Minnesota Legislature
SF 2082
1st Unofficial Engrossment - 86th Legislature (2009 - 2010) Posted on 12/26/2012 11:17pm
KEY: stricken = removed, old language.
underscored = added, new language.
1.2relating to state government finance; modifying provisions for general legislative
1.3and administrative expenses of state government; regulating state and local
1.4government operations; enhancing state financial management and internal
1.5controls; implementing procedures for dealing with false claims made involving
1.6state funds or property; requiring Web site with searchable database on state
1.7expenditures; establishing technology development lease-purchase financing;
1.8creating the Minnesota Geospatial Information Office; establishing a preference
1.9for service-disabled veteran-owned small businesses on state procurement
1.10contract bid solicitations; establishing a statewide electronic licensing system;
1.11creating the management analysis revolving fund; modifying provisions on
1.12use of property in certain areas; requiring state institutions in the colleges and
1.13university system to prepare a residential housing list for use in election day
1.14registration; modifying provisions for small business contracts; modifying voter
1.15registration provisions; allowing municipalities to participate in the state's
1.16cooperative purchasing; setting standards on use of state employees' electronic
1.17personal health records; prohibiting transfer of Environmental Quality Board
1.18duties or staff; requiring LRT mitigation impacts in the capitol area; transferring
1.19duties and staff from Land Management Information Center to Minnesota
1.20Geospatial Information Office; modifying provisions for secretary of state
1.21duties; requiring reports; establishing penalties; appropriating money;amending
1.22Minnesota Statutes 2008, sections 3.97, by adding a subdivision; 3.971,
1.23subdivision 6; 3.975; 4A.02; 5.12, subdivision 1; 5.29; 5.32; 5A.03; 5A.06;
1.2410.43; 10.60, subdivision 2, by adding a subdivision; 10A.31, subdivision 4;
1.2511A.07, subdivision 4; 13.64; 16A.055, subdivision 1, by adding a subdivision;
1.2616A.11, by adding a subdivision; 16A.126, subdivision 1; 16A.133, subdivision
1.271; 16A.139; 16A.152, by adding a subdivision; 16B.24, by adding subdivisions;
1.2816B.54, subdivision 2; 16C.16, by adding a subdivision; 16C.19; 16C.20;
1.2943A.02, by adding a subdivision; 43A.1815; 43A.24, subdivision 1; 43A.49;
1.30116G.15; 135A.17, subdivision 2; 161.321; 201.061, subdivisions 1, 3; 201.071,
1.31subdivision 1; 201.091, by adding a subdivision; 211B.37; 270C.63, subdivision
1.3213; 302A.821; 303.14; 303.16, subdivision 4; 308A.995; 308B.121, subdivisions
1.331, 2; 317A.823; 321.0206; 321.0210; 321.0810; 322B.960; 323A.1003; 333.055;
1.34336A.04, subdivision 3; 336A.09, subdivision 2; 359.01, subdivision 3; 471.345,
1.35subdivision 15; 473.142; Laws 2005, chapter 156, article 2, section 45, as
1.36amended; Laws 2005, chapter 162, section 34, subdivision 2; Laws 2007,
1.37chapter 131, article 2, section 22; Laws 2007, chapter 148, article 2, section 79;
1.38proposing coding for new law in Minnesota Statutes, chapters 3; 4; 5; 10; 15B;
1.3916A; 16B; 16E; 43A; 116G; 270C; proposing coding for new law as Minnesota
2.1Statutes, chapter 15C; repealing Minnesota Statutes 2008, sections 4A.05;
2.216C.046; 116G.151; 240A.08; 645.44, subdivision 19.
2.3BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
2.7 The sums shown in the columns marked "appropriations" are appropriated to the
2.8agencies and for the purposes specified in this article. The appropriations are from the
2.9general fund, or another named fund, and are available for the fiscal years indicated
2.10for each purpose. The figures "2010" and "2011" used in this article mean that the
2.11appropriations listed under them are available for the fiscal year ending June 30, 2010, or
2.12June 30, 2011, respectively. "The first year" is fiscal year 2010. "The second year" is fiscal
2.13year 2011. "The biennium" is fiscal years 2010 and 2011.
2.24The amounts that may be spent for each
2.25purpose are specified in the following
2.26subdivisions.
2.29During the biennium ending June 30, 2011,
2.30any revenues received by the house of
2.31representatives from sponsorship notices in
2.32broadcast or print media are appropriated to
2.33the house of representatives.
3.1The house must develop a system under
3.2which members and employees have
3.3electronic access to their payroll and payroll
3.4deduction information.
3.9(a) $5,657,000 the first year and $5,657,000
3.10the second year are for the Office of the
3.11Revisor of Statutes.
3.12(b) $1,379,000 the first year and $1,379,000
3.13the second year are for the Legislative
3.14Reference Library.
3.15(c) $5,833,000 the first year and $5,833,000
3.16the second year are for the Office of the
3.17Legislative Auditor.
3.18(d) $10,000 the first year is for purposes
3.19of the legislators' forum, through which
3.20Minnesota legislators meet with counterparts
3.21from South Dakota, North Dakota, and
3.22Manitoba to discuss issues of mutual
3.23concern. This appropriation is available until
3.24June 30, 2011.
3.27This appropriation is to fund the Office of the
3.28Governor and Lieutenant Governor.
3.29$19,000 the first year and $19,000 the
3.30second year are for necessary expenses in
3.31the normal performance of the governor's
3.32and lieutenant governor's duties for which no
3.33other reimbursement is provided.
4.2$680,000 the first year is for additional audit
4.3activities under the American Recovery
4.4and Reinvestment Act of 2009. This
4.5appropriation remains available through June
4.630, 2011.
4.16Any funds available in the account
4.17established in Minnesota Statutes, section
4.185.30, pursuant to the Help America Vote Act,
4.19are appropriated for the purposes and uses
4.20authorized by federal law.
4.26The requirements imposed on the
4.27commissioner of finance and the chief
4.28information officer under Laws 2007, chapter
4.29148, article 1, section 10, paragraph (e),
4.30regarding the determination of the savings
4.31attributable to the electronic licensing
4.32system and information technology security
4.33improvements are inoperative.
5.14The amounts that may be spent for each
5.15purpose are specified in the following
5.16subdivisions.
5.22(a) $802,000 the first year and $802,000
5.23the second year are for the Minnesota
5.24Geospatial Information Office. Of the total
5.25appropriation, $10,000 per year is intended
5.26for preparation of township acreage data in
5.27Laws 2008, chapter 366, article 17, section
5.287, subdivision 3.
5.29(b) $74,000 the first year and $74,000
5.30the second year are for the Council on
5.31Developmental Disabilities.
5.32(c) $134,000 the first year and $134,000 the
5.33second year are for a grant to the Council on
5.34Developmental Disabilities for the purpose
5.35of establishing a statewide self-advocacy
6.1network for persons with intellectual and
6.2developmental disabilities (ID/DD). The
6.3self-advocacy network shall: (1) ensure
6.4that persons with ID/DD are informed
6.5of their rights in employment, housing,
6.6transportation, voting, government policy,
6.7and other issues pertinent to the ID/DD
6.8community; (2) provide public education
6.9and awareness of the civil and human
6.10rights issues persons with ID/DD face; (3)
6.11provide funds, technical assistance, and
6.12other resources for self-advocacy groups
6.13across the state; and (4) organize systems of
6.14communications to facilitate an exchange of
6.15information between self-advocacy groups.
6.16(d) $250,000 the first year and $170,000 the
6.17second year are to fund activities to prepare
6.18for and promote the 2010 census.
6.19(e) $206,000 the first year and $206,000 the
6.20second year are for the Office of the State
6.21Archaeologist.
6.22(f) The requirements imposed on
6.23the commissioner of finance and the
6.24commissioner of administration under
6.25Laws 2007, chapter 148, article 1, section
6.2612, subdivision 2, paragraph (b), relating
6.27to the savings attributable to the real
6.28property portfolio management system are
6.29inoperative.
6.30(g) $250,000 is appropriated to the
6.31commissioner of administration from the
6.32information and telecommunications account
6.33in the special revenue fund to continue
6.34planning for data center consolidation,
6.35including completing a predesign study
7.1and lifecycle cost analysis, and exploring
7.2technologies to reduce energy consumption
7.3and operating costs.
7.4(f) $8,388,000 the first year and $8,388,000
7.5the second year are for office space costs of
7.6the legislature and veterans organizations,
7.7for ceremonial space, and for statutorily free
7.8space.
7.10$125,000 each year is for the Office of
7.11Grant Management. During the biennium
7.12ending June 30, 2011, the commissioner
7.13must recover this amount through deductions
7.14in state grants subject to the jurisdiction
7.15of the office. The amount deducted from
7.16appropriations for these grants must be
7.17deposited in the general fund.
7.18$25,000 the first year is for the Office
7.19of Grants Management to study and
7.20make recommendations on improving
7.21collaborative activities between the state,
7.22nonprofit entities, and the private sector,
7.23including: (1) recommendations for
7.24expanding successful initiatives involving
7.25not-for-profit organizations that have
7.26demonstrated measurable, positive results
7.27in addressing high-priority community
7.28issues; and (2) recommendations on grant
7.29requirements and design to encourage
7.30programs receiving grants to become
7.31self-sufficient. The office may appoint an
7.32advisory group to assist in the study and
7.33recommendations. The office must report
7.34its recommendations to the legislature by
7.35January 15, 2010.
8.5$500,000 the first year is for oversight and
8.6reporting of federal funds received under the
8.7American Recovery and Reinvestment Act
8.8of 2009. This appropriation is available until
8.9June 30, 2011.
8.19The amounts that may be spent for each
8.20purpose are specified in subdivisions 2 and 3.
8.28The requirements imposed on the
8.29commissioners of finance and revenue under
8.30Laws 2007, chapter 148, article 1, section
8.3116, subdivision 2, paragraph (d), relating to
8.32the determination of savings attributable to
8.33implementing the integrated tax software
8.34package are inoperative.
9.1(a) $1,925,000 the first year and $3,788,000
9.2the second year are for additional activities
9.3to identify and collect tax liabilities from
9.4individuals and businesses that currently
9.5do not pay all taxes owed. This initiative
9.6is expected to result in new general fund
9.7revenues of $12,825,000 for the biennium
9.8ending June 30, 2011.
9.9(b) The department must report to the chairs
9.10of the house of representatives Ways and
9.11Means and senate Finance Committees by
9.12March 1, 2010, and January 15, 2011, on the
9.13following performance indicators:
9.14(1) the number of corporations noncompliant
9.15with the corporate tax system each year and
9.16the percentage and dollar amounts of valid
9.17tax liabilities collected;
9.18(2) the number of businesses noncompliant
9.19with the sales and use tax system and the
9.20percentage and dollar amount of the valid tax
9.21liabilities collected; and
9.22(3) the number of individual noncompliant
9.23cases resolved and the percentage and dollar
9.24amounts of valid tax liabilities collected.
9.26$588,000 the first year and $1,120,000 the
9.27second year are for additional activities
9.28to identify and collect tax liabilities from
9.29individuals and businesses that currently
9.30do not pay all taxes owed. This initiative
9.31is expected to result in new general fund
9.32revenues of $17,250,000 for the biennium
9.33ending June 30, 2011.
10.1These appropriations are from the lawful
10.2gambling regulation account in the special
10.3revenue fund.
10.5These appropriations are from the racing
10.6and card playing regulation accounts in the
10.7special revenue fund.
10.9Notwithstanding Minnesota Statutes, section
10.10349A.10 , subdivision 3, the operating budget
10.11must not exceed $28,111,000 in fiscal year
10.122010 and $28,740,000 in fiscal year 2011.
10.14To be spent by the commissioner of finance
10.15according to Minnesota Statutes, section
10.163.736, subdivision 7. If the appropriation for
10.17either year is insufficient, the appropriation
10.18for the other year is available for it.
10.22The amounts that may be spent for each
10.23purpose are specified in the following
10.24subdivisions.
10.26Under Minnesota Statutes, sections 3A.03,
10.27subdivision 2;3A.04 , subdivisions 3 and 4;
10.28and3A.115 .
10.30Under Minnesota Statutes, section 352C.001.
11.1If an appropriation in this section for either
11.2year is insufficient, the appropriation for the
11.3other year is available for it.
11.6These amounts are estimated to be needed
11.7under Minnesota Statutes, section 422A.101,
11.8subdivision 3.
11.11The amounts estimated to be needed are as
11.12specified in paragraphs (a) and (b):
11.13(a) $12,954,000 the first year and
11.14$12,954,000 the second year are for special
11.15direct state aid authorized under Minnesota
11.16Statutes, section 354A.12, subdivisions 3a
11.17and 3c.
11.18(b) $2,500,000 the first year and $2,500,000
11.19the second year are for special direct state
11.20matching aid authorized under Minnesota
11.21Statutes, section 354A.12, subdivision 3b.
11.24The amounts estimated to be needed for
11.25special direct state aid to first class city
11.26teachers retirement funds authorized under
11.27Minnesota Statutes, section354A.12 ,
11.28subdivisions 3a and 3c.
11.31The amounts estimated to be needed for
11.32special direct state aid to first class city
11.33teachers retirement funds authorized under
12.1Minnesota Statutes, section354A.12 ,
12.2subdivisions 3a and 3c.
12.12(a) The appropriations in this section
12.13may only be spent with the approval of
12.14the governor after consultation with the
12.15Legislative Advisory Commission pursuant
12.16to Minnesota Statutes, section 3.30.
12.17(b) Of the appropriation to the general fund
12.18contingent account, $1,775,000 is a onetime
12.19appropriation for potential state matching
12.20requirements needed to maximize receipt of
12.21federal funds under the American Recovery
12.22and Reinvestment Act of 2009.
12.23(c) If an appropriation in this section for
12.24either year is insufficient, the appropriation
12.25for the other year is available for it.
12.26(d) If a contingent account appropriation
12.27is made in one fiscal year, it should be
12.28considered a biennial appropriation.
12.30The amount available for appropriation to
12.31the commission under Laws 2005, chapter
12.32156, article 2, section 43, is reduced in the
12.33first year and the second year by the amounts
12.34appropriated in this section.
13.8$32,000 each year is for activities of the
13.9council relating to Indian burial sites,
13.10including activities relating to unfunded
13.11federal mandates.
13.12 Sec. 30. PROBLEM GAMBLING APPROPRIATION.
13.13 $225,000 in fiscal year 2010 and $225,000 in fiscal year 2011 are appropriated from
13.14the lottery prize fund to the Gambling Control Board for a grant to the state affiliate
13.15recognized by the National Council on Problem Gambling. The affiliate must provide
13.16services to increase public awareness of problem gambling, education and training for
13.17individuals and organizations providing effective treatment services to problem gamblers
13.18and their families, and research relating to problem gambling. These services must be
13.19complimentary to and not duplicative of the services provided through the problem
13.20gambling program administered by the commissioner of human services. Of this
13.21appropriation, $50,000 in fiscal year 2010 and $50,000 in fiscal year 2011 are contingent
13.22on the contribution of nonstate matching funds. Matching funds may be either cash or
13.23qualifying in-kind contributions. The commissioner of finance may disburse the state
13.24portion of the matching funds in increments of $25,000 upon receipt of a commitment for
13.25an equal amount of matching nonstate funds. These are onetime appropriations.
13.26 Sec. 31. MANAGERIAL POSITION REDUCTIONS.
13.27The governor must reduce the number of deputy commissioners, assistant
13.28commissioners, and positions designated as unclassified under authority of Minnesota
13.29Statutes, section 43A.08, subdivision 1a, by an amount that will generate savings to the
13.30general fund of $16,488,000 in the biennium ending June 30, 2011, and $16,488,000 in
13.31the biennium ending June 30, 2013. The commissioner of finance shall determine the
14.1costs of salaries and benefits attributable to the positions eliminated by this section, and
14.2reduce the appropriation to each affected agency accordingly.
