicitations and responses to solicitations, bid
47.15security, vendor errors, opening of responses, award of contracts, tied bids, and award
47.16protest process;
47.17    (2) contract performance and failure to perform;
47.18    (3) authority to debar or suspend vendors, and reinstatement of vendors;
47.19    (4) contract cancellation;
47.20    (5) procurement from rehabilitation facilities; and
47.21    (6) organizational conflicts of interest.

47.22    Sec. 57. Minnesota Statutes 2006, section 16C.03, subdivision 4, is amended to read:
47.23    Subd. 4. Contracting authority. The commissioner shall conduct all contracting by,
47.24for, and between agencies and perform all contract management and review functions for
47.25contracts, except those functions specifically delegated to be performed by the contracting
47.26agency, the attorney general, or otherwise provided for by law. The commissioner may
47.27require that agency staff participate in the development of enterprise procurements
47.28including the development of product standards, specifications and other requirements.

47.29    Sec. 58. Minnesota Statutes 2006, section 16C.03, subdivision 8, is amended to read:
47.30    Subd. 8. Policy and procedures. The commissioner is authorized to issue policies,
47.31procedures, and standards applicable to all acquisition activities by and for agencies.
47.32Consistent with the authority specified in this chapter, the commissioner shall develop
48.1and implement policies, procedures, and standards ensuring the optimal use of strategic
48.2sourcing techniques.

48.3    Sec. 59. Minnesota Statutes 2006, section 16C.03, subdivision 16, is amended to read:
48.4    Subd. 16. Delegation of duties. The commissioner may delegate duties imposed by
48.5this chapter to the head of an agency and to any subordinate of the agency head. Delegated
48.6duties shall be exercised in the name of the commissioner and under the commissioner's
48.7direct supervision and control. A delegation of duties may include, but is not limited to,
48.8allowing individuals within agencies to acquire goods, services, and utilities within dollar
48.9limitations and for designated types of acquisitions. Delegation of contract management
48.10and review functions must be filed with the secretary of state and may not, except with
48.11respect to delegations within the Department of Administration, exceed two years in
48.12duration. The commissioner may withdraw any delegation at the commissioner's sole
48.13discretion. The commissioner may require an agency head or subordinate to accept
48.14delegated responsibility to procure goods or services intended for the exclusive use of the
48.15agency receiving the delegation.

48.16    Sec. 60. [16C.046] WEB SITE WITH SEARCHABLE DATABASE ON STATE
48.17CONTRACTS AND GRANTS.
48.18    (a) The commissioner of administration must maintain a Web site with a searchable
48.19database providing the public with information on state contracts, including grant
48.20contracts. The database must include the following information for each state contract
48.21valued in excess of $25,000:
48.22    (1) the name and address of the entity receiving the contract;
48.23    (2) the name of the agency entering into the contract;
48.24    (3) whether the contract is:
48.25    (i) for goods;
48.26    (ii) for professional or technical services;
48.27    (iii) for services other than professional and technical services; or
48.28    (iv) a grant;
48.29    (4) a brief statement of the purpose of the contract or grant;
48.30    (5) the amount of the contract or grant and the fund from which this amount will be
48.31paid; and
48.32    (6) the dollar value of state contracts, other than grants, the entity has received in each
48.33fiscal year and the dollar value of state grants the entity has received in each fiscal year.
49.1    (b) Required information on a new contract or grant must be entered into the
49.2database within 30 days of the time the contract is entered into.
49.3    (c) For purposes of this section, a "grant" is a contract between a state agency and
49.4a recipient, the primary purpose of which is to transfer cash or a thing of value to the
49.5recipient to support a public purpose. Grant does not include payments to units of local
49.6government, payments to state employees, or payments made under laws providing for
49.7assistance to individuals.
49.8    (d) The database must include information on grants and contracts entered into
49.9beginning with fiscal year 2008 funds, and must retain that data for ten years.
49.10EFFECTIVE DATE.This section is effective January 1, 2008.

49.11    Sec. 61. Minnesota Statutes 2006, section 16C.05, subdivision 1, is amended to read:
49.12    Subdivision 1. Agency cooperation. Agencies shall fully cooperate with the
49.13commissioner in the management and review of state contracts and in the development
49.14and implementation of strategic sourcing techniques.

49.15    Sec. 62. Minnesota Statutes 2006, section 16C.05, subdivision 2, is amended to read:
49.16    Subd. 2. Creation and validity of contracts. (a) A contract is not valid and the state
49.17is not bound by it and no agency, without the prior written approval of the commissioner
49.18granted pursuant to subdivision 2a, may authorize work to begin on it unless:
49.19    (1) it has first been executed by the head of the agency or a delegate who is a party
49.20to the contract;
49.21    (2) it has been approved by the commissioner; and
49.22    (3) the accounting system shows an encumbrance for the amount of the contract
49.23liability, except as allowed by policy approved by the commissioner and commissioner of
49.24finance for routine, low-dollar procurements.
49.25    (b) The combined contract and amendments must not exceed five years without
49.26specific, written approval by the commissioner according to established policy, procedures,
49.27and standards, or unless otherwise provided for by law. The term of the original contract
49.28must not exceed two years unless the commissioner determines that a longer duration is
49.29in the best interest of the state.
49.30    (c) Grants, interagency agreements, purchase orders, work orders, and annual plans
49.31need not, in the discretion of the commissioner and attorney general, require the signature
49.32of the commissioner and/or the attorney general. A signature is not required for work
49.33orders and amendments to work orders related to Department of Transportation contracts.
50.1Bond purchase agreements by the Minnesota Public Facilities Authority do not require
50.2the approval of the commissioner.
50.3    (d) Amendments to contracts must entail tasks that are substantially similar to
50.4those in the original contract or involve tasks that are so closely related to the original
50.5contract that it would be impracticable for a different contractor to perform the work. The
50.6commissioner or an agency official to whom the commissioner has delegated contracting
50.7authority under section 16C.03, subdivision 16, must determine that an amendment would
50.8serve the interest of the state better than a new contract and would cost no more.
50.9    (e) A fully executed copy of every contract, amendments to the contract, and
50.10performance evaluations relating to the contract must be kept on file at the contracting
50.11agency for a time equal to that specified for contract vendors and other parties in
50.12subdivision 5.
50.13    (f) The attorney general must periodically review and evaluate a sample of state
50.14agency contracts to ensure compliance with laws.

50.15    Sec. 63. Minnesota Statutes 2006, section 16C.08, is amended by adding a subdivision
50.16to read:
50.17    Subd. 1a. Enterprise procurement. Notwithstanding section 15.061 or any
50.18other law, the commissioner shall, to the fullest extent practicable, conduct enterprise
50.19procurements that result in the establishment of professional or technical contracts for
50.20use by multiple state agencies. The commissioner is authorized to mandate use of any
50.21contract entered into as a result of an enterprise procurement process. Agencies shall fully
50.22cooperate in the development and use of contracts entered into under this section.

50.23    Sec. 64. Minnesota Statutes 2006, section 16C.08, subdivision 2, is amended to read:
50.24    Subd. 2. Duties of contracting agency. (a) Before an agency may seek approval of
50.25a professional or technical services contract valued in excess of $5,000, it must provide
50.26the following:
50.27    (1) a description of how the proposed contract or amendment is necessary and
50.28reasonable to advance the statutory mission of the agency;
50.29    (2) a description of the agency's plan to notify firms or individuals who may be
50.30available to perform the services called for in the solicitation; and
50.31    (3) a description of the performance measures or other tools that will be used to
50.32monitor and evaluate contract performance.; and
50.33    (4) an explanation detailing, if applicable, why this procurement is being pursued
50.34unilaterally by the agency and not as an enterprise procurement.
51.1    (b) In addition to paragraph (a), the agency must certify that:
51.2    (1) no current state employee is able and available to perform the services called
51.3for by the contract;
51.4    (2) the normal competitive bidding mechanisms will not provide for adequate
51.5performance of the services;
51.6    (3) reasonable efforts will be made to publicize the availability of the contract to
51.7the public;
51.8    (4) the agency will develop and implement a written plan providing for the
51.9assignment of specific agency personnel to manage the contract, including a monitoring
51.10and liaison function, the periodic review of interim reports or other indications of past
51.11performance, and the ultimate utilization of the final product of the services;
51.12    (5) the agency will not allow the contractor to begin work before the contract is fully
51.13executed unless an exception under section 16C.05, subdivision 2a, has been granted by
51.14the commissioner and funds are fully encumbered;
51.15    (6) the contract will not establish an employment relationship between the state or
51.16the agency and any persons performing under the contract; and
51.17    (7) in the event the results of the contract work will be carried out or continued by
51.18state employees upon completion of the contract, the contractor is required to include
51.19state employees in development and training, to the extent necessary to ensure that after
51.20completion of the contract, state employees can perform any ongoing work related to
51.21the same function.; and
51.22    (8) the agency will not contract out its previously eliminated jobs for four years
51.23without first considering the same former employees who are on the seniority unit layoff
51.24list who meet the minimum qualifications determined by the agency.
51.25    (c) A contract establishes an employment relationship for purposes of paragraph (b),
51.26clause (6), if, under federal laws governing the distinction between an employee and an
51.27independent contractor, a person would be considered an employee.

51.28    Sec. 65. Minnesota Statutes 2006, section 16C.08, subdivision 4, is amended to read:
51.29    Subd. 4. Reports. (a) The commissioner shall submit to the governor, the chairs of
51.30the house Ways and Means and senate Finance Committees, and the Legislative Reference
51.31Library a yearly listing of all contracts for professional or technical services executed.
51.32The report must identify the contractor, contract amount, duration, and services to be
51.33provided. The commissioner shall also issue yearly reports summarizing the contract
51.34review activities of the department by fiscal year.
51.35    (b) The fiscal year report must be submitted by September 1 of each year and must:
52.1    (1) be sorted by agency and by contractor;
52.2    (2) show the aggregate value of contracts issued by each agency and issued to each
52.3contractor;
52.4    (3) distinguish between contracts that are being issued for the first time and contracts
52.5that are being extended;
52.6    (4) state the termination date of each contract;
52.7    (5) identify services by commodity code, including topics such as contracts for
52.8training, contracts for research and opinions, and contracts for computer systems; and
52.9    (6) identify which contracts were awarded without following the solicitation process
52.10in this chapter because it was determined that there was only a single source for the
52.11services.
52.12    (c) Within 30 days of final completion of a contract over $50,000 covered by this
52.13subdivision, the head of the agency entering into the contract must submit a one-page
52.14report to the commissioner who must submit a copy to the Legislative Reference Library.
52.15The report must:
52.16    (1) summarize the purpose of the contract, including why it was necessary to enter
52.17into a contract;
52.18    (2) state the amount spent on the contract;
52.19    (3) be accompanied by the performance evaluation prepared according to subdivision
52.204a; and
52.21    (4) (3) if the contract was awarded without following the solicitation process in this
52.22chapter because it was determined that there was only a single source for the services,
52.23explain why the agency determined there was only a single source for the services.; and
52.24    (4) include a written performance evaluation of the work done under the contract.
52.25The evaluation must include an appraisal of the contractor's timeliness, quality, cost, and
52.26overall performance in meeting the terms and objectives of the contract. Contractors may
52.27request copies of evaluations prepared under this subdivision and may respond in writing.
52.28Contractor responses must be maintained with the contract file.

52.29    Sec. 66. Minnesota Statutes 2006, section 16C.08, is amended by adding a subdivision
52.30to read:
52.31    Subd. 4b. Limitations on actions. No action may be maintained by a contractor
52.32against an employee or agency who discloses information about a current or former
52.33contractor under subdivision 4, unless the contractor demonstrates by clear and convincing
52.34evidence that:
52.35    (1) the information was false and defamatory;
53.1    (2) the employee or agency knew or should have known the information was false
53.2and acted with malicious intent to injure the current or former contractor; and
53.3    (3) the information was acted upon in a manner that caused harm to the current or
53.4former contractor.

53.5    Sec. 67. [16C.086] CALL-CENTER.
53.6    An agency may not enter into a contract for operation of a call-center, or a contract
53.7whose primary purpose is to provide similar services answering or responding to telephone
53.8calls on behalf of an agency without determining if the service can be provided by state
53.9employees, and the services must be provided at offices located in the United States. For
53.10purposes of this section, "agency" includes the Minnesota State Colleges and Universities.
53.11EFFECTIVE DATE.This section is effective the day following final enactment,
53.12and applies to a contract entered into or renewed or otherwise extended after that date.

53.13    Sec. 68. Minnesota Statutes 2006, section 16C.10, subdivision 7, is amended to read:
53.14    Subd. 7. Reverse auction. (a) For the purpose of this subdivision, "reverse auction"
53.15means a purchasing process in which vendors compete to provide goods or computer
53.16services at the lowest selling price in an open and interactive environment. Reverse
53.17auctions may not be utilized to procure engineering design services or architectural
53.18services or to establish building and construction contracts under sections 16C.26 to
53.1916C.29.
53.20    (b) The provisions of sections 13.591, subdivision 3, and 16C.06, subdivision 2,
53.21do not apply when the commissioner determines that a reverse auction is the appropriate
53.22purchasing process.

53.23    Sec. 69. Minnesota Statutes 2006, section 16C.16, subdivision 5, is amended to read:
53.24    Subd. 5. Designation of targeted groups. (a) The commissioner of administration
53.25shall periodically designate businesses that are majority owned and operated by women,
53.26persons with a substantial physical disability, or specific minorities as targeted group
53.27businesses within purchasing categories as determined by the commissioner. A group
53.28may be targeted within a purchasing category if the commissioner determines there is a
53.29statistical disparity between the percentage of purchasing from businesses owned by
53.30group members and the representation of businesses owned by group members among all
53.31businesses in the state in the purchasing category.
53.32    (b) In addition to designations under paragraph (a), an individual business may be
53.33included as a targeted group business if the commissioner determines that inclusion is
54.1necessary to remedy discrimination against the owner based on race, gender, or disability
54.2in attempting to operate a business that would provide goods or services to public agencies.
54.3    (c) In addition to the designations under paragraphs (a) and (b), the commissioner of
54.4administration shall designate businesses that are majority owned and operated by veterans
54.5who have served in federal active service as defined in section 190.05, subdivision 5c, in
54.6support of Operation Enduring Freedom or Operation Iraqi Freedom as targeted group
54.7businesses within purchasing categories as determined by the commissioner. "Veteran"
54.8has the meaning given in section 197.447, and also includes both currently serving and
54.9honorably discharged members of the national guard and other military reserves.
54.10    (c) (d) The designations of purchasing categories and businesses under paragraphs
54.11(a) and, (b), and (c) are not rules for purposes of chapter 14, and are not subject to
54.12rulemaking procedures of that chapter.
54.13EFFECTIVE DATE.This section is effective July 1, 2007, and applies to
54.14procurement contract bid solicitations issued on and after that date.

54.15    Sec. 70. [16C.251] BEST AND FINAL OFFER.
54.16    A "best and final offer" solicitation process may not be used for building and
54.17construction contracts.

54.18    Sec. 71. [16E.22] LICENSING SYSTEM.
54.19    The state chief information officer may enter into a professional or technical services
54.20contract for information systems development in which the vendor finances all or part
54.21of the cost of system development. The state chief information officer may assess and
54.22accept a fee for business and occupational licenses for the purpose of developing and
54.23maintaining a licensing system. Before implementing a fee under this section, the director
54.24must submit the proposed fee to the Legislative Advisory Commission for its review. Fees
54.25under this section must be established under the rulemaking process in section 14.389.
54.26Section 16A.1283 does not apply to fees established under this section. Fee revenue
54.27received under this section is appropriated in fiscal years 2008 and 2009 to the Office of
54.28Enterprise Technology for purposes of developing and maintaining an electronic system
54.29for business and occupational licenses.

54.30    Sec. 72. Minnesota Statutes 2006, section 37.06, is amended to read:
54.3137.06 SECRETARY; LEGISLATIVE AUDITOR; DUTIES; REPORT.
55.1    The secretary shall keep a complete record of the proceedings of the annual meetings
55.2of the State Agricultural Society and all meetings of the board of managers and any
55.3committee of the board, keep all accounts of the society other than those kept by the
55.4treasurer of the society, and perform other duties as directed by the board of managers. On
55.5or before December 31 each year, the secretary shall report to the governor for the fiscal
55.6year ending October 31 all the proceedings of the society during the current year and its
55.7financial condition as appears from its books. This report must contain a full, detailed
55.8statement of all receipts and expenditures during the year.
55.9    The books and accounts of the society for the fiscal year must be examined and
55.10audited annually by the legislative auditor. The cost of the examination must be paid by the
55.11society to the state and credited to the general fund appropriation for the legislative auditor.
55.12    A summary of this examination, certified by the legislative auditor, must be
55.13appended to the secretary's report, along with the legislative auditor's recommendations
55.14and the proceedings of the first annual meeting of the society held following the secretary's
55.15report, including addresses made at the meeting as directed by the board of managers. The
55.16summary, recommendations, and proceedings must be printed in the same manner as the
55.17reports of state officers. Copies of the report must be printed annually and distributed as
55.18follows: to each society or association entitled to membership in the society, to each
55.19newspaper in the state, and the remaining copies as directed by the board of managers.
55.20EFFECTIVE DATE.This section is effective the day following final enactment.

55.21    Sec. 73. Minnesota Statutes 2006, section 43A.02, is amended by adding a subdivision
55.22to read:
55.23    Subd. 18a. Domestic partner. "Domestic partner" means a person who has entered
55.24into a committed interdependent relationship with another adult, where the partners:
55.25    (1) are responsible for each other's basic common welfare;
55.26    (2) share a common residence and intend to do so indefinitely;
55.27    (3) are not related by blood or adoption to an extent that would prohibit marriage in
55.28this state; and
55.29    (4) are legally competent and qualified to enter into a contract.
55.30    For purposes of this subdivision, domestic partners may share a common residence,
55.31even if:
55.32    (1) they do not each have a legal right to possess the residence; or
55.33    (2) one or both domestic partners possess additional real property.
56.1    If one domestic partner temporarily leaves the common residence with the intention
56.2to return, the domestic partners continue to share a common residence for the purposes
56.3of this subdivision.

56.4    Sec. 74. Minnesota Statutes 2006, section 43A.24, subdivision 1, is amended to read:
56.5    Subdivision 1. General. Employees, including persons on layoff from a civil
56.6service position, and employees who are employed less than full time, shall be eligible
56.7for state paid life insurance and hospital, medical and dental benefits as provided in
56.8collective bargaining agreements or plans established pursuant to section 43A.18. If a
56.9collective bargaining agreement or plan provides state paid health insurance for spouses of
56.10employees, the insurance must be made available to domestic partners of state employees
56.11on the same terms and conditions.

56.12    Sec. 75. Minnesota Statutes 2006, section 43A.49, is amended to read:
56.1343A.49 VOLUNTARY UNPAID LEAVE OF ABSENCE.
56.14    (a) Appointing authorities in state government may allow each employee to take
56.15unpaid leaves of absence for up to 1,040 hours between June 1, 2003, and June 30, 2005.
56.16The 1,040 hour limit replaces, and is not in addition to, limits set in prior laws in each
56.17two-year period beginning July 1 of each odd-numbered year. Each appointing authority
56.18approving such a leave shall allow the employee to continue accruing vacation and
56.19sick leave, be eligible for paid holidays and insurance benefits, accrue seniority, and, if
56.20payments are made under paragraph (b), accrue service credit and credited salary in the
56.21state retirement plans, as if the employee had actually been employed during the time of
56.22leave. An employee covered by the unclassified plan may voluntarily make the employee
56.23contributions to the unclassified plan during the leave of absence. If the employee makes
56.24these contributions, the appointing authority must make the employer contribution. If the
56.25leave of absence is for one full pay period or longer, any holiday pay shall be included in
56.26the first payroll warrant after return from the leave of absence. The appointing authority
56.27shall attempt to grant requests for the unpaid leaves of absence consistent with the need to
56.28continue efficient operation of the agency. However, each appointing authority shall retain
56.29discretion to grant or refuse to grant requests for leaves of absence and to schedule and
56.30cancel leaves, subject to the applicable provisions of collective bargaining agreements
56.31and compensation plans.
56.32    (b) To receive eligible service credit and credited salary in a defined benefit plan, the
56.33member shall pay an amount equal to the applicable employee contribution rates. If an
56.34employee pays the employee contribution for the period of the leave under this section,
57.1the appointing authority must pay the employer contribution. The appointing authority
57.2may, at its discretion, pay the employee contributions. Contributions must be made in a
57.3time and manner prescribed by the executive director of the Minnesota State Retirement
57.4Association System.

57.5    Sec. 76. [43A.50] CERTIFICATE OF PAY EQUITY COMPLIANCE.
57.6    Subdivision 1. Scope of application. For a contract for goods or services in excess
57.7of $100,000, a state department or agency may not accept a bid or proposal from a
57.8business having more than 40 full-time employees within the state on a single working
57.9day during the previous 12 months unless the commissioner has approved the business'
57.10plan to establish equitable compensation relationships for its employees and has issued the
57.11business a certificate of compliance. A certificate of compliance is valid for two years.
57.12    Subd. 2. Compliance; good faith effort. (a) The commissioner must approve a
57.13plan and issue a certificate of compliance under this section to a business if the business
57.14demonstrates that it is in compliance with equitable compensation relationship standards
57.15or is making a good faith effort to achieve compliance with those standards. The standards
57.16for determining equitable compensation relationships for a business under this section
57.17are the same as the standards in sections 471.991 to 471.997 and rules adopted under
57.18those sections.
57.19    (b) A business that is not in compliance with equitable compensation relationship
57.20standards is making a good faith effort to achieve compliance if the commissioner has
57.21approved:
57.22    (1) a plan for achieving compliance, including the business' proposed actions and
57.23response to the commissioner's recommendations; and
57.24    (2) a proposed date for achieving compliance and for submitting a revised report
57.25for the commissioner's review.
57.26    Subd. 3. Filing fee; account; appropriation. The commissioner shall collect
57.27a $75 fee for each certificate of compliance issued by the commissioner under this
57.28section. The proceeds of the fee must be deposited in a pay equity fee special revenue
57.29account. Money in the account is appropriated to the commissioner to fund the cost of
57.30administering this section.
57.31    Subd. 4. Revocation of certificate. A certificate of compliance may be suspended or
57.32revoked by the commissioner of administration if a holder of a certificate is not effectively
57.33implementing or making a good faith effort to implement its approved plan to establish
57.34equitable compensation relationships. If a contractor does not effectively implement its
58.1approved plan, or fails to make a good faith effort to do so, the commissioner of employee
58.2relations may refuse to approve subsequent plans submitted by that business.
58.3    Subd. 5. Revocation of contract. A contract awarded by a department or agency of
58.4the state may be terminated or abridged by the contracting department or agency because
58.5of suspension or revocation of a certificate. If a contract is awarded to a person who
58.6does not have a contract compliance certificate required, the commissioner may void
58.7the contract on behalf of the state.
58.8    Subd. 6. Technical assistance. If the commissioner of administration has
58.9suspended a contractor's certificate of compliance, the commissioner shall provide
58.10technical assistance that may enable the contractor to be recertified within 90 days after
58.11the contractor's certificate has been suspended.
58.12    Subd. 7. Access to data. Data submitted to the commissioner by a contractor
58.13or potential contractor for purposes of obtaining a certificate of compliance under this
58.14section are private data on individuals or nonpublic data with respect to persons other
58.15than department employees. The commissioner's decision to grant, not grant, revoke, or
58.16suspend a certificate of compliance is public data.
58.17EFFECTIVE DATE.This section is effective July 1, 2007, and applies to contracts
58.18for which a state department or agency issues solicitations on or after that date.

58.19    Sec. 77. Minnesota Statutes 2006, section 103D.355, is amended to read:
58.20103D.355 ANNUAL AUDIT.
58.21    Subdivision 1. Requirement. The managers must have an annual audit completed
58.22of the books and accounts of the watershed district. The annual audit may be made by
58.23a private certified public accountant or by the state auditor. The annual audit must be
58.24made by a certified public accountant or the state auditor at least once every five years, or
58.25when cumulative district revenues or expenditures exceed an amount established by the
58.26board in consultation with the state auditor.
58.27    Subd. 2. Audit by state auditor. (a) If the annual An audit is to be made by the
58.28state auditor, the audit must may be initiated by a petition of the resident owners of the
58.29watershed district or resolution of the managers of the watershed district. The petition
58.30must request an annual audit pursuant to the authority granted municipalities under
58.31sections 6.54 and 6.55. The state auditor may conduct such examinations of accounts and
58.32records as the state auditor may deem the public interest to demand.
58.33    (b) If the audit or examination is made by the state auditor, the watershed
58.34district receiving the examination must pay the state the total cost and expenses of the
59.1examination, including the salaries paid to the examiners while actually engaged in
59.2making the examination. The general fund must be credited with all collections made
59.3for examinations under this subdivision.
59.4    Subd. 3. Reports for state auditor. The managers must make and submit reports
59.5demanded by the state auditor.

59.6    Sec. 78. Minnesota Statutes 2006, section 161.1419, subdivision 8, is amended to read:
59.7    Subd. 8. Expiration. The commission expires on June 30, 2007 2012.

59.8    Sec. 79. Minnesota Statutes 2006, section 181.9413, is amended to read:
59.9181.9413 SICK OR INJURED CHILD CARE LEAVE BENEFITS; USE TO
59.10CARE FOR CERTAIN RELATIVES.
59.11    (a) An employee may use personal sick leave benefits provided by the employer
59.12for absences due to an illness of or injury to the employee's child, spouse, sibling, parent,
59.13grandparent, stepparent, or domestic partner for such reasonable periods as the employee's
59.14attendance with the child may be necessary, on the same terms upon which the employee
59.15is able to use sick leave benefits for the employee's own illness or injury. This section
59.16applies only to personal sick leave benefits payable to the employee from the employer's
59.17general assets.
59.18    (b) For purposes of this section, "personal sick leave benefits" means time accrued
59.19and available to an employee to be used as a result of absence from work due to personal
59.20illness or injury, but does not include short-term or long-term disability or other salary
59.21continuation benefits.
59.22    (c) For purposes of this section, "domestic partner" means a person who has entered
59.23into a committed interdependent relationship with another adult, where the partners:
59.24    (1) are responsible for each other's basic common welfare;
59.25    (2) share a common residence and intend to do so indefinitely;
59.26    (3) are not related by blood or adoption to an extent that would prohibit marriage in
59.27this state; and
59.28    (4) are legally competent and qualified to enter into a contract.
59.29    For purposes of this section, domestic partners may share a common residence even
59.30if they do not have a legal right to possess the residence or one or both domestic partners
59.31possess additional real property.
59.32    If one domestic partner temporarily leaves the common residence with the intention
59.33to return, the domestic partners continue to share a common residence for the purposes
59.34of this section.
60.1EFFECTIVE DATE.This section is effective August 1, 2007, and applies to sick
60.2leave used on or after that date.

60.3    Sec. 80. Minnesota Statutes 2006, section 270C.03, subdivision 1, is amended to read:
60.4    Subdivision 1. Powers and duties. The commissioner shall have and exercise
60.5the following powers and duties:
60.6    (1) administer and enforce the assessment and collection of taxes;
60.7    (2) make determinations, corrections, and assessments with respect to taxes,
60.8including interest, additions to taxes, and assessable penalties;
60.9    (3) use statistical or other sampling techniques consistent with generally accepted
60.10auditing standards in examining returns or records and making assessments;
60.11    (4) investigate the tax laws of other states and countries, and formulate and submit
60.12to the legislature such legislation as the commissioner may deem expedient to prevent
60.13evasions of state revenue laws and to secure just and equal taxation and improvement in
60.14the system of state revenue laws;
60.15    (5) consult and confer with the governor upon the subject of taxation, the
60.16administration of the laws in regard thereto, and the progress of the work of the
60.17department, and furnish the governor, from time to time, such assistance and information
60.18as the governor may require relating to tax matters;
60.19    (6) execute and administer any agreement with the secretary of the treasury or the
60.20Bureau of Alcohol, Tobacco, Firearms, and Explosives in the Department of Justice of the
60.21United States or a representative of another state regarding the exchange of information
60.22and administration of the state revenue laws;
60.23    (7) require town, city, county, and other public officers to report information as to the
60.24collection of taxes received from licenses and other sources, and such other information
60.25as may be needful in the work of the commissioner, in such form as the commissioner
60.26may prescribe;
60.27    (8) authorize the use of unmarked motor vehicles to conduct seizures or criminal
60.28investigations pursuant to the commissioner's authority; and
60.29    (9) maintain toll-free telephone access for taxpayer assistance for calls from
60.30locations within the state; and
60.31    (10) exercise other powers and authority and perform other duties required of or
60.32imposed upon the commissioner by law.
60.33EFFECTIVE DATE.This section is effective January 1, 2008.

60.34    Sec. 81. [270C.21] TAXPAYER ASSISTANCE GRANTS.
61.1    When the commissioner awards grants to nonprofit organizations to coordinate,
61.2facilitate, encourage, and aid in the provision of taxpayer assistance services, the
61.3commissioner must provide public notice of the grants in a timely manner so that the
61.4grant process is completed and grants are awarded by October 1, in order for recipient
61.5organizations to adequately plan expenditures for the filing season. At the time the
61.6commissioner provides public notice, the commissioner must also notify nonprofit
61.7organizations that received grants in the previous biennium.
61.8EFFECTIVE DATE.This section is effective the day following final enactment.

61.9    Sec. 82. Minnesota Statutes 2006, section 302A.821, subdivision 4, is amended to read:
61.10    Subd. 4. Penalty; reinstatement. (a) A corporation that has failed to file a
61.11registration pursuant to the requirements of subdivision 2 must be dissolved by the
61.12secretary of state as described in paragraph (b).
61.13    (b) If the corporation has not filed the registration for two consecutive during
61.14any calendar years year, the secretary of state must issue a certificate of administrative
61.15dissolution and the certificate must be filed in the Office of the Secretary of State. The
61.16secretary of state shall send notice to the corporation that the corporation has been
61.17dissolved and that the corporation may be reinstated by filing a registration and a $25 fee.
61.18The notice must be given by United States mail unless the company has indicated to the
61.19secretary of state that they are willing to receive notice by electronic notification, in which
61.20case the secretary of state may give notice by mail or the indicated means. The secretary
61.21of state shall annually inform the attorney general and the commissioner of revenue of
61.22the methods by which the names of corporations dissolved under this section during the
61.23preceding year may be determined. The secretary of state must also make available in
61.24an electronic format the names of the dissolved corporations. A corporation dissolved in
61.25this manner is not entitled to the benefits of section 302A.781. The liability, if any, of the
61.26shareholders of a corporation dissolved in this manner shall be determined and limited in
61.27accordance with section 302A.557, except that the shareholders shall have no liability to
61.28any director of the corporation under section 302A.559, subdivision 2.
61.29    (c) After administrative dissolution, filing a registration and the $25 fee with the
61.30secretary of state:
61.31    (1) returns the corporation to good standing as of the date of the dissolution;
61.32    (2) validates contracts or other acts within the authority of the articles, and the
61.33corporation is liable for those contracts or acts; and
61.34    (3) restores to the corporation all assets and rights of the corporation to the extent
61.35they were held by the corporation before the dissolution occurred, except to the extent that
62.1assets or rights were affected by acts occurring after the dissolution or sold or otherwise
62.2distributed after that time.
62.3EFFECTIVE DATE.This section is effective January 1, 2008.

62.4    Sec. 83. Minnesota Statutes 2006, section 308A.995, subdivision 4, is amended to read:
62.5    Subd. 4. Penalty; dissolution. (a) A cooperative that has failed to file a registration
62.6pursuant to the requirements of this section by December 31 of the calendar year for which
62.7the registration was required must be dissolved by the secretary of state as described in
62.8paragraph (b).
62.9    (b) If the cooperative has not filed the registration by December 31 of that calendar
62.10year, the secretary of state must issue a certificate of involuntary dissolution, and the
62.11certificate must be filed in the Office of the Secretary of State. The secretary of state must
62.12annually inform the attorney general and the commissioner of revenue of the methods by
62.13which the names of cooperatives dissolved under this section during the preceding year
62.14may be determined. The secretary of state must also make available in an electronic
62.15format the names of the dissolved cooperatives. A cooperative dissolved in this manner is
62.16not entitled to the benefits of section 308A.981.
62.17EFFECTIVE DATE.This section is effective January 1, 2008.

62.18    Sec. 84. Minnesota Statutes 2006, section 308B.121, subdivision 4, is amended to read:
62.19    Subd. 4. Penalty; dissolution. (a) A cooperative that has failed to file a registration
62.20under the requirements of this section must be dissolved by the secretary of state as
62.21described in paragraph (b).
62.22    (b) If the cooperative has not filed the registration by December 31 of that calendar
62.23year, the secretary of state must issue a certificate of involuntary dissolution and the
62.24certificate must be filed in the Office of the Secretary of State. The secretary of state must
62.25annually inform the attorney general and the commissioner of revenue of the methods by
62.26which the names of cooperatives dissolved under this section during the preceding year
62.27may be determined. The secretary of state must also make available in an electronic
62.28format the names of the dissolved cooperatives. A cooperative dissolved in this manner is
62.29not entitled to the benefits of section 308B.971.
62.30EFFECTIVE DATE.This section is effective January 1, 2008.

62.31    Sec. 85. Minnesota Statutes 2006, section 308B.215, subdivision 2, is amended to read:
63.1    Subd. 2. Filing. The original articles and a designation of the cooperative's
63.2registered office and agent, including a registration form under section 308B.121, shall
63.3be filed with the secretary of state. The fee for filing the articles with the secretary of
63.4state is $60.
63.5EFFECTIVE DATE.This section is effective August 1, 2007.

63.6    Sec. 86. [308B.903] NOTICE OF INTENT TO DISSOLVE.
63.7    Before a cooperative begins dissolution, a notice of intent to dissolve must be filed
63.8with the secretary of state. The notice must contain:
63.9    (1) the name of the cooperative;
63.10    (2) the date and place of the members' meeting at which the resolution was
63.11approved; and
63.12    (3) a statement that the requisite vote of the members approved the proposed
63.13dissolution.
63.14EFFECTIVE DATE.This section is effective August 1, 2007.

63.15    Sec. 87. Minnesota Statutes 2006, section 317A.823, subdivision 1, is amended to read:
63.16    Subdivision 1. Annual registration. (a) The secretary of state must send annually
63.17to each corporation at the registered office of the corporation a postcard notice announcing
63.18the need to file the annual registration and informing the corporation that the annual
63.19registration may be filed online and that paper filings may also be made, and informing
63.20the corporation that failing to file the annual registration will result in an administrative
63.21dissolution of the corporation.
63.22    (b) Except for corporations to which paragraph (d) applies, Each calendar year
63.23beginning in the calendar year following the calendar year in which a corporation
63.24incorporates, a corporation must file with the secretary of state by December 31 of each
63.25calendar year a registration containing the information listed in paragraph (c).
63.26    (c) The registration must include:
63.27    (1) the name of the corporation;
63.28    (2) the address of its registered office;
63.29    (3) the name of its registered agent, if any; and
63.30    (4) the name and business address of the officer or other person exercising the
63.31principal functions of president of the corporation.
63.32    (d) The timely filing of an annual financial report and audit or an annual financial
63.33statement under section 69.051, subdivision 1 or 1a, by a volunteer firefighter relief
64.1association, as reflected in the notification by the state auditor under section 69.051,
64.2subdivision 1c
, constitutes presentation of the corporate registration. The secretary of state
64.3may reject the registration by the volunteer firefighter relief association. Rejection must
64.4occur if the information provided to the state auditor does not match the information
64.5in the records of the secretary of state. The volunteer firefighter relief association may
64.6amend the articles of incorporation as provided in sections 317A.131 to 317A.151 so
64.7that the information from the state auditor may be accepted for filing. The timely filing
64.8of an annual financial report and audit or an annual financial statement under section
64.969.051, subdivision 1 or 1a, does not relieve the volunteer firefighter relief association
64.10of the requirement to file amendments to the articles of incorporation directly with the
64.11secretary of state.
64.12EFFECTIVE DATE.This section is effective August 1, 2007.

64.13    Sec. 88. Minnesota Statutes 2006, section 321.0206, is amended to read:
64.14321.0206 DELIVERY TO AND FILING OF RECORDS BY SECRETARY OF
64.15STATE; EFFECTIVE TIME AND DATE.
64.16    (a) A record authorized or required to be delivered to the secretary of state for filing
64.17under this chapter must be captioned to describe the record's purpose, be in a medium
64.18permitted by the secretary of state, and be delivered to the secretary of state. Unless the
64.19secretary of state determines that a record does not comply with the filing requirements
64.20of this chapter, and if the appropriate filing fees have been paid, the secretary of state
64.21shall file the record and:
64.22    (1) for a statement of dissociation, send:
64.23    (A) a copy of the filed statement to the person which the statement indicates has
64.24dissociated as a general partner; and
64.25    (B) a copy of the filed statement to the limited partnership;
64.26    (2) for a statement of withdrawal, send:
64.27    (A) a copy of the filed statement to the person on whose behalf the record was
64.28filed; and
64.29    (B) if the statement refers to an existing limited partnership, a copy of the filed
64.30statement to the limited partnership; and
64.31    (3) for all other records, send a copy of the filed record to the person on whose
64.32behalf the record was filed.
64.33    (b) Upon request and payment of a fee, the secretary of state shall send to the
64.34requester a certified copy of the requested record.
65.1    (c) Except as otherwise provided in sections 321.0116 and 321.0207, a record
65.2delivered to the secretary of state for filing under this chapter may specify an effective
65.3time and a delayed effective date. Except as otherwise provided in this chapter, a record
65.4filed by the secretary of state is effective:
65.5    (1) if the record does not specify an effective time and does not specify a delayed
65.6effective date, on the date and at the time the record is filed as evidenced by the secretary
65.7of state's endorsement of the date and time on the record;
65.8    (2) if the record specifies an effective time but not a delayed effective date, on the
65.9date the record is filed at the time specified in the record;
65.10    (3) if the record specifies a delayed effective date but not an effective time, at 12:01
65.11a.m. on the earlier of:
65.12    (A) the specified date; or
65.13    (B) the 30th day after the record is filed; or
65.14    (4) if the record specifies an effective time and a delayed effective date, at the
65.15specified time on the earlier of:
65.16    (A) the specified date; or
65.17    (B) the 30th day after the record is filed.
65.18    (d) The appropriate fees for filings under this chapter are:
65.19    (1) for filing a certificate of limited partnership, $100;
65.20    (2) for filing an amended certificate of limited partnership, $50;
65.21    (3) for filing any other record, other than the annual report required by section
65.22321.0210, for which no fee must be charged, required or permitted to be delivered for
65.23filing, $35;
65.24    (4) for filing a certificate requesting authority to transact business in Minnesota as a
65.25foreign limited partnership, $85;
65.26    (5) for filing an application of reinstatement, $25; and
65.27    (6) for filing a name reservation for a foreign limited partnership name, $35; and
65.28    (7) for filing any other record, other than the annual report required by section
65.29321.0210, for which no fee must be charged, required or permitted to be delivered for
65.30filing on a foreign limited partnership authorized to transact business in Minnesota, $50.
65.31EFFECTIVE DATE.This section is effective July 1, 2007.

65.32    Sec. 89. [321.0909] NAME CHANGES FILED IN HOME STATE.
65.33    A foreign limited partnership shall notify the secretary of state of any changes to the
65.34partnership name filed with the state of formation by filing a certificate from the state of
65.35formation certifying to the change of name.
66.1EFFECTIVE DATE.This section is effective August 1, 2007.

66.2    Sec. 90. Minnesota Statutes 2006, section 336.1-110, is amended to read:
66.3336.1-110 UNIFORM COMMERCIAL CODE ACCOUNT.
66.4    The Uniform Commercial Code account is established as an account in the state
66.5treasury. Fees that are not expressly set by statute but are charged by the secretary of state
66.6to offset the costs of providing a service under this chapter must be deposited in the state
66.7treasury and credited to the Uniform Commercial Code account.
66.8    Fees that are not expressly set by statute but are charged by the secretary of state
66.9to offset the costs of providing information contained in the computerized records
66.10maintained by the secretary of state must be deposited in the state treasury and credited to
66.11the Uniform Commercial Code account.
66.12    Money in the Uniform Commercial Code account is continuously appropriated to the
66.13secretary of state to implement and maintain the central filing system under this chapter,
66.14to provide, improve, and expand other online or remote lien and business entity filing,
66.15retrieval, and payment method services provided by the secretary of state, and to provide
66.16electronic access to other computerized records maintained by the secretary of state.
66.17EFFECTIVE DATE.This section is effective August 1, 2007.

66.18    Sec. 91. Minnesota Statutes 2006, section 336.9-516, is amended to read:
66.19336.9-516 WHAT CONSTITUTES FILING; EFFECTIVENESS OF FILING.
66.20    (a) What constitutes filing. Except as otherwise provided in subsection (b),
66.21communication of a record to a filing office and tender of the filing fee or acceptance of
66.22the record by the filing office constitutes filing.
66.23    (b) Refusal to accept record; filing does not occur. Filing does not occur with
66.24respect to a record that a filing office refuses to accept because:
66.25    (1) the record is not communicated by a method or medium of communication
66.26authorized by the filing office. For purposes of filing office authorization, transmission of
66.27records using the Extensible Markup Language (XML) format is authorized by the filing
66.28office after the later of July 1, 2007, or the determination of the secretary of state that the
66.29central filing system is capable of receiving and processing these records;
66.30    (2) an amount equal to or greater than the applicable filing fee is not tendered;
66.31    (3) the filing office is unable to index the record because:
66.32    (A) in the case of an initial financing statement, the record does not provide a name
66.33for the debtor;
67.1    (B) in the case of an amendment or correction statement, the record:
67.2    (i) does not identify the initial financing statement as required by section 336.9-512
67.3or 336.9-518, as applicable; or
67.4    (ii) identifies an initial financing statement whose effectiveness has lapsed under
67.5section 336.9-515;
67.6    (C) in the case of an initial financing statement that provides the name of a debtor
67.7identified as an individual or an amendment that provides a name of a debtor identified as
67.8an individual which was not previously provided in the financing statement to which the
67.9record relates, the record does not identify the debtor's last name; or
67.10    (D) in the case of a record filed or recorded in the filing office described in section
67.11336.9-501(a)(1) , the record does not provide a sufficient description of the real property
67.12to which it relates;
67.13    (4) in the case of an initial financing statement or an amendment that adds a secured
67.14party of record, the record does not provide a name and mailing address for the secured
67.15party of record;
67.16    (5) in the case of an initial financing statement or an amendment that provides a
67.17name of a debtor which was not previously provided in the financing statement to which
67.18the amendment relates, the record does not:
67.19    (A) provide a mailing address for the debtor;
67.20    (B) indicate whether the debtor is an individual or an organization; or
67.21    (C) if the financing statement indicates that the debtor is an organization, provide:
67.22    (i) a type of organization for the debtor;
67.23    (ii) a jurisdiction of organization for the debtor; or
67.24    (iii) an organizational identification number for the debtor or indicate that the debtor
67.25has none;
67.26    (6) in the case of an assignment reflected in an initial financing statement under
67.27section 336.9-514(a) or an amendment filed under section 336.9-514(b), the record does
67.28not provide a name and mailing address for the assignee; or
67.29    (7) in the case of a continuation statement, the record is not filed within the
67.30six-month period prescribed by section 336.9-515(d).
67.31    (c) Rules applicable to subsection (b). For purposes of subsection (b):
67.32    (1) a record does not provide information if the filing office is unable to read or
67.33decipher the information; and
67.34    (2) a record that does not indicate that it is an amendment or identify an initial
67.35financing statement to which it relates, as required by section 336.9-512, 336.9-514, or
67.36336.9-518 , is an initial financing statement.
68.1    (d) Refusal to accept record; record effective as filed record. A record that is
68.2communicated to the filing office with tender of the filing fee, but which the filing office
68.3refuses to accept for a reason other than one set forth in subsection (b), is effective as a
68.4filed record except as against a purchaser of the collateral which gives value in reasonable
68.5reliance upon the absence of the record from the files.
68.6EFFECTIVE DATE.This section is effective August 1, 2007.

68.7    Sec. 92. Minnesota Statutes 2006, section 336.9-525, is amended to read:
68.8336.9-525 FEES.
68.9    (a) Initial financing statement or other record: general rule. Except as otherwise
68.10provided in subsection (d), the fee for filing and indexing a record under this part delivered
68.11on paper is $20 and for a record delivered by any electronic means is $15. $5 of the fee
68.12collected for each request delivered online must be deposited in the uniform commercial
68.13code account.
68.14    (b) Number of names. The number of names required to be indexed does not
68.15affect the amount of the fee in subsection (a).
68.16    (c) Response to information request. The fee for responding to a request for
68.17information from the filing office, including for issuing a certificate showing whether there
68.18is on file any financing statement naming a particular debtor, delivered on paper is $20
68.19and for a record delivered by any electronic means is $15. $5 of the fee collected for each
68.20request delivered online must be deposited in the uniform commercial code account.
68.21    (d) Record of mortgage. This section does not require a fee with respect to a record
68.22of a mortgage which is effective as a financing statement filed as a fixture filing or as a
68.23financing statement covering as-extracted collateral or timber to be cut under section
68.24336.9-502(c) . However, the recording and satisfaction fees that otherwise would be
68.25applicable to the record of the mortgage apply.
68.26EFFECTIVE DATE.This section is effective July 1, 2007.

68.27    Sec. 93. [349A.021] LOTTERY OFFICES.
68.28    The State Lottery may not move its operations at its Mountain Iron location to a
68.29location outside the Quad-City area of Mountain Iron, Eveleth, Gilbert, and Virginia, and
68.30may not reduce the complement of staff employed at this office.
68.31EFFECTIVE DATE.This section is effective the day following final enactment.

69.1    Sec. 94. Minnesota Statutes 2006, section 356.219, subdivision 1, is amended to read:
69.2    Subdivision 1. Report required. (a) Except as indicated in subdivision 4, the State
69.3Board of Investment, on behalf of the public pension funds and programs for which it is
69.4the investment authority, and any Minnesota public pension plan that is not fully invested
69.5through the State Board of Investment, including a local police or firefighters relief
69.6association governed by sections 69.77 or 69.771 to 69.775, shall report the information
69.7specified in subdivision 3 to the state auditor. A report under this section must be filed
69.8electronically with the state auditor, unless the state auditor determines that it is not
69.9feasible for a particular plan or association to file electronically. The state auditor may
69.10prescribe a form or forms for the purposes of the reporting requirements contained in the
69.11format for reports required by this section. The state auditor must attempt to provide
69.12access on the state auditor's Web site to reports filed under this section.
69.13    (b) A local police or firefighters relief association governed by section 69.77 or
69.14sections 69.771 to 69.775 is fully invested during a given calendar year for purposes of
69.15this section if all assets of the applicable pension plan beyond sufficient cash equivalent
69.16investments to cover six months expected expenses are invested under section 11A.17.
69.17The board of any fully invested public pension plan remains responsible for submitting
69.18investment policy statements and subsequent revisions as required by subdivision 3,
69.19paragraph (a).
69.20    (c) For purposes of this section, the State Board of Investment is considered to be
69.21the investment authority for any Minnesota public pension fund required to be invested by
69.22the State Board of Investment under section 11A.23, or for any Minnesota public pension
69.23fund authorized to invest in the supplemental investment fund under section 11A.17 and
69.24which is fully invested by the State Board of Investment.

69.25    Sec. 95. Minnesota Statutes 2006, section 358.41, is amended to read:
69.26358.41 DEFINITIONS.
69.27    As used in sections 358.41 to 358.49:
69.28    (1) "Notarial act" means any act that a notary public of this state is authorized to
69.29perform, and includes taking an acknowledgment, administering an oath or affirmation,
69.30taking a verification upon oath or affirmation, witnessing or attesting a signature, certifying
69.31or attesting a copy, and noting a protest of a negotiable instrument. A notary public may
69.32perform a notarial act by electronic means.
69.33    (2) "Acknowledgment" means a declaration by a person that the person has executed
69.34an instrument or electronic record for the purposes stated therein and, if the instrument
69.35or electronic record is executed in a representative capacity, that the person signed
70.1the instrument with proper authority and executed it as the act of the person or entity
70.2represented and identified therein.
70.3    (3) "Verification upon oath or affirmation" means a declaration that a statement is
70.4true made by a person upon oath or affirmation.
70.5    (4) "In a representative capacity" means:
70.6    (i) for and on behalf of a corporation, partnership, limited liability company, trust, or
70.7other entity, as an authorized officer, agent, partner, trustee, or other representative;
70.8    (ii) as a public officer, personal representative, guardian, or other representative,
70.9in the capacity recited in the instrument;
70.10    (iii) as an attorney in fact for a principal; or
70.11    (iv) in any other capacity as an authorized representative of another.
70.12    (5) "Notarial officer" means a notary public or other officer authorized to perform
70.13notarial acts.
70.14    (6) "Electronic signature" means an electronic sound, symbol, or process attached
70.15to or logically associated with a record and executed or adopted by a person with the
70.16intent to sign the record.
70.17    (7) "Electronic record" means a record created, generated, sent, communicated,
70.18received, or stored by electronic means.
70.19EFFECTIVE DATE.This section is effective August 1, 2007.

70.20    Sec. 96. Minnesota Statutes 2006, section 358.42, is amended to read:
70.21358.42 NOTARIAL ACTS.
70.22    (a) In taking an acknowledgment, the notarial officer must determine, either from
70.23personal knowledge or from satisfactory evidence, that the person appearing before the
70.24officer and making the acknowledgment is the person whose true signature is on the
70.25instrument or electronic record.
70.26    (b) In taking a verification upon oath or affirmation, the notarial officer must
70.27determine, either from personal knowledge or from satisfactory evidence, that the person
70.28appearing before the officer and making the verification is the person whose true signature
70.29is made in the presence of the officer on the statement verified.
70.30    (c) In witnessing or attesting a signature the notarial officer must determine, either
70.31from personal knowledge or from satisfactory evidence, that the signature is that of the
70.32person appearing before the officer and named therein. When witnessing or attesting a
70.33signature, the officer must be present when the signature is made.
71.1    (d) In certifying or attesting a copy of a document, electronic record, or other item,
71.2the notarial officer must determine that the proffered copy is a full, true, and accurate
71.3transcription or reproduction of that which was copied.
71.4    (e) In making or noting a protest of a negotiable instrument or electronic record the
71.5notarial officer must determine the matters set forth in section 336.3-505.
71.6    (f) A notarial officer has satisfactory evidence that a person is the person whose true
71.7signature is on a document or electronic record if that person (i) is personally known to
71.8the notarial officer, (ii) is identified upon the oath or affirmation of a credible witness
71.9personally known to the notarial officer, or (iii) is identified on the basis of identification
71.10documents.
71.11EFFECTIVE DATE.This section is effective August 1, 2007.

71.12    Sec. 97. Minnesota Statutes 2006, section 358.50, is amended to read:
71.13358.50 EFFECT OF ACKNOWLEDGMENT.
71.14    An acknowledgment made in a representative capacity for and on behalf of a
71.15corporation, partnership, limited liability company, trust, or other entity and certified
71.16substantially in the form prescribed in this chapter is prima facie evidence that the
71.17instrument or electronic record was executed and delivered with proper authority.
71.18EFFECTIVE DATE.This section is effective August 1, 2007.

71.19    Sec. 98. Minnesota Statutes 2006, section 359.085, subdivision 2, is amended to read:
71.20    Subd. 2. Verifications. In taking a verification upon oath or affirmation, the notarial
71.21officer must determine, either from personal knowledge or from satisfactory evidence, that
71.22the person appearing before the officer and making the verification is the person whose
71.23true signature is made in the presence of the officer on the statement verified.
71.24EFFECTIVE DATE.This section is effective August 1, 2007.

71.25    Sec. 99. Minnesota Statutes 2006, section 359.085, subdivision 3, is amended to read:
71.26    Subd. 3. Witnessing or attesting signatures. In witnessing or attesting a signature,
71.27the notarial officer must determine, either from personal knowledge or from satisfactory
71.28evidence, that the signature is that of the person appearing before the officer and named in
71.29the document or electronic record. When witnessing or attesting a signature, the officer
71.30must be present when the signature is made.
71.31EFFECTIVE DATE.This section is effective August 1, 2007.

72.1    Sec. 100. Minnesota Statutes 2006, section 471.61, subdivision 1a, is amended to read:
72.2    Subd. 1a. Dependents. Notwithstanding the provisions of Minnesota Statutes 1969,
72.3section 471.61, as amended by Laws 1971, chapter 451, section 1, the word "dependents"
72.4as used therein shall mean spouse and minor unmarried children under the age of 18 years
72.5and dependent students under the age of 25 years actually dependent upon the employee,
72.6and others as defined by governmental units at their discretion.