14.5 Section 1. [3.057] ENTERPRISE SERVICES AND GOVERNMENT
14.6EFFICIENCY.
14.7The finance committee divisions in the house of representatives and the senate
14.8with jurisdiction over state government finance issues must be known as the "Enterprise
14.9Services and Government Efficiency Finance Divisions," and must conduct periodic
14.10Kaizen events to ensure that the divisions operate in a LEAN manner.
14.11 Sec. 2. Minnesota Statutes 2008, section 3.97, is amended by adding a subdivision to
14.12read:
14.13 Subd. 2a. Review of financial management and internal controls. The
14.14commission shall monitor internal control systems in state government to the extent
14.15necessary to ensure that management has established and implemented effective systems
14.16and procedures. The commission shall also review legislative auditor audits and reports
14.17and make recommendations, as the commission determines necessary, for improvements
14.18in the state's system of financial management. In furtherance of these duties, the
14.19commission shall:
14.20(1) receive reports and recommendations from the legislative auditor, the financial
14.21controls council, and from internal auditors in state agencies;
14.22(2) review significant findings and recommendations from the legislative auditor's
14.23financial audits of state agencies and from agency internal auditors, together with state
14.24agency management's responses and action plans;
14.25(3) review the scope of annual audit plans for the state's internal audit function;
14.26(4) review the qualifications, performance, and objectivity of the state's internal audit
14.27function, including the activities of the commissioner in section 16A.056;
14.28(5) review with the legislative auditor any audit problems or difficulties and
14.29management's responses, any difficulties the auditor encountered during the course of
14.30the audit work, including any restrictions on the scope of the auditor's activities or on
14.31access to requested information, and any significant disagreements between the auditor
14.32and management;
15.1(6) make recommendations to the governor and the legislature for changes in laws or
15.2policies necessary to deal with agencies that have not satisfactorily addressed repeated
15.3problems with financial controls;
15.4(7) make recommendations to the governor and the legislature for changes needed in
15.5state laws, policies, procedures, or personnel, to ensure an effective system of internal
15.6controls that safeguards public funds and assets and minimizes incidences of fraud, waste,
15.7and abuse;
15.8(8) conduct hearings as necessary regarding the effectiveness of internal control or
15.9internal audit functions of any state agency; and
15.10(9) contract with outside auditors as the commission determines is beneficial for the
15.11state's internal audit function and internal controls.
15.12 Sec. 3. Minnesota Statutes 2008, section 3.971, subdivision 6, is amended to read:
15.13 Subd. 6. Financial audits. The legislative auditor shall audit the financial
15.14statements of the state of Minnesota required by section16A.50 and, as resources permit,
15.15shall audit Minnesota State Colleges and Universities, the University of Minnesota, state
15.16agencies, departments, boards, commissions, courts, and other state organizations subject
15.17to audit by the legislative auditor, including the State Agricultural Society, Agricultural
15.18Utilization Research Institute, Enterprise Minnesota, Inc., Minnesota Historical
15.19Society, Labor Interpretive Center, Minnesota Partnership for Action Against Tobacco,
15.20Metropolitan Sports Facilities Commission, Metropolitan Airports Commission, and
15.21Metropolitan Mosquito Control District. Financial audits must be conducted according to
15.22generally accepted government auditing standards. The legislative auditor shall see that
15.23all provisions of law respecting the appropriate and economic use of public funds are
15.24complied with and may, as part of a financial audit or separately, investigate allegations of
15.25noncomplianceby employees of departments and agencies of the state government and
15.26the other organizations listed in this subdivision.
15.27 Sec. 4. Minnesota Statutes 2008, section 3.975, is amended to read:
15.283.975 DUTIES CONCERNING MISUSE OF PUBLIC MONEY OR OTHER
15.29RESOURCES.
15.30If a legislative auditor's examination discloses that a state official or employee has
15.31used money for a purpose other than the purpose for which the money was appropriated
15.32or discloses any other misuse of public money or other public resources, the legislative
15.33auditor shall file a report with the Legislative Audit Commission, the attorney general, and
15.34the appropriate county attorney. The attorney general shall seek recovery of money and
16.1other resources as the evidence may warrant. The county attorney shall cause criminal
16.2proceedings to be instituted as the evidence may warrant.
16.3EFFECTIVE DATE.This section is effective the day following final enactment.
16.4 Sec. 5. [4.041] GOVERNOR'S OFFICE BUDGET.
16.5Any personnel costs attributable to the office of the governor and the lieutenant
16.6governor must be accounted for through an appropriation to the office of the governor.
16.7The office of the governor and the lieutenant governor may not enter into agreements with
16.8other executive branch agencies under which these personnel costs are supported by
16.9appropriations to other agencies.
16.10 Sec. 6. Minnesota Statutes 2008, section 4A.02, is amended to read:
16.114A.02 STATE DEMOGRAPHER.
16.12(a) The director shall appoint a state demographer. The demographer must be
16.13professionally competent in demography and must possess demonstrated ability based
16.14upon past performance.
16.15(b) The demographer shall:
16.16(1) continuously gather and develop demographic data relevant to the state;
16.17(2) design and test methods of research and data collection;
16.18(3) periodically prepare population projections for the state and designated regions
16.19and periodically prepare projections for each county or other political subdivision of the
16.20state as necessary to carry out the purposes of this section;
16.21(4) review, comment on, and prepare analysis of population estimates and
16.22projections made by state agencies, political subdivisions, other states, federal agencies, or
16.23nongovernmental persons, institutions, or commissions;
16.24(5) serve as the state liaison with the United States Bureau of the Census, coordinate
16.25state and federal demographic activities to the fullest extent possible, and aid the
16.26legislature in preparing a census data plan and form for each decennial census;
16.27(6) compile an annual study of population estimates on the basis of county, regional,
16.28or other political or geographical subdivisions as necessary to carry out the purposes of
16.29this section and section4A.03 ;
16.30(7) by January 1 of each year, issue a report to the legislature containing an analysis
16.31of the demographic implications of the annual population study and population projections;
16.32(8) prepare maps for all counties in the state, all municipalities with a population
16.33of 10,000 or more, and other municipalities as needed for census purposes, according to
17.1scale and detail recommended by the United States Bureau of the Census, with the maps
17.2of cities showing precinct boundaries;
17.3(9) prepare an estimate of population and of the number of households for each
17.4governmental subdivision for which the Metropolitan Council does not prepare an annual
17.5estimate, and convey the estimates to the governing body of each political subdivision
17.6by June 1 of each year;
17.7(10) direct, under section414.01, subdivision 14 , and certify population and
17.8household estimates of annexed or detached areas of municipalities or towns after being
17.9notified of the order or letter of approval by the chief administrative law judge of the
17.10State Office of Administrative Hearings;
17.11(11) prepare, for any purpose for which a population estimate is required by law
17.12or needed to implement a law, a population estimate of a municipality or town whose
17.13population is affected by action under section379.02 or
414.01, subdivision 14 ; and
17.14(12) prepare an estimate of average household size for each statutory or home rule
17.15charter city with a population of 2,500 or more by June 1 of each year.
17.16(c) A governing body may challenge an estimate made under paragraph (b) by filing
17.17their specific objections in writing with the state demographer by June 24. If the challenge
17.18does not result in an acceptable estimate, the governing body may have a special census
17.19conducted by the United States Bureau of the Census. The political subdivision must
17.20notify the state demographer by July 1 of its intent to have the special census conducted.
17.21The political subdivision must bear all costs of the special census. Results of the special
17.22census must be received by the state demographer by the next April 15 to be used in that
17.23year's June 1 estimate to the political subdivision under paragraph (b).
17.24(d) The state demographer shall certify the estimates of population and household
17.25size to the commissioner of revenue by July 15 each year, including any estimates still
17.26under objection.
17.27(e) The state demographer shall release a demographic forecast in conjunction with
17.28the commissioner of finance and the November state economic forecast.
17.29 Sec. 7. Minnesota Statutes 2008, section 5A.03, is amended to read:
17.305A.03 ORGANIZATION APPLICATION FOR REGISTRATION.
17.31(a) An application for registration as an international student exchange visitor
17.32placement organization must be submitted in the form prescribed by the secretary of
17.33state. The application must include:
17.34(1) evidence that the organization meets the standards established by the secretary of
17.35state by rule;
18.1(2) the name, address, and telephone number of the organization, its chief executive
18.2officer, and the person within the organization who has primary responsibility for
18.3supervising placements within the state;
18.4(3) the organization's unified business identification number, if any;
18.5(4) the organization's United States Information Agency number, if any;
18.6(5) evidence of Council on Standards for International Educational Travel listing, if
18.7any;
18.8(6) whether the organization is exempt from federal income tax; and
18.9(7) a list of the organization's placements in Minnesota for the previous academic
18.10year including the number of students placed, their home countries, the school districts in
18.11which they were placed, and the length of their placements.
18.12(b) The application must be signed by the chief executive officer of the organization
18.13and the person within the organization who has primary responsibility for supervising
18.14placements within Minnesota. If the secretary of state determines that the application is
18.15complete, the secretary of state shall file the application and the applicant is registered.
18.16(c) Organizations that have registered shall inform the secretary of state of any
18.17changes in the information required under paragraph (a), clause (1), within 30 days of the
18.18change. There is no fee to amend a registration.
18.19(d) Registration under this chapter is valid for one year. The registration may be
18.20renewed annually. The fee to renew a registration is $50 per year.
18.21(e) Organizations registering for the first time in Minnesota must pay an initial
18.22registration fee of $150.
18.23(f) Fees collected by the secretary of state under this section must be deposited in
18.24the state treasury and credited to the general fund and are added to the appropriation from
18.25which registration costs are paid as a nondedicated receipt.
18.26 Sec. 8. Minnesota Statutes 2008, section 10.43, is amended to read:
18.2710.43 TELEPHONE USE; APPROVAL.
18.28(a) Each representative, senator, constitutional officer, judge, and head of a state
18.29department or agency shall sign the person's monthly long-distance telephone bills paid
18.30by the state as evidence of the person's approval of each bill. This signature requirement
18.31does not apply to a month in which the person's long-distance phone bill paid by the
18.32state is less than $5.
18.33(b) Even if the monthly long-distance phone bill paid by the state for a person
18.34subject to this section is less than $5, the person is responsible for paying that portion of
19.1the bill that does not relate to state business. As provided in section 10.46, long-distance
19.2telephone bills paid by the state are public data, regardless of the amount of the bills.
19.3EFFECTIVE DATE.This section is effective for telephone bills for usage on or
19.4after July 1, 2009.
19.5 Sec. 9. [10.49] NAMING.
19.6 Laws must not be named for living people, and laws may not name councils,
19.7buildings, roads, or other facilities or entities after living people.
19.8 Sec. 10. Minnesota Statutes 2008, section 10.60, subdivision 2, is amended to read:
19.9 Subd. 2. Purpose of Web site and publications. The purpose of a Web site and
19.10a publication publications must be to provide information about the duties and jurisdiction
19.11of a state agency or political subdivisionor and to facilitate access to public services and
19.12information related to the responsibilities or functions of the state agency or political
19.13subdivision.
19.14 Sec. 11. Minnesota Statutes 2008, section 10.60, is amended by adding a subdivision to
19.15read:
19.16 Subd. 2a. Contact information. The home page of a Web site maintained by
19.17a state agency must prominently display an e-mail address at which the agency may be
19.18contacted and a telephone number that will be answered by a human being to the greatest
19.19extent possible, located in Minnesota, during normal business hours. A state agency must
19.20comply with the requirements of this subdivision with existing resources.
19.21 Sec. 12. Minnesota Statutes 2008, section 10A.31, subdivision 4, is amended to read:
19.22 Subd. 4. Appropriation. (a) The amounts designated by individuals for the state
19.23elections campaign fund, less three percent, are appropriated from the general fund, must
19.24be transferred and credited to the appropriate account in the state elections campaign fund,
19.25and are annually appropriated for distribution as set forth in subdivisions 5, 5a, 6, and 7.
19.26The remaining three percent must be kept in the general fund for administrative costs.
19.27(b) In addition to the amounts in paragraph (a),$1,250,000 $1,020,000 for each
19.28general election is appropriated from the general fund for transfer to the general account
19.29of the state elections campaign fund.
19.30In addition, $50,000 each fiscal year is appropriated from the general fund to the
19.31Campaign Finance and Public Disclosure Board to supplement its operating budget.
20.1Amounts remaining unspent at the end of the biennium must be transferred and canceled
20.2to the general account of the state elections campaign fund.
20.3Of this appropriation, $65,000 each fiscal year must be set aside to pay assessments
20.4made by In addition, $130,000 for each two-year period beginning on July 1 of each
20.5odd-numbered year is appropriated from the general fund to the Office of Administrative
20.6Hearings to perform its duties under section211B.37 . Amounts remaining after all
20.7assessments have been paid must be canceled to the general account of the state elections
20.8campaign fund.
20.9 Sec. 13. Minnesota Statutes 2008, section 11A.07, subdivision 4, is amended to read:
20.10 Subd. 4. Duties and powers. The director, at the direction of the state board, shall:
20.11(1) plan, direct, coordinate, and execute administrative and investment functions
20.12in conformity with the policies and directives of the state board and the requirements of
20.13this chapter and of chapter 356A;
20.14(2) prepare and submit biennial and annual budgets to the board and with the
20.15approval of the board submit the budgets to the Department of Finance;
20.16(3) employ professional and clerical staff as necessary. Employees whose primary
20.17responsibility is to invest or manage money or employees who hold positions designated
20.18as unclassified under section43A.08, subdivision 1a , are in the unclassified service of the
20.19state. Other employees are in the classified service. Unclassified employees who are
20.20not covered by a collective bargaining agreement are employed under the terms and
20.21conditions of the compensation plan approved under section43A.18, subdivision 3b ;
20.22(4) report to the state board on all operations under the director's control and
20.23supervision;
20.24(5) maintain accurate and complete records of securities transactions and official
20.25activities;
20.26(6) establish a policy relating to the purchase and sale of securities on the basis of
20.27competitive offerings or bids. The policy is subject to board approval;
20.28(7) cause securities acquired to be kept in the custody of the commissioner of finance
20.29or other depositories consistent with chapter 356A, as the state board deems appropriate;
20.30(8) prepare and file with the director of the Legislative Reference Library, by
20.31December 31 of each year, a report summarizing the activities of the state board, the
20.32council, and the director during the preceding fiscal year. The report must be prepared
20.33so as to provide the legislature and the people of the state with a clear, comprehensive
20.34summary of the portfolio composition, the transactions, the total annual rate of return,
20.35and the yield to the state treasury and to each of the funds whose assets are invested by
21.1the state board, and the recipients of business placed or commissions allocated among
21.2the various commercial banks, investment bankers, money managers, and brokerage
21.3organizations and the amount of these commissions or other fees. The report must contain
21.4financial statements for funds managed by the board prepared in accordance with generally
21.5accepted accounting principles. The report must include an executive summary;
21.6(9) include on the state board's Web site its annual and quarterly reports, including
21.7executive summaries;
21.8(9) (10) require state officials from any department or agency to produce and provide
21.9access to any financial documents the state board deems necessary in the conduct of
21.10its investment activities;
21.11(10) (11) receive and expend legislative appropriations; and
21.12(11) (12) undertake any other activities necessary to implement the duties and
21.13powers set forth in this subdivision consistent with chapter 356A.
21.14 Sec. 14. Minnesota Statutes 2008, section 13.64, is amended to read:
21.1513.64 DEPARTMENT OFADMINISTRATION FINANCE DATA.
21.16(a) Notes and preliminary drafts of reports created, collected, or maintained by the
21.17Management Analysis Division, Department ofAdministration finance, and prepared
21.18during management studies, audits, reviews, consultations, or investigations are classified
21.19as confidential or protected nonpublic data until the final report has been published or
21.20preparation of the report is no longer being actively pursued.
21.21(b) Data that support the conclusions of the report and that the commissioner of
21.22administration finance reasonably believes will result in litigation are confidential or
21.23protected nonpublic until the litigation has been completed or until the litigation is no
21.24longer being actively pursued.
21.25(c) Data on individuals that could reasonably be used to determine the identity of an
21.26individual supplying data for a report are private if:
21.27(1) the data supplied by the individual were needed for a report; and
21.28(2) the data would not have been provided to the Management Analysis Division
21.29without an assurance to the individual that the individual's identity would remain private,
21.30or the Management Analysis Division reasonably believes that the individual would not
21.31have provided the data.
21.32 Sec. 15. [15B.055] PARKING SPACES.
21.33To provide the public with greater access to legislative proceedings, all parking
21.34spaces on Aurora Avenue in front of the Capitol building must be reserved for the public.
22.1 Sec. 16. [15C.01] DEFINITIONS.
22.2 Subdivision 1. Scope. For purposes of this chapter, the terms in this section have
22.3the meanings given them.
22.4 Subd. 2. Claim. "Claim" includes any request or demand, whether under a contract
22.5or otherwise, for money or property which is made to a contractor, grantee, or other
22.6recipient if the state has provided or will provide any portion of the money or property
22.7which is requested or demanded, or if the state has reimbursed or will reimburse the
22.8contractor, grantee, or other recipient for any portion of the money or property which is
22.9requested or demanded.
22.10 Subd. 3. Knowing and knowingly. "Knowing" and "knowingly" mean that a
22.11person, with respect to information:
22.12 (1) has actual knowledge of the information;
22.13(2) acts in deliberate ignorance of the truth or falsity of the information; or
22.14 (3) acts in reckless disregard of the truth or falsity of the information.
22.15No proof of specific intent to defraud is required.
22.16 Subd. 4. Original source. "Original source" means a person who has direct and
22.17independent knowledge of information which is probative of any essential element of the
22.18allegations in an action brought pursuant to this section which was not obtained from a
22.19public source and who either voluntarily provided the information to the state before
22.20bringing an action based on the information or whose information provided the basis for
22.21or caused an investigation, hearing, audit, or report that led to the public disclosure of the
22.22allegations or transactions upon which an action brought pursuant to this section is based.
22.23 Subd. 5. Person. "Person" means any natural person, partnership, corporation,
22.24association or other legal entity, including the state and any department, agency, or
22.25political subdivision of the state.
22.26 Subd. 6. State. "State" means the state of Minnesota and includes any department,
22.27agency, or political subdivision of the state.
22.28 Sec. 17. [15C.02] LIABILITY FOR CERTAIN ACTS.
22.29 Subdivision 1. Liability. (a) Any person who commits any of the acts in clauses (1)
22.30to (8) is liable to the state for a civil penalty of not less than $5,000 and not more than
22.31$10,000 per false claim, plus three times the amount of damages which the state sustains
22.32because of the act of that person, except as otherwise provided in paragraph (b):
22.33 (1) knowingly presents, or causes to be presented, to an officer or employee of the
22.34state of Minnesota a false or fraudulent claim for payment or approval;
23.1 (2) knowingly makes or uses, or causes to be made or used, a false record or
23.2statement to get a false or fraudulent claim paid or approved by the state;
23.3 (3) knowingly conspires to either present a false or fraudulent claim to the state for
23.4payment or approval or make, use, or cause to be made or used a false record or statement
23.5to obtain payment or approval of a false or fraudulent claim;
23.6 (4) has possession, custody, or control of public property or money used, or to be
23.7used, by the state and knowingly delivers or causes to be delivered to the state less money
23.8or property than the amount for which the person receives a receipt;
23.9 (5) is authorized to prepare or deliver a receipt for money or property used, or to
23.10be used, by the state and knowingly prepares or delivers a receipt that falsely represents
23.11the money or property;
23.12 (6) knowingly buys, or receives as a pledge of an obligation or debt, public property
23.13from an officer or employee of the state who lawfully may not sell or pledge the property;
23.14or
23.15 (7) knowingly makes or uses, or causes to be made or used, a false record or
23.16statement to conceal, avoid, or decrease an obligation to pay or transmit money or
23.17property to the state.
23.18 (b) The court may assess not less than two times the amount of damages which the
23.19state sustains because of the act of the person if:
23.20 (1) the person committing a violation under paragraph (a) furnished officials of the
23.21state responsible for investigating the false claims violations with all information known
23.22to the person about the violation within 30 days after the date on which the defendant first
23.23obtained the information;
23.24 (2) the person fully cooperated with any state investigation of the violation; and
23.25 (3) at the time the person furnished the state with information about the violation,
23.26no criminal prosecution, civil action, or administrative action had commenced under this
23.27section with respect to the violation, and the person did not have actual knowledge of the
23.28existence of an investigation into the violation.
23.29 (c) A person violating this section is also liable to the state for the costs of a civil
23.30action brought to recover any penalty or damages.
23.31 Subd. 2. Right to cure. A person is not liable under this section for mere
23.32inadvertence or mistake with respect to activities involving a false or fraudulent claim.
23.33 Sec. 18. [15C.03] EXCLUSION.
23.34 This chapter does not apply to claims, records, or statements made under portions
23.35of Minnesota Statutes relating to taxation.
24.1 Sec. 19. [15C.04] RESPONSIBILITIES OF ATTORNEY GENERAL.
24.2 The attorney general may investigate violations of section 15C.02. If the attorney
24.3general finds that a person has violated or is violating section 15C.02, the attorney general
24.4may bring a civil action under this section against the person to enjoin any act in violation
24.5of section15C.02 and to recover damages and penalties.
24.6 Sec. 20. [15C.05] PRIVATE REMEDIES; COMPLAINT UNDER SEAL; COPY
24.7OF COMPLAINT AND WRITTEN DISCLOSURE OF EVIDENCE TO BE SENT
24.8TO ATTORNEY GENERAL.
24.9 (a) Except as otherwise provided in this section, a person may maintain an action
24.10pursuant to this section on the person's own account and that of the state if money,
24.11property, or services provided by the state are involved; the person's own account and
24.12that of a political subdivision if money, property, or services provided by the political
24.13subdivision are involved; or on the person's own account and that of both the state and a
24.14political subdivision if both are involved. After such an action is commenced, it may be
24.15voluntarily dismissed only if the court and the attorney general give written consent to the
24.16dismissal and their reasons for consenting.
24.17 (b) If an action is brought pursuant to this section, no other person may bring
24.18another action pursuant to this section based on the same facts which are the subject of
24.19the pending action.
24.20 (c) An action may not be maintained by a person pursuant to this section:
24.21(1) against the legislature, the judiciary, an executive department of the state, or a
24.22political subdivision, and their members or employees;
24.23 (2) if the action is based upon allegations or transactions that are the subject of a
24.24civil action or an administrative proceeding for a monetary penalty to which the state or a
24.25political subdivision of the state is already a party; or
24.26 (3) unless the action is brought by an original source of the information or the
24.27attorney general initiates or intervenes in the action, if the action is based upon the public
24.28disclosure of allegations or transactions: (i) in a criminal, civil, or administrative hearing;
24.29(ii) in an investigation, report, hearing, or audit conducted by or at the request of the house
24.30of representatives or the senate; (iii) by an auditor or the governing body of a political
24.31subdivision; or (iv) from the news media.
24.32 (d) A complaint in an action pursuant to this section must be commenced by filing
24.33the complaint with the court in camera, and the court must place it under seal for at least
24.3460 days. No service may be made upon the defendant until the complaint is unsealed.
25.1 (e) If a complaint is filed under this section, the plaintiff shall serve a copy of the
25.2complaint on the attorney general in accordance with the Minnesota Rules of Civil
25.3Procedure and shall also serve at the same time a written disclosure of substantially all
25.4material evidence and information the plaintiff possesses.
25.5 Sec. 21. [15C.06] ATTORNEY GENERAL INTERVENTION; MOTION TO
25.6EXTEND TIME; UNSEALING OF COMPLAINT.
25.7 (a) Within 60 days after receiving a complaint and disclosure pursuant to section
25.815C.05, the attorney general shall intervene or decline intervention or, for good cause
25.9shown, move the court to extend the time for doing so. The motion may be supported by
25.10affidavits or other submissions in chambers.
25.11 (b) The complaint must be unsealed after the attorney general decides whether
25.12or not to intervene.
25.13 (c) Notwithstanding the attorney general's decision regarding intervention in an
25.14action brought by a plaintiff under section 15C.05, the attorney general may pursue the
25.15claim through any alternate remedy available to the state, including any administrative
25.16proceeding to determine a civil money penalty. If the attorney general pursues any such
25.17alternate remedy in another proceeding, the person initiating the action has the same rights
25.18in that proceeding as if the action had continued under section 15C.05. Any finding of fact
25.19or conclusion of law made in the other proceeding that has become final is conclusive on
25.20all parties to an action under section 15C.05. For purposes of this paragraph, a finding
25.21or conclusion is final if it has been finally determined on appeal to the appropriate state
25.22court, if the time for filing an appeal has expired, or if the finding or conclusion is not
25.23subject to judicial review.
25.24 Sec. 22. [15C.07] SERVICE OF UNSEALED COMPLAINT AND RESPONSE
25.25BY DEFENDANT.
25.26 When unsealed, the complaint shall be served on the defendant pursuant to Rule 3 of
25.27the Minnesota Rules of Civil Procedure.
25.28 The defendant must respond to the complaint within 20 days after it is served on
25.29the defendant.
25.30 Sec. 23. [15C.08] ATTORNEY GENERAL AND PRIVATE PARTY ROLES.
25.31 (a) Except as otherwise provided by this section, if the attorney general does not
25.32intervene at the outset in an action brought by a person pursuant to section 15C.05, the
25.33person has the same rights in conducting the action as the attorney general would have
26.1had. A copy of each pleading or other paper filed in the action, and a copy of the transcript
26.2of each deposition taken, must be mailed to the attorney general if the attorney general
26.3so requests and pays the cost of doing so.
26.4 (b) If the attorney general elects not to intervene at the outset in the action, the
26.5attorney general may intervene subsequently, upon timely application and good cause
26.6shown. If the attorney general so intervenes, the attorney general subsequently has
26.7primary responsibility for conducting the action.
26.8 (c) If the attorney general elects at the outset of the action to intervene, the attorney
26.9general has the primary responsibility for prosecuting the action. The person who initially
26.10brought the action remains a party, but the person's acts do not bind the attorney general.
26.11 (d) Whether or not the attorney general intervenes in the action, the attorney general
26.12may move to dismiss the action for good cause. The person who brought the action must
26.13be notified of the filing of the motion and may oppose it and present evidence at the
26.14hearing. The attorney general may also settle the action. If the attorney general intends to
26.15settle the action, the attorney general shall notify the person who brought the action. The
26.16state may settle the action with the defendant notwithstanding the objections of the person
26.17initiating the action if the court determines, after a hearing, that the proposed settlement
26.18is fair, adequate, and reasonable under all the circumstances. Upon a showing of good
26.19cause, such a hearing may be held in camera.
26.20 Sec. 24. [15C.09] STAY OF DISCOVERY; EXTENSION.
26.21 (a) The court may stay discovery by a person who brought an action under section
26.2215C.05 for not more than 60 days if the attorney general shows that the proposed discovery
26.23would interfere with the investigation or prosecution of a civil or criminal matter arising
26.24out of the same facts, whether or not the attorney general participates in the action.
26.25 (b) The court may extend the stay upon a further showing that the attorney general
26.26has pursued the civil or criminal investigation or proceeding with reasonable diligence and
26.27that the proposed discovery would interfere with its continuation.
26.28 (c) Discovery may not be stayed for a total of more than six months over the
26.29objection of the person who brought the action, except for good cause shown by the
26.30attorney general.
26.31 (d) A showing made pursuant to this section must be made in chambers.
26.32 Sec. 25. [15C.10] COURT-IMPOSED LIMITATION UPON PARTICIPATION
26.33OF PRIVATE PLAINTIFF IN ACTION.
27.1 Upon a showing by the attorney general in an action in which the attorney general
27.2has intervened that unrestricted participation by a person under this chapter would
27.3interfere with or unduly delay the conduct of the action, or would be repetitious, irrelevant,
27.4or solely for harassment, the court may limit the person's participation by, among other
27.5measures, limiting the number of witnesses, the length of the testimony of the witnesses,
27.6or the cross-examination of witnesses by the person.
27.7 Sec. 26. [15C.11] LIMITATION OF ACTIONS; REMEDIES.
27.8 (a) An action pursuant to this chapter may not be commenced more than three years
27.9after the date of discovery of the fraudulent activity by the attorney general or more than
27.10six years after the fraudulent activity occurred, whichever occurs last, but in no event more
27.11than ten years after the date on which the violation is committed.
27.12 (b) A finding of guilt in a criminal proceeding charging false statement or fraud,
27.13whether upon a verdict of guilty or a plea of guilty or nolo contendere, stops the person
27.14found guilty from denying an essential element of that offense in an action pursuant to this
27.15chapter based upon the same transaction as the criminal proceeding.
27.16(c) In any action under this chapter, the state and any qui tam plaintiff must prove
27.17all essential elements of the cause of action, including damages, by a preponderance of
27.18the evidence.
27.19 Sec. 27. [15C.12] AWARD OF EXPENSES AND ATTORNEY FEES.
27.20 If the attorney general or a person who brought an action under section15C.05
27.21prevails in or settles an action pursuant to this chapter, the court may authorize the person
27.22to recover reasonable costs, reasonable attorney fees, and the reasonable fees of expert
27.23consultants and expert witnesses. Those expenses must be awarded against the defendant,
27.24and may not be allowed against the state or a political subdivision. If the attorney general
27.25does not intervene in the action and the person bringing the action conducts the action, and
27.26if the defendant prevails in the action, the court shall award to the defendant reasonable
27.27expenses and attorney fees against the party or parties who participated in the action if
27.28it finds that the action was clearly frivolous or vexatious or brought in substantial part
27.29for harassment.
27.30 Sec. 28. [15C.13] DISTRIBUTION TO PRIVATE PLAINTIFF IN CERTAIN
27.31ACTIONS.
27.32 If the attorney general intervenes at the outset in an action brought by a person
27.33under section 15C.05, the person shall receive not less than 15 percent or more than 25
28.1percent of any recovery in proportion to the person's contribution to the conduct of the
28.2action. If the attorney general does not intervene in the action at the outset, the person is
28.3entitled to receive not less than 25 percent or more than 30 percent of any recovery of
28.4the civil penalty and damages, or settlement, as the court determines to be reasonable.
28.5For recoveries whose distribution is governed by federal code or rule, the basis for
28.6calculating the portion of the recovery the person is entitled to receive shall not include
28.7such amounts reserved for distribution to the federal government or designated in their
28.8use by such federal code or rule.
28.9 Sec. 29. [15C.14] EMPLOYER RESTRICTIONS; LIABILITY.
28.10 (a) An employer shall not adopt or enforce any rule or policy forbidding an employee
28.11to disclose information to the state, a political subdivision, or a law enforcement agency,
28.12or to act in furtherance of an action pursuant to this chapter, including investigation for
28.13bringing or testifying in such an action.