72.7    Sec. 101. [471.6175] TRUST FOR POSTEMPLOYMENT BENEFITS.
72.8    Subdivision 1. Authorization; establishment. A political subdivision or other
72.9public entity that creates or has created an actuarial liability to pay postemployment
72.10benefits to employees or officers after their termination of service may establish a trust to
72.11pay those benefits. For purposes of this section, the term "postemployment benefits" means
72.12benefits giving rise to a liability under Statement No. 45 of the Governmental Accounting
72.13Standards Board and the term "trust" means a trust, a trust account, or a custodial account
72.14or contract authorized under section 401(f) of the Internal Revenue Code.
72.15    Subd. 2. Purpose of trust. The trust established under this section may only be
72.16used to pay postemployment benefits and may be either revocable or irrevocable.
72.17    Subd. 3. Trust administrator. The trust administrator of a trust established under
72.18this section shall be either:
72.19    (1) the Public Employees Retirement Association;
72.20    (2) a bank or banking association incorporated under the laws of the United States or
72.21of any state and authorized by the laws under which it is organized to exercise corporate
72.22trust powers; or
72.23    (3) an insurance company or agency qualified to do business in Minnesota which has
72.24at least five years experience in investment products and services for group retirement
72.25benefits and which has a specialized department dedicated to services for retirement
72.26investment products.
72.27    A political subdivision or public entity may, in its discretion and in compliance
72.28with any applicable trust document, change trust administrators and transfer trust assets
72.29accordingly.
72.30    Subd. 4. Account maintenance. A political subdivision or other public entity may
72.31establish a trust account to be held under the supervision of the trust administrator for the
72.32purposes of this section. A trust administrator shall establish a separate account for each
72.33participating political subdivision or public entity. The trust administrator may charge
72.34participating political subdivisions and public entities fees for reasonable administrative
72.35costs. The amount of any fees charged by the Public Employees Retirement Association
73.1is appropriated to the association from the account. A trust administrator may establish
73.2other reasonable terms and conditions for creation and maintenance of these accounts.
73.3The trust administrator must report electronically to the state auditor the portfolio and
73.4performance information specified in section 356.219, subdivision 3, in the manner
73.5prescribed by the state auditor.
73.6    Subd. 5. Investment. (a) The assets of a trust or trust account shall be invested and
73.7held as stipulated in paragraphs (b) to (e).
73.8    (b) The Public Employees Retirement Association must certify all money in the trust
73.9accounts for which it is trust administrator to the State Board of Investment for investment
73.10under section 11A.14, subject to the policies and procedures established by the State
73.11Board of Investment. Investment earnings must be credited to the trust account of the
73.12individual political subdivision or public entity.
73.13    (c) A trust administrator, other than the Public Employees Retirement Association,
73.14must ensure that all money in the trust accounts for which it is trust administrator is
73.15invested by a registered investment adviser, a bank investment trust department, or an
73.16insurance company or agency retirement investment department. Investment earnings
73.17must be credited to the trust account of the individual political subdivision or public entity.
73.18    (d) For trust assets invested by the State Board of Investment, the investment
73.19restrictions shall be the same as those generally applicable to the State Board of
73.20Investment. For trust assets invested by a trust administrator other than the Public
73.21Employees Retirement Association, the assets may only be invested in investments
73.22authorized under chapter 118A or section 356A.06, subdivision 7, in the manner specified
73.23in the applicable trust document.
73.24    (e) A political subdivision or public entity may provide investment direction to a
73.25trust administrator in compliance with any applicable trust document.
73.26    Subd. 6. Limit on deposit. A political subdivision or public entity may not
73.27deposit money in a trust or trust account created pursuant to this section if the total
73.28amount invested by that political subdivision or public entity would exceed the political
73.29subdivision's or public entity's actuarially determined liabilities for postemployment
73.30benefits due to officers and employees, as determined under the applicable standards of the
73.31Governmental Accounting Standards Board.
73.32    Subd. 7. Withdrawal of funds and termination of account. (a) For a revocable
73.33account, a political subdivision or public entity may withdraw some or all of its money
73.34or terminate the trust account for any reason. Money and accrued investment earnings
73.35withdrawn from a revocable account must be deposited in a fund separate and distinct from
73.36any other funds of the political subdivision or public entity. This money, with accrued
74.1investment earnings, must be used to pay legally enforceable postemployment benefits
74.2to former officers and employees, unless (i) there has been a change in state or federal
74.3law affecting that political subdivision's or public entity's liabilities for postemployment
74.4benefits, or (ii) there has been a change in the demographic composition of that political
74.5subdivision's or public entity's employees eligible for postemployment benefits, or (iii)
74.6there has been a change in the provisions or terms of the postemployment benefits in that
74.7political subdivision or public entity including, but not limited to, the portion of the costs
74.8eligible employees must pay to receive the benefits, or (iv) other factors exist that have
74.9a material effect on that political subdivision's or public entity's actuarially determined
74.10liabilities for postemployment benefits, in which event any amount in excess of 100
74.11percent of that political subdivision's or public entity's actuarially determined liabilities for
74.12postemployment benefits, as determined under standards of the Government Accounting
74.13Standards Board, may be withdrawn and used for any purpose.
74.14    (b) For an irrevocable account, a political subdivision or public entity may withdraw
74.15money only:
74.16    (1) as needed to pay postemployment benefits owed to former officers and employees
74.17of the political subdivision or public entity; or
74.18    (2) when all postemployment benefit liability owed to former officers or employees
74.19of the political subdivision or public entity has been satisfied or otherwise defeased.
74.20    (c) A political subdivision or public entity requesting withdrawal of money from
74.21an account created under this section must do so at a time and in the manner required by
74.22the executive director of the Public Employees Retirement Association or specified in an
74.23applicable trust document. The political subdivision or public entity that created the trust
74.24must ensure that withdrawals comply with the requirements of this section.
74.25    (d) The legislature may not divert funds in these trusts or trust accounts for use for
74.26any other purpose.
74.27    Subd. 8. Status of irrevocable trust. (a) All money in an irrevocable trust or
74.28trust account created in this section is held in trust for the exclusive benefit of former
74.29officers and employees of the participating political subdivision or public entity, and are
74.30not subject to claims by creditors of the state, the participating political subdivision or
74.31public entity, the current or former officers and employees of the political subdivision
74.32or public entity, or the trust administrator.
74.33    (b) An irrevocable trust fund or trust account created in this section shall be deemed
74.34an arrangement equivalent to a trust for all legal purposes.
74.35EFFECTIVE DATE.This section is effective the day following final enactment,
74.36and is applicable immediately to all political subdivisions or public entities subject to
75.1Statement No. 45 of the Governmental Accounting Standards Board in 2007, to those
75.2political subdivisions or public entities whose trusts or trust accounts are validated
75.3by section 109, and to those political subdivisions or public entities that have begun
75.4consideration of measures to implement Statement No. 45 in 2007. This section is
75.5applicable on July 1, 2008, for all other political subdivisions or public entities.

75.6    Sec. 102. Minnesota Statutes 2006, section 473.246, is amended to read:
75.7473.246 COUNCIL'S SUBMISSIONS TO LEGISLATIVE COMMISSION
75.8LEGISLATURE.
75.9    The Metropolitan Council shall submit to the Legislative Commission on
75.10Metropolitan Government chairs of the legislative committees with jurisdiction over
75.11metropolitan affairs information on the council's tax rates and dollar amounts levied for
75.12the current year, proposed property tax rates and levies, operating and capital budgets,
75.13work program, capital improvement program, and any other information requested by the
75.14commission, for review by the legislative commission, as provided in section 3.8841
75.15relevant committees.
75.16EFFECTIVE DATE.This section is effective the day following final enactment.

75.17    Sec. 103. Minnesota Statutes 2006, section 477A.014, subdivision 4, is amended to
75.18read:
75.19    Subd. 4. Costs. The director of the Office of Strategic and Long-Range Planning
75.20shall annually bill the commissioner of revenue for one-half of the costs incurred by the
75.21state demographer in the preparation of materials required by section 4A.02. The state
75.22auditor shall bill the commissioner of revenue for the costs of best practices reviews
75.23and the services provided by the Government Information Division and the parts of the
75.24constitutional office that are related to the government information function, and for
75.25the services provided by the Tax Increment Financing Investment and Finance Division
75.26required by section 469.3201, not to exceed $217,000 $614,000 each fiscal year. The
75.27commissioner of administration shall bill the commissioner of revenue for the costs of
75.28the local government records program and the intergovernmental information systems
75.29activity, not to exceed $205,800 each fiscal year. The commissioner of employee relations
75.30shall bill the commissioner of revenue for the costs of administering the local government
75.31pay equity function, not to exceed $55,000 each fiscal year.

75.32    Sec. 104. Minnesota Statutes 2006, section 491A.02, subdivision 4, is amended to read:
76.1    Subd. 4. Representation. (a) A corporation, partnership, limited liability company,
76.2sole proprietorship, or association may be represented in conciliation court by an officer,
76.3manager, or partner or an agent in the case of a condominium, cooperative, or townhouse
76.4association, or may appoint a natural person who is an employee or commercial property
76.5manager to appear on its behalf or settle a claim in conciliation court. The state or a
76.6political subdivision of the state may be represented in conciliation court by an employee
76.7of the pertinent governmental unit without a written authorization. The state also may be
76.8represented in conciliation court by an employee of the Division of Risk Management of
76.9the Department of Administration without a written authorization. Representation under
76.10this subdivision does not constitute the practice of law for purposes of section 481.02,
76.11subdivision 8
. In the case of an officer, employee, commercial property manager, or
76.12agent of a condominium, cooperative, or townhouse association, an authorized power
76.13of attorney, corporate authorization resolution, corporate bylaw, or other evidence of
76.14authority acceptable to the court must be filed with the claim or presented at the hearing.
76.15This subdivision also applies to appearances in district court by a corporation or limited
76.16liability company with five or fewer shareholders or members and to any condominium,
76.17cooperative, or townhouse association, if the action was removed from conciliation court.
76.18    (b) "Commercial property manager" means a corporation, partnership, or limited
76.19liability company or its employees who are hired by the owner of commercial real
76.20estate to perform a broad range of administrative duties at the property including tenant
76.21relations matters, leasing, repairs, maintenance, the negotiation and resolution of tenant
76.22disputes, and related matters. In order to appear in conciliation court, a property manager's
76.23employees must possess a real estate license under section 82.20 and be authorized by the
76.24owner of the property to settle all disputes with tenants and others within the jurisdictional
76.25limits of conciliation court.
76.26    (c) A commercial property manager who is appointed to settle a claim in conciliation
76.27court may not charge or collect a separate fee for services rendered under paragraph (a).

76.28    Sec. 105. Minnesota Statutes 2006, section 507.24, subdivision 2, is amended to read:
76.29    Subd. 2. Original signatures required. (a) Unless otherwise provided by law, an
76.30instrument affecting real estate that is to be recorded as provided in this section or other
76.31applicable law must contain the original signatures of the parties who execute it and of the
76.32notary public or other officer taking an acknowledgment. However, a financing statement
76.33that is recorded as a filing pursuant to section 336.9-502(b) need not contain: (1) the
76.34signatures of the debtor or the secured party; or (2) an acknowledgment.
77.1    (b)(1) Any electronic instruments, including signatures and seals, affecting real
77.2estate may only be recorded as part of a pilot project for the electronic filing of real
77.3estate documents implemented by the task force created in Laws 2000, chapter 391, or
77.4by the Electronic Real Estate Recording Task Force created under section 507.094. The
77.5Electronic Real Estate Recording Task Force created under section 507.094 may amend
77.6standards set by the task force created in Laws 2000, chapter 391, and may set new or
77.7additional standards and establish pilot projects to the full extent permitted in section
77.8507.094, subdivision 2, paragraph (b). Documents recorded in conformity with those
77.9standards and in those pilot projects are deemed to meet the requirements of this section.
77.10    (2)(i) A county that participated in the pilot project for the electronic filing of real
77.11estate documents under the task force created in Laws 2000, chapter 391, may continue to
77.12record or file documents electronically, if:
77.13    (1) (A) the county complies with standards adopted by the task force; and
77.14    (2) (B) the county uses software that was validated by the task force.
77.15    (ii) A county that did not participate in the pilot project may record or file a real
77.16estate document electronically, if:
77.17    (i) (A) the document to be recorded or filed is of a type included in the pilot project
77.18for the electronic filing of real estate documents under the task force created in Laws
77.192000, chapter 391;
77.20    (ii) (B) the county complies with the standards adopted by the task force;
77.21    (iii) (C) the county uses software that was validated by the task force; and
77.22    (iv) (D) the task force created under section 507.094, votes to accept a written
77.23certification of compliance with paragraph (b), clause (2), of this section by the county
77.24board and county recorder of the county to implement electronic filing under this section.
77.25    (c) Notices filed pursuant to section 168A.141, subdivisions 1 and 3, need not
77.26contain an acknowledgment.

77.27    Sec. 106. Laws 2006, chapter 253, section 22, subdivision 1, is amended to read:
77.28    Subdivision 1. Genetic information; work group. (a) The commissioner must
77.29create a work group to develop principles for public policy on the use of genetic
77.30information. The work group must include representatives of state government, including
77.31the judicial branch, local government, prosecutors, public defenders, the American Civil
77.32Liberties Union - Minnesota, the Citizens Council on Health Care, the University of
77.33Minnesota Center on Bioethics, the Minnesota Medical Association, the Mayo Clinic
77.34and Foundation, the March of Dimes, and representatives of employers, researchers,
77.35epidemiologists, laboratories, and insurance companies.
78.1    (b) The commissioner of administration and the work group must conduct reviews
78.2of the topics in paragraphs (c) to (f), in light of the issues raised in the report on treatment
78.3of genetic information under state law required by Laws 2005, chapter 163, section 87.
78.4The commissioner must report the results, including any recommendations for legislative
78.5changes, to the chairs of the house Civil Law Committee and the senate Judiciary
78.6Committee and the ranking minority members of those committees by January 15, 2008
78.72009.
78.8    (c) The commissioner and the work group must determine whether changes are
78.9needed in Minnesota Statutes, section 144.69, dealing with collection of information
78.10from cancer patients and their relatives.
78.11    (d) The commissioner and the work group must make recommendations whether
78.12all relatives affected by a formal three-generation pedigree created by the Department of
78.13Health should be able to access the entire data set, rather than only allowing individuals
78.14access to the data of which they are the subject.
78.15    (e) The commissioner and the work group must identify, and may make
78.16recommendations among, options for resolving questions of secondary uses of genetic
78.17information.
78.18    (f) The commissioner and the work group must make recommendations whether
78.19legislative changes are needed regarding access to DNA test results and the specimens
78.20used to create the test results held by the Bureau of Criminal Apprehension as part of
78.21a criminal investigation.

78.22    Sec. 107. FORD BUILDING.
78.23    The Ford Building at 117 University Avenue in St. Paul may not be demolished
78.24during the biennium ending June 30, 2009.

78.25    Sec. 108. TASK FORCE.
78.26    Subdivision 1. Creation. A task force is created to work with the Commissioner of
78.27Administration on a disparity study. The task force consists of one member appointed by
78.28and serving at the pleasure of each of the following groups:
78.29    (1) the Council on Asian-Pacific Minnesotans;
78.30    (2) the Council on Black Minnesotans;
78.31    (3) the Council on Affairs of Chicano/Latino people;
78.32    (4) the Indian Affairs Council;
78.33    (5) the Association of Women Contractors; and
78.34    (6) the National Association of Minority Contractors.
79.1    Subd. 2. Consultation and approval. (a) The commissioner must consult with
79.2the task force on the design of the disparity study, the nature of the services sought in a
79.3request for proposals for the study, the criteria that the commissioner will use to evaluate
79.4and select a contractor, and selection of the contractor.
79.5    (b) The commissioner must consult with the task force regarding the commissioner's
79.6interpretation of data obtained through the study, and on the commissioner's
79.7recommendations for any changes in the targeted group purchasing program resulting from
79.8the study. The task force may make its own recommendations before the commissioner
79.9presents the recommendations in a final report. If the commissioner's recommendations
79.10are different from the task force recommendations, the commissioner's report must note
79.11the differences.
79.12    Subd. 3. Support services. The commissioner must provide meeting space and
79.13administrative support to the task force.
79.14    Subd. 4. Expiration. The task force expires at the end of the regular session of the
79.15legislature at which the commissioner presents the results of the targeted group business
79.16disparity study to the legislature.

79.17    Sec. 109. VALIDATION.
79.18    Any trust or trust account or other custodial account or contract authorized under
79.19section 401(f) of the Internal Revenue Code, created prior to June 6, 2006, to pay
79.20postemployment benefits to employees or officers after termination of service, is hereby
79.21validated, may continue in full force and effect, and shall have continuing authority
79.22to accept new funds; however, this section does not validate or correct defects in any
79.23previously created trust document. Any funds held by a validated trust or account
79.24under this section may be invested as provided in Minnesota Statutes, section 471.6175,
79.25subdivision 5. A validated trust or account shall have until January 1, 2008, to bring
79.26its trust documents and procedures into compliance with Minnesota Statutes, section
79.27471.6175.
79.28EFFECTIVE DATE.This section is effective the day following final enactment.

79.29    Sec. 110. REPORT; ACCOUNTING PRINCIPLES.
79.30    By October 15, 2007, the commissioner of finance must provide a report listing
79.31specific areas where state budgeting practices differ from generally accepted accounting
79.32principles and the reasons for those differences. If that difference is a result of direction in
79.33law, the report must include the law causing the difference.

80.1    Sec. 111. BUILDING REPLACEMENT FUNDS.
80.2    In addition to the requirements in Laws 2002, chapter 400, section 13, subdivision 7,
80.3the commissioner of administration shall collect appropriate rent revenues for the Elmer L.
80.4Andersen and Orville L. Freeman buildings to be set aside in a segregated special revenue
80.5fund for deferred maintenance and other extraordinary building repairs. Funds shall be
80.6expended for these purposes as determined by the commissioner.
80.7EFFECTIVE DATE.This section is effective the day following final enactment.

80.8    Sec. 112. COMPENSATION FOR PERIOD OF PARTIAL GOVERNMENT
80.9SHUTDOWN.
80.10    Subdivision 1. Definitions; coverage. For purposes of this section:
80.11    (1) "employee" means a state employee, as defined in Minnesota Statutes, section
80.1243A.02, subdivision 21, who is a state employee on the effective date of this section and
80.13who the commissioner determines was prevented from working because of the partial
80.14government shutdown; and
80.15    (2) "partial government shutdown" means the period from July 1, 2005, through July
80.1614, 2005, during which appropriations needed to fund certain state government functions
80.17had not been enacted.
80.18    Subd. 2. Credit for uncompensated hours. A state employee who was previously
80.19compensated in cash or by a credit to the employee's vacation bank for hours the employee
80.20could not work due to the partial government shutdown, must:
80.21    (1) be paid an additional amount equal to the previous payment, if the previous
80.22payment was made in cash; or
80.23    (2) have hours credited to the employee's vacation bank in the same amount as
80.24the previous credit.
80.25EFFECTIVE DATE.This section is effective the day following final enactment.
80.26The commissioner must make payments or credits required by this section within 30
80.27days of the effective date of this section.

80.28    Sec. 113. ELECTRONIC DOCUMENTS STUDY AND REPORT.
80.29    Subdivision 1. Study. The chief information officer of the state shall study
80.30how electronic documents and the mechanisms and processes for accessing and
80.31reading electronic data can be created, maintained, exchanged, and preserved by the
80.32state in a manner that encourages appropriate government control, access, choice,
80.33and interoperability. The study must consider, but not be limited to, the policies of
81.1other states and nations, management guidelines for state archives as they pertain to
81.2electronic documents, public access, expected storage life of electronic documents, costs
81.3of implementation, and savings. The chief information officer shall solicit comments
81.4regarding the creation, maintenance, exchange, and preservation of electronic documents
81.5by the state from stakeholders, including but not limited to the legislative auditor,
81.6the attorney general, the state archivist, the state legislative reference librarian, other
81.7librarians, representatives of the state historical society, and other historians. The chief
81.8information officer shall also solicit comments from members of the public.
81.9    Subd. 2. Report and recommendation. The chief information officer shall
81.10report the officer's findings and recommendations to the chairs of the senate State
81.11and Local Government Operations and Oversight Committee; house Government
81.12Operations, Reform, Technology and Elections Committee; and the senate and house State
81.13Government Finance Divisions by January 15, 2008.

81.14    Sec. 114. LABOR AGREEMENTS AND COMPENSATION PLANS.
81.15    Subdivision 1. Minnesota Law Enforcement Association. The labor agreement
81.16between the state of Minnesota and the Minnesota Law Enforcement Association,
81.17approved by the Legislative Coordinating Commission Subcommittee on Employee
81.18Relations on August 7, 2006, is ratified.
81.19    Subd. 2. Minnesota Nurses Association. The labor agreement between the
81.20state of Minnesota and the Minnesota Nurses Association, approved by the Legislative
81.21Coordinating Commission Subcommittee on Employee Relations on September 18, 2006,
81.22is ratified.
81.23    Subd. 3. Office of Higher Education. The amendments to the compensation
81.24plan for unrepresented employees of the Office of Higher Education, approved by
81.25the Legislative Coordinating Commission Subcommittee on Employee Relations on
81.26September 18, 2006, are ratified.
81.27    Subd. 4. Gambling Control Board. The proposal to increase the salary of the
81.28director of the Gambling Control Board, as approved by the Legislative Coordinating
81.29Commission Subcommittee on Employee Relations on August 7, 2006, is ratified.
81.30    Subd. 5. Public Employees Retirement Association. The proposal to increase
81.31the salary of the director of the Public Employees Retirement Association, as approved
81.32by the Legislative Coordinating Commission Subcommittee on Employee Relations on
81.33March 27, 2007, is ratified.
81.34    Subd. 6. Minnesota State Retirement System. The proposal to increase the
81.35salary of the director of the Minnesota State Retirement System, as approved by the
82.1Legislative Coordinating Commission Subcommittee on Employee Relations on March
82.227, 2007, is ratified.
82.3    Subd. 7. Teachers Retirement Association. The proposal to increase the salary
82.4of the director of the Teachers Retirement Association, as approved by the Legislative
82.5Coordinating Commission Subcommittee on Employee Relations on March 27, 2007,
82.6is ratified.
82.7EFFECTIVE DATE.This section is effective the day following final enactment.

82.8    Sec. 115. STATE EMPLOYEES ELECTRONIC HEALTH RECORDS PILOT
82.9PROJECT.
82.10    Subdivision 1. Project established. The Minnesota State Colleges and Universities
82.11Board of Trustees (MnSCU), in collaboration with the commissioner of employee relations
82.12shall establish an enterprise-wide pilot project to provide consumer-owned electronic
82.13personal health records to MnSCU employees and all participants in the state employee
82.14group insurance program. If the Department of Employee Relations is abolished, then the
82.15Minnesota State Colleges and Universities Board of Trustees shall work in collaboration
82.16with the commissioner of the department responsible for administration of the state
82.17employee group insurance program.
82.18    Subd. 2. Project goals. The goal of the project is to provide consumer-owned
82.19electronic personal health records that are portable among health care providers, health
82.20plan companies, and employers in order to control costs, improve quality, and enhance
82.21safety, and to demonstrate the feasibility of a statewide health information exchange.
82.22The pilot project shall coordinate to the extent possible with other health information
82.23consumer engagement initiatives in Minnesota designed to support the goal of statewide
82.24health information exchange. The electronic personal health records may provide, but
82.25are not limited to, the following:
82.26    (1) access to electronic medical records;
82.27    (2) prescription and appointment information;
82.28    (3) information regarding health education, public health, and health cost
82.29management; and
82.30    (4) privacy, security, and HIPAA compliance.

82.31    Sec. 116. VALUE-ADDED CONTRACT AUTHORITY.
82.32    (a) The director of the Office of Enterprise Technology, with approval of
82.33the commissioner of finance, may enter into contracts for: (1) development and
82.34implementation of an electronic system for executive branch state agencies to issue
83.1licenses; and (2) development and implementation of an integrated system to support
83.2tax processing, reporting, and enforcement functions. The director must use funds
83.3appropriated by this act for these purposes. In addition, the director may enter into
83.4contracts for these purposes under which the vendor initially pays all or part of the costs,
83.5and the state accounting system does not show an encumbrance for some or all of the
83.6contract liability when the director initially enters into the contracts.
83.7    (b) Before entering into a contract authorized by this section, the director must
83.8prepare, and the commissioner of finance must approve, a plan for how payments will be
83.9made to the vendors under the contracts. If the contracts will involve performance-based
83.10payments to the vendor, the plan must describe the criteria for making those payments. If
83.11the director intends to pay for all or part of the contract from savings generated, the plan
83.12must describe what savings are anticipated, and how the savings will be captured so as to
83.13be available to make payments under the contract. The plan must explain how the total
83.14contract costs relate to the costs anticipated in the governor's budget recommendations
83.15presented to the legislature in 2007.
83.16    (c) The director must present the plan required by paragraph (b) to the chairs of the
83.17house Ways and Means and Finance Committees and the senate Finance Committee when
83.18the director submits the plan to the commissioner of finance for approval. The director
83.19must notify these chairs when the commissioner of finance has approved the plan. This
83.20notice must include any changes from the original plan.
83.21    (d) The director must report to the chairs of the house Ways and Means and Finance
83.22Committees and the senate Finance Committee by January 15 each of the next five years
83.23after entering into a contract authorized under this section. The report must include a
83.24detailed breakdown of how and by whom the contract costs are being paid, and on the cost
83.25savings and service improvements achieved as a result of the contract.

83.26    Sec. 117. PRE-1969 TRA MEMBER GRATUITY PAYMENT.
83.27    (a) $4,100,000 is appropriated to the executive director of the Teachers Retirement
83.28Association for the payment of a gratuity to persons who were teachers as defined in
83.29Minnesota Statutes, section 354.05, subdivision 2, and who rendered teaching service as
83.30defined in Minnesota Statutes, section 354.05, subdivision 3, either during the 1968-1969
83.31school year, but were not covered by the improved money purchase program savings
83.32clause in Minnesota Statutes, section 354.55, subdivision 17, or before the 1968-1969
83.33school year, did not take a refund of member contributions upon the termination of teacher
83.34service, and who were eligible to make an election under Minnesota Statutes 1971, section
83.35354.55, subdivision 8. The payment is intended to reflect the special contribution of
84.1these persons to education and to offset any unfulfilled expectation the person may have
84.2as to potential benefit levels. The gratuity payment amount for each person is $1,000 or
84.3a prorated portion of that amount if, at any time, the executive director of the Teachers
84.4Retirement Association determines that payment of the full amount to the remaining
84.5participants would likely exceed the appropriation.
84.6    (b) The Teachers Retirement Association shall make available to persons eligible to
84.7receive a payment under this section on or before August 1, 2007, an application form.
84.8Filing an application form is a waiver of any legal, equitable, or legislative claim for any
84.9other special consideration and the form must indicate the waiver.
84.10    (c) On August 1, 2007, the Teachers Retirement Association shall determine those
84.11remaining persons who are eligible to receive a payment under this section and who have
84.12not applied for a payment and send to each remaining person, at the person's residence
84.13of record, a state warrant of the full or a prorated payment amount. If the recipient
84.14negotiates the state warrant, that negotiation constitutes a waiver of any legal, equitable,
84.15or legislative claim for any other special consideration as documentation accompanying
84.16the warrant must indicate the waiver. Any warrant under this section expires on August
84.171, 2009, and the amount of any unnegotiated state warrant under this section cancels
84.18to the Teachers Retirement Association.

84.19    Sec. 118. CERTIFICATE OF COMPLIANCE; TEMPORARY PROVISION.
84.20    Subdivision 1. Pay equity. Until July 1, 2008, a business that is not in compliance
84.21with equitable compensation relationship standards under Minnesota Statutes, section
84.2243A.50, is making a good faith effort to achieve compliance if the commissioner of
84.23employee relations has approved:
84.24    (1) a statement of the business's intention to prepare a pay equity report and an
84.25estimated date no later than July 1, 2008, when the report and plan will be submitted; and
84.26    (2) information on the business's current status, including a statement on the
84.27existence of a company-wide job evaluation system, the total number of male and female
84.28employees of the business, and the business's interest in receiving training on how to
84.29establish equitable compensation relationships.
84.30    Subd. 2. Report. The commissioner of employee relations shall report to the
84.31legislature by January 31, 2008, on implementation of this section. The report must
84.32include findings and recommendations on any changes needed to ensure that state
84.33contractors achieve equitable compensation relationships.