28.14 (b) An employer shall not discharge, demote, suspend, threaten, harass, deny
28.15promotion to, or otherwise discriminate against an employee in the terms or conditions
28.16of employment because of lawful acts done by the employee on the employee's behalf
28.17or on behalf of others in disclosing information to the state, a political subdivision, or a
28.18law enforcement agency in furtherance of an action pursuant to this chapter, including
28.19investigation for bringing or testifying in such an action.
28.20 (c) An employer who violates this section is liable to the affected employee in a civil
28.21action for damages and other relief, including reinstatement, twice the amount of lost
28.22compensation, interest on the lost compensation, any special damage sustained as a result
28.23of the discrimination, and punitive damages if appropriate. The employer is also liable for
28.24expenses recoverable pursuant to section15C.12 , including costs and attorney fees.
28.25 Sec. 30. [16A.0115] NAME.
28.26The commissioner of finance and the Department of Finance may not be identified
28.27by a title or name other than the title and name assigned by law. The Commissioner
28.28must ensure that the department's documents, publications, and Web site comply with
28.29this section.
28.30 Sec. 31. Minnesota Statutes 2008, section 16A.055, subdivision 1, is amended to read:
28.31 Subdivision 1. List. (a) The commissioner shall:
28.32(1) receive and record all money paid into the state treasury and safely keep it until
28.33lawfully paid out;
29.1(2) manage the state's financial affairs;
29.2(3) keep the state's general account books according to generally accepted
29.3government accounting principles;
29.4(4) keep expenditure and revenue accounts according to generally accepted
29.5government accounting principles;
29.6(5) develop, provide instructions for, prescribe, and manage a state uniform
29.7accounting system; and
29.8(6) provide to the state the expertise to ensure that all state funds are accounted for
29.9under generally accepted government accounting principles; and.
29.10(7) coordinate the development of, and maintain standards for, internal auditing in
29.11state agencies and, in cooperation with the commissioner of administration, report to the
29.12legislature and the governor by January 31 of odd-numbered years, on progress made.
29.13(b) In addition to the duties in paragraph (a), the commissioner has the powers and
29.14duties given to the commissioner in chapter 43A.
29.15 Sec. 32. Minnesota Statutes 2008, section 16A.055, is amended by adding a
29.16subdivision to read:
29.17 Subd. 1a. Additional duties. The commissioner may assist state agencies by
29.18providing analytical, statistical, and organizational development services to state agencies
29.19in order to assist the agency to achieve the agency's mission and to operate efficiently
29.20and effectively.
29.21 Sec. 33. [16A.056] WEB SITE WITH SEARCHABLE DATABASE ON STATE
29.22EXPENDITURES.
29.23 Subdivision 1. Web database requirement. The commissioner, in consultation
29.24with the commissioners of administration and revenue, must maintain a Web site with
29.25a searchable database providing the public with information on state contracts, state
29.26appropriations, state expenditures, and state tax expenditures. For each data field identified
29.27in subdivisions 2 to 5, the searchable database must allow a user of the Web site to:
29.28(1) perform a search using that field;
29.29(2) sort by that field;
29.30(3) obtain information grouped or aggregated by that field, where groups or subtotals
29.31are feasible; and
29.32(4) view information in that field by each fiscal year or an aggregation of fiscal years.
29.33 Subd. 2. Contracts. (a) The searchable database on the Web site must include
29.34at least the following data fields:
30.1(1) the name of the entity receiving the contract;
30.2(2) the name of the agency entering into the contract;
30.3(3) an indication if the contract is for (i) goods; (ii) professional or technical services;
30.4(iii) services other than professional and technical services; or (iv) a grant; and
30.5(4) the fund or funds from which the entity receiving the contract will be paid.
30.6(b) For each contract, the database must also include:
30.7(1) an address for each entity receiving a contract; and
30.8(2) a brief statement of the purpose of the contract or grant.
30.9(c) Information on a new contract or grant must be entered into the database within
30.1030 days of the time the contract or grant is entered into.
30.11(d) For purposes of this section, a "grant" is a contract between a state agency and
30.12a recipient, the primary purpose of which is to transfer cash or a thing of value to the
30.13recipient to support a public purpose. Grant does not include payments to units of local
30.14governments, payments to state employees, or payments made under laws providing for
30.15assistance to individuals.
30.16 Subd. 3. Appropriations. The searchable database on the Web site must include
30.17at least the following data fields on state appropriations:
30.18(1) the agency receiving the appropriation, or the name of the nonstate entity
30.19receiving the appropriation;
30.20(2) the agency program, to the extent applicable;
30.21(3) the agency activity, to the extent applicable;
30.22(4) an item within an activity if applicable;
30.23(5) the fund from which the appropriation is made; and
30.24(6) the object of expenditure.
30.25 Subd. 4. State expenditures. The searchable database on the Web site must include
30.26at least the following data fields on state expenditures:
30.27(1) the agency making the expenditure, or the name of the nonstate entity making
30.28the appropriation;
30.29(2) the agency program, to the extent applicable;
30.30(3) the agency activity, to the extent applicable;
30.31(4) an item within an activity if applicable;
30.32(5) the fund from which the expenditure is made; and
30.33(6) the object of expenditure.
30.34 Subd. 5. Tax expenditures. The Web site must include a searchable database of
30.35state tax expenditures. For each fiscal year, the database must include data fields showing
31.1the estimated impact on state revenues of each tax expenditure item listed in the report
31.2prepared under section 270C.11.
31.3 Subd. 6. Retention of data. The database required under this section must include
31.4information beginning with fiscal year 2010 funds and must retain data for at least ten
31.5years.
31.6 Subd. 7. Consultation. The commissioner of finance must consult with the
31.7chairs of the house of representatives Ways and Means and senate Finance Committees
31.8before encumbering any funds appropriated on or after July 1, 2009, for the planning,
31.9development, and implementation of state accounting or procurement systems. No funds
31.10appropriated for these purposes may be spent unless the commissioner certifies that the
31.11systems will allow compliance with requirements of this section.
31.12 Sec. 34. [16A.057] INTERNAL CONTROLS AND INTERNAL AUDITING.
31.13 Subdivision 1. Establishment of system. The commissioner is responsible for
31.14the system of internal controls across the executive branch. The commissioner must
31.15coordinate the design, implementation, and maintenance of an effective system of internal
31.16controls and internal auditing for all executive agencies. The system must:
31.17(1) safeguard public funds and assets and minimize incidences of fraud, waste,
31.18and abuse;
31.19(2) ensure that programs are administered in compliance with federal and state
31.20laws and rules;
31.21(3) require documentation of internal control procedures over financial management
31.22activities, provide for analysis of risks, and provide for periodic evaluation of control
31.23procedures to satisfy the commissioner that these procedures are adequately designed,
31.24properly implemented, and functioning effectively; and
31.25(4) provide for periodic internal audit of major systems and controls, including
31.26accounting systems and controls; administrative systems and controls; and, in conjunction
31.27with the Office of Enterprise Technology, information and telecommunications technology
31.28systems and controls.
31.29 Subd. 2. Standards. The commissioner must adopt internal control standards
31.30and policies that agencies must follow to meet the requirements of subdivision 1. These
31.31standards and policies may include separation of duties, safeguarding receipts, time entry,
31.32approval of travel, and other topics the commissioner determines are necessary to comply
31.33with subdivision 1.
31.34 Subd. 3. Training and assistance. The commissioner shall coordinate training
31.35for accounting personnel and financial managers in state agencies on internal controls
32.1as necessary to ensure financial integrity in the state's financial transactions. The
32.2commissioner shall provide internal control support to agencies that the commissioner
32.3determines need this assistance.
32.4 Subd. 4. Sharing internal audit resources. The commissioner must administer a
32.5program for sharing internal auditors among executive agencies that do not have their own
32.6internal auditors and for assembling interagency teams of internal auditors as necessary.
32.7 Subd. 5. Monitoring Office of the Legislative Auditor audits. The commissioner
32.8must review audit reports from the Office of the Legislative Auditor and take appropriate
32.9steps to address internal control problems found in executive agencies.
32.10 Subd. 6. Budget for internal controls. The commissioner of finance may require
32.11that each executive agency spend a specified percentage of its operating budget on internal
32.12control systems. The commissioner of finance may require that an agency transfer a
32.13portion of its operating budget to the commissioner to pay for internal control functions
32.14performed by the commissioner.
32.15 Subd. 7. Annual report. The commissioner must report to the legislature and the
32.16governor by January 31 of each odd-numbered year on the system of internal controls
32.17and internal auditing in executive agencies.
32.18 Subd. 8. Agency head responsibilities. The head of each executive agency is
32.19responsible for designing, implementing, and maintaining an effective internal control
32.20system within the agency that complies with the requirements of subdivision 1, clauses (1)
32.21to (4). The head of each executive agency must annually certify that the agency head has
32.22reviewed the agency's internal control systems, and that these systems are in compliance
32.23with standards and policies established by the commissioner. The agency head must
32.24submit the signed certification form to the commissioner of finance, in a form specified by
32.25the commissioner.
32.26 Subd. 9. State colleges and universities. This section does not apply to the
32.27Minnesota state colleges and universities system.
32.28 Sec. 35. [16A.058] FINANCIAL CONTROLS COUNCIL.
32.29 Subdivision 1. Membership. The executive council shall appoint a five-member
32.30financial controls council. Members must have public or private sector experience in
32.31internal control issues. The council shall annually elect a chair and vice-chair from
32.32among its members.
32.33 Subd. 2. Duties. (a) The council shall advise the commissioner of finance, the
32.34governor, the Legislative Audit Commission, and the legislature on the system of internal
32.35controls for executive agencies. In performing this duty, the council shall:
33.1(1) review audits and other reports of the Office of the Legislative Auditor and
33.2from internal auditors in executive agencies;
33.3(2) review the state's system of internal controls and make recommendations for
33.4changes in practices of specific executive agencies or on general changes needed in state
33.5laws, procedures, or policies;
33.6(3) recommend guidelines and best practices to produce an effective system of
33.7internal controls;
33.8(4) recommend the number of internal audit employees required for executive
33.9agencies, individually and in total; and
33.10(5) review and comment on the performance of the commissioner of finance in
33.11carrying out duties under section 16A.057.
33.12(b) The council may:
33.13(1) require reports from any executive agency relative to an internal control or
33.14an internal audit matter;
33.15(2) receive and review reports from internal auditors in executive agencies;
33.16(3) conduct hearings relative to attempts to interfere with, compromise, or intimidate
33.17an internal auditor; and
33.18(4) conduct hearings on the effectiveness of internal control or internal audit
33.19functions within an executive agency.
33.20 Subd. 3. Terms; compensation; removal; vacancies; expiration. The membership
33.21terms, compensation, removal of members, and filling of vacancies shall be as provided in
33.22section 15.059, except that council members shall not receive a per diem. The council is
33.23not subject to the expiration date provisions of section 15.059.
33.24 Subd. 4. Administrative support. The commissioner of finance shall provide
33.25administrative support to the council upon request of its chair.
33.26 Subd. 5. MnSCU. The Minnesota State Colleges and Universities system is not an
33.27executive agency for purposes of this section.
33.28 Sec. 36. Minnesota Statutes 2008, section 16A.11, is amended by adding a subdivision
33.29to read:
33.30 Subd. 3d. Information technology budget proposals. A proposal in the detailed
33.31budget documents for a new investment in information technology systems or equipment
33.32costing $100,000 or more must request that money for the system or equipment be
33.33appropriated to the Office of Enterprise Technology.
33.34 Sec. 37. Minnesota Statutes 2008, section 16A.126, subdivision 1, is amended to read:
34.1 Subdivision 1. Set rates. The commissioner shall approve the rates an agency must
34.2pay to a revolving fund for services. Funds subject to this subdivision include, but are
34.3not limited to, the revolving funds established in sections 4A.05; 14.46; 14.53; 16B.48;
34.416B.54; 16B.58; 16B.85; 16C.03, subdivision 11; 16E.14; 43A.55; and 176.591; and the
34.5fund established in section 43A.30.
34.6 Sec. 38. Minnesota Statutes 2008, section 16A.133, subdivision 1, is amended to read:
34.7 Subdivision 1. Payroll direct deposit and deductions. An agency head in the
34.8executive, judicial, and legislative branch shall, upon written request signed by an
34.9employee, directly deposit all or part of an employee's pay to those credit unions or
34.10financial institutions, as defined in section47.015 , designated by the employee.
34.11An agency headmay must, upon written request of an employee, deduct from the
34.12pay of the employee a requested amount to be paid to the Minnesota Benefit Association,
34.13or to anyorganization organizations contemplated by section
179A.06 , of which the
34.14employee is a member.If an employee has more than one account with the Minnesota
34.15Benefit Association or more than one organization under section
179A.06, only the
34.16Minnesota Benefit Association and one organization, as defined under section
179A.06,
34.17may be paid money by payroll deduction from the employee's pay.
34.18 Sec. 39. Minnesota Statutes 2008, section 16A.139, is amended to read:
34.1916A.139 MISAPPROPRIATION OF MONEY.
34.20It is illegal for any (a) No official or head of any state department in the executive,
34.21legislative, or judicial branches, or any employeethereof of a state department in those
34.22branches,to may intentionally use moneys money appropriated by law, or fees collected
34.23knowing that the use is forany other a purpose other than the purpose for which the
34.24moneys have been money was appropriated, and any such act by any. Unless a greater
34.25penalty is specified elsewhere in law, a person who violates this paragraph is guilty of a
34.26gross misdemeanor.
34.27(b) A violation of paragraph (a) by a head of a department, or any state official, is
34.28cause for immediate removal of the official or head of a state department from the position
34.29held with the government of this state. A criminal conviction under paragraph (a) is not a
34.30prerequisite for removal. This paragraph does not apply to a judge, a constitutional officer,
34.31or a legislator, except as potential grounds for expulsion, impeachment, or recall in the
34.32manner specified in article IV, section 7, and article VIII of the Minnesota Constitution.
35.1EFFECTIVE DATE.This section is effective August 1, 2009, and applies to crimes
35.2committed on or after that date.
35.3 Sec. 40. [16A.1391] BEST PRACTICES FOR INVESTIGATIONS.
35.4The commissioner of finance must develop and make available to appointing
35.5authorities in the executive, legislative, and judicial branches a best practices policy for
35.6conducting investigations in which the appointing authority compels its employees to
35.7answer questions about allegedly inappropriate activity. The best practices policy must
35.8be designed to facilitate effective investigations, without compromising the ability to
35.9prosecute criminal cases when appropriate. Each appointing authority must follow the
35.10best practices policy or, in consultation with the attorney general, must develop its own
35.11policy for conducting these investigations.
35.12EFFECTIVE DATE.This section is effective the day following final enactment.
35.13 Sec. 41. Minnesota Statutes 2008, section 16A.152, is amended by adding a
35.14subdivision to read:
35.15 Subd. 8. Report on budget reserve percentage. (a) The commissioner of finance
35.16must periodically review the formula developed as part of the Budget Trends Study
35.17Commission authorized by Laws 2007, chapter 148, article 2, section 81, to estimate
35.18the percentage of the preceding biennium's general fund expenditures and transfers
35.19recommended as a budget reserve.
35.20 (b) The commissioner must annually review the variables and coefficients in the
35.21formula used to model the base of the general fund taxes and the mix of taxes that provide
35.22revenues to the general fund. If the commissioner determines that the variables and
35.23coefficients have changed enough to result in a change in the percentage of the preceding
35.24biennium's general fund expenditures and transfers recommended as a budget reserve,
35.25the commissioner must update the variables and coefficients in the formula to reflect the
35.26current base and mix of general fund taxes.
35.27 (c) Every ten years, the commissioner must review the methodology underlying the
35.28formula, taking into consideration relevant economic literature from the past ten years, and
35.29determine if the formula remains adequate as a tool for estimating the percentage of the
35.30preceding biennium's general fund expenditures and transfers recommended as a budget
35.31reserve. If the commissioner determines that the methodology underlying the formula is
35.32outdated, the commissioner must revise the formula.
35.33 (d) By January 15 of each year, the commissioner must report to the chairs of the
35.34house of representatives Committee on Ways and Means and the senate Committee on
36.1Finance, in compliance with sections 3.195 and 3.197, on the percentage of the preceding
36.2biennium's general fund expenditures and transfers recommended as a budget reserve.
36.3The report must specify:
36.4 (1) if the commissioner updated the variables and coefficients in the formula to
36.5reflect significant changes to either the base of one or more general fund taxes or to the
36.6mix of taxes that provide revenues to the general fund as provided in paragraph (b);
36.7 (2) if the commissioner revised the formula after determining the methodology was
36.8outdated as provided in paragraph (c); and
36.9 (3) if the percentage of the preceding biennium's general fund expenditures and
36.10transfers recommended as a budget reserve has changed as a result of an update of or a
36.11revision to the formula.
36.12EFFECTIVE DATE.This section is effective the day following final enactment.
36.13 Sec. 42. [16A.81] TECHNOLOGY DEVELOPMENT LEASE-PURCHASE
36.14FINANCING.
36.15 Subdivision 1. Definitions. The following definitions apply to this section.
36.16(a) "Technology system project" means the development, acquisition, installation,
36.17and implementation of a technology system that is essential to state operations and is
36.18expected to have a long useful life.
36.19(b) "Lease-purchase agreement" means an agreement for the lease and installment
36.20purchase of a technology system project, or a portion of the project, between the
36.21commissioner, on behalf of the state, and a vendor or a third-party financing source.
36.22(c) "Technology development lease-purchase guidelines" means policies, procedures,
36.23and requirements established by the commissioner for technology system projects that are
36.24financed pursuant to a lease-purchase agreement.
36.25 Subd. 2. Lease-purchase financing. The commissioner may enter into a
36.26lease-purchase agreement in an amount sufficient to fund a technology system project and
36.27authorize the public or private sale and issuance of certificates of participation, provided
36.28that:
36.29(1) the technology system project has been authorized by law to be funded pursuant
36.30to a lease-purchase agreement;
36.31(2) the term of the lease-purchase agreement and the related certificates of
36.32participation shall not exceed the lesser of the expected useful life of the technology
36.33system project financed by the lease-purchase agreement and the certificates or ten years
36.34from the date of issuance of the lease-purchase agreement and the certificates;
37.1(3) the principal amount of the lease-purchase agreement and the certificates is
37.2sufficient to provide for the costs of issuance, capitalized interest, credit enhancement, or
37.3reserves, if any, as required under the lease-purchase agreement;
37.4(4) funds sufficient for payment of lease obligations have been committed in the
37.5authorizing legislation for the technology system project for the fiscal year during which
37.6the lease-purchase agreement is entered into; provided that no lease-purchase agreement
37.7shall obligate the state to appropriate funds sufficient to make lease payments due under
37.8such agreement in any future fiscal year; and
37.9(5) planned expenditures for the technology system project are permitted within the
37.10technology development lease-purchase guidelines.
37.11 Subd. 3. Covenants. The commissioner may covenant in a lease-purchase
37.12agreement that the state will abide by the terms and provisions that are customary in
37.13lease-purchase financing transactions, including but not limited to, covenants providing
37.14that the state:
37.15(1) will maintain insurance as required under the terms of the lease-purchase
37.16agreement;
37.17(2) is responsible to the lessor for any public liability or property damage claims or
37.18costs related to the selection, use, or maintenance of the technology system project, to the
37.19extent of insurance or self-insurance maintained by the state, and for costs and expenses
37.20incurred by the lessor as a result of any default by the state; or
37.21(3) authorizes the lessor to exercise the rights of a secured party with respect to
37.22the technology system project or any portion of the project in the event of default or
37.23nonappropriation of funds by the state, and for the present recovery of lease payments
37.24due during the current term of the lease-purchase agreement as liquidated damages in
37.25the event of default.
37.26 Subd. 4. Credit and appropriation of proceeds. Proceeds of the lease-purchase
37.27agreement and certificates of participation must be credited to a technology lease project
37.28fund in the state treasury. Net income from investment of the proceeds, as estimated by
37.29the commissioner, must be credited to the appropriate accounts in the technology lease
37.30project fund. Funds in the technology lease project fund are appropriated for the purposes
37.31described in the authorizing law for each technology development project and this section.
37.32 Subd. 5. Transfer of funds. Before the lease-purchase proceeds are received in the
37.33technology lease project fund, the commissioner may transfer to that fund from the general
37.34fund amounts not exceeding the expected proceeds from the lease-purchase agreement
37.35and certificates of participation. The commissioner shall return these amounts to the
38.1general fund by transferring proceeds when received. The amounts of these transfers are
38.2appropriated from the general fund and from the technology lease project fund.
38.3 Subd. 6. Administrative expenses. Actual and necessary travel and subsistence
38.4expenses of employees and all other nonsalary expenses incidental to the sale, printing,
38.5execution, and delivery of the lease-purchase agreement and certificates of participation
38.6may be paid from the lease-purchase proceeds. The lease-purchase proceeds are
38.7appropriated for this purpose.
38.8 Subd. 7. Treatment of technology lease project fund. Lease-purchase proceeds
38.9remaining in the technology lease project fund after the purposes for which the
38.10lease-purchase agreement was undertaken are accomplished or abandoned, as determined
38.11by the commissioner, must be transferred to the general fund.
38.12 Subd. 8. Lease-purchase not public debt. A lease-purchase agreement does not
38.13constitute or create a general or moral obligation or indebtedness of the state in excess
38.14of the money from time to time appropriated or otherwise available for payments or
38.15obligations under such agreement. Payments due under a lease-purchase agreement during
38.16a current lease term for which money has been appropriated is a current expense of the
38.17state.
38.18 Subd. 9. Refunding certificates. The commissioner from time to time may enter
38.19into a new lease-purchase agreement and issue and sell certificates of participation for the
38.20purpose of refunding any lease-purchase agreement and related certificates of participation
38.21then outstanding, including the payment of any redemption premiums, any interest accrued
38.22or that is to accrue to the redemption date, and costs related to the issuance and sale of such
38.23refunding certificates. The proceeds of any refunding certificates may, in the discretion of
38.24the commissioner, be applied to the purchase or payment at maturity of the certificates to
38.25be refunded, to the redemption of outstanding lease-purchase agreements and certificates
38.26on any redemption date, or to pay interest on the refunding lease-purchase agreements
38.27and certificates and may, pending such application, be placed in escrow to be applied to
38.28such purchase, payment, retirement, or redemption. Any escrowed proceeds, pending such
38.29use, may be invested and reinvested in obligations that are authorized investments under
38.30section 11A.24. The income earned or realized on any authorized investment may also be
38.31applied to the payment of the lease-purchase agreements and certificates to be refunded,
38.32interest or premiums on the refunded certificates, or to pay interest on the refunding
38.33lease-purchase agreements and certificates. After the terms of the escrow have been fully
38.34satisfied, any balance of proceeds and any investment income may be returned to the
38.35general fund, or if applicable, the technology lease project fund, for use in a lawful manner.
38.36All refunding lease-purchase agreements and certificates issued under the provisions of
39.1this subdivision must be prepared, executed, delivered, and secured by appropriations in
39.2the same manner as the lease-purchase agreements and certificates to be refunded.
39.3EFFECTIVE DATE.This section is effective the day following final enactment.
39.4 Sec. 43. [16A.82] TECHNOLOGY LEASE-PURCHASE APPROPRIATION.
39.5$8,975,000 is appropriated annually from the general fund to the commissioner
39.6to make payments under a lease-purchase agreement as defined in section 16A.81 for
39.7replacement of the state's accounting and procurement systems, provided that the state is
39.8not obligated to continue such appropriation of funds or to make lease payments in any
39.9future fiscal year. Any unexpended portions of this appropriation cancel to the general
39.10fund at the close of each biennium. This section expires June 30, 2020.
39.11EFFECTIVE DATE.This section is effective July 1, 2010.
39.12 Sec. 44. [16B.1225] LETTER-SIZED PAPER FOR DOCUMENTS.
39.13State entities in the executive, legislative, and judicial branches must use standard
39.14letter-sized paper to print documents to the extent practical, and may not print documents
39.15on legal-sized paper unless this is the only possible size paper for a particular document.
39.16 Sec. 45. Minnesota Statutes 2008, section 16B.24, is amended by adding a subdivision
39.17to read:
39.18 Subd. 5b. Employee fitness and wellness facilities. An entity in the executive,
39.19legislative, or judicial branch may use space under its control to offer fitness, wellness,
39.20or similar classes or activities to its employees, and may allow persons conducting these
39.21classes or activities to charge employees a fee to participate. Revenue received by a public
39.22entity under this section is appropriated to the entity. This authorization applies to all state
39.23space, including property in the Capitol area, and other designated property as defined
39.24in rules adopted by the commissioner of public safety. Persons conducting these classes
39.25or activities, and participating employees, waive any and all claims of liability against
39.26the state for any damage or injury arising from the use of state space for employee fitness
39.27and wellness classes or similar classes or activities. Persons conducting these classes or
39.28activities agree to indemnify, save, and hold the state, its agents, and employees harmless
39.29from any claims or causes of action, including attorney fees incurred by the state that arise
39.30from these classes or activities.
40.1 Sec. 46. Minnesota Statutes 2008, section 16B.24, is amended by adding a subdivision
40.2to read:
40.3 Subd. 5c. Rulemaking. The commissioner of public safety must amend Minnesota
40.4Rules, part 7525.0400, and any other rules as necessary to conform with subdivision 5b.
40.5The commissioner may use the good cause exemption, under authority of Minnesota
40.6Statutes, section 14.388, subdivision 1, clause (3), to amend rules to conform with
40.7subdivision 5b.
40.8 Sec. 47. [16B.242] ENTERPRISE REAL PROPERTY ACCOUNT.
40.9The enterprise real property technology system and services account is created
40.10in the special revenue fund. Receipts credited to the account are appropriated to the
40.11commissioner of administration for the purpose of funding the personnel and technology
40.12to maintain the enterprise real property system and services.
40.13 Sec. 48. [16B.2421] BIRD-SAFE BUILDINGS.
40.14 Between March 15 and May 31 and between August 15 and October 31 each year,
40.15occupants of state-owned or state-leased buildings must attempt to reduce dangers posed
40.16to migrating birds by turning off building lights between midnight and dawn, to the extent
40.17turning off lights is consistent with the normal use of the buildings. The commissioner of
40.18administration may adopt policies to implement this requirement.
40.19 Sec. 49. [16B.243] NAMING RIGHTS.
40.20The commissioner of administration may enter into a contract to sell the naming
40.21rights to a state-owned building, or to meeting rooms within a state-owned building. This
40.22section does not apply to the State Capitol building, to the Minnesota Judicial Center, or
40.23the State Office Building.
40.24 Sec. 50. [16B.351] ADVERTISING.
40.25The commissioner of administration may enter into a contract to sell advertising on
40.26temporary fences or other temporary barriers adjacent to construction or repair projects on
40.27state-owned buildings or grounds.
40.28 Sec. 51. Minnesota Statutes 2008, section 16B.54, subdivision 2, is amended to read:
40.29 Subd. 2. Vehicles. (a) The commissioner may direct an agency to make a transfer of
40.30a passenger motor vehicle or truck currently assigned to it. The transfer must be made to
40.31the commissioner for use in the central motor pool. The commissioner shall reimburse an
41.1agency whose motor vehicles have been paid for with funds dedicated by the Constitution
41.2for a special purpose and which are assigned to the central motor pool. The amount of
41.3reimbursement for a motor vehicle is its average wholesale price as determined from the
41.4midwest edition of the National Automobile Dealers Association official used car guide.
41.5(b) To the extent that funds are available for the purpose, the commissioner may
41.6purchase or otherwise acquire additional passenger motor vehicles and trucks necessary
41.7for the central motor pool. The title to all motor vehicles assigned to or purchased or
41.8acquired for the central motor pool is in the name of the Department of Administration.
41.9(c) On the request of an agency, the commissioner may transfer to the central
41.10motor pool any passenger motor vehicle or truck for the purpose of disposing of it. The
41.11department or agency transferring the vehicle or truck must be paid for it from the motor
41.12pool revolving account established by this section in an amount equal to two-thirds of the
41.13average wholesale price of the vehicle or truck as determined from the midwest edition of
41.14the National Automobile Dealers Association official used car guide.
41.15(d) The commissioner shall provide for the uniform marking of all motor vehicles.
41.16Motor vehicle colors must be selected from the regular color chart provided by the
41.17manufacturer each year. The commissioner may further provide for the use of motor
41.18vehicles without marking by:
41.19(1) the governor;
41.20(2) the lieutenant governor;
41.21(3) (2) the Division of Criminal Apprehension, the Division of Alcohol and
41.22Gambling Enforcement, and arson investigators of the Division of Fire Marshal in the
41.23Department of Public Safety;
41.24(4) (3) the Financial Institutions Division of the Department of Commerce;
41.25(5) (4) the Division of Disease Prevention and Control of the Department of Health;
41.26(6) (5) the State Lottery;
41.27(7) (6) criminal investigators of the Department of Revenue;
41.28(8) (7) state-owned community service facilities in the Department of Human
41.29Services;
41.30(9) (8) the investigative staff of the Department of Employment and Economic
41.31Development;
41.32(10) (9) the Office of the Attorney General; and
41.33(11) (10) the investigative staff of the Gambling Control Board.
41.34(e) The state may not provide a car for use of the lieutenant governor.
41.35 Sec. 52. [16B.90] MILESTONES REPORT REQUIRED.
42.1The commissioner of administration must establish a statewide system of economic
42.2(including tax implications), social, and environmental performance measures. The
42.3milestones must provide the economic (including tax implications), social, and
42.4environmental information necessary for public and elected officials to understand and
42.5evaluate the sustainability of the state's long-term trends. The commissioner must report
42.6on the trends and their implications each year. The commissioner may contract for the
42.7development of information and measures.
42.8 Sec. 53. [16B.99] GEOSPATIAL INFORMATION OFFICE.
42.9 Subdivision 1. Creation. The Minnesota Geospatial Information Office is created
42.10under the supervision of the commissioner of administration.
42.11 Subd. 2. Responsibilities; authority. The office has authority to provide
42.12coordination, guidance, and leadership, and to plan the implementation of Minnesota's
42.13geospatial information technology. The office shall identify, coordinate, and guide
42.14strategic investments in geospatial information technology systems, data, and services to
42.15ensure effective implementation and use of Geospatial Information Systems (GIS) by state
42.16agencies to maximize benefits for state government as an enterprise.
42.17 Subd. 3. Duties. (a) The office must:
42.18(1) coordinate and guide the efficient and effective use of available federal,
42.19state, local, and public-private resources to develop statewide geospatial information
42.20technology, data, and services;
42.21(2) provide leadership and outreach, and ensure cooperation and coordination for
42.22all GIS functions in state and local government, including coordination between state
42.23agencies, intergovernment coordination between state and local units of government, and
42.24extragovernment coordination, which includes coordination with academic and other
42.25private and nonprofit sector GIS stakeholders;
42.26(3) review state agency and intergovernment geospatial technology, data, and
42.27services development efforts involving state or intergovernment funding, including federal
42.28funding;
42.29(4) provide information to the legislature regarding projects reviewed, and
42.30recommend projects for inclusion in the governor's budget under section 16A.11;
42.31(5) coordinate management of geospatial technology, data, and services between
42.32state and local governments;
42.33(6) provide coordination, leadership, and consultation to integrate government
42.34technology services with GIS infrastructure and GIS programs;
43.1(7) work to avoid or eliminate unnecessary duplication of existing GIS technology
43.2services and systems, including services provided by other public and private organizations
43.3while building on existing governmental infrastructures;
43.4(8) promote and coordinate consolidated geospatial technology, data, and services
43.5and shared geospatial Web services for state and local governments; and
43.6(9) promote and coordinate geospatial technology training, technical guidance, and
43.7project support for state and local governments.