84.34    Sec. 119. SUSTAINABLE GROWTH WORKING GROUP.
85.1    Subdivision 1. Creation. The sustainable growth working group consists of the
85.2following members:
85.3    (1) two senators, including one member of the minority caucus, appointed by the
85.4Subcommittee on Committees of the Committee on Rules and Administration;
85.5    (2) two members of the house of representatives, one appointed by the speaker
85.6and one appointed by the minority leader;
85.7    (3) commissioners of the following agencies, or their designees: Department of
85.8Natural Resources, Department of Administration, Department of Agriculture, Department
85.9of Commerce, Department of Transportation, Department of Employment and Economic
85.10Development, Minnesota Housing Finance Agency, and the Minnesota Pollution Control
85.11Agency; and the chair of the Metropolitan Council or the chair's designee;
85.12    (4) up to 12 public members who have an interest in promoting sustainable
85.13communities in Minnesota, including up to six public members appointed by the speaker
85.14of the house of representatives and up to six public members appointed by the majority
85.15leader of the senate. The appointing authorities must use their best efforts to include at
85.16least one representative from each of the following sectors: business, environmental,
85.17energy, affordable housing, transportation, local government, planning, and philanthropic.
85.18    The membership of the working group must include balanced representation from
85.19rural, urban, and suburban areas of the state.
85.20    Subd. 2. Duties. The working group must identify strategies, recommendations, and
85.21a process for implementing state-level coordination of state and local policies, programs,
85.22and regulations in the areas of housing, transportation, natural resource preservation,
85.23capital development, economic development, sustainability, and preservation of the
85.24environment. The working group must identify sustainable development principles that
85.25will guide decision making in Minnesota. The working group must gather information
85.26and develop strategies relative to the strategic use of state resources, to be consistent with
85.27statewide goals of sustainable development. The working group must report proposed
85.28strategies, recommendations, and a process for implementation to the legislature and the
85.29governor by February 1, 2008. In its report to the legislature and the governor, the working
85.30group must identify its source of funding.
85.31    Subd. 3. Administrative provisions. (a) The commissioner of administration
85.32must convene the initial meeting. Upon request of the working group, the commissioner
85.33must provide meeting space and administrative services for the group. The Office of
85.34Geographic and Demographic Analysis must provide staff support for the working group.
85.35The members of the working group must elect a chair.
86.1    (b) Members of the working group serve without compensation but may be
86.2reimbursed for expenses under Minnesota Statutes, section 15.059.
86.3    (c) The working group expires June 30, 2008.
86.4    (d) The working group may accept gifts and grants, which are accepted on behalf
86.5of the state and constitute donations to the state. Funds received are appropriated to the
86.6commissioner of administration for purposes of the working group.

86.7    Sec. 120. ASSISTANCE.
86.8    House and senate staff must assist the Legislative Coordinating Commission with
86.9new duties assigned to the commission by this act.

86.10    Sec. 121. TRAINING SERVICES.
86.11    During the biennium ending June 30, 2009, state executive branch agencies must
86.12consider using services provided by government training services before contracting with
86.13other outside vendors for similar services.

86.14    Sec. 122. REPEALER.
86.15Minnesota Statutes 2006, sections 3.884; 3.8841; 6.56, subdivision 1; 16A.102;
86.1616C.055, subdivision 1; 16C.08, subdivision 4a; 69.051, subdivision 1c; 359.085,
86.17subdivision 8; and 645.44, subdivision 19, are repealed.

86.18ARTICLE 3
86.19BEST VALUE CONTRACTS

86.20    Section 1. Minnesota Statutes 2006, section 16C.02, is amended by adding a
86.21subdivision to read:
86.22    Subd. 4a. Best value; construction. For purposes of construction, building,
86.23alteration, improvement, or repair services, "best value" describes the result determined by
86.24a procurement method that considers price and performance criteria, which may include,
86.25but are not limited to:
86.26    (1) the quality of the vendor's or contractor's performance on previous projects;
86.27    (2) the timeliness of the vendor's or contractor's performance on previous projects;
86.28    (3) the level of customer satisfaction with the vendor's or contractor's performance
86.29on previous projects;
86.30    (4) the vendor's or contractor's record of performing previous projects on budget and
86.31ability to minimize cost overruns;
86.32    (5) the vendor's or contractor's ability to minimize change orders;
87.1    (6) the vendor's or contractor's ability to prepare appropriate project plans;
87.2    (7) the vendor's or contractor's technical capacities;
87.3    (8) the individual qualifications of the contractor's key personnel; or
87.4    (9) the vendor's or contractor's ability to assess and minimize risks.
87.5    "Performance on previous projects" does not include the exercise or assertion of a
87.6person's legal rights. This definition does not apply to sections 16C.32, 16C.33, 16C.34,
87.7and 16C.35.

87.8    Sec. 2. Minnesota Statutes 2006, section 16C.02, is amended by adding a subdivision
87.9to read:
87.10    Subd. 20. Vendor. "Vendor" means a business, including a construction contractor
87.11or a natural person, and includes both if the natural person is engaged in a business.

87.12    Sec. 3. Minnesota Statutes 2006, section 16C.03, subdivision 3, is amended to read:
87.13    Subd. 3. Acquisition authority. The commissioner shall acquire all goods, services,
87.14and utilities needed by agencies. The commissioner shall acquire goods, services, and
87.15utilities by requests for bids, requests for proposals, reverse auctions as provided in
87.16section 16C.10, subdivision 7, or other methods provided by law, unless a section of law
87.17requires a particular method of acquisition to be used. The commissioner shall make all
87.18decisions regarding acquisition activities. The determination of the acquisition method
87.19and all decisions involved in the acquisition process, unless otherwise provided for by
87.20law, shall be based on best value which includes an evaluation of price and may include
87.21other considerations including, but not limited to, environmental considerations, quality,
87.22and vendor performance. A best value determination must be based on the evaluation
87.23criteria detailed in the solicitation document. If criteria other than price are used, the
87.24solicitation document must state the relative importance of price and other factors. Unless
87.25it is determined by the commissioner that an alternative solicitation method provided by
87.26law should be used to determine best value, a request for bid must be used to solicit
87.27formal responses for all building and construction contracts. Any or all responses may
87.28be rejected. When using the request for bid process, the bid must be awarded to the
87.29lowest responsive and responsible bidder, taking into consideration conformity with
87.30the specifications, terms of delivery, the purpose for which the contract or purchase is
87.31intended, the status and capability of the vendor, and other considerations imposed in the
87.32request for bids. The commissioner may decide which is the lowest responsible bidder
87.33for all purchases and may use the principles of life-cycle costing, where appropriate, in
88.1determining the lowest overall bid. The duties set forth in this subdivision are subject to
88.2delegation pursuant to this section.

88.3    Sec. 4. Minnesota Statutes 2006, section 16C.03, is amended by adding a subdivision
88.4to read:
88.5    Subd. 3a. Acquisition authority; construction contracts. For all building and
88.6construction contracts, the commissioner shall award contracts pursuant to section
88.716C.28, and "best value" shall be defined and applied as set forth in sections 16C.02,
88.8subdivision 4a and 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).
88.9The duties set forth in this subdivision are subject to delegation pursuant to this section.
88.10The commissioner shall establish procedures for developing and awarding best value
88.11requests for proposals for construction projects. The criteria to be used to evaluate the
88.12proposals must be included in the solicitation document and must be evaluated in an open
88.13and competitive manner.

88.14    Sec. 5. Minnesota Statutes 2006, section 16C.03, is amended by adding a subdivision
88.15to read:
88.16    Subd. 19. Training. Any personnel administering procurement procedures for a
88.17user of best value procurement or any consultant retained by a local unit of government to
88.18prepare or evaluate solicitation documents must be trained, either by the department or
88.19through other training, in the request for proposals process for best value contracting for
88.20construction projects. The commissioner may establish a training program for state and
88.21local officials, and vendors and contractors, on best value procurement for construction
88.22projects, including those governed by section 16C.28. If the commissioner establishes
88.23such a training program, the state may charge a fee for providing training.

88.24    Sec. 6. Minnesota Statutes 2006, section 16C.26, is amended to read:
88.2516C.26 COMPETITIVE BIDS OR PROPOSALS.
88.26    Subdivision 1. Application. Except as otherwise provided by sections 16C.10,
88.2716C.26 and 16C.27, all contracts for building and construction or repairs must be based on
88.28competitive bids or proposals. "Competitive proposals" specifically refers to the method
88.29of procurement described in section 16C.28, subdivision 1, paragraph (a), clause (2).
88.30    Subd. 2. Requirement contracts. Standard requirement price contracts for building
88.31and construction must be established by competitive bids as provided in subdivision 1.
88.32The standard requirement price contracts may contain escalation clauses and may provide
88.33for a negotiated price increase or decrease based upon a demonstrable industrywide or
89.1regional increase or decrease in the vendor's costs or for the addition of similar products or
89.2replacement items not significant to the total value of existing contracts. The term of these
89.3contracts may not exceed five years including all extensions.
89.4    Subd. 3. Publication of notice; expenditures over $25,000. If the amount of an
89.5expenditure is estimated to exceed $25,000, bids or proposals must be solicited by public
89.6notice in a manner designated by the commissioner. To the extent practical, this must
89.7include posting on a state Web site. For expenditures over $50,000, when a call for bids is
89.8issued the commissioner shall solicit sealed bids by providing notices to all prospective
89.9bidders known to the commissioner by posting notice on a state Web site at least seven
89.10days before the final date of submitting bids. All bids over $50,000 must be sealed when
89.11they are received and must be opened in public at the hour stated in the notice. All
89.12proposals responsive to a request for proposals according to section 16C.28, subdivision
89.131, paragraph (a), clause (2), and paragraph (c), shall be submitted and evaluated in the
89.14manner described in the request for proposals, regardless of the dollar amount. All original
89.15bids and proposals and all documents pertaining to the award of a contract must be retained
89.16and made a part of a permanent file or record and remain open to public inspection.
89.17    Subd. 4. Building and construction contracts; $50,000 or less. An informal bid
89.18may be used for building, construction, and repair contracts that are estimated at less than
89.19$50,000. Informal bids must be authenticated by the bidder in a manner specified by the
89.20commissioner. Alternatively, a request for proposals may be issued according to section
89.2116C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c), for such contracts.
89.22    Subd. 5. Standard specifications, security. Contracts must be based on the
89.23standard specifications prescribed and enforced by the commissioner under this chapter,
89.24unless otherwise expressly provided or as authorized under section 16C.28, subdivision
89.251, paragraph (a), clause (2), and paragraph (c). Each bidder for a contract vendor or
89.26contractor must furnish security approved by the commissioner to ensure the making of
89.27the contract being bid for.
89.28    Subd. 6. Noncompetitive bids. Agencies are encouraged to contract with small
89.29targeted group businesses designated under section 16C.16 when entering into contracts
89.30that are not subject to competitive bidding procedures.

89.31    Sec. 7. Minnesota Statutes 2006, section 16C.27, subdivision 1, is amended to read:
89.32    Subdivision 1. Single source of supply. Competitive bidding is or proposals are not
89.33required for contracts clearly and legitimately limited to a single source of supply, and the
89.34contract price may be best established by direct negotiation.

90.1    Sec. 8. Minnesota Statutes 2006, section 16C.28, is amended to read:
90.216C.28 CONTRACTS; AWARD.
90.3    Subdivision 1. Lowest responsible bidder Award requirements. (a) All state
90.4building and construction contracts entered into by or under the supervision of the
90.5commissioner or an agency for which competitive bids or proposals are required must
90.6be awarded to the lowest responsible bidder, taking into consideration conformity with
90.7the specifications, terms of delivery, the purpose for which the contract is intended, the
90.8status and capability of the vendor, and other considerations imposed in the call for bids.
90.9The commissioner may decide which is the lowest responsible bidder for all contracts
90.10and may use the principles of life cycle costing, where appropriate, in determining the
90.11lowest overall bid. The head of the interested agency shall make the decision, subject
90.12to the approval of the commissioner. Any or all bids may be rejected. In a case where
90.13competitive bids are required and where all bids are rejected, new bids, if solicited, must
90.14be called for as in the first instance, unless otherwise provided by law. may be awarded to
90.15either of the following:
90.16    (1) the lowest responsible bidder, taking into consideration conformity with the
90.17specifications, terms of delivery, the purpose for which the contract is intended, the status
90.18and capability of the vendor or contractor, other considerations imposed in the call for
90.19bids, and, where appropriate, principles of life-cycle costing; or
90.20    (2) the vendor or contractor offering the best value, taking into account the
90.21specifications of the request for proposals, the price and performance criteria as set forth
90.22in section 16C.02, subdivision 4a, and described in the solicitation document.
90.23    (b) The vendor or contractor must secure bonding, commercial general insurance
90.24coverage, and workers' compensation insurance coverage under paragraph (a), clause
90.25(1) or (2). The commissioner shall determine whether to use the procurement process
90.26described in paragraph (a), clause (1), or the procurement process described in paragraph
90.27(a), clause (2). If the commissioner uses the method in paragraph (a), clause (2), the head
90.28of the agency shall determine which vendor or contractor offers the best value, subject to
90.29the approval of the commissioner. Any or all bids or proposals may be rejected.
90.30    (c) When using the procurement process described in paragraph (a), clause (2), the
90.31solicitation document must state the relative importance of price and other factors.
90.32    Subd. 1a. Establishment and purpose. (a) The state recognizes the importance of
90.33the inclusion of a best value contracting system for construction as an alternative to the
90.34current low-bid system of procurement. In order to accomplish that goal, state and local
90.35governmental entities shall be able to choose the best value system in different phases.
91.1    (b) "Best value" means the procurement method defined in section 16C.02,
91.2subdivision 4a.
91.3    (c) The following entities are eligible to participate in phase I:
91.4    (1) state agencies;
91.5    (2) counties;
91.6    (3) cities; and
91.7    (4) school districts with the highest 25 percent enrollment of students in the state.
91.8Phase I begins on the effective date of this section.
91.9    (d) The following entities are eligible to participate in phase II:
91.10    (1) those entities included in phase I; and
91.11    (2) school districts with the highest 50 percent enrollment of students in the state.
91.12Phase II begins two years from the effective date of this section.
91.13    (e) The following entities are eligible to participate in phase III:
91.14    (1) all entities included in phases I and II; and
91.15    (2) all other townships, school districts, and political subdivisions in the state.
91.16Phase III begins three years from the effective date of this section.
91.17    (f) The commissioner or any agency for which competitive bids or proposals are
91.18required may not use best value contracting as defined in section 16C.02, subdivision 4a,
91.19for more than one project annually, or 20 percent of its projects, whichever is greater, in
91.20each of the first three fiscal years in which best value construction contracting is used.
91.21    Subd. 2. Alterations and erasures. A bid containing an alteration or erasure of
91.22any price contained in the bid which is used in determining the lowest responsible bid
91.23must be rejected unless the alteration or erasure is corrected in a manner that is clear and
91.24authenticated by an authorized representative of the responder. An alteration or erasure
91.25may be crossed out and the correction printed in ink or typewritten adjacent to it and
91.26initialed by an authorized representative of the responder.
91.27    Subd. 3. Special circumstances. The commissioner may reject the bid or proposal
91.28of any bidder vendor or contractor who has failed to perform a previous contract with
91.29the state. In the case of identical low bids from two or more bidders, the commissioner
91.30may use negotiated procurement methods with the tied low bidders for that particular
91.31transaction so long as the price paid does not exceed the low tied bid price. The
91.32commissioner may award contracts to more than one bidder vendor or contractor in
91.33accordance with subdivision 1, if doing so does not decrease the service level or diminish
91.34the effect of competition.
92.1    Subd. 4. Record. A record must be kept of all bids or proposals, including names of
92.2bidders, amounts of bids or proposals, and each successful bid or proposal. This record is
92.3open to public inspection, subject to section 13.591 and other applicable law.
92.4    Subd. 5. Preferences not cumulative. The preferences under sections 16B.121,
92.516C.06, subdivision 7 , and 16C.16 apply, but are not cumulative. The total percentage
92.6of preference granted on a contract may not exceed the highest percentage of preference
92.7allowed for that contract under any one of those sections.

92.8    Sec. 9. Minnesota Statutes 2006, section 103D.811, subdivision 3, is amended to read:
92.9    Subd. 3. Awarding of contract. (a) At a time and place specified in the bid notice,
92.10the managers may accept or reject any or all bids and may award the contract to the lowest
92.11responsible bidder. The bidder to whom the contract is to be awarded must give a bond,
92.12with ample security, conditioned by satisfactory completion of the contract.
92.13    (b) Bids must not be considered which in the aggregate exceed by more than 30
92.14percent the total estimated cost of construction or implementation.
92.15    (c) As an alternative to the procurement method described in paragraph (a), the
92.16managers may issue a request for proposals and award the contract to the vendor or
92.17contractor offering the best value as described in section 16C.28, subdivision 1, paragraph
92.18(a), clause (2), and paragraph (c).
92.19    (d) The contract must be in writing and be accompanied by or refer to the plans and
92.20specifications for the work to be done as prepared by the engineer for the watershed
92.21district. The plans and specifications shall become a part of the contract.
92.22    (d) (e) The contract shall be approved by the managers and signed by the president,
92.23secretary, and contractor.

92.24    Sec. 10. Minnesota Statutes 2006, section 103E.505, subdivision 5, is amended to read:
92.25    Subd. 5. How contract may be awarded. The contract may be awarded in one
92.26job, in sections, or separately for labor and material and must may be let to the lowest
92.27responsible bidder. Alternatively, the contract may be awarded to the vendor or contractor
92.28offering the best value under a request for proposals as described in section 16C.28,
92.29subdivision 1, paragraph (a), clause (2), and paragraph (c).

92.30    Sec. 11. Minnesota Statutes 2006, section 116A.13, subdivision 5, is amended to read:
92.31    Subd. 5. How job may be let. The job may be let in one job, or in sections, or
92.32separately for labor and material, and shall may be let to the lowest responsible bidder or
92.33bidders therefor. Alternatively, the contract may be awarded to the vendor or contractor
93.1offering the best value under a request for proposals as described in section 16C.28,
93.2subdivision 1, paragraph (a), clause (2), and paragraph (c).

93.3    Sec. 12. Minnesota Statutes 2006, section 123B.52, subdivision 1, is amended to read:
93.4    Subdivision 1. Contracts. A contract for work or labor, or for the purchase of
93.5furniture, fixtures, or other property, except books registered under the copyright laws, or
93.6for the construction or repair of school houses, the estimated cost or value of which shall
93.7exceed that specified in section 471.345, subdivision 3, must not be made by the school
93.8board without first advertising for bids or proposals by two weeks' published notice in the
93.9official newspaper. This notice must state the time and place of receiving bids and contain
93.10a brief description of the subject matter.
93.11    Additional publication in the official newspaper or elsewhere may be made as the
93.12board shall deem necessary.
93.13    After taking into consideration conformity with the specifications, terms of delivery,
93.14and other conditions imposed in the call for bids, every such contract for which a call for
93.15bids has been issued must be awarded to the lowest responsible bidder, be duly executed
93.16in writing, and be otherwise conditioned as required by law. The person to whom the
93.17contract is awarded shall give a sufficient bond to the board for its faithful performance.
93.18Notwithstanding section 574.26 or any other law to the contrary, on a contract limited
93.19to the purchase of a finished tangible product, a board may require, at its discretion, a
93.20performance bond of a contractor in the amount the board considers necessary. A record
93.21must be kept of all bids, with names of bidders and amount of bids, and with the successful
93.22bid indicated thereon. A bid containing an alteration or erasure of any price contained in
93.23the bid which is used in determining the lowest responsible bid must be rejected unless the
93.24alteration or erasure is corrected as provided in this section. An alteration or erasure may
93.25be crossed out and the correction thereof printed in ink or typewritten adjacent thereto and
93.26initialed in ink by the person signing the bid. In the case of identical low bids from two or
93.27more bidders, the board may, at its discretion, utilize negotiated procurement methods
93.28with the tied low bidders for that particular transaction, so long as the price paid does not
93.29exceed the low tied bid price. In the case where only a single bid is received, the board
93.30may, at its discretion, negotiate a mutually agreeable contract with the bidder so long as
93.31the price paid does not exceed the original bid. If no satisfactory bid is received, the
93.32board may readvertise. Standard requirement price contracts established for supplies or
93.33services to be purchased by the district must be established by competitive bids. Such
93.34standard requirement price contracts may contain escalation clauses and may provide for a
93.35negotiated price increase or decrease based upon a demonstrable industrywide or regional
94.1increase or decrease in the vendor's costs. Either party to the contract may request that the
94.2other party demonstrate such increase or decrease. The term of such contracts must not
94.3exceed two years with an option on the part of the district to renew for an additional two
94.4years. Contracts for the purchase of perishable food items, except milk for school lunches
94.5and vocational training programs, in any amount may be made by direct negotiation
94.6by obtaining two or more written quotations for the purchase or sale, when possible,
94.7without advertising for bids or otherwise complying with the requirements of this section
94.8or section 471.345, subdivision 3. All quotations obtained shall be kept on file for a
94.9period of at least one year after receipt.
94.10    Every contract made without compliance with the provisions of this section shall be
94.11void. Except in the case of the destruction of buildings or injury thereto, where the public
94.12interest would suffer by delay, contracts for repairs may be made without advertising
94.13for bids.

94.14    Sec. 13. Minnesota Statutes 2006, section 123B.52, is amended by adding a
94.15subdivision to read:
94.16    Subd. 1b. Best value alternative. As an alternative to the procurement method
94.17described in subdivision 1, a contract for construction, building, alteration, improvement,
94.18or repair work may be awarded to the vendor or contractor offering the best value under a
94.19request for proposals as described in section 16C.28, subdivision 1, paragraph (a), clause
94.20(2), and paragraph (c).

94.21    Sec. 14. Minnesota Statutes 2006, section 160.17, is amended by adding a subdivision
94.22to read:
94.23    Subd. 2a. Best value alternative. As an alternative to the procurement method
94.24referenced in subdivision 2, counties or towns may issue a request for proposal and award
94.25the contract to the vendor or contractor offering the best value as described in section
94.2616C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).

94.27    Sec. 15. Minnesota Statutes 2006, section 160.262, is amended by adding a subdivision
94.28to read:
94.29    Subd. 5. Best value alternative. As an alternative to the procurement method
94.30described in subdivision 4, the commissioner may allow for the award of design-build
94.31contracts for the projects described in subdivision 4 to the vendor or contractor offering
94.32the best value under a request for proposals as described in section 16C.28, subdivision 1,
94.33paragraph (a), clause (2), and paragraph (c).

95.1    Sec. 16. Minnesota Statutes 2006, section 161.32, is amended by adding a subdivision
95.2to read:
95.3    Subd. 1f. Best value alternative. As an alternative to the procurement method
95.4described in subdivisions 1a to 1e, the commissioner may issue a request for proposals
95.5and award the contract to the vendor or contractor offering the best value as described in
95.6section 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).

95.7    Sec. 17. [161.3206] BEST VALUE CONTRACTING AUTHORITY.
95.8    Notwithstanding sections 16C.25, 161.32, and 161.321, or any other law to the
95.9contrary, the commissioner may solicit and award all contracts, other than design-build
95.10contracts governed by section 161.3412, for a project on the basis of a best value selection
95.11process as defined in section 16C.02, subdivision 4a. Section 16C.08 does not apply
95.12to this section.

95.13    Sec. 18. Minnesota Statutes 2006, section 161.3412, subdivision 1, is amended to read:
95.14    Subdivision 1. Best value selection for design-build contracts. Notwithstanding
95.15sections 16C.25, 161.32, and 161.321, or any other law to the contrary, the commissioner
95.16may solicit and award a design-build contract for a project on the basis of a best value
95.17selection process. Section 16C.08 does not apply to design-build contracts to which the
95.18commissioner is a party.

95.19    Sec. 19. Minnesota Statutes 2006, section 161.38, subdivision 4, is amended to read:
95.20    Subd. 4. Effects on other law of public contract with commissioner. Whenever
95.21the road authority of any city enters into an agreement with the commissioner pursuant
95.22to this section, and a portion of the cost is to be assessed against benefited property,
95.23the letting of a public contract by the commissioner for the work shall be deemed to
95.24comply with statutory or charter provisions requiring the city (1) to advertise for bids
95.25before awarding a contract for a public improvement, (2) to let the contract to the lowest
95.26responsible bidder or to the vendor or contractor offering the best value, and (3) to require
95.27a performance bond to be filed by the contractor before undertaking the work. The
95.28contract so let by the commissioner and the performance bond required of the contractor
95.29by the commissioner shall be considered to be the contract and bond of the city for the
95.30purposes of complying with the requirements of any applicable law or charter provision,
95.31and the bond shall inure to the benefit of the city and operate for their protection to the
95.32same extent as though they were parties thereto.

96.1    Sec. 20. Minnesota Statutes 2006, section 365.37, is amended by adding a subdivision
96.2to read:
96.3    Subd. 2a. Best value alternative. As an alternative to the procurement method
96.4described in subdivision 2, a contract for construction, building, alteration, improvement,
96.5or repair work may be awarded to the vendor or contractor offering the best value under a
96.6request for proposals as described in section 16C.28, subdivision 1, paragraph (a), clause
96.7(2), and paragraph (c).

96.8    Sec. 21. Minnesota Statutes 2006, section 374.13, is amended to read:
96.9374.13 TO ADVERTISE FOR BIDS.
96.10    Subdivision 1. Bidding process. When the plans and specifications are completed
96.11and approved by the city council and the county board, the commission shall, after notice
96.12appropriate to inform possible bidders, obtain bids or proposals for all or any portion of
96.13the work or materials, or both, to be done, performed, or furnished in the construction of
96.14the building. All bids or proposals shall be sealed by the bidders or proposers and filed
96.15with the commission at or before the time specified for the opening of bids or proposals.
96.16At the time and place specified for the opening of bids or proposals, the commission shall
96.17meet, open the bids or proposals, tabulate them, and award the contract or contracts to the
96.18responsible bidder whose bid or proposal is the most favorable to the city or county, or
96.19reject all bids and proposals. If all bids or proposals are rejected, the commission may,
96.20after similar notice, obtain more bids or proposals or may modify or change the plans and
96.21specifications and submit the modified plans and specifications to the city council and the
96.22county board for approval. When the modified or changed plans and specifications are
96.23satisfactory to both the city council and the county board, the plans and specifications
96.24shall be returned to the commission and the commission shall proceed again, after similar
96.25notice, to obtain bids or proposals. Any contract awarded by the commission shall be
96.26subject to approval by the city council and the county board.
96.27    Subd. 2. Best value alternative. As an alternative to the procurement method
96.28described in subdivision 1, the commission may issue a request for proposals and award
96.29the contract to the vendor or contractor offering the best value as described in section
96.3016C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).

96.31    Sec. 22. Minnesota Statutes 2006, section 375.21, is amended by adding a subdivision
96.32to read:
96.33    Subd. 1b. Best value alternative. As an alternative to the procurement method
96.34described in subdivision 1, a county board may award a contract for construction, building,
97.1alteration, improvement, or repair work to the vendor or contractor offering the best value
97.2under a request for proposals as described in section 16C.28, subdivision 1, paragraph
97.3(a), clause (2), and paragraph (c).

97.4    Sec. 23. Minnesota Statutes 2006, section 383C.094, is amended by adding a
97.5subdivision to read:
97.6    Subd. 1a. Contracts in excess of $500; best value alternative. As an alternative to
97.7the procurement method described in subdivision 1, the contract may be awarded to the
97.8vendor or contractor offering the best value under a request for proposals as described in
97.9section 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).

97.10    Sec. 24. Minnesota Statutes 2006, section 412.311, is amended to read:
97.11412.311 CONTRACTS.
97.12    Subdivision 1. Lowest responsible bidder. Except as provided in sections 471.87
97.13to 471.89, no member of a council shall be directly or indirectly interested in any contract
97.14made by the council. Whenever the amount of a contract for the purchase of merchandise,
97.15materials or equipment or for any kind of construction work undertaken by the city is
97.16estimated to exceed the amount specified by section 471.345, subdivision 3, the contract
97.17shall be let to the lowest responsible bidder, after notice has been published once in the
97.18official newspaper at least ten days in advance of the last day for the submission of bids. If
97.19the amount of the contract exceeds $1,000, it shall be entered into only after compliance
97.20with section 471.345.
97.21    Subd. 2. Best value alternative. As an alternative to the procurement method
97.22described in subdivision 1, a contract for construction, building, alteration, improvement,
97.23or repair work may be awarded to the vendor or contractor offering the best value under a
97.24request for proposals as described in section 16C.28, subdivision 1, paragraph (a), clause
97.25(2), and paragraph (c).