43.8 Subd. 4. Duties of chief geospatial information officer. (a) In consultation with the
43.9state geospatial advisory council, the commissioner of administration, the commissioner
43.10of finance, and the Minnesota chief information officer, the chief geospatial information
43.11officer must identify when it is cost-effective for agencies to develop and use shared
43.12information and geospatial technology systems, data, and services. The chief geospatial
43.13information officer may require agencies to use shared information and geospatial
43.14technology systems, data, and services.
43.15(b) The chief geospatial information officer, in consultation with the state
43.16geospatial advisory council, must establish reimbursement rates in cooperation with
43.17the commissioner of finance to bill agencies and other governmental entities sufficient
43.18to cover the actual development, operation, maintenance, and administrative costs of
43.19the shared systems. The methodology for billing may include the use of interagency
43.20agreements, or other means as allowed by law.
43.21 Subd. 5. Fees. (a) The chief geospatial information officer must set fees under
43.22section 16A.1285 that reflect the actual cost of providing information products and
43.23services to clients. The fees must be approved by the commissioner of finance. Fees
43.24are not subject to rulemaking under chapter 14 and section 14.386 does not apply. Fees
43.25collected must be deposited in the state treasury and credited to the Minnesota Geospatial
43.26Information Office revolving account. Money in the account is appropriated to the chief
43.27geospatial information officer for providing GIS consulting services, software, data, Web
43.28services, and map products on a cost-recovery basis, including the cost of services,
43.29supplies, material, labor, and equipment as well as the portion of the general support
43.30costs and statewide indirect costs of the office that is attributable to the delivery of these
43.31products and services. Money in the account shall not be used for the general operation of
43.32the Minnesota Geospatial Information Office.
43.33(b) The chief geospatial information officer may require a state agency to make
43.34an advance payment to the revolving fund sufficient to cover the agency's estimated
43.35obligation for a period of 60 days or more. If the revolving fund is abolished or liquidated,
43.36the total net profit from the operation of the fund must be distributed to the various funds
44.1from which purchases were made. For a given period of time, the amount of total net profit
44.2to be distributed to each fund shall reflect the same ratio of total purchases attributable to
44.3each fund divided by the total purchases from all funds.
44.4 Subd. 6. Accountability. The chief geospatial information officer is appointed by
44.5the commissioner of administration and shall work closely with the Minnesota chief
44.6information officer who shall play an advisory role on technology projects, standards,
44.7and services.
44.8 Subd. 7. Discretionary powers. The office may:
44.9(1) enter into contracts for goods or services with public or private organizations
44.10and charge fees for services it provides;
44.11(2) apply for, receive, and expend money from public agencies;
44.12(3) apply for, accept, and disburse grants and other aids from the federal government
44.13and other public or private sources;
44.14(4) enter into contracts with agencies of the federal government, local government
44.15units, the University of Minnesota and other educational institutions, and private persons
44.16and other nongovernment organizations as necessary to perform its statutory duties;
44.17(5) appoint committees and task forces to assist the office in carrying out its duties;
44.18(6) sponsor and conduct conferences and studies, collect and disseminate
44.19information, and issue reports relating to geospatial information and technology issues;
44.20(7) participate in the activities and conferences related to geospatial information
44.21and communications technology issues;
44.22(8) review the GIS technology infrastructure of regions of the state and cooperate
44.23with and make recommendations to the governor, legislature, state agencies, local
44.24governments, local technology development agencies, the federal government, private
44.25businesses, and individuals for the realization of GIS information and technology
44.26infrastructure development potential;
44.27(9) sponsor, support, and facilitate innovative and collaborative geospatial systems
44.28technology, data, and services projects; and
44.29(10) review and recommend alternative sourcing strategies for state geospatial
44.30information systems technology, data, and services.
44.31 Subd. 8. Geospatial advisory councils created. The chief geospatial information
44.32officer must establish a governance structure that includes advisory councils to obtain
44.33expert advice from stakeholders on issues focusing on improving the operations and
44.34management of geospatial technology within state government and also on issues of
44.35importance to users of geospatial technology throughout the state.
45.1(a) A statewide geospatial advisory council must advise the Minnesota Geospatial
45.2Information Office about issues concerning the improvement of services statewide
45.3through the coordinated, affordable, reliable, and effective use of geospatial technology.
45.4Membership of the statewide council must include voting members selected to represent a
45.5cross section of organizations that include counties, cities, universities, business, nonprofit
45.6organizations, federal agencies, and state agencies. State agency membership must be
45.7limited to no more than 20 percent of the total voting membership. In addition, the chief
45.8geospatial information officer must be a nonvoting member.
45.9(b) A state government geospatial advisory council must advise the Minnesota
45.10Geospatial Information Office on issues concerning improving state government services
45.11through the coordinated, affordable, reliable, and effective use of geospatial technology.
45.12Membership of the state government council must include voting members representing
45.13up to 15 state government agencies and constitutional offices, including the Office of
45.14Enterprise Technology and the Minnesota Geospatial Information Office and shall be
45.15chaired by the chief geographic information officer. A representative of the statewide
45.16geospatial advisory council must serve as a nonvoting member.
45.17(c) Members of both the statewide geospatial advisory council and the state
45.18government advisory council must be recommended by a process that ensures that each
45.19member is designated to represent a clearly identified agency or stakeholder category
45.20and that complies with the state's open appointment process. Appointments must be
45.21made by the commissioner of administration for a period of two years. Members serve
45.22at the pleasure of the commissioner. Members must be reimbursed for expenses in the
45.23manner specified in section 15.059, but do not receive per diem under that section. The
45.24advisory councils expire June 30, 2013.
45.25(d) The Minnesota Geospatial Information Office must provide administrative
45.26support for both geospatial advisory councils.
45.27 Subd. 9. Report to legislature. By January 15, 2010, the chief geospatial
45.28information officer must provide a report to the appropriate chairs of the state government
45.29committees of the legislature that addresses all statutes that refer to the land management
45.30information center or land management information system and makes a recommendation
45.31about whether they should be continued, amended, or repealed.
45.32EFFECTIVE DATE.This section is effective July 1, 2009.
45.33 Sec. 54. Minnesota Statutes 2008, section 16C.16, is amended by adding a subdivision
45.34to read:
46.1 Subd. 6a. Service-disabled veteran-owned small businesses. (a) The
46.2commissioner shall award up to a six percent preference in the amount bid on state
46.3procurement to certified small businesses that are majority-owned and operated by
46.4veterans having service-connected disabilities, as determined by the United States
46.5Department of Veterans Affairs.
46.6(b) The purpose of this designation is to facilitate the transition of service-disabled
46.7veterans from military to civilian life, and to help compensate them for their sacrifices,
46.8including but not limited to their sacrifice of health and time, for the state and nation during
46.9their military service, as well as to enhance economic development within Minnesota.
46.10(c) For purposes of this section and section 16C.19, the following terms have the
46.11meanings given them:
46.12(1) "veteran" has the meaning given in section 197.447; and
46.13(2) "service-connected disability" has the meaning given in United States Code, title
46.1438, section 101(16), as determined by the United States Department of Veterans Affairs.
46.15EFFECTIVE DATE.This section is effective July 1, 2009, and applies to
46.16procurement contract bid solicitations issued on and after that date.
46.17 Sec. 55. Minnesota Statutes 2008, section 16C.19, is amended to read:
46.1816C.19 ELIGIBILITY; RULES.
46.19(a) A small business wishing to participate in the programs under section16C.16,
46.20subdivisions 4 to 7 , must be certified by the commissioner. The commissioner shall adopt
46.21by rule standards and procedures for certifying that small businesses, small targeted group
46.22businesses, and small businesses located in economically disadvantaged areas are eligible
46.23to participate under the requirements of sections16C.16 to
16C.21 . The commissioner
46.24shall adopt by rule standards and procedures for hearing appeals and grievances and other
46.25rules necessary to carry out the duties set forth in sections16C.16 to
16C.21 .
46.26(b) The commissioner may make rules which exclude or limit the participation of
46.27nonmanufacturing business, including third-party lessors, brokers, franchises, jobbers,
46.28manufacturers' representatives, and others from eligibility under sections16C.16 to
46.2916C.21
.
46.30(c) The commissioner may make rules that set time limits and other eligibility limits
46.31on business participation in programs under sections16C.16 to
16C.21 .
46.32(d) Notwithstanding paragraph (c), for purposes of sections 16C.16 to 16C.21, a
46.33service-disabled veteran-owned small business, the principal place of business of which
46.34is in Minnesota, is certified if it has been verified by the United States Department of
47.1Veterans Affairs as being a service-disabled veteran-owned small business in accordance
47.2with Public Law 109-461 and Code of Federal Regulations, title 38, part 74.
47.3EFFECTIVE DATE.This section is effective July 1, 2009, and applies to
47.4procurement contract bid solicitations issued on and after that date.
47.5 Sec. 56. Minnesota Statutes 2008, section 16C.20, is amended to read:
47.616C.20 CERTIFICATION.
47.7A business that is certified by the commissioner of administration as a small
47.8business, small targeted group businessor, a small business located in an economically
47.9disadvantaged area, or a service-disabled veteran-owned small business is eligible to
47.10participate under the requirements of sections137.31 and
161.321 and, if certified as a
47.11small businessor, small targeted group business, or service-disabled veteran-owned small
47.12business, under section473.142 without further certification by the contracting agency.
47.13EFFECTIVE DATE.This section is effective July 1, 2009, and applies to
47.14procurement contract bid solicitations issued on and after that date.
47.15 Sec. 57. [16E.22] STATEWIDE ELECTRONIC LICENSING SYSTEM.
47.16 Subdivision 1. Account established; appropriation. The statewide electronic
47.17licensing account is created in the special revenue fund. Receipts credited to the account
47.18are appropriated to the state chief information officer for completion of the Minnesota
47.19electronic licensing system, for transferring licensing agencies to the system, and for
47.20operation and maintenance of the system during the completion and transfer period.
47.21 Subd. 2. Temporary licensing surcharge. Executive branch state agencies shall
47.22collect a temporary surcharge of ten percent of the licensing fee, but no less than $5 and no
47.23more than $150 on each business, commercial, professional, or occupational license that:
47.24(1) requires a fee; and
47.25(2) will be transferred to the Minnesota electronic licensing system, as determined
47.26by the state chief information officer.
47.27The surcharge applies to initial license applications and license renewals. Each agency
47.28that issues a license subject to this subdivision shall collect the surcharge for the license
47.29for up to six years between July 1, 2009, and June 30, 2015, as directed by the state
47.30chief information officer. Receipts from the surcharge shall be deposited in the statewide
47.31licensing account established in subdivision 1. Department of Commerce licensees who
47.32are paying for an existing electronic licensing database system under section 45.24 must
47.33not be required to pay the surcharge under this section. The funds acquired under section
48.145.24 must be used in part, as determined by the commissioner of commerce, to fund the
48.2statewide electronic licensing system under this section and the fee imposed on licensees
48.3who pay for the system under section 45.24 may not exceed the maximum fee allowed
48.4under that section.
48.5 Subd. 3. Priority. In completing the statewide electronic licensing system, the
48.6chief information officer must give priority to the extent practical to licenses that are
48.7not currently issued electronically.
48.8 Subd. 4. Contract authority. The state chief information officer may enter into
48.9a risk-share or phased agreement with a vendor to complete the Minnesota electronic
48.10licensing system and to transfer licensing agencies to the system, provided that the
48.11payment for the vendor's services under the agreement is limited to the revenue from the
48.12surcharge enacted under subdivision 2, after payment of state operating and maintenance
48.13costs. The agreement must clearly indicate that the state chief information officer may
48.14only expend amounts actually collected from the surcharge, after state operations and
48.15maintenance costs have been paid, in payment for the vendor's services and that the vendor
48.16assumes this risk when performing work under the contract. This section does not require
48.17the state chief information officer to pay the vendor the entire amount of the surcharge
48.18revenue that remains after payment of state operations and maintenance costs. Before
48.19entering into a contract under this subdivision, the state chief information officer must
48.20consult with the commissioner of finance regarding the implementation of the surcharge
48.21and the terms of the contract.
48.22 Subd. 5. Unused funds. Money remaining in the statewide electronic licensing
48.23account after payment of all costs of completing the Minnesota electronic licensing
48.24system, transferring licensing agencies to the system, and operating and maintaining
48.25the system during the completion and transfer period is appropriated for the costs of
48.26operating and maintaining the Minnesota electronic licensing system after the system
48.27has been completed.
48.28 Subd. 6. Expiration. This section expires on June 30, 2017.
48.29 Sec. 58. Minnesota Statutes 2008, section 43A.02, is amended by adding a subdivision
48.30to read:
48.31 Subd. 18a. Domestic partner. "Domestic partner" means a person who has entered
48.32into a committed interdependent relationship with one other adult, where the partners:
48.33(1) are responsible for each other's basic common welfare;
48.34(2) share a common residence and intend to do so indefinitely;
49.1(3) are not related by blood or adoption to an extent that would prohibit marriage in
49.2this state; and
49.3(4) are legally competent and qualified to enter into a contract.
49.4For purposes of this subdivision, domestic partners may be considered to share a
49.5common residence, even if they do not each have a legal right to possess the residence or
49.6one or both domestic partners possess additional real property.
49.7If one domestic partner temporarily leaves the common residence with the intention
49.8to return, the domestic partners continue to share a common residence for the purposes
49.9of this subdivision.
49.10 Sec. 59. Minnesota Statutes 2008, section 43A.1815, is amended to read:
49.1143A.1815VACATION DONATION TO SICK LEAVE ACCOUNT.
49.12 (a) In addition to donations under section43A.181 , a state employee may donate a
49.13total of up to12 40 hours of accrued vacation or sick leave each fiscal year to the sick
49.14leave account of one or more state employees. A state employee may not be paid for more
49.15than 80 hours in a payroll period during which the employee uses sick leave credited to
49.16the employee's account as a result of a transfer from another state employee's vacation
49.17or sick leave account.
49.18 (b) The recipient employee must receive donations, as available, for an illness
49.19or condition of the employee or a member of the employee's family that prevents the
49.20employee from working. The donations must be available without a waiting period as
49.21soon as the employee's sick and vacation leave is exhausted. Donations may be used for
49.22up to a total of 1,044 hours during the duration of eligible employment. Recipients must
49.23continue to accrue vacation and sick leave while they are on donation leave.
49.24(c) An applicant for benefits under this section who receives an unfavorable
49.25determination may select a designee to consult with the commissioner or commissioner's
49.26designee on the reasons for the determination.
49.27 (d) The commissioner shall establish procedures under section43A.04, subdivision
49.284 , for eligibility, duration of need based on individual cases, monitoring and evaluation of
49.29individual eligibility status, and other topics related to administration of this program.
49.30 Sec. 60. Minnesota Statutes 2008, section 43A.24, subdivision 1, is amended to read:
49.31 Subdivision 1. General. Employees, including persons on layoff from a civil
49.32service position, and employees who are employed less than full time, shall be eligible
49.33for state paid life insurance and hospital, medical and dental benefits as provided in
49.34collective bargaining agreements or plans established pursuant to section43A.18 . If a
50.1collective bargaining agreement or plan provides state paid health insurance for spouses of
50.2employees, the insurance must be made available to a domestic partner of a state employee
50.3on the same terms and conditions.
50.4EFFECTIVE DATE.This section is effective January 1, 2012.
50.5 Sec. 61. Minnesota Statutes 2008, section 43A.49, is amended to read:
50.643A.49 VOLUNTARY UNPAID LEAVE OF ABSENCE.
50.7(a) Appointing authorities in state government may allow each employee to take
50.8unpaid leaves of absence for up to 1,040 hoursbetween June 1, 2007, and June 30, 2009.
50.9The 1,040 hour limit replaces, and is not in addition to, limits set in prior laws in each
50.10two-year period beginning July 1 of each odd-numbered year. Each appointing authority
50.11approving such a leave shall allow the employee to continue accruing vacation and sick
50.12leave, be eligible for paid holidays and insurance benefits, accrue seniority, and accrue
50.13service credit and credited salary in the state retirement plans as if the employee had
50.14actually been employed during the time of leave. An employee covered by the unclassified
50.15plan may voluntarily make the employee contributions to the unclassified plan during the
50.16leave of absence. If the employee makes these contributions, the appointing authority
50.17must make the employer contribution. If the leave of absence is for one full pay period or
50.18longer, any holiday pay shall be included in the first payroll warrant after return from the
50.19leave of absence. The appointing authority shall attempt to grant requests for the unpaid
50.20leaves of absence consistent with the need to continue efficient operation of the agency.
50.21However, each appointing authority shall retain discretion to grant or refuse to grant
50.22requests for leaves of absence and to schedule and cancel leaves, subject to the applicable
50.23provisions of collective bargaining agreements and compensation plans.
50.24(b) To receive eligible service credit and credited salary in a defined benefit plan, the
50.25member shall pay an amount equal to the applicable employee contribution rates. If an
50.26employee pays the employee contribution for the period of the leave under this section,
50.27the appointing authority must pay the employer contribution. The appointing authority
50.28may, at its discretion, pay the employee contributions. Contributions must be made in a
50.29time and manner prescribed by the executive director of the Minnesota State Retirement
50.30Association System.
50.31 Sec. 62. [43A.55] MANAGEMENT ANALYSIS REVOLVING FUND.
50.32 Subdivision 1. Creation. The management analysis revolving fund is created in the
50.33state treasury.
51.1 Subd. 2. Appropriation and use of funds. Money in the management analysis
51.2revolving fund is appropriated annually to the commissioner to provide analytical,
51.3statistical, and organizational development services to state agencies, local units of
51.4government, metropolitan and regional agencies, school districts, and other public entities
51.5in the state.
51.6 Subd. 3. Reimbursements. Except as specifically provided otherwise, each
51.7agency shall reimburse the management analysis revolving fund for the cost of all
51.8services, supplies, materials, labor, and depreciation of equipment, including reasonable
51.9overhead costs, that the commissioner is authorized and directed to furnish an agency.
51.10The commissioner shall report the rates to be charged for the revolving fund no later than
51.11July 1 of each year to the chair of the committee or division of the senate or the house of
51.12representatives with primary jurisdiction over the budget of the Department of Finance.
51.13 Subd. 4. Cash flow. The commissioner may make appropriate transfers to the
51.14revolving fund according to section 16A.126. The commissioner may make allotment
51.15and encumbrances in anticipation of these transfers. In addition, the commissioner may
51.16require an agency to make advance payments to the revolving fund sufficient to cover
51.17the office's estimated obligation for a period of at least 60 days. All reimbursements
51.18and other money received by the commissioner under this section must be deposited in
51.19the management analysis revolving fund.
51.20 Subd. 5. Liquidation. If the management analysis revolving fund is abolished or
51.21liquidated, the total net profit from the operation of the fund must be distributed to the
51.22various funds from which purchases were made. For a given period of time, the amount of
51.23total net profit to be distributed to each fund shall reflect the same ratio of total purchases
51.24attributable to each fund divided by the total purchases from all funds.
51.25 Sec. 63. Minnesota Statutes 2008, section 116G.15, is amended to read:
51.26116G.15 MISSISSIPPI RIVER CRITICAL AREA.
51.27(a) The federal Mississippi National River and Recreation Area established
51.28pursuant to United States Code, title 16, section 460zz-2(k), is designated an area of
51.29critical concern in accordance with this chapter. The governor shall review the existing
51.30Mississippi River critical area plan and specify any additional standards and guidelines
51.31to affected communities in accordance with section116G.06, subdivision 2 , paragraph
51.32(b), clauses (3) and (4), needed to insure preservation of the area pending the completion
51.33of the federal plan.
51.34The results of an environmental impact statement prepared under chapter 116D
51.35begun before and completed after July 1, 1994, for a proposed project that is located in
52.1the Mississippi River critical area north of the United States Army Corps of Engineers
52.2Lock and Dam Number One must be submitted in a report to the chairs of the environment
52.3and natural resources policy and finance committees of the house of representatives
52.4and the senate prior to the issuance of any state or local permits and the authorization
52.5for an issuance of any bonds for the project. A report made under this paragraph shall
52.6be submitted by the responsible governmental unit that prepared the environmental
52.7impact statement, and must list alternatives to the project that are determined by the
52.8environmental impact statement to be economically less expensive and environmentally
52.9superior to the proposed project and identify any legislative actions that may assist in the
52.10implementation of environmentally superior alternatives. This paragraph does not apply
52.11to a proposed project to be carried out by the Metropolitan Council or a metropolitan
52.12agency as defined in section
473.121.
52.13(b) If the results of an environmental impact statement required to be submitted by
52.14paragraph (a) indicate that there is an economically less expensive and environmentally
52.15superior alternative, then no member agency of the Environmental Quality Board shall
52.16issue a permit for the facility that is the subject of the environmental impact statement,
52.17other than an economically less expensive and environmentally superior alternative,
52.18nor shall any government bonds be issued for the facility, other than an economically
52.19less expensive and environmentally superior alternative, until after the legislature has
52.20adjourned its regular session sine die in 1996.
52.21 Sec. 64. [116G.152] CRITICAL AREA.
52.22The Metropolitan Council, in consultation with the Environmental Quality Board,
52.23shall consider for inclusion in the regional recreational open space system created in
52.24chapter 473 property adjacent to Main Street and southeast of 6th Avenue Southeast in the
52.25city of Minneapolis. The Council and the Environmental Quality Board shall report to the
52.26legislature by January 15, 2011, on the extent to which inclusion of the property in the
52.27open space system would support official plans for the area, including local comprehensive
52.28plans, regional park plans, and Mississippi River Critical Area standards. No rezoning,
52.29conditional use permit, or variance may be granted with respect to any property in the area
52.30described in this section until the legislature determines that the property is not suitable for
52.31inclusion in the regional recreational open space system.
52.32 Sec. 65. Minnesota Statutes 2008, section 135A.17, subdivision 2, is amended to read:
52.33 Subd. 2. Residential housing list.All postsecondary institutions that enroll students
52.34accepting state or federal financial aid may (a) Institutions within the Minnesota State
53.1Colleges and Universities system must prepare a current list of students enrolled in the
53.2institution and residingin the institution's housing or within ten miles of the institution's
53.3campus Minnesota. The list shall must include each student's name and current address
53.4as permitted by applicable privacy laws. The listshall must be certified and sent to the
53.5appropriate county auditor or auditors secretary of state no earlier than 30 and no later than
53.625 days prior to the November general election, in an electronic format specified by the
53.7secretary of state, for use in election day registration as provided under section201.061,
53.8subdivision 3 . The certification must be dated and signed by the chief officer or designee
53.9of the postsecondary educational institution, or for institutions within the Minnesota
53.10State Colleges and Universities system, by the chancellor, and must state that the list is
53.11current and accurate and includes only the names of currently enrolled students residing in
53.12Minnesota as of the date of certification. The secretary of state must combine the data
53.13received from each postsecondary educational institution under this subdivision and must
53.14process the data to locate the precinct in which the address provided for each student is
53.15located. If the data submitted by the postsecondary educational institution is insufficient
53.16for the secretary of state to locate the proper precinct, the associated student name must
53.17not appear in any list forwarded to a county auditor under this subdivision.
53.18At least 14 days prior to the November general election, the secretary of state
53.19must forward to the appropriate county auditor lists of students containing the students'
53.20names and addresses for which precinct determinations have been made along with their
53.21postsecondary educational institutions. The list must be sorted by precinct and student
53.22last name and must be forwarded in an electronic format specified by the secretary of
53.23state or other mutually agreed upon medium, if a written agreement specifying the
53.24medium is signed by the secretary of state and the county auditor at least 90 days before
53.25the November general election. A written agreement is effective for all elections until
53.26rescinded by either the secretary of state or the county auditor.
53.27(b) Other postsecondary institutions may provide lists as provided by this subdivision
53.28or as provided by the rules of the secretary of state. The University of Minnesota is
53.29requested to comply with this subdivision.
53.30(c) A residential housing list provided under this subdivision may not be used or
53.31disseminated by a county auditor or the secretary of state for any other purpose.
53.32 Sec. 66. Minnesota Statutes 2008, section 161.321, is amended to read:
53.33161.321 SMALL BUSINESS CONTRACTS.
54.1 Subdivision 1. Definitions. For purposes of this section the following terms have
54.2the meanings given them, except where the context clearly indicates a different meaning is
54.3intended.
54.4(a) "Award" means the granting of a contract in accordance with all applicable laws
54.5and rules governing competitive bidding except as otherwise provided in this section.
54.6(b) "Contract" means an agreement entered into between a business entity and the
54.7state of Minnesota for the construction of transportation improvements.
54.8(c) "Subcontractor" means a business entity which enters into a legally binding
54.9agreement with another business entity which is a party to a contract as defined in
54.10paragraph (b).
54.11(d) "Targeted group business" means a business designated under section16C.16,
54.12subdivision 5 .
54.13(e) "Service-disabled veteran-owned small business" means a business designated
54.14under section 16C.16, subdivision 6a.
54.15 Subd. 2. Small business set-asides. (a) The commissioner may award up to a six
54.16percent preference in the amount bid for specified construction work to small targeted
54.17group businesses and service-disabled veteran-owned small businesses.
54.18(b) The commissioner may designate a contract for construction work for award only
54.19to small targeted group businesses if the commissioner determines that at least three small
54.20targeted group businesses are likely to bid. The commissioner may designate a contract
54.21for construction work for award only to service-disabled veteran-owned small businesses
54.22if the commissioner determines that at least three service-disabled veteran-owned small
54.23businesses are likely to bid.
54.24(c) The commissioner, as a condition of awarding a construction contract, may set
54.25goals that require the prime contractor to subcontract a portion of the contract to small
54.26targeted group businesses and service-disabled veteran-owned small businesses. The
54.27commissioner must establish a procedure for granting waivers from the subcontracting
54.28requirement when qualified small targeted group businesses and service-disabled
54.29veteran-owned small businesses are not reasonably available. The commissioner may
54.30establish financial incentives for prime contractors who exceed the goals for use of
54.31subcontractors and financial penalties for prime contractors who fail to meet goals under
54.32this paragraph. The subcontracting requirements of this paragraph do not apply to prime
54.33contractors who are small targeted group businesses or service-disabled veteran-owned
54.34small businesses.
55.1(d) The commissioner may award up to a four percent preference in the amount bid
55.2on procurement to small businesses located in an economically disadvantaged area as
55.3defined in section16C.16, subdivision 7 .
55.4 Subd. 3. Awards to small businesses. At least 75 percent of subcontracts awarded
55.5to small targeted group businesses must be performed by the business to which the
55.6subcontract is awarded or another small targeted group business. At least 75 percent
55.7of subcontracts awarded to service-disabled veteran-owned small businesses must be
55.8performed by the business to which the subcontract is awarded or another service-disabled
55.9veteran-owned small business.
55.10 Subd. 4. Awards, limitations. Contracts awarded pursuant to this section are
55.11subject to all limitations contained in rules adopted by the commissioner of administration.
55.12 Subd. 5. Recourse to other businesses. If the commissioner is unable to award
55.13a contract pursuant to the provisions of subdivisions 2 and 3, the award may be placed
55.14pursuant to the normal solicitation and award provisions set forth in this chapter and
55.15chapter 16C.
55.16 Subd. 6. Rules. The rules adopted by the commissioner of administration to define
55.17small businesses and to set time and other eligibility requirements for participation in
55.18programs under sections16C.16 to
16C.19 apply to this section. The commissioner may
55.19promulgate other rules necessary to carry out this section.
55.20 Subd. 7. Noncompetitive bids. The commissioner is encouraged to purchase from
55.21small targeted group businesses and service-disabled veteran-owned small businesses
55.22designated under section16C.16 when making purchases that are not subject to
55.23competitive bidding procedures.
55.24 Subd. 8. Report by commissioner. The commissioner of transportation shall report
55.25to the commissioner of administration on compliance with this section. The information
55.26must be reported at the time and in the manner requested by the commissioner.
55.27EFFECTIVE DATE.This section is effective July 1, 2009, and applies to
55.28procurement contract bid solicitations issued on and after that date.
55.29 Sec. 67. Minnesota Statutes 2008, section 201.061, subdivision 1, is amended to read:
55.30 Subdivision 1. Prior to election day. At any time except during the 20 days
55.31immediately preceding any regularly scheduled election, an eligible voter or any
55.32individual who will be an eligible voter at the time of the next election may register to vote
55.33in the precinct in which the voter maintains residence by completing a voter registration
55.34application as described in section201.071, subdivision 1 , and submitting it in person or
55.35by mail to the county auditor of that county or to the Secretary of State's Office. If the Web
56.1site maintained by the secretary of state provides a process for it, an individual who has
56.2a Minnesota driver's license, identification card, or learner's permit may register online.
56.3A registration that is received no later than 5:00 p.m. on the 21st day preceding any
56.4election shall be accepted. An improperly addressed or delivered registration application
56.5shall be forwarded within two working days after receipt to the county auditor of the
56.6county where the voter maintains residence. A state or local agency or an individual that
56.7accepts completed voter registration applications from a voter must submit the completed
56.8applications to the secretary of state or the appropriate county auditor within ten days
56.9after the applications are dated by the voter.
56.10For purposes of this section, mail registration is defined as a voter registration
56.11application delivered to the secretary of state, county auditor, or municipal clerk by the
56.12United States Postal Service or a commercial carrier.
56.13 Sec. 68. Minnesota Statutes 2008, section 201.061, subdivision 3, is amended to read:
56.14 Subd. 3. Election day registration. (a) An individual who is eligible to vote may
56.15register on election day by appearing in person at the polling place for the precinct in
56.16which the individual maintains residence, by completing a registration application, making
56.17an oath in the form prescribed by the secretary of state and providing proof of residence.
56.18An individual may prove residence for purposes of registering by:
56.19 (1) presenting a driver's license or Minnesota identification card issued pursuant
56.20to section171.07 ;
56.21 (2) presenting any document approved by the secretary of state as proper
56.22identification;
56.23 (3) presenting one of the following:
56.24 (i) a current valid student identification card from a postsecondary educational
56.25institution in Minnesota, if a list of students from that institution has been prepared under
56.26section135A.17 and certified to the county auditor or in the manner provided in rules of
56.27the secretary of state; or
56.28 (ii) a current student fee statement that contains the student's valid address in the
56.29precinct together with a picture identification card; or
56.30 (4) having a voter who is registered to vote in the precinct, or who is an employee
56.31employed by and working in a residential facility in the precinct and vouching for a
56.32resident in the facility, sign an oath in the presence of the election judge vouching that the
56.33voter or employee personally knows that the individual is a resident of the precinct. A
56.34voter who has been vouched for on election day may not sign a proof of residence oath
56.35vouching for any other individual on that election day. A voter who is registered to vote in
57.1the precinct may sign up to 15 proof-of-residence oaths on any election day. This limitation
57.2does not apply to an employee of a residential facility described in this clause. The
57.3secretary of state shall provide a form for election judges to use in recording the number
57.4of individuals for whom a voter signs proof-of-residence oaths on election day. The
57.5form must include space for the maximum number of individuals for whom a voter may
57.6sign proof-of-residence oaths. For each proof-of-residence oath, the form must include
57.7a statement that the voter is registered to vote in the precinct, personally knows that the
57.8individual is a resident of the precinct, and is making the statement on oath. The form must
57.9include a space for the voter's printed name, signature, telephone number, and address.