97.26    Sec. 25. Minnesota Statutes 2006, section 429.041, is amended by adding a subdivision
97.27to read:
97.28    Subd. 2a. Best value alternative. As an alternative to the procurement method
97.29described in subdivision 2, the council may issue a request for proposals and award the
97.30contract to the vendor or contractor offering the best value as described in section 16C.28,
97.31subdivision 1, paragraph (a), clause (2), and paragraph (c).

98.1    Sec. 26. Minnesota Statutes 2006, section 458D.21, is amended by adding a
98.2subdivision to read:
98.3    Subd. 2a. Contracts in excess of $5,000; best value alternative. As an alternative
98.4to the procurement method described in subdivision 2, the board may issue a request for
98.5proposals and award the contract to the vendor or contractor offering the best value as
98.6described in section 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).

98.7    Sec. 27. Minnesota Statutes 2006, section 469.015, is amended by adding a subdivision
98.8to read:
98.9    Subd. 1a. Best value alternative. As an alternative to the procurement method
98.10described in subdivision 1, the authority may issue a request for proposals and award the
98.11contract to the vendor or contractor offering the best value under a request for proposals as
98.12described in section 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).

98.13    Sec. 28. Minnesota Statutes 2006, section 469.068, subdivision 1, is amended to read:
98.14    Subdivision 1. Contracts; bids; bonds. All construction work and every purchase
98.15of equipment, supplies, or materials necessary in carrying out the purposes of sections
98.16469.048 to 469.068, that involve the expenditure of $1,000 or more, shall be awarded by
98.17contract as provided in this subdivision or in subdivision 1a. Before receiving bids under
98.18sections 469.048 to 469.068, the authority shall publish, once a week for two consecutive
98.19weeks in the official newspaper of the port's city, a notice that bids will be received for the
98.20construction work, or purchase of equipment, supplies, or materials. The notice shall state
98.21the nature of the work, and the terms and conditions upon which the contract is to be let
98.22and name a time and place where the bids will be received, opened, and read publicly,
98.23which time shall be not less than seven days after the date of the last publication. After
98.24the bids have been received, opened, read publicly, and recorded, the commissioners
98.25shall award the contract to the lowest responsible bidder, reserving the right to reject
98.26any or all bids. The contract shall be executed in writing and the person to whom the
98.27contract is awarded shall give sufficient bond to the board for its faithful performance. If
98.28no satisfactory bid is received, the port authority may readvertise, or, by an affirmative
98.29vote of two of its commissioners in the case of a three-member commission, or five of
98.30its members in the case of a seven-member commission, may authorize the authority
98.31to perform any part or parts of any construction work by day labor under conditions it
98.32prescribes. The commissioners may establish reasonable qualifications to determine
98.33the fitness and responsibility of bidders, and require bidders to meet the qualifications
98.34before bids are accepted. If the commissioners by a two-thirds or five-sevenths vote
99.1declare that an emergency exists requiring the immediate purchase of any equipment or
99.2material or supplies at a cost in excess of $1,000, but not exceeding $5,000, in amount,
99.3or making of emergency repairs, it shall not be necessary to advertise for bids, but the
99.4material, equipment, or supplies may be purchased in the open market at the lowest price
99.5obtainable, or the emergency repairs may be contracted for or performed without securing
99.6formal competitive bids. An emergency, for purposes of this section, is unforeseen
99.7circumstances or conditions which result in the jeopardizing of human life or property.
99.8    In all contracts involving the employment of labor, the commissioners shall stipulate
99.9conditions they deem reasonable, as to the hours of labor and wages and may stipulate as
99.10to the residence of employees to be employed by the contractors.
99.11    Bonds shall be required from contractors for any works of construction as provided
99.12in and subject to all the provisions of sections 574.26 to 574.31.

99.13    Sec. 29. Minnesota Statutes 2006, section 469.068, is amended by adding a subdivision
99.14to read:
99.15    Subd. 1a. Contracts; best value alternative. As an alternative to the procurement
99.16method described in subdivision 1, a contract may be awarded to the vendor or contractor
99.17offering the best value under a request for proposals as described in section 16C.28,
99.18subdivision 1, paragraph (a), clause (2), and paragraph (c).

99.19    Sec. 30. Minnesota Statutes 2006, section 471.345, is amended by adding a subdivision
99.20to read:
99.21    Subd. 3a. Contracts over $50,000; best value alternative. As an alternative to the
99.22procurement method described in subdivision 3, municipalities may award a contract for
99.23construction, alteration, repair, or maintenance work to the vendor or contractor offering
99.24the best value under a request for proposals as described in section 16C.28, subdivision 1,
99.25paragraph (a), clause (2), and paragraph (c).

99.26    Sec. 31. Minnesota Statutes 2006, section 471.345, is amended by adding a subdivision
99.27to read:
99.28    Subd. 4a. Contracts from $10,000 to $50,000; best value alternative. As an
99.29alternative to the procurement method described in subdivision 4, municipalities may
99.30award a contract for construction, alteration, repair, or maintenance work to the vendor or
99.31contractor offering the best value under a request for proposals as described in section
99.3216C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).

100.1    Sec. 32. Minnesota Statutes 2006, section 471.345, subdivision 5, is amended to read:
100.2    Subd. 5. Contracts less than $10,000. If the amount of the contract is estimated
100.3to be $10,000 or less, the contract may be made either upon quotation or in the open
100.4market, in the discretion of the governing body. If the contract is made upon quotation
100.5it shall be based, so far as practicable, on at least two quotations which shall be kept on
100.6file for a period of at least one year after their receipt. Alternatively, municipalities may
100.7award a contract for construction, alteration, repair, or maintenance work to the vendor or
100.8contractor offering the best value under a request for proposals as described in section
100.916C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).

100.10    Sec. 33. Minnesota Statutes 2006, section 473.523, is amended by adding a subdivision
100.11to read:
100.12    Subd. 1a. Contracts over $50,000; best value alternative. As an alternative to
100.13the procurement method described in subdivision 1, the council may issue a request for
100.14proposals and award the contract to the vendor or contractor offering the best value
100.15under a request for proposals as described in section 16C.28, subdivision 1, paragraph
100.16(a), clause (2), and paragraph (c).

100.17    Sec. 34. Minnesota Statutes 2006, section 473.756, subdivision 12, is amended to read:
100.18    Subd. 12. Contracts. The authority may enter into a development agreement with
100.19the team, the county, or any other entity relating to the construction, financing, and use of
100.20the ballpark and related facilities and public infrastructure. The authority may contract
100.21for materials, supplies, and equipment in accordance with sections 471.345 and 473.754,
100.22except that the authority, with the consent of the county, may employ or contract with
100.23persons, firms, or corporations to perform one or more or all of the functions of architect,
100.24engineer, or construction manager with respect to all or any part of the ballpark and
100.25public infrastructure. Alternatively, at the request of the team and with the consent of the
100.26county, the authority shall authorize the team to provide for the design and construction
100.27of the ballpark and related public infrastructure, subject to terms of Laws 2006, chapter
100.28257. The construction manager may enter into contracts with contractors for labor,
100.29materials, supplies, and equipment for the construction of the ballpark and related public
100.30infrastructure through the process of public bidding, except that the construction manager
100.31may, with the consent of the authority or the team:
100.32    (1) narrow the listing of eligible bidders to those which the construction manager
100.33determines to possess sufficient expertise to perform the intended functions;
101.1    (2) award contracts to the contractors that the construction manager determines
101.2provide the best value under a request for proposals as described in section 16C.28,
101.3subdivision 1, paragraph (a), clause (2), and paragraph (c), which are not required to be
101.4the lowest responsible bidder; and
101.5    (3) for work the construction manager determines to be critical to the completion
101.6schedule, award contracts on the basis of competitive proposals or perform work with
101.7its own forces without soliciting competitive bids if the construction manager provides
101.8evidence of competitive pricing.
101.9The authority shall require that the construction manager certify, before the contract is
101.10signed, a fixed and stipulated construction price and completion date to the authority
101.11and post a performance bond in an amount at least equal to 100 percent of the certified
101.12price, to cover any costs which may be incurred in excess of the certified price, including
101.13but not limited to costs incurred by the authority or loss of revenues resulting from
101.14incomplete construction on the completion date. The authority may secure surety bonds
101.15as provided in section 574.26, securing payment of just claims in connection with all
101.16public work undertaken by it. Persons entitled to the protection of the bonds may enforce
101.17them as provided in sections 574.28 to 574.32, and shall not be entitled to a lien on any
101.18property of the authority under the provisions of sections 514.01 to 514.16. Contracts for
101.19construction and operation of the ballpark must include programs, including Youthbuild,
101.20to provide for participation by small local businesses and businesses owned by people of
101.21color, and the inclusion of women and people of color in the workforces of contractors
101.22and ballpark operators. The construction of the ballpark is a "project" as that term is
101.23defined in section 177.42, subdivision 2, and is subject to the prevailing wage law under
101.24sections 177.41 to 177.43.

101.25ARTICLE 4
101.26ELECTIONS

101.27    Section 1. Minnesota Statutes 2006, section 200.02, subdivision 7, is amended to read:
101.28    Subd. 7. Major political party. (a) "Major political party" means a political party
101.29that maintains a party organization in the state, political division, or precinct in question
101.30and that has presented at least one candidate for election to the office of:
101.31    (1) governor and lieutenant governor, secretary of state, state auditor, or attorney
101.32general at the last preceding state general election for those offices; or
101.33    (2) presidential elector or U.S. senator at the last preceding state general election for
101.34presidential electors; and
102.1    whose candidate received votes in each county in that election and received votes
102.2from not less than five percent of the total number of individuals who voted in that election.
102.3    (b) "Major political party" also means a political party that maintains a party
102.4organization in the state, political subdivision, or precinct in question and that has
102.5presented at least 45 candidates for election to the office of state representative, 23
102.6candidates for election to the office of state senator, four candidates for election to
102.7the office of representative in Congress, and one candidate for election to each of the
102.8following offices: governor and lieutenant governor, attorney general, secretary of state,
102.9and state auditor, at the last preceding state general election for those offices.
102.10    (c) "Major political party" also means a political party that maintains a party
102.11organization in the state, political subdivision, or precinct in question and whose members
102.12present to the secretary of state at any time before the close of filing for the state partisan
102.13primary ballot at least six weeks before the start of the filing period a petition for a place
102.14on the state partisan primary ballot, which petition contains signatures of a number of
102.15the party members equal to at least five percent of the total number of individuals who
102.16voted in the preceding state general election. The petition may be circulated at any time
102.17after January 1 and more than six weeks before the start of the filing period in the year
102.18the petition is submitted.
102.19    (d) A political party whose candidate receives a sufficient number of votes at a state
102.20general election described in paragraph (a) or a political party that presents candidates at
102.21an election as required by paragraph (b) becomes a major political party as of January
102.221 following that election and retains its major party status for at least two state general
102.23elections even if the party fails to present a candidate who receives the number and
102.24percentage of votes required under paragraph (a) or fails to present candidates as required
102.25by paragraph (b) at subsequent state general elections.
102.26    (e) A major political party whose candidates fail to receive the number and
102.27percentage of votes required under paragraph (a) and that fails to present candidates as
102.28required by paragraph (b) at each of two consecutive state general elections described by
102.29paragraph (a) or (b), respectively, loses major party status as of December 31 following
102.30the later of the two consecutive state general elections.

102.31    Sec. 2. Minnesota Statutes 2006, section 200.02, subdivision 23, is amended to read:
102.32    Subd. 23. Minor political party. (a) "Minor political party" means a political party
102.33that has adopted a state constitution, designated a state party chair, held a state convention
102.34in the last two years, filed with the secretary of state no later than December 31 following
103.1the most recent state general election a certification that the party has met the foregoing
103.2requirements, and met the requirements of paragraph (b) or (e), as applicable.
103.3    (b) To be considered a minor party in all elections statewide, the political party must
103.4have presented at least one candidate for election to the office of:
103.5    (1) governor and lieutenant governor, secretary of state, state auditor, or attorney
103.6general, at the last preceding state general election for those offices; or
103.7    (2) presidential elector or U.S. senator at the preceding state general election for
103.8presidential electors; and
103.9    who received votes in each county that in the aggregate equal at least one percent
103.10of the total number of individuals who voted in the election, or its members must have
103.11presented to the secretary of state at any time before the close of filing for the state
103.12partisan primary ballot at least six weeks before the start of the filing period a nominating
103.13petition in a form prescribed by the secretary of state containing the signatures of party
103.14members in a number equal to at least one percent of the total number of individuals who
103.15voted in the preceding state general election. The petition may be circulated at any time
103.16after January 1 and more than six weeks before the start of the filing period in the year
103.17the petition is submitted.
103.18    (c) A political party whose candidate receives a sufficient number of votes at a
103.19state general election described in paragraph (b) becomes a minor political party as of
103.20January 1 following that election and retains its minor party status for at least two state
103.21general elections even if the party fails to present a candidate who receives the number
103.22and percentage of votes required under paragraph (b) at subsequent state general elections.
103.23    (d) A minor political party whose candidates fail to receive the number and
103.24percentage of votes required under paragraph (b) at each of two consecutive state general
103.25elections described by paragraph (b) loses minor party status as of December 31 following
103.26the later of the two consecutive state general elections.
103.27    (e) A minor party that qualifies to be a major party loses its status as a minor party
103.28at the time it becomes a major party. Votes received by the candidates of a major party
103.29must be counted in determining whether the party received sufficient votes to qualify as
103.30a minor party, notwithstanding that the party does not receive sufficient votes to retain
103.31its major party status. To be considered a minor party in an election in a legislative
103.32district, the political party must have presented at least one candidate for a legislative
103.33office in that district who received votes from at least ten percent of the total number of
103.34individuals who voted for that office, or its members must have presented to the secretary
103.35of state a nominating petition in a form prescribed by the secretary of state containing the
104.1signatures of party members in a number equal to at least ten percent of the total number
104.2of individuals who voted in the preceding state general election for that legislative office.

104.3    Sec. 3. Minnesota Statutes 2006, section 201.016, subdivision 1a, is amended to read:
104.4    Subd. 1a. Violations; penalty. (a) The county auditor shall mail a violation notice
104.5to any voter who the county auditor can determine has voted in a precinct other than the
104.6precinct in using an address at which the voter maintains does not maintain residence on
104.7election day. The notice must be in the form provided by the secretary of state. The
104.8county auditor shall also change the status of the voter in the statewide registration system
104.9to "challenged" and the voter shall be required to provide proof of residence to either the
104.10county auditor or to the election judges in the voter's precinct before voting in the next
104.11election. Any of the forms authorized by section 201.061 for registration at the polling
104.12place may be used for this purpose.
104.13    (b) A voter who votes in a precinct other than the precinct in which the voter
104.14maintains residence after receiving an initial violation notice as provided in this
104.15subdivision is guilty of a petty misdemeanor.
104.16    (c) A voter who votes in a precinct other than the precinct in which the voter
104.17maintains residence after having been found to have committed a petty misdemeanor
104.18under paragraph (b) is guilty of a misdemeanor.
104.19    (d) Reliance by the voter on inaccurate information regarding the location of the
104.20voter's polling place provided by the state, county, or municipality is an affirmative
104.21defense to a prosecution under this subdivision.

104.22    Sec. 4. Minnesota Statutes 2006, section 201.056, is amended to read:
104.23201.056 SIGNATURE OF REGISTERED VOTER; MARKS ALLOWED.
104.24    An individual who is unable to write the individual's name shall be required to sign a
104.25registration card by making the individual's mark application in the manner provided by
104.26section 645.44, subdivision 14. If the individual registers in person and signs by making
104.27a mark, the clerk or election judge accepting the registration shall certify the mark by
104.28signing the individual's name. If the individual registers by mail and signs by making a
104.29mark, the mark shall be certified by having a voter registered in the individual's precinct
104.30sign the individual's name and the voter's own name and give the voter's own address.

104.31    Sec. 5. Minnesota Statutes 2006, section 201.061, subdivision 1, is amended to read:
104.32    Subdivision 1. Prior to election day. At any time except during the 20 days
104.33immediately preceding any regularly scheduled election, an eligible voter or any
105.1individual who will be an eligible voter at the time of the next election may register to
105.2vote in the precinct in which the voter maintains residence by completing a paper voter
105.3registration application as described in section 201.071, subdivision 1, and submitting
105.4it in person or by mail to the county auditor of that county or to the Secretary of State's
105.5Office. If the Web site maintained by the secretary of state provides, an individual who has
105.6a Minnesota driver's license, identification card, or learner's permit may register online.
105.7A registration that is received no later than 5:00 p.m. on the 21st day preceding any
105.8election shall be accepted. An improperly addressed or delivered registration application
105.9shall be forwarded within two working days after receipt to the county auditor of the
105.10county where the voter maintains residence. A state or local agency or an individual that
105.11accepts completed voter registration applications from a voter must submit the completed
105.12applications to the secretary of state or the appropriate county auditor within ten business
105.13days after the applications are dated by the voter.
105.14    For purposes of this section, mail registration is defined as a voter registration
105.15application delivered to the secretary of state, county auditor, or municipal clerk by the
105.16United States Postal Service or a commercial carrier.

105.17    Sec. 6. Minnesota Statutes 2006, section 201.061, is amended by adding a subdivision
105.18to read:
105.19    Subd. 1b. Prohibited methods of compensation; penalty. (a) No individual
105.20may be compensated for the solicitation, collection, or acceptance of voter registration
105.21applications from voters for submission to the secretary of state, a county auditor, or other
105.22local election official in a manner in which payment is calculated by multiplying (1)
105.23either a set or variable payment rate, by (2) the number of voter registration applications
105.24solicited, collected, or accepted.
105.25    (b) No individual may be deprived of compensation or have compensation
105.26automatically reduced exclusively for failure to solicit, collect, or accept a minimum
105.27number of voter registration applications and no individual may receive additional
105.28compensation for reaching or exceeding a minimum number of voter registration
105.29applications.
105.30    (c) A person who violates this subdivision is guilty of a petty misdemeanor.

105.31    Sec. 7. Minnesota Statutes 2006, section 201.061, subdivision 3, is amended to read:
105.32    Subd. 3. Election day registration. (a) The definitions in this paragraph apply
105.33to this subdivision:
106.1    (1) "current utility bill" means a utility bill dated within 30 days before the election
106.2day or due within 30 days before or after the election;
106.3    (2) "photo identification" means identification that displays the name and photo
106.4of an individual and that was issued by:
106.5    (i) another state for use as a driver's license or identification card;
106.6    (ii) a Minnesota college, university, or other postsecondary educational institution or
106.7high school as a student identification card; or
106.8    (iii) a tribal government of a tribe recognized by the Bureau of Indian Affairs, United
106.9States Department of the Interior;
106.10    (3) "residential facility" means transitional housing as defined in section 256E.33,
106.11subdivision 1
; a supervised living facility licensed by the commissioner of health under
106.12section 144.50, subdivision 6; a nursing home as defined in section 144A.01, subdivision
106.135
; a residence registered with the commissioner of health as a housing with services
106.14establishment as defined in section 144D.01, subdivision 4; a veterans home operated by
106.15the board of directors of the Minnesota Veterans Homes under chapter 198; a residence
106.16licensed by the commissioner of human services to provide a residential program as
106.17defined in section 245A.02, subdivision 14; a residential facility for persons with a
106.18developmental disability licensed by the commissioner of human services under section
106.19252.28; group residential housing as defined in section 256I.03, subdivision 3; a shelter
106.20for battered women as defined in section 611A.37, subdivision 4; or a supervised
106.21publicly or privately operated shelter or dwelling designed to provide temporary living
106.22accommodations for the homeless; and
106.23    (4) "utility bill" means a written or electronic bill for gas, electricity, telephone,
106.24wireless telephone, cable television, satellite television, solid waste, water, sewer services,
106.25or an itemized rent statement.
106.26    (b) An individual who is eligible to vote may register on election day by appearing
106.27in person at the polling place for the precinct in which the individual maintains residence,
106.28by completing a registration application, making an oath in the form prescribed by the
106.29secretary of state and providing proof of residence. An individual may prove residence for
106.30purposes of registering by:
106.31    (1) presenting a driver's license or Minnesota identification card issued pursuant
106.32to section 171.07;
106.33    (2) presenting:
106.34    (i) a photo identification; and
106.35    (ii) a current utility bill or lease, showing the individual's name and valid residential
106.36address in the precinct;
107.1    (3) presenting an identification card issued by the tribal government of a tribe
107.2recognized by the Bureau of Indian Affairs, United States Department of the Interior, that
107.3contains the name, address, signature, and picture of the individual;
107.4    (2) (4) presenting any document approved by the secretary of state as proper
107.5identification;
107.6    (3) (5) presenting one of the following:
107.7    (i) a current valid student identification card from a postsecondary educational
107.8institution in Minnesota, if a list of students from that institution has been prepared under
107.9section 135A.17 and certified to the county auditor in the manner provided in rules of
107.10the secretary of state; or
107.11    (ii) a current student fee statement that contains the student's valid address in the
107.12precinct together with a picture photo identification card; or
107.13    (4) (6)(i) having a voter who is registered to vote in the precinct, or who is an
107.14employee employed by and working in a residential facility in the precinct and vouching
107.15for a resident in the facility, sign an oath in the presence of the election judge vouching that
107.16the voter or employee personally knows that the individual is a resident of the precinct. A
107.17voter who has been vouched for on election day may not sign a proof of residence oath
107.18vouching for any other individual on that election day. A voter who is registered to vote
107.19in the precinct may sign up to 15 proof-of-residence oaths on any election day. This
107.20limitation does not apply to an employee of a residential facility described in this clause.
107.21    (ii) The secretary of state shall provide a form for election judges to use in recording
107.22the number of individuals for whom a voter signs proof-of-residence oaths on election
107.23day. The form must include space for the maximum number of individuals for whom a
107.24voter may sign proof-of-residence oaths. For each proof-of-residence oath, the form
107.25must include a statement that the voter is registered to vote in the precinct, personally
107.26knows that the individual is a resident of the precinct, and is making the statement on
107.27oath. The form must include a space for the voter's printed name, signature, telephone
107.28number, and address.
107.29    The oath required by this subdivision and Minnesota Rules, part 8200.9939, must
107.30be attached to the voter registration application and the information on the oath must be
107.31recorded on the records of both the voter registering on election day and the voter who
107.32is vouching for the person's residence, and entered into the statewide voter registration
107.33system by the county auditor when the voter registration application is entered into that
107.34system.
107.35    (b) The operator of a residential facility shall prepare a list of the names of its
107.36employees currently working in the residential facility and the address of the residential
108.1facility. The operator shall certify the list and provide it to the appropriate county auditor
108.2no less than 20 days before each election for use in election day registration.
108.3    (c) "Residential facility" means transitional housing as defined in section 256E.33,
108.4subdivision 1
; a supervised living facility licensed by the commissioner of health under
108.5section 144.50, subdivision 6; a nursing home as defined in section 144A.01, subdivision
108.65
; a residence registered with the commissioner of health as a housing with services
108.7establishment as defined in section 144D.01, subdivision 4; a veterans home operated by
108.8the board of directors of the Minnesota Veterans Homes under chapter 198; a residence
108.9licensed by the commissioner of human services to provide a residential program as
108.10defined in section 245A.02, subdivision 14; a residential facility for persons with a
108.11developmental disability licensed by the commissioner of human services under section
108.12252.28; group residential housing as defined in section 256I.03, subdivision 3; a shelter
108.13for battered women as defined in section 611A.37, subdivision 4; or a supervised
108.14publicly or privately operated shelter or dwelling designed to provide temporary living
108.15accommodations for the homeless.
108.16    (d) For tribal band members, an individual may prove residence for purposes of
108.17registering by:
108.18    (1) presenting an identification card issued by the tribal government of a tribe
108.19recognized by the Bureau of Indian Affairs, United States Department of the Interior, that
108.20contains the name, address, signature, and picture of the individual; or
108.21    (2) presenting an identification card issued by the tribal government of a tribe
108.22recognized by the Bureau of Indian Affairs, United States Department of the Interior, that
108.23contains the name, signature, and picture of the individual and also presenting one of the
108.24documents listed in Minnesota Rules, part 8200.5100, subpart 2, item B.
108.25    (c) An employee of a residential facility must prove employment with that
108.26facility by presenting a current identification card issued by the facility or other official
108.27documentation verifying the employee's current status with the facility on election day to
108.28be eligible to vouch for individuals residing in that facility.
108.29    (e) (d) A county, school district, or municipality may require that an election judge
108.30responsible for election day registration initial each completed registration application.
108.31EFFECTIVE DATE.This section is effective September 1, 2007.

108.32    Sec. 8. Minnesota Statutes 2006, section 201.071, subdivision 1, is amended to read:
108.33    Subdivision 1. Form. A voter registration application must be of suitable size and
108.34weight for mailing and contain spaces for the following required information: voter's first
108.35name, middle name, and last name; voter's previous name, if any; voter's current address;
109.1voter's previous address, if any; voter's date of birth; voter's municipality and county of
109.2residence; voter's telephone number, if provided by the voter; date of registration; current
109.3and valid Minnesota driver's license number or Minnesota state identification number,
109.4or if the voter has no current and valid Minnesota driver's license or Minnesota state
109.5identification, and the last four digits of the voter's Social Security number; and voter's
109.6signature. The registration application may include the voter's e-mail address, if provided
109.7by the voter, and the voter's interest in serving as an election judge, if indicated by the
109.8voter. The application must also contain the following certification of voter eligibility:
109.9    "I certify that I:
109.10    (1) will be at least 18 years old on election day;
109.11    (2) am a citizen of the United States;
109.12    (3) will have resided in Minnesota for 20 days immediately preceding election day;
109.13    (4) maintain residence at the address given on the registration form;
109.14    (5) am not under court-ordered guardianship in which the court order revokes my
109.15right to vote;
109.16    (6) have not been found by a court to be legally incompetent to vote;
109.17    (7) have the right to vote because, if I have been convicted of a felony, my felony
109.18sentence has expired (been completed) or I have been discharged from my sentence; and
109.19    (8) have read and understand the following statement: that giving false information
109.20is a felony punishable by not more than five years imprisonment or a fine of not more
109.21than $10,000, or both."
109.22    The certification must include boxes for the voter to respond to the following
109.23questions:
109.24    "(1) Are you a citizen of the United States?" and
109.25    "(2) Will you be 18 years old on or before election day?"
109.26    And the instruction:
109.27    "If you checked 'no' to either of these questions, do not complete this form."
109.28    The form of the voter registration application and the certification of voter eligibility
109.29must be as provided in this subdivision and approved by the secretary of state. Voter
109.30registration forms authorized by the National Voter Registration Act must also be accepted
109.31as valid. The federal postcard application form must also be accepted as valid if it is not
109.32deficient and the voter is eligible to register in Minnesota.
109.33    An individual may use a voter registration application to apply to register to vote in
109.34Minnesota or to change information on an existing registration.
109.35    A paper voter registration application must include space for the voter's signature
109.36and be of suitable size and weight for mailing.

110.1    Sec. 9. Minnesota Statutes 2006, section 201.091, is amended by adding a subdivision
110.2to read:
110.3    Subd. 5a. Registration verification to registered voter. The secretary of state may
110.4provide for voter registration verification to a registered voter on the secretary of state's
110.5Web site. An individual using the verification service must provide the individual's name,
110.6address, and date of birth when requesting registration verification. If the verification
110.7information provided completely matches an active registration record in the statewide
110.8registration system, the individual must be informed that the individual is a registered
110.9voter and provided with the individual's polling place location. If the verification
110.10information provided does not completely match an active registration record in the
110.11statewide registration system, the individual must be informed that a registration record
110.12at the name and address provided cannot be retrieved and advised to contact the county
110.13auditor or secretary of state for further information.

110.14    Sec. 10. Minnesota Statutes 2006, section 201.091, subdivision 9, is amended to read:
110.15    Subd. 9. Restricted data. A list provided for public inspection or purchase, for
110.16jury selection, or in response to a law enforcement inquiry, must not include a voter's
110.17date of birth or any part of a voter's Social Security number, driver's license number, or
110.18identification card number, military identification card number, or passport number.

110.19    Sec. 11. Minnesota Statutes 2006, section 201.12, is amended to read:
110.20201.12 PROPER REGISTRATION; VERIFICATION BY MAIL;
110.21CHALLENGES.
110.22    Subdivision 1. Notice of registration. To prevent fraudulent voting and to eliminate
110.23excess names, the county auditor may mail to any registered voter a notice stating the
110.24voter's name and address as they appear in the registration files. The notice shall request
110.25the voter to notify the county auditor if there is any mistake in the information.
110.26    Subd. 2. Challenges Moved within state. If the notice is returned as undeliverable
110.27but with a permanent forwarding address in this state, the county auditor shall notify the
110.28auditor of the county where the voter resides. Upon receipt of the notice, the county
110.29auditor shall update the voter's address in the statewide voter registration system and mail
110.30to the voter the notice of registration required by section 201.121, subdivision 2. The
110.31notice must advise the voter that the voter's voting address has been changed and that the
110.32voter must notify the county auditor within 21 days if the new address is not what the
110.33voter intended to be their permanent address.
111.1    Subd. 3. Moved out of state. If the notice is returned as undeliverable but with a
111.2permanent forwarding address outside this state, the county auditor shall promptly mail
111.3to the voter at the forwarding address a notice advising the voter that the voter's voter
111.4registration in this state will be deleted unless the voter notifies the county auditor within
111.521 days that the voter intends to retain the former address as the voter's permanent address.
111.6If the notice is not received by the deadline, the county auditor shall delete the registration.
111.7    Subd. 4. Challenges. Upon return of any nonforwardable mailing from an
111.8election official, the county auditor or the auditor's staff shall ascertain the name and
111.9address of that individual. If the individual is no longer at the address recorded in the
111.10statewide registration system If the notice is returned as undeliverable but with no
111.11forwarding address, the county auditor shall change the registrant's status to "challenged"
111.12in the statewide registration system. An individual challenged in accordance with this
111.13subdivision shall comply with the provisions of section 204C.12, before being allowed to
111.14vote. If a notice mailed at least 60 days after the return of the first nonforwardable mailing
111.15is also returned by the postal service, the county auditor shall change the registrant's status
111.16to "inactive" in the statewide registration system.
111.17EFFECTIVE DATE.This section is effective August 1, 2007.

111.18    Sec. 12. Minnesota Statutes 2006, section 201.13, subdivision 3, is amended to read:
111.19    Subd. 3. Use of change of address system. The county auditor may delete the
111.20records in the statewide registration system of voters whose change of address can be
111.21confirmed by the United States Postal Service. The secretary of state may provide the
111.22county auditors with periodic reports on voters whose change of address can be confirmed
111.23by the United States Postal Service.
111.24    (a) At least once each month the secretary of state shall obtain a list of individuals in
111.25this state who have filed with the United States Postal Service a change of their permanent
111.26address. If an individual is registered as a voter in the statewide voter registration system
111.27and the change is to another address in this state, the secretary of state shall transmit
111.28the registration by electronic means to the county auditor of the county where the voter
111.29resides. Upon receipt of the registration, the county auditor shall update the voter's
111.30address in the statewide voter registration system and mail to the voter the notice of
111.31registration required by section 201.121, subdivision 2. The notice must advise the voter
111.32that the voter's permanent address has been changed and that the voter must notify the
111.33county auditor within 21 days if the new address is not what the voter intended to be the
111.34voter's permanent address.
112.1    (b) If the change of permanent address is to a forwarding address outside this state,
112.2the secretary of state shall notify by electronic means the auditor of the county where the
112.3voter formerly resided that the voter has left the state. The county auditor shall promptly
112.4mail to the voter at the forwarding address a notice advising the voter that the voter's voter
112.5registration in this state will be deleted unless the voter notifies the county auditor within
112.621 days that the voter intends to retain the former address as the voter's permanent address.
112.7If the notice is not received by the deadline, the county auditor shall delete the registration.
112.8EFFECTIVE DATE.This section is effective April 1, 2008.

112.9    Sec. 13. Minnesota Statutes 2006, section 201.161, is amended to read:
112.10201.161 AUTOMATIC REGISTRATION OF DRIVER'S LICENSE,
112.11INSTRUCTION PERMIT, AND IDENTIFICATION CARD APPLICATIONS
112.12APPLICANTS.
112.13    Subdivision 1. Automatic registration. An individual who properly completes
112.14an application for a new or renewed Minnesota driver's license, instruction permit, or
112.15identification card, and who is eligible to vote under section 201.014, must be registered to
112.16vote as provided in this section, unless the applicant declines to be registered.
112.17    Subd. 2. Applications. The Department commissioner of public safety, in
112.18consultation with the secretary of state, shall change its the applications for an original,
112.19duplicate, or change of address driver's license, instruction permit, or identification card so
112.20that the forms may also serve as voter registration applications. The forms must contain
112.21spaces for all information collected by voter registration applications prescribed by the
112.22secretary of state and a box for the applicant to decline to be registered to vote. Applicants
112.23for driver's licenses or identification cards must be asked if they want to register to vote
112.24at the same time and that If the applicant has not declined to be registered to vote, the
112.25commissioner shall transmit the information must be transmitted at least weekly daily by
112.26electronic means to the secretary of state. Pursuant to the Help America Vote Act of 2002,
112.27Public Law 107-252, the computerized driver's license record containing the voter's name,
112.28address, date of birth, citizenship, driver's license number or state identification number,
112.29county, town, and city or town, and signature must be made available for access by the
112.30secretary of state and interaction with the statewide voter registration system.
112.31    Subd. 3. Registration. (a) The secretary of state shall determine whether the
112.32applicant is currently registered in the statewide voter registration system. For each
112.33currently registered voter whose registration is not changed, the secretary of state shall
112.34update the voter's registration date in the statewide voter registration system. For each
113.1currently registered voter whose registration is changed, the secretary of state shall
113.2transmit the registration daily by electronic means to the county auditor of the county
113.3where the voter resides.
113.4    (b) If the applicant is not currently registered in the statewide voter registration
113.5system, the secretary of state shall determine whether the applicant is 18 years of age or
113.6older and a citizen of the United States and compare the voter registration information
113.7received from the commissioner of public safety with the information on wards,
113.8incompetents, and felons received from the state court administrator under sections 201.15
113.9and 201.155, to determine whether the applicant is eligible to vote. If an applicant is
113.10less than 18 years of age, the secretary of state shall wait until the applicant has turned
113.1118 years of age to determine whether the applicant is eligible to vote. For each applicant
113.12the secretary of state determines is an eligible voter, the secretary of state shall transmit
113.13the registration daily by electronic means to the county auditor of the county where the
113.14voter resides.
113.15    Subd. 4. Notice. Upon receipt of the registration, the county auditor shall mail to
113.16the voter the notice of registration required by section 201.121, subdivision 2.
113.17    Subd. 5. Effective date. An application for registration that is dated during the 20
113.18days before an election in any jurisdiction within which the voter resides is not effective
113.19until the day after the election.

113.20    Sec. 14. Minnesota Statutes 2006, section 201.171, is amended to read:
113.21201.171 POSTING VOTING HISTORY; FAILURE TO VOTE;
113.22REGISTRATION REMOVED.
113.23    Within six weeks after every election, the county auditor shall post the voting
113.24history for every person who voted in the election. After the close of the calendar year, the
113.25secretary of state shall determine if any registrants have not voted during the preceding
113.26four six years. The secretary of state shall perform list maintenance by changing the status
113.27of those registrants to "inactive" in the statewide registration system. The list maintenance
113.28performed must be conducted in a manner that ensures that the name of each registered
113.29voter appears in the official list of eligible voters in the statewide registration system.
113.30A voter must not be removed from the official list of eligible voters unless the voter is
113.31not eligible or is not registered to vote. List maintenance must include procedures for
113.32eliminating duplicate names from the official list of eligible voters.
113.33    The secretary of state shall also prepare a report to the county auditor containing the
113.34names of all registrants whose status was changed to "inactive."
114.1    Registrants whose status was changed to "inactive" must register in the manner
114.2specified in section 201.054 before voting in any primary, special primary, general, school
114.3district, or special election, as required by section 201.018.
114.4    Although not counted in an election, a late or rejected absentee or mail ballot must
114.5be considered a vote for the purpose of continuing registration.

114.6    Sec. 15. Minnesota Statutes 2006, section 203B.02, subdivision 1, is amended to read:
114.7    Subdivision 1. Unable to go to polling place Eligibility for absentee voting. (a)
114.8Any eligible voter who reasonably expects to be unable to go to the polling place on
114.9election day in the precinct where the individual maintains residence because of absence
114.10from the precinct; illness, including isolation or quarantine under sections 144.419
114.11to 144.4196 or United States Code, title 42, sections 264 to 272; disability; religious
114.12discipline; observance of a religious holiday; or service as an election judge in another
114.13precinct may vote by absentee ballot as provided in sections 203B.04 to 203B.15.
114.14    (b) If the governor has declared an emergency and filed the declaration with the
114.15secretary of state under section 12.31, and the declaration states that the emergency has
114.16made it difficult for voters to go to the polling place on election day, any voter in a
114.17precinct covered by the declaration may vote by absentee ballot as provided in sections
114.18203B.04 to 203B.15.
114.19EFFECTIVE DATE.This section is effective April 1, 2008.

114.20    Sec. 16. Minnesota Statutes 2006, section 203B.04, subdivision 1, is amended to read:
114.21    Subdivision 1. Application procedures. Except as otherwise allowed by
114.22subdivision 2, an application for absentee ballots for any election may be submitted at
114.23any time not less than one day before the day of that election. The county auditor shall
114.24prepare absentee ballot application forms in the format provided by the secretary of state,
114.25notwithstanding rules on absentee ballot forms, and shall furnish them to any person on
114.26request. By January 1 of each even-numbered year, the secretary of state shall make the
114.27forms to be used available to auditors through electronic means. An application submitted
114.28pursuant to this subdivision shall be in writing and shall be submitted to:
114.29    (a) (1) the county auditor of the county where the applicant maintains residence; or
114.30    (b) (2) the municipal clerk of the municipality, or school district if applicable, where
114.31the applicant maintains residence.
114.32    An application shall be approved if it is timely received, signed and dated by the
114.33applicant, contains the applicant's name and residence and mailing addresses, and states
114.34that the applicant is eligible to vote by absentee ballot for one of the reasons specified in
115.1section 203B.02. The application may contain a request for the voter's date of birth, which
115.2must not be made available for public inspection. An application may be submitted to
115.3the county auditor or municipal clerk by an electronic facsimile device. An application
115.4mailed or returned in person to the county auditor or municipal clerk on behalf of a voter
115.5by a person other than the voter must be deposited in the mail or returned in person to
115.6the county auditor or municipal clerk within ten days after it has been dated by the voter
115.7and no later than six days before the election. The absentee ballot applications or a list of
115.8persons applying for an absentee ballot may not be made available for public inspection
115.9until the close of voting on election day.
115.10    An application under this subdivision may contain an application under subdivision
115.115 to automatically receive an absentee ballot application.
115.12EFFECTIVE DATE.This section is effective April 1, 2008.

115.13    Sec. 17. Minnesota Statutes 2006, section 203B.04, subdivision 6, is amended to read:
115.14    Subd. 6. Ongoing absentee status; termination; rules. (a) An eligible voter
115.15may apply to a county auditor or municipal clerk for status as an ongoing absentee voter
115.16who reasonably expects to meet the requirements of section 203B.02, subdivision 1.
115.17The voter may decline to receive an absentee ballot for one or more elections, provided
115.18the request is received by the county auditor or municipal clerk at least five days before
115.19the deadline in section 204B.35 for delivering ballots for the election to which it applies.
115.20Each applicant must automatically be provided with an absentee ballot application for
115.21each ensuing election, other than an election by mail conducted under section 204B.45,
115.22or as otherwise requested by the voter, and must have the status of ongoing absentee voter
115.23indicated on the voter's registration record.
115.24    (b) Ongoing absentee voter status ends on:
115.25    (1) the voter's written request;
115.26    (2) the voter's death;
115.27    (3) return of an ongoing absentee ballot as undeliverable;
115.28    (4) a change in the voter's status so that the voter is not eligible to vote under section
115.29201.15 or 201.155; or
115.30    (5) placement of the voter's registration on inactive status under section 201.171.
115.31    (c) The secretary of state shall adopt rules governing procedures under this
115.32subdivision.
115.33EFFECTIVE DATE.This section is effective April 1, 2008.

116.1    Sec. 18. Minnesota Statutes 2006, section 203B.06, subdivision 3, is amended to read:
116.2    Subd. 3. Delivery of ballots. (a) If an application for absentee ballots is accepted
116.3at a time when absentee ballots are not yet available for distribution, the county auditor,
116.4or municipal clerk accepting the application shall file it and as soon as absentee ballots
116.5are available for distribution shall mail them to the address specified in the application.
116.6If an application for absentee ballots is accepted when absentee ballots are available for
116.7distribution, the county auditor or municipal clerk accepting the application shall promptly:
116.8    (1) mail the ballots to the voter whose signature appears on the application if the
116.9application is submitted by mail and does not request commercial shipping under clause
116.10(2);
116.11    (2) ship the ballots to the voter using a commercial shipper requested by the voter at
116.12the voter's expense;
116.13    (3) deliver the absentee ballots directly to the voter if the application is submitted in
116.14person; or
116.15    (4) deliver the absentee ballots in a sealed transmittal envelope to an agent who has
116.16been designated to bring the ballots, as provided in section 203B.11, subdivision 4, to a
116.17voter who is would have difficulty getting to the polls because of health reasons, or who is
116.18disabled, a patient in a health care facility, as provided in section 203B.11, subdivision
116.194
, a resident of a facility providing assisted living services governed by chapter 144G, a
116.20participant in a residential program for adults licensed under section 245A.02, subdivision
116.2114
, or a resident of a shelter for battered women as defined in section 611A.37, subdivision
116.224
.
116.23    (b) If an application does not indicate the election for which absentee ballots are
116.24sought, the county auditor or municipal clerk shall mail or deliver only the ballots for
116.25the next election occurring after receipt of the application. Only one set of ballots may
116.26be mailed, shipped, or delivered to an applicant for any election, except as provided in
116.27section 203B.13, subdivision 2, or when a replacement ballot has been requested by the
116.28voter for a ballot that has been spoiled or lost in transit.
116.29EFFECTIVE DATE.This section is effective August 1, 2007.

116.30    Sec. 19. Minnesota Statutes 2006, section 203B.07, subdivision 2, is amended to read:
116.31    Subd. 2. Design of envelopes. The return envelope shall be of sufficient size
116.32to conveniently enclose and contain the ballot envelope and a voter registration card
116.33application folded along its perforations. The return envelope shall be designed to open
116.34on the left-hand end. Notwithstanding any rule to the contrary, the return envelope must
116.35be designed in one of the following ways:
117.1    (1) it must be of sufficient size to contain an additional envelope that when sealed,
117.2conceals the signature, identification, and other information; or
117.3    (2) it must provide an additional flap that when sealed, conceals the signature,
117.4identification, and other information. Election officials may open the flap or the additional
117.5envelope at any time after receiving the returned ballot to inspect the returned certificate
117.6for completeness or to ascertain other information. A certificate of eligibility to vote by
117.7absentee ballot shall be printed on the back of the envelope. The certificate shall contain
117.8a statement to be signed and sworn by the voter indicating that the voter meets all of
117.9the requirements established by law for voting by absentee ballot. If the voter was not
117.10previously registered, the certificate shall also contain a statement signed by a person who
117.11is registered to vote in Minnesota or by a notary public or other individual authorized
117.12to administer oaths stating that:
117.13    (a) (i) the ballots were displayed to that individual unmarked;
117.14    (b) (ii) the voter marked the ballots in that individual's presence without showing
117.15how they were marked, or, if the voter was physically unable to mark them, that the voter
117.16directed another individual to mark them; and
117.17    (c) if the voter was not previously registered, (iii) the voter has provided proof of
117.18residence as required by section 201.061, subdivision 3.
117.19    The county auditor or municipal clerk shall affix first class postage to the return
117.20envelopes.
117.21EFFECTIVE DATE.This section is effective April 1, 2008.

117.22    Sec. 20. Minnesota Statutes 2006, section 203B.081, is amended to read:
117.23203B.081 LOCATIONS FOR ABSENTEE VOTING IN PERSON.
117.24    An eligible voter may vote by absentee ballot during the 30 days before the election
117.25in the office of the county auditor and at any other polling place designated by the county
117.26auditor. The county auditor shall make such designations at least 90 days before the
117.27election. At least one voting booth and at least one electronic ballot marker in each polling
117.28place must be made available by the county auditor for this purpose.

117.29    Sec. 21. Minnesota Statutes 2006, section 203B.11, subdivision 4, is amended to read:
117.30    Subd. 4. Agent delivery of ballots. During the four seven days preceding an
117.31election and until 2:00 p.m. on election day, an eligible voter who is would have difficulty
117.32getting to the polls because of health reasons, or who is disabled, a patient of a health care
117.33facility, a resident of a facility providing assisted living services governed by chapter
118.1144G, a participant in a residential program for adults licensed under section 245A.02,
118.2subdivision 14, or a resident of a shelter for battered women as defined in section 611A.37,
118.3subdivision 4, may designate an agent to deliver the ballots to the voter from the county
118.4auditor or municipal clerk. A candidate at the election may not be designated as an agent.
118.5The voted ballots must be returned to the county auditor or municipal clerk no later than
118.63:00 p.m. on election day. The voter must complete an affidavit requesting the auditor or
118.7clerk to provide the agent with the ballots in a sealed transmittal envelope. The affidavit
118.8must include a statement from the voter stating that the ballots were delivered to the voter
118.9by the agent in the sealed transmittal envelope. An agent may deliver ballots to no more
118.10than three persons in any election. The secretary of state shall provide samples of the
118.11affidavit and transmission envelope for use by the county auditors.
118.12EFFECTIVE DATE.This section is effective August 1, 2007.

118.13    Sec. 22. Minnesota Statutes 2006, section 203B.12, subdivision 4, is amended to read:
118.14    Subd. 4. Placement in container; opening and counting of ballots. The ballot
118.15envelopes from return envelopes marked "Accepted" shall be placed by the election
118.16judges in a separate absentee ballot container. The container and each ballot envelope may
118.17be opened only after the last regular mail delivery by the United States postal service
118.18noon on election day. The ballots shall then be initialed by the election judges in the
118.19same manner as ballots delivered by them to voters in person and shall be deposited in
118.20the appropriate ballot box.
118.21    If more than one ballot of any kind is enclosed in the ballot envelope, none of the
118.22ballots of that kind shall be counted but all ballots of that kind shall be returned in the
118.23manner provided by section 204C.25 for return of spoiled ballots.

118.24    Sec. 23. Minnesota Statutes 2006, section 203B.13, subdivision 1, is amended to read:
118.25    Subdivision 1. Establishment. The governing body of any county that has
118.26established a counting center as provided in section 206.85, subdivision 2, any
118.27municipality, or any school district may by ordinance or resolution, authorize an absentee
118.28ballot board. The board shall consist of a sufficient number of election judges appointed as
118.29provided in sections 204B.19 to 204B.22.

118.30    Sec. 24. Minnesota Statutes 2006, section 203B.13, subdivision 2, is amended to read:
118.31    Subd. 2. Duties. The absentee ballot board may do any of the following:
118.32    (a) receive from each precinct in the municipality or school district all ballot
118.33envelopes marked "Accepted" by the election judges; provided that the governing body of
119.1a municipality or the school board of a school district may authorize the board to examine
119.2all return absentee ballot envelopes and receive accept or reject absentee ballots in the
119.3manner provided in section 203B.12;.
119.4    (b) open and count the absentee ballots, tabulating the vote in a manner that indicates
119.5each vote of the absentee voter and the total absentee vote cast for each candidate or
119.6question in each precinct; or
119.7    (c) report the vote totals tabulated for each precinct.
119.8    The absentee ballot board may begin the process of examining the return envelopes
119.9and marking them "accepted" or "rejected" at any time during the 30 days before the
119.10election. If an envelope has been rejected at least five days before the election, the
119.11ballots in the envelope must be considered spoiled ballots and the official in charge of the
119.12absentee ballot board shall provide the voter with a replacement absentee ballot and return
119.13envelope in place of the spoiled ballot. The secretary of state shall provide samples of the
119.14replacement ballot and return envelope for use by the county auditor.

119.15    Sec. 25. Minnesota Statutes 2006, section 203B.16, subdivision 2, is amended to read:
119.16    Subd. 2. Permanent residence outside United States. Sections 203B.16 to
119.17203B.27 provide the exclusive voting procedure for United States citizens who are
119.18living permanently outside the territorial limits of the United States who meet all the
119.19qualifications of an eligible voter except residence in Minnesota, but who are authorized
119.20by federal law to vote in Minnesota because they maintained residence in Minnesota for
119.21at least 20 days immediately prior to their departure from the United States or because,
119.22although they have never resided in the United States, they have a parent who is eligible to
119.23vote in Minnesota. Individuals described in this subdivision shall be permitted to vote
119.24only for the offices of president, vice-president, senator in Congress, and representative in
119.25Congress.
119.26EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.

119.27    Sec. 26. Minnesota Statutes 2006, section 203B.17, subdivision 2, is amended to read:
119.28    Subd. 2. Required information. An application shall be accepted if it contains the
119.29following information stated under oath:
119.30    (a) the voter's name, birthdate, and present address of residence in Minnesota, or
119.31former address of residence in Minnesota if the voter is living permanently outside the
119.32United States;
119.33    (b) a statement indicating that the voter is in the military, or is the spouse or
119.34dependent of an individual serving in the military, or is temporarily outside the territorial
120.1limits of the United States, or is living permanently outside the territorial limits of the
120.2United States and voting under federal law;
120.3    (c) a statement that the voter expects to be absent from the precinct at the time
120.4of the election;
120.5    (d) the address to which absentee ballots are to be mailed;
120.6    (e) the voter's signature or the signature and relationship of the individual authorized
120.7to apply on the voter's behalf; and
120.8    (f) the voter's military identification card number, passport number, or Minnesota
120.9driver's license or state identification card number,; if the voter does not have a valid
120.10passport or identification card, the signed statement of an individual authorized to
120.11administer oaths or a commissioned or noncommissioned officer of the military not
120.12below the rank of sergeant or its equivalent, certifying that the voter or other individual
120.13requesting absentee ballots has attested to the truthfulness of the contents of the application
120.14under oath.
120.15    The oath taken must be the standard oath prescribed by section 101(b)(7) of the
120.16Uniformed and Overseas Citizens Absentee Voting Act.
120.17    A form for providing this information shall be prepared by each county auditor and
120.18shall be furnished to individuals who request it pursuant to this section. access to any of
120.19these documents, the voter may attest to the truthfulness of the contents of the application
120.20under penalty of perjury.
120.21EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.

120.22    Sec. 27. Minnesota Statutes 2006, section 203B.21, subdivision 2, is amended to read:
120.23    Subd. 2. Mailing of ballots; return. Ballots and instructions for marking them,
120.24ballot envelopes, and return envelopes shall be sent by first class mail to addresses within
120.25the continental United States and by air mail to addresses outside the continental United
120.26States, unless the voter requests to have the ballot, instructions, and certificate of voter
120.27eligibility sent electronically, as provided for by section 203B.225. The ballot envelope
120.28and return envelope shall be marked "Official Ballot," and shall contain sufficient postage
120.29to assure proper return delivery. The return envelope shall be addressed to comply with any
120.30method for return of absentee ballots as authorized under section 203B.08, subdivision 2.
120.31EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.

120.32    Sec. 28. Minnesota Statutes 2006, section 203B.21, subdivision 3, is amended to read:
121.1    Subd. 3. Back of return envelope. On the back of the return envelope an affidavit
121.2form shall appear with space for:
121.3    (a) the voter's address of present or former residence in Minnesota;
121.4    (b) a statement indicating the category described in section 203B.16 to which the
121.5voter belongs;
121.6    (c) a statement that the voter has not cast and will not cast another absentee ballot
121.7in the same election or elections;
121.8    (d) a statement that the voter personally marked the ballots without showing them to
121.9anyone, or if physically unable to mark them, that the voter directed another individual
121.10to mark them; and
121.11    (e) the same voter's military identification card number, passport number, or
121.12Minnesota driver's license or state identification card number as provided on the absentee
121.13ballot application,; if the voter does not have a valid passport or identification card,
121.14the signature and certification of an individual authorized to administer oaths under
121.15federal law or the law of the place where the oath was administered or commissioned or
121.16noncommissioned personnel of the military not below the rank of sergeant or its equivalent
121.17access to any of these documents, the voter may attest to the truthfulness of the contents of
121.18the application under penalty of perjury.
121.19    The affidavit shall also contain a signed and dated oath in the form required by
121.20section 705 of the Help America Vote Act, Public Law 107-252, which must read:
121.21    "I swear or affirm, under penalty of perjury, that:
121.22    I am a member of the uniformed services or merchant marine on active duty or
121.23an eligible spouse or dependent of such a member; a United States citizen temporarily
121.24residing outside the United States; or other United States citizen residing outside the
121.25United States; and I am a United States citizen, at least 18 years of age (or will be by the
121.26date of the election), and I am eligible to vote in the requested jurisdiction; I have not
121.27been convicted of a felony, or other disqualifying offense, or been adjudicated mentally
121.28incompetent, or, if so, my voting rights have been reinstated; and I am not registering,
121.29requesting a ballot, or voting in any other jurisdiction in the United States except the
121.30jurisdiction cited in this voting form. In voting, I have marked and sealed my ballot in
121.31private and have not allowed any person to observe the marking of the ballot, except for
121.32those authorized to assist voters under state or federal law. I have not been influenced.
121.33    My signature and date below indicate when I completed this document.
121.34    The information on this form is true, accurate, and complete to the best of my
121.35knowledge. I understand that a material misstatement of fact in completion of this
121.36document may constitute grounds for a conviction for perjury."
122.1EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.

122.2    Sec. 29. Minnesota Statutes 2006, section 203B.22, is amended to read:
122.3203B.22 MAILING BALLOTS.
122.4    The county auditor shall mail the appropriate ballots, as promptly as possible, to an
122.5absent voter whose application has been recorded under section 203B.19. If the county
122.6auditor determines that a voter is not eligible to vote at the primary but will be eligible to
122.7vote at the general election, only general election ballots shall be mailed. Only one set of
122.8ballots shall be mailed to any applicant for any election, except that the county auditor
122.9may mail a replacement ballot to a voter whose ballot has been spoiled or lost in transit
122.10or whose mailing address has changed after the date on which the original application
122.11was submitted as confirmed by the county auditor. Ballots to be sent outside the United
122.12States shall be given priority in mailing. A county auditor may make use of any special
122.13service provided by the United States government for the mailing of voting materials
122.14under sections 203B.16 to 203B.27.
122.15EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.

122.16    Sec. 30. [203B.225] TRANSMITTING AND RETURNING BALLOTS.
122.17    Subdivision 1. Transmitting ballot and voter certification. Upon receipt of a
122.18properly completed application, the county auditor may electronically transmit to the voter
122.19the appropriate ballots, instructions, and affidavit form and certification of voter eligibility
122.20provided in section 203B.21, subdivision 3.
122.21    Subd. 2. Returning voted ballots. The voter must return the voted ballots and the
122.22certificate of voter eligibility to the county auditor in a sealed envelope. Upon receipt
122.23of a ballot, the county auditor must immediately compare the information provided on
122.24the absentee ballot application with the information provided on the certificate of voter
122.25eligibility. After the information on the certificate of voter eligibility has been verified,
122.26the certificate must be attached to the ballot secrecy envelope and placed with the other
122.27absentee ballots for the precinct in which the voter resides.
122.28    Subd. 3. Rejecting transmitted ballots. If the county auditor cannot verify that the
122.29ballots were returned by the same person to whom the absentee ballot application was
122.30transmitted, the ballots must be rejected and no votes on the ballots may be counted.
122.31EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.

122.32    Sec. 31. [203B.227] WRITE-IN ABSENTEE BALLOT.
123.1    An eligible voter who will be outside the territorial limits of the United States during
123.2the 180 days prior to the state general election may use the federal write-in absentee ballot
123.3to vote in any federal, state, or local election.
123.4EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.

123.5    Sec. 32. Minnesota Statutes 2006, section 203B.24, subdivision 1, is amended to read:
123.6    Subdivision 1. Check of voter eligibility; proper execution of affidavit. Upon
123.7receipt of an absentee ballot returned as provided in sections 203B.16 to 203B.27, the
123.8election judges shall compare the voter's name with the names appearing on their copy of
123.9the application records to insure that the ballot is from a voter eligible to cast an absentee
123.10ballot under sections 203B.16 to 203B.27. The election judges shall mark the return
123.11envelope "Accepted" and initial or sign the return envelope below the word "Accepted" if
123.12the election judges are satisfied that:
123.13    (1) the voter's name on the return envelope appears in substantially the same form as
123.14on the application records provided to the election judges by the county auditor;
123.15    (2) the voter has signed the federal oath prescribed pursuant to section 705(b)(2) of
123.16the Help America Vote Act, Public Law 107-252;
123.17    (3) the voter has set forth the same voter's military identification number or, passport
123.18number, or, if those numbers do not appear, a person authorized to administer oaths under
123.19federal law or the law of the place where the oath was administered or a witness who is
123.20military personnel with a rank at or above the rank of sergeant or its equivalent has signed
123.21the ballot Minnesota driver's license or state identification card number as submitted on
123.22the application, if the voter has one of these documents; and
123.23    (4) the voter has not already voted at that election, either in person or by absentee
123.24ballot.
123.25    An absentee ballot case pursuant to sections 203B.16 to 203B.27 may only be
123.26rejected for the lack of one of clauses (1) to (4). In particular, failure to place the ballot
123.27within the security envelope before placing it in the outer white envelope is not a reason to
123.28reject an absentee ballot.
123.29    Election judges must note the reason for rejection on the back of the envelope in the
123.30space provided for that purpose.
123.31    Failure to return unused ballots shall not invalidate a marked ballot, but a ballot
123.32shall not be counted if the affidavit on the return envelope is not properly executed. In
123.33all other respects the provisions of the Minnesota Election Law governing deposit and
123.34counting of ballots shall apply.
124.1EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.

124.2    Sec. 33. [203B.28] EMERGENCY POWERS.
124.3    (a) If the governor has declared an emergency and filed the declaration with the
124.4secretary of state under section 12.31, or if a natural disaster or armed conflict involving
124.5the United States Armed Forces, or mobilization of those forces, including National Guard
124.6and reserve components of this state, makes substantial compliance with the Uniformed
124.7and Overseas Citizens Absentee Voting Act impossible or unreasonable, the secretary of
124.8state may prescribe, by emergency orders, special procedures or requirements necessary to
124.9facilitate absentee voting by those citizens directly affected who otherwise are eligible
124.10to vote in this state.
124.11    (b) The secretary of state shall adopt rules describing the emergency powers and the
124.12situations in which the powers must be exercised.
124.13EFFECTIVE DATE.Paragraph (a) is effective for elections held after April 1,
124.142008. Paragraph (b) is effective the day following final enactment.

124.15    Sec. 34. Minnesota Statutes 2006, section 204B.06, subdivision 1, is amended to read:
124.16    Subdivision 1. Form of affidavit. An affidavit of candidacy shall state the name of
124.17the office sought and, except as provided in subdivision 4, shall state that the candidate:
124.18    (1) is an eligible voter;
124.19    (2) has no other affidavit on file as a candidate for any office at the same primary
124.20or next ensuing general election, except that a candidate for soil and water conservation
124.21district supervisor in a district not located in whole or in part in Anoka, Hennepin,
124.22Ramsey, or Washington County, may also have on file an affidavit of candidacy for
124.23mayor or council member of a statutory or home rule charter city of not more than 2,500
124.24population contained in whole or in part in the soil and water conservation district or for
124.25town supervisor in a town of not more than 2,500 population contained in whole or in part
124.26in the soil and water conservation district; and
124.27    (3) is, or will be on assuming the office, 21 years of age or more, and will have
124.28maintained residence in the district from which the candidate seeks election for 30 days
124.29before the general election.
124.30    An affidavit of candidacy must include a statement that the candidate's name as
124.31written on the affidavit for ballot designation is the candidate's true name or the name by
124.32which the candidate is commonly and generally known in the community.
124.33    An affidavit of candidacy for partisan office shall also state the name of the
124.34candidate's political party or political principle, stated in three words or less. Except as
125.1provided in section 204B.09, subdivision 1a, the affidavit of candidacy must include an
125.2original signature of the candidate.

125.3    Sec. 35. Minnesota Statutes 2006, section 204B.09, subdivision 1, is amended to read:
125.4    Subdivision 1. Candidates in state and county general elections. (a) Except as
125.5otherwise provided by this subdivision, affidavits of candidacy and nominating petitions
125.6for county, state, and federal offices filled at the state general election shall be filed not
125.7more than 70 days nor less than 56 days before the state primary. The affidavit may
125.8be prepared and signed at any time between 60 days before the filing period opens and
125.9the last day of the filing period.
125.10    (b) Notwithstanding other law to the contrary, the affidavit of candidacy must be
125.11signed in the presence of a notarial officer or an individual authorized to administer oaths
125.12under section 358.10.
125.13    (c) This provision does not apply to candidates for presidential elector nominated
125.14by major political parties. Major party candidates for presidential elector are certified
125.15under section 208.03. Other candidates for presidential electors may file petitions on or
125.16before the state primary day pursuant to section 204B.07, but no earlier than 70 days
125.17before the state primary
. Nominating petitions to fill vacancies in nominations shall be
125.18filed as provided in section 204B.13. No affidavit or petition shall be accepted later than
125.195:00 p.m. on the last day for filing.
125.20    (d) Affidavits and petitions for county offices to be voted on in only one county shall
125.21must be filed with the county auditor of that county. Affidavits and petitions for federal
125.22offices to be voted on in more than one county shall must be filed with the secretary of
125.23state. Affidavits and petitions for state offices must be filed with the secretary of state or
125.24with the county auditor of the county in which the candidate resides.

125.25    Sec. 36. Minnesota Statutes 2006, section 204B.09, subdivision 1a, is amended to read:
125.26    Subd. 1a. Absent candidates. (a) A candidate for special district, county, state,
125.27or federal office who will be absent from the state during the filing period may submit
125.28a properly executed affidavit of candidacy, the appropriate filing fee, and any necessary
125.29petitions in person to the filing officer. The candidate shall state in writing the reason for
125.30being unable to submit the affidavit during the filing period. The affidavit, filing fee,
125.31and petitions must be submitted to the filing officer during the seven days immediately
125.32preceding the candidate's absence from the state. Nominating petitions may be signed
125.33during the 14 days immediately preceding the date when the affidavit of candidacy is filed.
126.1    (b) In extraordinary circumstances beyond the candidate's control that prevent
126.2the candidate from filing an affidavit of candidacy authenticated by the candidate's
126.3handwritten or other signature meeting the requirements of section 645.44, subdivision 14,
126.4the affidavit of candidacy may be filed electronically with the secretary of state along with
126.5a written statement of the extraordinary circumstances. The affidavit and statement may be
126.6authenticated either by the electronic facsimile signature of the candidate, by an electronic
126.7signature consisting of a password assigned by the secretary of state, or by another form of
126.8electronic signature approved by the secretary of state. The secretary of state may adopt
126.9rules governing the electronic filing of an affidavit of candidacy under this paragraph.

126.10    Sec. 37. Minnesota Statutes 2006, section 204B.09, subdivision 3, is amended to read:
126.11    Subd. 3. Write-in candidates. (a) A candidate for county, state, or federal office
126.12who wants write-in votes for the candidate to be counted must file a written request with
126.13the filing office for the office sought no later than the fifth seventh day before the general
126.14election. The filing officer shall provide copies of the form to make the request.
126.15    (b) A candidate for president of the United States who files a request under this
126.16subdivision must include the name of a candidate for vice-president of the United States.
126.17The request must also include the name of at least one candidate for presidential elector.
126.18The total number of names of candidates for presidential elector on the request may not
126.19exceed the total number of electoral votes to be cast by Minnesota in the presidential
126.20election.
126.21    (c) A candidate for governor who files a request under this subdivision must include
126.22the name of a candidate for lieutenant governor.

126.23    Sec. 38. Minnesota Statutes 2006, section 204B.11, subdivision 2, is amended to read:
126.24    Subd. 2. Petition in place of filing fee. At the time of filing an affidavit of
126.25candidacy, a candidate may present a petition in place of the filing fee. The petition may be
126.26circulated from the date of precinct caucuses to the end of the period for filing affidavits of
126.27candidacy. The petition may be signed by any individual eligible to vote for the candidate.
126.28A nominating petition filed pursuant to section 204B.07 or 204B.13, subdivision 4, is
126.29effective as a petition in place of a filing fee if the nominating petition includes a prominent
126.30statement informing the signers of the petition that it will be used for that purpose.
126.31    The number of signatures on a petition in place of a filing fee shall be as follows:
126.32    (a) for a state office voted on statewide, or for president of the United States, or
126.33United States senator, 2,000;
126.34    (b) for a congressional office, 1,000;
127.1    (c) for a county or legislative office, or for the office of district judge, 500; and
127.2    (d) for any other office which requires a filing fee as prescribed by law, municipal
127.3charter, or ordinance, the lesser of 500 signatures or five percent of the total number of
127.4votes cast in the municipality, ward, or other election district at the preceding general
127.5election at which that office was on the ballot.
127.6    An official with whom petitions are filed shall make sample forms for petitions in
127.7place of filing fees available upon request.

127.8    Sec. 39. Minnesota Statutes 2006, section 204B.16, subdivision 1, is amended to read:
127.9    Subdivision 1. Authority; location. The governing body of each municipality and
127.10of each county with precincts in unorganized territory shall designate by ordinance or
127.11resolution a polling place for each election precinct. Polling places must be designated
127.12and ballots must be distributed so that no one is required to go to more than one polling
127.13place to vote in a school district and municipal election held on the same day. The polling
127.14place for a precinct in a city or in a school district located in whole or in part in the
127.15metropolitan area defined by section 200.02, subdivision 24, shall be located within the
127.16boundaries of the precinct or within 3,000 feet one mile of one of those boundaries unless
127.17a single polling place is designated for a city pursuant to section 204B.14, subdivision
127.182
, or a school district pursuant to section 205A.11. The polling place for a precinct in
127.19unorganized territory may be located outside the precinct at a place which is convenient to
127.20the voters of the precinct. If no suitable place is available within a town or within a school
127.21district located outside the metropolitan area defined by section 200.02, subdivision 24,
127.22then the polling place for a town or school district may be located outside the town or
127.23school district within five miles of one of the boundaries of the town or school district.

127.24    Sec. 40. Minnesota Statutes 2006, section 204B.21, subdivision 2, is amended to read:
127.25    Subd. 2. Appointing authority; powers and duties. Election judges for precincts
127.26in a municipality shall be appointed by the governing body of the municipality. Election
127.27judges for precincts in unorganized territory and for performing election-related duties
127.28assigned by the county auditor shall be appointed by the county board. Election judges for
127.29a precinct composed of two or more municipalities must be appointed by the governing
127.30body of the municipality or municipalities responsible for appointing election judges as
127.31provided in the agreement to combine for election purposes. Appointments shall may be
127.32made from lists furnished pursuant to subdivision 1 subject to the eligibility requirements
127.33and other qualifications established or authorized under section 204B.19. At least two
127.34election judges in each precinct must be affiliated with different major political parties. If
128.1no lists have been furnished or if additional election judges are required after all listed
128.2names have been exhausted, the appointing authority may appoint any other individual to
128.3serve as an election judge subject to the same requirements and qualifications individuals
128.4who meet the qualifications to serve as an election judge, including persons who are not
128.5affiliated with a major political party. The appointments shall be made at least 25 days
128.6before the election at which the election judges will serve.

128.7    Sec. 41. Minnesota Statutes 2006, section 204B.21, is amended by adding a
128.8subdivision to read:
128.9    Subd. 2a. Town elections. The provisions of this section and sections 204B.19,
128.10subdivision 5; 204C.15; 204C.19; 206.83; and 206.86, subdivision 2, relating to party
128.11balance in the appointment of judges and to duties to be performed by judges of different
128.12major political parties do not apply to town elections not held in conjunction with a
128.13statewide election.

128.14    Sec. 42. [204B.445] VOTER COMPLAINT AND RESOLUTION PROCESS.
128.15    Subdivision 1. Scope. An eligible voter may file a complaint to seek the resolution
128.16of any of the following conditions that have occurred or are about to occur:
128.17    (1) voter records in the statewide registration system are not maintained by the
128.18secretary of state or a county auditor in the manner provided in chapter 201;
128.19    (2) voters are unable to register to vote in the manner provided by section 201.061;
128.20    (3) a voting system, including an electronic ballot marker, meeting the requirements
128.21of section 206.80 is not available for use by voters either casting an absentee ballot in
128.22person at the locations designated by the county auditor or local election official, or for
128.23voting at any polling place on election day; or
128.24    (4) the secretary of state, county auditor, or local election official has failed, is
128.25failing, or is about to fail to carry out a duty required by Title III of the Help America
128.26Vote Act of 2002.
128.27    A complaint against a municipal or school district clerk must be filed with the county
128.28auditor of the county in which the action has occurred or is about to occur. A complaint
128.29against a county auditor must be filed with the secretary of state. A complaint against the
128.30secretary of state must be filed with the Office of Administrative Hearings. The secretary
128.31of state shall provide a standard form for a complaint under this section. The form must
128.32provide space for the complainant to specify the legal basis for the complaint. The
128.33proceedings authorized by this section are not subject to the requirements of chapter 14.
129.1    Subd. 2. Notice of complaint. The official with whom the complaint is filed must,
129.2within seven days after the complaint was filed, provide written notice of the complaint,
129.3including a copy of the complaint, to the official against whom the complaint has been
129.4made.
129.5    Subd. 3. Response. Within 14 days after the notice of complaint is received, the
129.6official complained against must respond in writing to the complainant and state the
129.7manner in which the respondent proposes to resolve the complaint.
129.8    Subd. 4. Hearing. If the complainant believes the response does not resolve the
129.9complaint, the complainant may file, with the official with whom the complaint was filed,
129.10a request for a hearing. The request must state the objection to the response and propose
129.11to resolve the complaint in a way that is consistent with the Minnesota Election Law. If
129.12the complainant makes a request for hearing, a hearing must take place. The official with
129.13whom the complaint was filed must rule on the complaint within 14 days after the hearing.
129.14    Subd. 5. Timeline. A ruling on a complaint must be made no more than 90 days
129.15after the complaint is filed. If the official with whom the complaint was filed fails to
129.16make that ruling within 90 days after the complaint was filed, that official must provide
129.17alternative dispute resolution for the disposition of the complaint. The alternative dispute
129.18resolution process must be completed within 60 days of its commencement.
129.19    Subd. 6. Appeal. No later than 30 days after the ruling, the complainant may appeal
129.20the ruling. If the complaint was filed against a municipal clerk, school district clerk, or
129.21county auditor, the appeal must be filed with the secretary of state. If the complaint was
129.22filed against the secretary of state, the appeal must be filed with the Ramsey County
129.23District Court. The appeal must be heard within 14 days. Upon hearing the appeal, the
129.24secretary of state or district court may affirm, reverse, or modify the ruling and give
129.25appropriate instructions, as needed, to the secretary of state, county auditor, or local
129.26election official to resolve the complaint.
129.27    Subd. 7. Remedies; notice. If the official rules that there has been a violation of
129.28Title III of the Help America Vote Act of 2002, the official must provide an appropriate
129.29remedy. If the official rules that there has not been a violation, the complaint must be
129.30dismissed and the results of the process published by the official.
129.31EFFECTIVE DATE.This section is effective January 1, 2008.

129.32    Sec. 43. Minnesota Statutes 2006, section 204B.45, subdivision 2, is amended to read:
129.33    Subd. 2. Procedure. Notice of the election and the special mail procedure must be
129.34given at least six weeks prior to the election. No earlier Not more than 20 30 days or nor
129.35later than 14 days prior to the election, the auditor shall mail ballots by nonforwardable
130.1mail to all voters registered in the town or unorganized territory. No later than 14 days
130.2before the election, the auditor must make a subsequent mailing of ballots to those voters
130.3who register to vote after the initial mailing but before the 20th day before the election.
130.4Eligible voters not registered at the time the ballots are mailed may apply for ballots as
130.5provided in chapter 203B. Ballot return envelopes, with return postage provided, must be
130.6preaddressed to the auditor or clerk and the voter may return the ballot by mail or in person
130.7to the office of the auditor or clerk. The auditor or clerk may appoint election judges to
130.8examine the return envelopes and mark them "accepted" or "rejected" during the 30 days
130.9before the election. If an envelope has been rejected at least five days before the election,
130.10the ballots in the envelope must be considered spoiled ballots and the auditor or clerk shall
130.11provide the voter with a replacement ballot and return envelope in place of the spoiled
130.12ballot. The costs of the mailing shall be paid by the election jurisdiction in which the voter
130.13resides. Any ballot received by 8:00 p.m. on the day of the election must be counted.

130.14    Sec. 44. Minnesota Statutes 2006, section 204C.06, subdivision 1, is amended to read:
130.15    Subdivision 1. Lingering near polling place. An individual shall be allowed to go
130.16to and from the polling place for the purpose of voting without unlawful interference. No
130.17one except an election official or an individual who is waiting to register or to vote shall
130.18stand within 100 feet of the entrance to a polling place. The entrance to a polling place
130.19is the doorway or point of entry leading into the room or area where voting is occurring
130.20building in which a polling place is located.

130.21    Sec. 45. Minnesota Statutes 2006, section 204C.07, subdivision 3a, is amended to read:
130.22    Subd. 3a. Residence requirement. A challenger must be a resident of this state.
130.23Appointed challengers seeking admission to a polling place to serve in that capacity must
130.24prove their status as a resident of this state by presenting one of the documents listed in
130.25section 201.061, subdivision 3, paragraph (b), clauses (1) to (4). Challengers need not
130.26prove residence in the precinct in which they seek to act as a challenger.
130.27EFFECTIVE DATE.This section is effective September 1, 2007.

130.28    Sec. 46. Minnesota Statutes 2006, section 204C.07, is amended by adding a
130.29subdivision to read:
130.30    Subd. 3b. Oath to obey the law. A challenger must state under oath that the
130.31challenger understands and will abide by the laws and rules governing challengers as
130.32described in this section and in section 204C.12 and governing challenges to voters as
130.33described in section 204C.12.
131.1EFFECTIVE DATE.This section is effective September 1, 2007.

131.2    Sec. 47. Minnesota Statutes 2006, section 205.10, is amended by adding a subdivision
131.3to read:
131.4    Subd. 6. Cancellation. A special election ordered by the governing body of the
131.5municipality on its own motion under subdivision 1 may be canceled by motion of the
131.6governing body, but not less than 46 days before the election.

131.7    Sec. 48. Minnesota Statutes 2006, section 205.13, is amended by adding a subdivision
131.8to read:
131.9    Subd. 7. Write-in candidates. A candidate for a city office who wants write-in
131.10votes for the candidate to be counted must file a written request with the filing officer for
131.11the office sought no later than the seventh day before the general election. The filing
131.12officer must provide copies of the form to make the request.

131.13    Sec. 49. Minnesota Statutes 2006, section 205.16, subdivision 3, is amended to read:
131.14    Subd. 3. Sample ballot, posting. For every municipal election, the municipal clerk
131.15shall at least four days two weeks before the election post prepare a sample ballot for each
131.16precinct in the municipality, make them available for public inspection in the clerk's office
131.17for public inspection, and post a sample ballot in each polling place on election day.

131.18    Sec. 50. Minnesota Statutes 2006, section 205.16, subdivision 4, is amended to read:
131.19    Subd. 4. Notice to auditor. At least 53 days prior to every municipal election, the
131.20municipal clerk shall provide a written notice to the county auditor, including the date of
131.21the election, the offices to be voted on at the election, and the title and language for each
131.22ballot question to be voted on at the election. Not less than 46 days before the election, the
131.23municipal clerk must provide written notice to the county auditor of any special election
131.24canceled under section 205.10, subdivision 6.

131.25    Sec. 51. Minnesota Statutes 2006, section 205A.05, is amended by adding a
131.26subdivision to read:
131.27    Subd. 3. Cancellation. A special election ordered by the school board on its own
131.28motion under subdivision 1 may be canceled by motion of the school board, but not less
131.29than 46 days before the election.

131.30    Sec. 52. Minnesota Statutes 2006, section 205A.07, subdivision 3, is amended to read:
132.1    Subd. 3. Notice to auditor. At least 53 days prior to every school district election,
132.2the school district clerk shall provide a written notice to the county auditor of each county
132.3in which the school district is located. The notice must include the date of the election, the
132.4offices to be voted on at the election, and the title and language for each ballot question to
132.5be voted on at the election. For the purposes of meeting the timelines of this section, in
132.6a bond election, a notice, including a proposed question, may be provided to the county
132.7auditor prior to receipt of a review and comment from the commissioner of education and
132.8prior to actual initiation of the election. Not less than 46 days before the election, the
132.9school district clerk must provide written notice to the county auditor of any special
132.10election canceled under section 205A.05, subdivision 3.

132.11    Sec. 53. Minnesota Statutes 2006, section 205A.07, subdivision 3a, is amended to read:
132.12    Subd. 3a. Notice to commissioner of education. At least 49 days prior to every
132.13school district election, under section 123B.62, 123B.63, 126C.17, 126C.69, or 475.58,
132.14the school district clerk shall provide a written notice to the commissioner of education.
132.15The notice must include the date of the election and the title and language for each ballot
132.16question to be voted on at the election. Not less than 46 days before the election, the
132.17school district clerk must provide a written notice to the commissioner of education of
132.18any special election canceled under section 205A.05, subdivision 3. The certified vote
132.19totals for each ballot question shall be provided in a written notice to the commissioner
132.20in a timely manner.

132.21    Sec. 54. Minnesota Statutes 2006, section 205A.10, subdivision 2, is amended to read:
132.22    Subd. 2. Election, conduct. A school district election must be by secret ballot and
132.23must be held and the returns made in the manner provided for the state general election, as
132.24far as practicable. The vote totals from an absentee ballot board established pursuant to
132.25section 203B.13 may be tabulated and reported by the school district as a whole rather
132.26than by precinct. For school district elections not held in conjunction with a statewide
132.27election, the school board shall appoint election judges as provided in section 204B.21,
132.28subdivision 2
. The provisions of sections 204B.19, subdivision 5; 204B.21, subdivision 2;
132.29204C.15
; 204C.19; 206.64, subdivision 2; 206.83; and 206.86, subdivision 2, relating to
132.30party balance in appointment of judges and to duties to be performed by judges of different
132.31major political parties do not apply to school district elections not held in conjunction
132.32with a statewide election.

132.33    Sec. 55. Minnesota Statutes 2006, section 206.57, subdivision 5, is amended to read:
133.1    Subd. 5. Voting system for disabled voters. In federal and state elections held after
133.2December 31, 2005, and in county, municipal city, and school district elections held after
133.3December 31, 2007, and in township elections held after December 31, 2009, the voting
133.4method used in each polling place must include a voting system that is accessible for
133.5individuals with disabilities, including nonvisual accessibility for the blind and visually
133.6impaired in a manner that provides the same opportunity for access and participation,
133.7including privacy and independence, as for other voters.

133.8    Sec. 56. Minnesota Statutes 2006, section 206.89, subdivision 1, is amended to read:
133.9    Subdivision 1. Definition. For purposes of this section "postelection review official"
133.10means the election administration official who is responsible for the conduct of elections
133.11in a precinct selected for review under this section. county auditor, unless the county
133.12auditor designates the municipal clerk as the "postelection review official" within 24 hours
133.13after the canvass of the state general election.

133.14    Sec. 57. Minnesota Statutes 2006, section 206.89, subdivision 5, is amended to read:
133.15    Subd. 5. Additional review. (a) If the postelection review in one of the reviewed
133.16precincts reveals a difference greater than one-half of one percent, or greater than two
133.17votes in a precinct where 400 or fewer voters cast ballots, the postelection review official
133.18must, within two days, conduct an additional review of the races indicated in subdivision 3
133.19in at least three precincts in the same jurisdiction where the discrepancy was discovered. If
133.20all precincts in that jurisdiction have been reviewed, the county auditor must immediately
133.21publicly select by lot at least three additional precincts for review. The postelection review
133.22official must complete the additional review within two days after the precincts are
133.23selected and report the results immediately to the county auditor. If the second review in
133.24any of the reviewed precincts also indicates a difference in the vote totals compiled by the
133.25voting system that is greater than one-half of one percent from the result indicated by the
133.26postelection review, or greater than two votes in a precinct where 400 or fewer voters cast
133.27ballots, the county auditor must conduct a review of the ballots from all the remaining
133.28precincts in the county for the races indicated in subdivision 3. This review must be
133.29completed no later than six weeks after the state general election.
133.30    (b) If the results from the countywide reviews from one or more counties comprising
133.31in the aggregate more than ten percent of the total number of persons voting in the election
133.32clearly indicate that an error in vote counting has occurred, the postelection review official
133.33must conduct a manual recount of all the ballots in the district for the affected office. The
134.1recount must be completed and the results reported to the appropriate canvassing board no
134.2later than ten weeks after the state general election.

134.3    Sec. 58. Minnesota Statutes 2006, section 211A.02, subdivision 2, is amended to read:
134.4    Subd. 2. Information required. The report to be filed by a candidate or committee
134.5must include:
134.6    (1) the name of the candidate or ballot question;
134.7    (2) the printed name and, address, telephone number, signature, and e-mail address,
134.8if available, of the person responsible for filing the report;
134.9    (3) the total amount of receipts and expenditures for the period from the last previous
134.10report to five days before the current report is due;
134.11    (4) the amount, date, and purpose for each expenditure; and
134.12    (5) the name, address, and employer, or occupation if self-employed, of any
134.13individual or committee that during the year has made one or more contributions that in the
134.14aggregate are equal to or greater than $100, and the amount and date of each contribution.
134.15The filing officer must restrict public access to the address of any individual who has made
134.16a contribution equal to or greater than $100 and who has filed with the filing officer a
134.17written statement signed by the individual that withholding the individual's address from
134.18the financial report is required for the safety of the individual or the individual's family.

134.19    Sec. 59. Minnesota Statutes 2006, section 211A.05, subdivision 1, is amended to read:
134.20    Subdivision 1. Penalty. A candidate who intentionally fails to file a report required
134.21by section 211A.02 or a certification required by this section is guilty of a misdemeanor.
134.22The treasurer of a committee formed to promote or defeat a ballot question who
134.23intentionally fails to file a report required by section 211A.02 or a certification required
134.24by this section is guilty of a misdemeanor. Each candidate or treasurer of a committee
134.25formed to promote or defeat a ballot question shall certify to the filing officer that all
134.26reports required by section 211A.02 have been submitted to the filing officer or that the
134.27candidate or committee has not received contributions or made disbursements exceeding
134.28$750 in the calendar year. The certification shall be submitted to the filing officer no
134.29later than seven days after the general or special election. The secretary of state shall
134.30prepare blanks for this certification. An officer who issues a certificate of election to a
134.31candidate who has not certified that all reports required by section 211A.02 have been
134.32filed is guilty of a misdemeanor.

135.1    Sec. 60. Minnesota Statutes 2006, section 325L.03, is amended to read:
135.2325L.03 SCOPE.
135.3    (a) Except as otherwise provided in paragraphs (b) and (e), this chapter applies to
135.4electronic records and electronic signatures relating to a transaction.
135.5    (b) This chapter does not apply to a transaction to the extent it is governed by:
135.6    (1) the Uniform Commercial Code other than section 336.1-306, article 2, and
135.7article 2A; and
135.8    (2) section 145C.03, subdivision 1, relating to requirements for creation of a health
135.9care directive; section 507.24, relating to requirements for recording any conveyance,
135.10power of attorney, or other instrument affecting real estate; section 523.23, subdivision
135.113
, relating to requirements for creation of a statutory short form power of attorney; and
135.12section 253B.03, subdivision 6b, relating to requirements for creation of a declaration of
135.13preferences or instructions regarding intrusive mental health treatment.
135.14    (c) This chapter applies to an electronic record or electronic signature otherwise
135.15excluded from the application of this chapter under paragraph (b) to the extent it is
135.16governed by a law other than those specified in paragraph (b).
135.17    (d) A transaction subject to this chapter is also subject to other applicable substantive
135.18law.
135.19    (e) This chapter does not apply to the creation and execution of wills, codicils, or
135.20trusts other than trusts relating to the conduct of business, commercial, or governmental
135.21purposes.
135.22    (f) Except as provided in section 204B.09, subdivision 1a, this chapter does not
135.23apply to affidavits of candidacy relating to the conduct of elections.

135.24    Sec. 61. Minnesota Statutes 2006, section 375.101, subdivision 1, is amended to read:
135.25    Subdivision 1. Option for filling vacancies; election in 30 to 60 90 days. Except
135.26as provided in subdivision 3, a vacancy in the office of county commissioner shall may be
135.27filled as provided in this subdivision and subdivision 2, or as provided in subdivision 4. If
135.28the vacancy is to be filled under this subdivision and subdivision 2, it must be filled at a
135.29special election not less than 30 nor more than 60 90 days after the vacancy occurs. The
135.30special primary or special election may be held on the same day as a regular primary or
135.31regular election but the special election shall be held not less than 14 days after the special
135.32primary. The person elected at the special election shall take office immediately after
135.33receipt of the certificate of election and upon filing the bond and taking the oath of office
135.34and shall serve the remainder of the unexpired term. If the county has been reapportioned
136.1since the commencement of the term of the vacant office, the election shall be based
136.2on the district as reapportioned.
136.3EFFECTIVE DATE.This section is effective the day following final enactment.

136.4    Sec. 62. Minnesota Statutes 2006, section 375.101, is amended by adding a subdivision
136.5to read:
136.6    Subd. 4. Option for filling vacancies; appointment. Except as provided in
136.7subdivision 3, and as an alternative to the procedure provided in subdivisions 1 and 2, any
136.8other vacancy in the office of county commissioner may be filled by board appointment at
136.9a regular or special meeting. The appointment shall be evidenced by a resolution entered
136.10in the minutes and shall continue until an election is held under this subdivision. All
136.11elections to fill vacancies shall be for the unexpired term. If the vacancy occurs before the
136.12first day to file affidavits of candidacy for the next county general election and more than
136.13two years remain in the unexpired term, a special election shall be held in conjunction
136.14with the county general election. The appointed person shall serve until the qualification
136.15of the successor elected to fill the unexpired part of the term at that special election. If the
136.16vacancy occurs on or after the first day to file affidavits of candidacy for the county general
136.17election, or when less than two years remain in the unexpired term, there shall be no special
136.18election to fill the vacancy and the appointed person shall serve the remainder of the
136.19unexpired term and until a successor is elected and qualifies at the county general election.
136.20EFFECTIVE DATE.This section is effective the day following final enactment.

136.21    Sec. 63. Minnesota Statutes 2006, section 410.12, subdivision 1, is amended to read:
136.22    Subdivision 1. Proposals. The charter commission may propose amendments to
136.23such charter and shall do so upon the petition of voters equal in number to five percent of
136.24the total votes cast at the last previous state general election in the city. Proposed charter
136.25amendments must be submitted at least 12 weeks before the general election. Petitions
136.26may be signed no earlier than 26 weeks before the general election. Only registered
136.27voters are eligible to sign the petition. All petitions circulated with respect to a charter
136.28amendment shall be uniform in character and shall have attached thereto the text of the
136.29proposed amendment in full; except that in the case of a proposed amendment containing
136.30more than 1,000 words, a true and correct copy of the same may be filed with the city
136.31clerk, and the petition shall then contain a summary of not less than 50 nor more than 300
136.32words setting forth in substance the nature of the proposed amendment. Such summary
136.33shall contain a statement of the objects and purposes of the amendment proposed and an
137.1outline of any proposed new scheme or frame work of government and shall be sufficient
137.2to inform the signers of the petition as to what change in government is sought to be
137.3accomplished by the amendment. The summary, together with a copy of the proposed
137.4amendment, shall first be submitted to the charter commission for its approval as to form
137.5and substance. The commission shall within ten days after such submission to it, return
137.6the same to the proposers of the amendment with such modifications in statement as it
137.7may deem necessary in order that the summary may fairly comply with the requirements
137.8above set forth.

137.9    Sec. 64. Minnesota Statutes 2006, section 447.32, subdivision 4, is amended to read:
137.10    Subd. 4. Candidates; ballots; certifying election. A person who wants to be a
137.11candidate for the hospital board shall file an affidavit of candidacy for the election either
137.12as member at large or as a member representing the city or town where the candidate
137.13resides. The affidavit of candidacy must be filed with the city or town clerk not more than
137.1470 days nor less than 56 days before the first Tuesday after the first Monday in November
137.15of the year in which the general election is held. The city or town clerk must forward the
137.16affidavits of candidacy to the clerk of the hospital district or, for the first election, the clerk
137.17of the most populous city or town immediately after the last day of the filing period. A
137.18candidate may withdraw from the election by filing an affidavit of withdrawal with the
137.19clerk of the district no later than 5:00 p.m. two days after the last day to file affidavits
137.20of candidacy. A candidate for a hospital district office who wants write-in votes for the
137.21candidate to be counted must file a written request with the filing officer for the office
137.22sought no later than the seventh day before the general election. The filing officer must
137.23provide copies of the form to make the request.
137.24    Voting must be by secret ballot. The clerk shall prepare, at the expense of the
137.25district, necessary ballots for the election of officers. Ballots must be printed on tan paper
137.26and prepared as provided in the rules of the secretary of state. The ballots must be marked
137.27and initialed by at least two judges as official ballots and used exclusively at the election.
137.28Any proposition to be voted on may be printed on the ballot provided for the election
137.29of officers. The hospital board may also authorize the use of voting systems subject to
137.30chapter 206. Enough election judges may be appointed to receive the votes at each
137.31polling place. The election judges shall act as clerks of election, count the ballots cast,
137.32and submit them to the board for canvass.
137.33    After canvassing the election, the board shall issue a certificate of election to the
137.34candidate who received the largest number of votes cast for each office. The clerk shall
137.35deliver the certificate to the person entitled to it in person or by certified mail. Each person
138.1certified shall file an acceptance and oath of office in writing with the clerk within 30
138.2days after the date of delivery or mailing of the certificate. The board may fill any office
138.3as provided in subdivision 1 if the person elected fails to qualify within 30 days, but
138.4qualification is effective if made before the board acts to fill the vacancy.

138.5    Sec. 65. AUTOMATIC REGISTRATION.
138.6    An applicant for a Minnesota driver's license, instruction permit, or identification
138.7card must not be automatically registered to vote under Minnesota Statutes, section
138.8201.161, until the secretary of state has certified that the system for automatic registration
138.9of those applicants has been tested and shown to properly determine whether an applicant
138.10is eligible to vote.

138.11    Sec. 66. REPEALER.
138.12(a) Minnesota Statutes 2006, sections 201.061, subdivision 7; 201.096; 203B.02,
138.13subdivision 1a; and 203B.13, subdivision 3a, are repealed.
138.14(b) Minnesota Statutes 2006, section 203B.04, subdivision 5, is repealed effective
138.15April 1, 2008.
138.16(c) Minnesota Statutes 2006, section 200.04, is repealed effective January 1, 2008.

138.17ARTICLE 5
138.18ELECTIONS CLARIFICATIONS

138.19    Section 1. Minnesota Statutes 2006, section 103C.305, subdivision 3, is amended to
138.20read:
138.21    Subd. 3. Ballots. Ballots shall be prepared by the county auditor. The names of
138.22candidates shall be placed on the "canary ballot" described in section 204D.11, subdivision
138.233
. The office title printed on the ballot must be either "Soil and Water Conservation
138.24District Supervisor" or "Conservation District Supervisor," based upon the district from
138.25which the supervisor is to be elected.

138.26    Sec. 2. Minnesota Statutes 2006, section 201.054, subdivision 1, is amended to read:
138.27    Subdivision 1. Registration. An individual may register to vote:
138.28    (1) at any time before the 20th day preceding any election as provided in section
138.29201.061, subdivision 1 ;
138.30    (2) on the day of an election as provided in section 201.061, subdivision 3; or
138.31    (3) when submitting an absentee ballot, by enclosing a completed registration card
138.32application as provided in section 203B.04, subdivision 4.

139.1    Sec. 3. Minnesota Statutes 2006, section 201.061, subdivision 4, is amended to read:
139.2    Subd. 4. Registration by election judges; procedures. Registration at the polling
139.3place on election day shall be conducted by the election judges. The election judge who
139.4registers an individual at the polling place on election day shall not handle that voter's
139.5ballots at any time prior to the opening of the ballot box after the voting ends. Registration
139.6cards applications and forms for oaths shall be available at each polling place. If an
139.7individual who registers on election day proves residence by oath of a registered voter, the
139.8form containing the oath shall be attached to the individual's registration card application.
139.9Registration cards applications completed on election day shall be forwarded to the
139.10county auditor who shall add the name of each voter to the registration system unless the
139.11information forwarded is substantially deficient. A county auditor who finds an election
139.12day registration substantially deficient shall give written notice to the individual whose
139.13registration is found deficient. An election day registration shall not be found deficient
139.14solely because the individual who provided proof of residence was ineligible to do so.

139.15    Sec. 4. Minnesota Statutes 2006, section 201.071, subdivision 3, is amended to read:
139.16    Subd. 3. Deficient registration. No voter registration application is deficient if it
139.17contains the voter's name, address, date of birth, current and valid Minnesota driver's
139.18license number or Minnesota state identification number, or if the voter has no current and
139.19valid Minnesota driver's license or Minnesota state identification number, the last four
139.20digits of the voter's Social Security number, if the voter has been issued a Social Security
139.21number, prior registration, if any, and signature. The absence of a zip code number does
139.22not cause the registration to be deficient. Failure to check a box on an application form
139.23that a voter has certified to be true does not cause the registration to be deficient. The
139.24election judges shall request an individual to correct a voter registration application if it is
139.25deficient or illegible or if the name or number of the voter's school district is missing or
139.26obviously incorrect. No eligible voter may be prevented from voting unless the voter's
139.27registration application is deficient or the voter is duly and successfully challenged in
139.28accordance with section 201.195 or 204C.12.
139.29    A voter registration application accepted prior to August 1, 1983, is not deficient
139.30for lack of date of birth. The county or municipality may attempt to obtain the date of
139.31birth for a voter registration application accepted prior to August 1, 1983, by a request to
139.32the voter at any time except at the polling place. Failure by the voter to comply with this
139.33request does not make the registration deficient.
139.34    A voter registration application accepted before January 1, 2004, is not deficient for
139.35lack of a valid Minnesota driver's license or state identification number or the last four
140.1digits of a Social Security number. A voter registration application submitted by a voter
140.2who does not have a Minnesota driver's license or state identification number, or a Social
140.3Security number, is not deficient for lack of any of these numbers.

140.4    Sec. 5. Minnesota Statutes 2006, section 201.071, subdivision 4, is amended to read:
140.5    Subd. 4. Change of registration. Any A county auditor who receives a registration
140.6card application indicating that an individual was previously registered in a different
140.7county in Minnesota shall notify the county auditor of that county update the voter's
140.8record electronically through the statewide registration system in the manner prescribed
140.9in the rules of by the secretary of state. A county auditor receiving a registration card
140.10indicating that a voter was previously registered in a different precinct in the same county
140.11or receiving a notification as provided in this subdivision shall remove that individual's
140.12voter registration card from the files. Any A county auditor who receives a registration
140.13card application or notification requiring a change of registration records under this
140.14subdivision as a result of an election day registration shall also check the statewide
140.15registration system to determine whether the individual voted in more than one precinct in
140.16the most recent election.

140.17    Sec. 6. Minnesota Statutes 2006, section 201.081, is amended to read:
140.18201.081 REGISTRATION FILES.
140.19    The statewide registration system is the official record of registered voters. The
140.20voter registration cards applications and the terminal providing access to the statewide
140.21registration system must be under the control of the county auditor or the public official to
140.22whom the county auditor has delegated the responsibility for maintaining voter registration
140.23records. The voter registration cards applications and terminals providing access to the
140.24statewide registration system must not be removed from the control of the county auditor
140.25except as provided in this subdivision. The county auditor may make photographic copies
140.26of voter registration cards applications in the manner provided by section 138.17.
140.27    A properly completed voter registration card application that has been submitted to
140.28the secretary of state or a county auditor must be maintained by the secretary of state or
140.29the county auditor for at least 22 months after the date that the information on the card
140.30application is entered into the database of the statewide registration system. The secretary
140.31of state or the county auditor may dispose of the cards applications after retention for 22
140.32months in the manner provided by section 138.17.

140.33    Sec. 7. Minnesota Statutes 2006, section 201.091, subdivision 1, is amended to read:
141.1    Subdivision 1. Master list. Each county auditor shall prepare and maintain a
141.2current list of registered voters in each precinct in the county which is known as the
141.3master list. The master list must be created by entering each completed voter registration
141.4card application received by the county auditor into the statewide registration system. It
141.5must show the name, residence address, and date of birth of each voter registered in
141.6the precinct. The information contained in the master list may only be made available
141.7to public officials for purposes related to election administration, jury selection, and in
141.8response to a law enforcement inquiry concerning a violation of or failure to comply with
141.9any criminal statute or state or local tax statute.

141.10    Sec. 8. Minnesota Statutes 2006, section 201.091, subdivision 8, is amended to read:
141.11    Subd. 8. Registration places. Each county auditor shall designate a number of
141.12public buildings in those political subdivisions of the county where preregistration of
141.13voters is allowed as provided in section 201.061, subdivision 1, where eligible voters may
141.14register to vote. At least one public building must be designated for each 30,000 residents
141.15of the county. At least one telecommunications device for the deaf must be available for
141.16voter registration information in each county seat and in every city of the first, second,
141.17and third class.
141.18    An adequate supply of registration cards applications and instructions must be
141.19maintained at each designated location, and a designated individual must be available
141.20there to accept registration cards applications and transmit them to the county auditor.
141.21    A person who, because of disability, needs assistance in order to determine eligibility
141.22or to register must be assisted by a designated individual. Assistance includes but is not
141.23limited to reading the registration form and instructions and filling out the registration
141.24form as directed by the eligible voter.

141.25    Sec. 9. Minnesota Statutes 2006, section 201.27, subdivision 1, is amended to read:
141.26    Subdivision 1. Intentional violation. No officer, deputy, clerk, or other employee
141.27shall intentionally:
141.28    (1) fail to perform or enforce any of the provisions of this chapter except subdivision
141.292;
141.30    (2) remove a registration card application or record from its proper place in the
141.31registration files in a manner or for a purpose not authorized by law;
141.32    (3) destroy or make an unauthorized change to a record required to be kept by
141.33this chapter; or
142.1    (4) add a name or names to the voter registration files, records, or cards, except as
142.2authorized by law.
142.3    An individual who violates this subdivision is guilty of a felony.

142.4    Sec. 10. Minnesota Statutes 2006, section 203B.04, subdivision 1, is amended to read:
142.5    Subdivision 1. Application procedures. Except as otherwise allowed by
142.6subdivision 2 or by section 203B.11, subdivision 4, an application for absentee ballots
142.7for any election may be submitted at any time not less than one day before the day of
142.8that election. The county auditor shall prepare absentee ballot application forms in the
142.9format provided by the secretary of state, notwithstanding rules on absentee ballot forms,
142.10and shall furnish them to any person on request. By January 1 of each even-numbered
142.11year, the secretary of state shall make the forms to be used available to auditors through
142.12electronic means. An application submitted pursuant to this subdivision shall be in writing
142.13and shall be submitted to:
142.14    (a) the county auditor of the county where the applicant maintains residence; or
142.15    (b) the municipal clerk of the municipality, or school district if applicable, where
142.16the applicant maintains residence.
142.17    An application shall be approved if it is timely received, signed and dated by the
142.18applicant, contains the applicant's name and residence and mailing addresses, and states
142.19that the applicant is eligible to vote by absentee ballot for one of the reasons specified in
142.20section 203B.02. The application may contain a request for the voter's date of birth, which
142.21must not be made available for public inspection. An application may be submitted to
142.22the county auditor or municipal clerk by an electronic facsimile device. An application
142.23mailed or returned in person to the county auditor or municipal clerk on behalf of a voter
142.24by a person other than the voter must be deposited in the mail or returned in person to
142.25the county auditor or municipal clerk within ten days after it has been dated by the voter
142.26and no later than six days before the election. The absentee ballot applications or a list of
142.27persons applying for an absentee ballot may not be made available for public inspection
142.28until the close of voting on election day.
142.29    An application under this subdivision may contain an application under subdivision
142.305 to automatically receive an absentee ballot application.

142.31    Sec. 11. Minnesota Statutes 2006, section 203B.04, subdivision 4, is amended to read:
142.32    Subd. 4. Registration at time of application. An eligible voter who is not
142.33registered to vote but who is otherwise eligible to vote by absentee ballot may register by
142.34including a completed voter registration card application with the absentee ballot. The
143.1individual shall present proof of residence as required by section 201.061, subdivision
143.23
, to the individual who witnesses the marking of the absentee ballots. A military voter,
143.3as defined in section 203B.01, may register in this manner if voting pursuant to sections
143.4203B.04 to 203B.15, or may register pursuant to sections 203B.16 to 203B.27.

143.5    Sec. 12. Minnesota Statutes 2006, section 203B.05, subdivision 2, is amended to read:
143.6    Subd. 2. City, school district, and town elections. For city, town, and school
143.7district elections not held on the same day as a statewide election, for school district
143.8elections not held on the same day as a statewide election, and for town elections
143.9conducted under the Australian ballot system, applications for absentee ballots shall be
143.10filed with the city, school district, or town clerk and the duties prescribed by this chapter for
143.11the county auditor shall be performed by the city, school district, or town clerk unless the
143.12county auditor agrees to perform those duties on behalf of the city, school district, or town
143.13clerk. The costs incurred to provide absentee ballots and perform the duties prescribed by
143.14this subdivision shall be paid by the city, town, or school district holding the election.
143.15    Notwithstanding any other law, this chapter applies to school district elections held
143.16on the same day as a statewide election or an election for a county or municipality wholly
143.17or partially within the school district.

143.18    Sec. 13. Minnesota Statutes 2006, section 203B.07, subdivision 1, is amended to read:
143.19    Subdivision 1. Delivery of envelopes, directions. The county auditor or the
143.20municipal clerk shall prepare, print, and transmit a return envelope, a ballot envelope, and
143.21a copy of the directions for casting an absentee ballot to each applicant whose application
143.22for absentee ballots is accepted pursuant to section 203B.04. The directions for casting
143.23an absentee ballot shall be printed in at least 14-point bold type with heavy leading and
143.24may be printed on the ballot envelope. When a person requests the directions in Braille
143.25or on cassette tape, the county auditor or municipal clerk shall provide them in the form
143.26requested. The secretary of state shall prepare Braille and cassette copies and make them
143.27available.
143.28    When a voter registration card application is sent to the applicant as provided in
143.29section 203B.06, subdivision 4, the directions or registration card application shall include
143.30instructions for registering to vote.

143.31    Sec. 14. Minnesota Statutes 2006, section 203B.08, subdivision 3, is amended to read:
143.32    Subd. 3. Procedures on receipt of ballots. When absentee ballots are returned to a
143.33county auditor or municipal clerk, that official shall stamp or initial and date the return
144.1envelope with an official seal of the office and place it in a secure location with other
144.2return envelopes received by that office. The county auditor or municipal clerk shall
144.3deliver to the appropriate election judges on election day all ballots received before or
144.4with the last mail delivery by the United States Postal Service on election day. A town
144.5clerk may request the United States Postal Service to deliver absentee ballots to the polling
144.6place on election day instead of to the official address of the town clerk.

144.7    Sec. 15. Minnesota Statutes 2006, section 203B.10, is amended to read:
144.8203B.10 DELIVERY OF ABSENTEE BALLOT APPLICATIONS TO
144.9ELECTION JUDGES.
144.10    (a) On the day before an election:
144.11    (a) (1) the county auditor shall deliver to the municipal clerks within that county
144.12the applications for absentee ballots theretofore received and endorsed as provided in
144.13section 203B.06, subdivision 5; and
144.14    (b) (2) the municipal clerks shall deliver the applications received from the county
144.15auditor and the applications for absentee ballots filed with their respective offices and
144.16endorsed as provided in section 203B.06, subdivision 5, to the appropriate election
144.17judges. Applications received on election day pursuant to section 203B.04, subdivision
144.182
, shall be promptly delivered to the election judges in the precincts or to the judges of
144.19an absentee ballot board.
144.20    (b) Delivery of the applications to the municipal clerks and election judges in the
144.21precinct is not required if the absentee ballot envelopes have been accepted or rejected
144.22by an absentee ballot board pursuant to section 203B.13.

144.23    Sec. 16. Minnesota Statutes 2006, section 204B.06, subdivision 8, is amended to read:
144.24    Subd. 8. Proof of eligibility. A candidate for judicial office or for the office of
144.25county attorney shall submit with the affidavit of candidacy proof that the candidate is
144.26licensed to practice law in this state. Proof means providing a copy of a current attorney
144.27license.
144.28    A candidate for county sheriff shall submit with the affidavit of candidacy proof of
144.29licensure as a peace officer in this state. Proof means providing a copy of a current Peace
144.30Officer Standards and Training Board license.

144.31    Sec. 17. Minnesota Statutes 2006, section 204B.08, subdivision 3, is amended to read:
144.32    Subd. 3. Number of signatures. The number of signatures required on a
144.33nominating petition shall be as follows:
145.1    (a) for a federal or state office voted on statewide or for United States senator, one
145.2percent of the total number of individuals voting in the state at the last preceding state
145.3general election, or 2,000, whichever is less;
145.4    (b) for a congressional office, five percent of the total number of individuals voting
145.5in the district at the last preceding state general election, or 1,000, whichever is less;
145.6    (c) for a county or legislative office, ten percent of the total number of individuals
145.7voting in the county or legislative district at the last preceding state or county general
145.8election, or 500, whichever is less;
145.9    (d) for a municipal office in a city of the first class, the number specified in section
145.10205.121 ; and
145.11    (e) for any other municipal or school district office, ten percent of the total number
145.12of individuals voting in the municipality, ward, school district, or other election district
145.13at the last preceding municipal, or school district if applicable, general election, or 500,
145.14whichever is less.

145.15    Sec. 18. Minnesota Statutes 2006, section 205A.10, subdivision 1, is amended to read:
145.16    Subdivision 1. Materials, ballots. The school district clerk shall prepare and have
145.17printed the necessary election materials, including ballots, for a school district election.
145.18The name of each candidate for office shall be rotated with the names of the other
145.19candidates for the same office so that the name of each candidate appears substantially
145.20an equal number of times at the top, at the bottom, and at each intermediate place in the
145.21group of candidates for that office names must be arranged on school district ballots in the
145.22manner provided in section 204D.08, subdivision 3, for state elections.

145.23    Sec. 19. Minnesota Statutes 2006, section 205A.11, subdivision 2, is amended to read:
145.24    Subd. 2. Combined polling place. When no other election is being held in two or
145.25more precincts on the day of a school district election, the school board may designate
145.26one or more combined polling places at which the voters in those precincts may vote in
145.27the school district election. In school districts that have organized into separate board
145.28member election districts under section 205A.12, a combined polling place for a school
145.29general election must be arranged so that it does not include more than one board member
145.30election district.

145.31    Sec. 20. Minnesota Statutes 2006, section 206.82, subdivision 2, is amended to read:
145.32    Subd. 2. Plan. (a) Subject to paragraph (b), The municipal clerk in a municipality
145.33where an electronic voting system is used and the county auditor of a county in which an
146.1electronic voting system is used in more than one municipality and the county auditor of
146.2a county in which a counting center serving more than one municipality is located shall
146.3prepare a plan which indicates acquisition of sufficient facilities, computer time, and
146.4professional services and which describes the proposed manner of complying with section
146.5206.80 . The plan must be signed, notarized, and submitted to the secretary of state more
146.6than 60 days before the first election at which the municipality uses an electronic voting
146.7system. Prior to July 1 of each subsequent general election year, the clerk or auditor
146.8shall submit to the secretary of state notification of any changes to the plan on file with
146.9the secretary of state. The secretary of state shall review each plan for its sufficiency and
146.10may request technical assistance from the Department of Administration or other agency
146.11which may be operating as the central computer authority. The secretary of state shall
146.12notify each reporting authority of the sufficiency or insufficiency of its plan within 20 days
146.13of receipt of the plan. The attorney general, upon request of the secretary of state, may
146.14seek a district court order requiring an election official to fulfill duties imposed by this
146.15subdivision or by rules promulgated pursuant to this section.
146.16    (b) Systems implemented by counties and municipalities in calendar year 2006 are
146.17exempt from paragraph (a) and section 206.58, subdivision 4, if:
146.18    (1) the municipality has fewer than 10,000 residents; and
146.19    (2) a valid county plan was filed by the county auditor of the county in which the
146.20municipality is located.

146.21    Sec. 21. Laws 2004, chapter 293, article 1, section 37, subdivision 2, is amended to
146.22read:
146.23    Subd. 2. Social security number. A voter must not be included on the list of voters
146.24prepared under Minnesota Statutes, section 201.121, subdivision 1, whose registration is
146.25incomplete because of a failure to match the last four digits of the voter's Social Security
146.26number until the commissioner of public safety has:
146.27    (1) entered into an agreement with the commissioner of the Social Security
146.28Administration under Minnesota Statutes, section 201.1615, regarding the use of the last
146.29four digits of a Social Security number to verify voter registration information;
146.30    (2) assembled a complete and current database of the last four digits of the Social
146.31Security number of each resident of this state as maintained by the Social Security
146.32Administration; and
146.33    (3) (2) certified, along with the secretary of state, that the voter registration system
146.34has been tested and shown to properly verify the last four digits of a voter's Social
146.35Security number.