57.10 The oath required by this subdivision and Minnesota Rules, part8200.9939 , must be
57.11attached to the voter registration application.
57.12 (b) The operator of a residential facility shall prepare a list of the names of its
57.13employees currently working in the residential facility and the address of the residential
57.14facility. The operator shall certify the list and provide it to the appropriate county auditor
57.15no less than 20 days before each election for use in election day registration.
57.16 (c) "Residential facility" means transitional housing as defined in section256E.33,
57.17subdivision 1 ; a supervised living facility licensed by the commissioner of health under
57.18section144.50, subdivision 6 ; a nursing home as defined in section
144A.01, subdivision
57.195 ; a residence registered with the commissioner of health as a housing with services
57.20establishment as defined in section144D.01, subdivision 4 ; a veterans home operated by
57.21the board of directors of the Minnesota Veterans Homes under chapter 198; a residence
57.22licensed by the commissioner of human services to provide a residential program as
57.23defined in section245A.02, subdivision 14 ; a residential facility for persons with a
57.24developmental disability licensed by the commissioner of human services under section
57.25252.28
; group residential housing as defined in section
256I.03, subdivision 3 ; a shelter
57.26for battered women as defined in section611A.37, subdivision 4 ; or a supervised
57.27publicly or privately operated shelter or dwelling designed to provide temporary living
57.28accommodations for the homeless.
57.29 (d) For tribal band members, an individual may prove residence for purposes of
57.30registering by:
57.31 (1) presenting an identification card issued by the tribal government of a tribe
57.32recognized by the Bureau of Indian Affairs, United States Department of the Interior, that
57.33contains the name, address, signature, and picture of the individual; or
57.34 (2) presenting an identification card issued by the tribal government of a tribe
57.35recognized by the Bureau of Indian Affairs, United States Department of the Interior, that
58.1contains the name, signature, and picture of the individual and also presenting one of the
58.2documents listed in Minnesota Rules, part8200.5100 , subpart 2, item B.
58.3 (e) A county, school district, or municipality may require that an election judge
58.4responsible for election day registration initial each completed registration application.
58.5 Sec. 69. Minnesota Statutes 2008, section 201.071, subdivision 1, is amended to read:
58.6 Subdivision 1. Form. A voter registration application mustbe of suitable size and
58.7weight for mailing and contain spaces for the following required information: voter's first
58.8name, middle name, and last name; voter's previous name, if any; voter's current address;
58.9voter's previous address, if any; voter's date of birth; voter's municipality and county of
58.10residence; voter's telephone number, if provided by the voter; date of registration; current
58.11and valid Minnesota driver's license number or Minnesota state identification number,
58.12or if the voter has no current and valid Minnesota driver's license or Minnesota state
58.13identification, and the last four digits of the voter's Social Security number; and voter's
58.14signature. The registration application may include the voter's e-mail address, if provided
58.15by the voter, and the voter's interest in serving as an election judge, if indicated by the
58.16voter. The application must also contain the following certification of voter eligibility:
58.17"I certify that I:
58.18(1) will be at least 18 years old on election day;
58.19(2) am a citizen of the United States;
58.20(3) will have resided in Minnesota for 20 days immediately preceding election day;
58.21(4) maintain residence at the address given on the registration form;
58.22(5) am not under court-ordered guardianship in which the court order revokes my
58.23right to vote;
58.24(6) have not been found by a court to be legally incompetent to vote;
58.25(7) have the right to vote because, if I have been convicted of a felony, my felony
58.26sentence has expired (been completed) or I have been discharged from my sentence; and
58.27(8) have read and understand the following statement: that giving false information
58.28is a felony punishable by not more than five years imprisonment or a fine of not more
58.29than $10,000, or both."
58.30The certification must include boxes for the voter to respond to the following
58.31questions:
58.32"(1) Are you a citizen of the United States?" and
58.33"(2) Will you be 18 years old on or before election day?"
58.34And the instruction:
58.35"If you checked 'no' to either of these questions, do not complete this form."
59.1The form of the voter registration application and the certification of voter eligibility
59.2must be as provided in this subdivision and approved by the secretary of state. Voter
59.3registration forms authorized by the National Voter Registration Act must also be accepted
59.4as valid. The federal postcard application form must also be accepted as valid if it is not
59.5deficient and the voter is eligible to register in Minnesota.
59.6An individual may use a voter registration application to apply to register to vote in
59.7Minnesota or to change information on an existing registration.
59.8A paper voter registration application must include space for the voter's signature.
59.9Paper voter registration applications, other than those used for election day registration,
59.10must be of suitable size and weight for mailing.
59.11 Sec. 70. Minnesota Statutes 2008, section 201.091, is amended by adding a subdivision
59.12to read:
59.13 Subd. 5a. Registration confirmation to registered voter. The secretary of state
59.14must ensure that the secretary of state's Web site is capable of providing voter registration
59.15confirmation to a registered voter. An individual requesting registration confirmation must
59.16provide the individual's name, address, and date of birth. If the information provided by
59.17the individual completely matches an active voter record in the statewide voter registration
59.18system, the Web site must inform the individual that the individual is a registered voter and
59.19must provide the individual with the individual's polling place location. If the information
59.20provided by the individual does not completely match an active voter record in the
59.21statewide voter registration system, the Web site must inform the individual that a voter
59.22record with that name and date of birth at the address provided cannot be confirmed and the
59.23Web site must advise the individual to contact the county auditor for further information.
59.24EFFECTIVE DATE.This section is not effective until the secretary of state has
59.25certified that the Web site has been tested, has been shown to properly retrieve information
59.26from the correct voter's record, and can handle the expected volume of use.
59.27 Sec. 71. Minnesota Statutes 2008, section 211B.37, is amended to read:
59.28211B.37 COSTS ASSESSED.
59.29Except as otherwise provided in section211B.36, subdivision 3 , the chief
59.30administrative law judge shall assess the cost of considering complaints filed under section
59.31211B.32
as provided in this section. Costs of complaints relating to a statewide ballot
59.32question or an election for a statewide or legislative office must be assessed against the
59.33appropriation from the general fund to thegeneral account of the state elections campaign
60.1fund Office of Administrative Hearings in section
10A.31, subdivision 4 . Costs of
60.2complaints relating to any other ballot question or elective office must be assessed against
60.3the county or counties in which the election is held. Where the election is held in more
60.4than one county, the chief administrative law judge shall apportion the assessment among
60.5the counties in proportion to their respective populations within the election district to
60.6which the complaint relates according to the most recent decennial federal census.
60.7 Sec. 72. [270C.145] TECHNOLOGY LEASE-PURCHASE APPROPRIATION.
60.8$2,117,000 is appropriated annually from the general fund to the commissioner
60.9to make payments under a lease-purchase agreement as defined in section 16A.81 for
60.10completing the purchase and development of an integrated tax software package; provided
60.11that the state is not obligated to continue the appropriation of funds or to make lease
60.12payments in any future fiscal year. Any unexpended portions of this appropriation cancel
60.13to the general fund at the close of each biennium. This section expires June 30, 2019.
60.14 Sec. 73. Minnesota Statutes 2008, section 471.345, subdivision 15, is amended to read:
60.15 Subd. 15. Cooperative purchasing. (a) Municipalities may contract for the
60.16purchase of supplies, materials, or equipment by utilizing contracts that are available
60.17through the state's cooperative purchasing venture authorized by section 16C.11 whenever
60.18practicable and cost-effective.
60.19(b) Unless required to utilize the state's cooperative purchasing venture under
60.20paragraph (a), a municipality may contract for the purchase of supplies, materials, or
60.21equipment without regard to the competitive bidding requirements of this section if the
60.22purchase is through a national municipal association's purchasing alliance or cooperative
60.23created by a joint powers agreement that purchases items from more than one source on
60.24the basis of competitive bids or competitive quotations.
60.25 Sec. 74. Minnesota Statutes 2008, section 473.142, is amended to read:
60.26473.142 SMALL BUSINESSES.
60.27(a) The Metropolitan Council and agencies specified in section473.143, subdivision
60.281 , may award up to a six percent preference in the amount bid for specified goods or
60.29services to small targeted group businesses and service-disabled veteran-owned small
60.30businesses designated under section16C.16 .
60.31(b) The council and each agency specified in section473.143, subdivision 1 ,
60.32may designate a purchase of goods or services for award only to small targeted group
60.33businesses designated under section16C.16 if the council or agency determines that at
61.1least three small targeted group businesses are likely to bid. The council and each agency
61.2specified in section 473.143, subdivision 1, may designate a purchase of goods or services
61.3for award only to service-disabled veteran-owned small businesses designated under
61.4section 16C.16 if the council or agency determines that at least three service-disabled
61.5veteran-owned small businesses are likely to bid.
61.6(c) The council and each agency specified in section473.143, subdivision 1 , as a
61.7condition of awarding a construction contract or approving a contract for consultant,
61.8professional, or technical services, may set goals that require the prime contractor
61.9to subcontract a portion of the contract to small targeted group businesses and
61.10service-disabled veteran-owned small businesses designated under section16C.16 . The
61.11council or agency must establish a procedure for granting waivers from the subcontracting
61.12requirement when qualified small targeted group businesses and service-disabled
61.13veteran-owned small businesses are not reasonably available. The council or agency
61.14may establish financial incentives for prime contractors who exceed the goals for use of
61.15subcontractors and financial penalties for prime contractors who fail to meet goals under
61.16this paragraph. The subcontracting requirements of this paragraph do not apply to prime
61.17contractors who are small targeted group businesses and service-disabled veteran-owned
61.18small businesses. At least 75 percent of the value of the subcontracts awarded to small
61.19targeted group businesses under this paragraph must be performed by the business to
61.20which the subcontract is awarded or by another small targeted group business. At least
61.2175 percent of the value of the subcontracts awarded to service-disabled veteran-owned
61.22small businesses under this paragraph must be performed by the business to which the
61.23subcontract is awarded or another service-disabled veteran-owned small business.
61.24(d) The council and each agency listed in section473.143, subdivision 1 , are
61.25encouraged to purchase from small targeted group businesses and service-disabled
61.26veteran-owned small businesses designated under section16C.16 when making purchases
61.27that are not subject to competitive bidding procedures.
61.28(e) The council and each agency may adopt rules to implement this section.
61.29(f) Each council or agency contract must require the prime contractor to pay any
61.30subcontractor within ten days of the prime contractor's receipt of payment from the
61.31council or agency for undisputed services provided by the subcontractor. The contract
61.32must require the prime contractor to pay interest of 1-1/2 percent per month or any
61.33part of a month to the subcontractor on any undisputed amount not paid on time to the
61.34subcontractor. The minimum monthly interest penalty payment for an unpaid balance of
61.35$100 or more is $10. For an unpaid balance of less than $100, the prime contractor shall
61.36pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil
62.1action to collect interest penalties from a prime contractor must be awarded its costs and
62.2disbursements, including attorney fees, incurred in bringing the action.
62.3(g) This section does not apply to procurement financed in whole or in part
62.4with federal funds if the procurement is subject to federal disadvantaged, minority, or
62.5women business enterprise regulations. The council and each agency shall report to the
62.6commissioner of administration on compliance with this section. The information must be
62.7reported at the time and in the manner requested by the commissioner.
62.8EFFECTIVE DATE.This section is effective July 1, 2009, and applies to
62.9procurement contract bid solicitations issued on and after that date.
62.10 Sec. 75. Laws 2005, chapter 156, article 2, section 45, as amended by Laws 2007,
62.11chapter 148, article 2, section 73, is amended to read:
62.12 Sec. 45. SALE OF STATE LAND.
62.13 Subdivision 1. State land sales. The commissioner of administration shall
62.14coordinate with the head of each department or agency having control of state-owned land
62.15to identify and sell at least $6,440,000 of state-owned land. Sales should be completed
62.16according to law and as provided in this section as soon as practicable but no later than
62.17June 30,2009 2011. Notwithstanding Minnesota Statutes, sections
16B.281 and
16B.282 ,
62.1894.09
and
94.10 , or any other law to the contrary, the commissioner may offer land
62.19for public sale by only providing notice of lands or an offer of sale of lands to state
62.20departments or agencies, the University of Minnesota, cities, counties, towns, school
62.21districts, or other public entities.
62.22 Subd. 2. Anticipated savings. Notwithstanding Minnesota Statutes, section
62.2394.16, subdivision 3
, or other law to the contrary, the amount of the proceeds from the
62.24sale of land under this section that exceeds the actual expenses of selling the land must
62.25be deposited in the general fund, except as otherwise provided by the commissioner of
62.26finance. Notwithstanding Minnesota Statutes, section94.11 or
16B.283 , the commissioner
62.27of finance may establish the timing of payments for land purchased under this section. If
62.28the total of all money deposited into the general fund from the proceeds of the sale of land
62.29under this section is anticipated to be less than $6,440,000, the governor must allocate the
62.30amount of the difference as reductions to general fund operating expenditures for other
62.31executive agencies for the biennium ending June 30,2009 2011.
62.32 Subd. 3. Sale of state lands revolving loan fund. $290,000 is appropriated from
62.33the general fund in fiscal year 2006 to the commissioner of administration for purposes
62.34of paying the actual expenses of selling state-owned lands to achieve the anticipated
62.35savings required in this section. From the gross proceeds of land sales under this section,
63.1the commissioner of administration must cancel the amount of the appropriation in this
63.2subdivision to the general fund by June 30,2009 2011.
63.3 Sec. 76. Laws 2005, chapter 162, section 34, subdivision 2, is amended to read:
63.4 Subd. 2. Optical scan equipment. $6,000,000 is appropriated from the Help
63.5America Vote Act account to the secretary of state for grants to counties to purchase
63.6optical scan voting equipment. Counties are eligible for grants to the extent that they
63.7decide to purchase ballot marking machines and as a result do not have sufficient Help
63.8America Vote Act grant money remaining to also purchase a compatible precinct-based
63.9optical scan machine or central-count machine. These grants must be allocated to counties
63.10at a rate of $3,000 per eligible precinct until the appropriation is exhausted, with priority
63.11in the payment of grants to be given to counties currently using hand- and central-count
63.12voting systems and counties using precinct-count optical scan voting systems incompatible
63.13with assistive voting systems or ballot marking machines. This appropriation is available
63.14until June 30,2009 2012.
63.15EFFECTIVE DATE.This section is effective June 30, 2009.
63.16 Sec. 77. Laws 2007, chapter 131, article 2, section 22, is amended to read:
63.17 Sec. 22. PRIVATE SALE OF SURPLUS STATE LAND; HENNEPIN
63.18COUNTY.
63.19 (a) Notwithstanding Minnesota Statutes, sections94.09 and
94.10 , the commissioner
63.20of natural resources may sell by private sale to a governmental subdivision the surplus
63.21land that is described in paragraph (c).
63.22 (b) The conveyance must be in a form approved by the attorney general. The
63.23attorney general may make necessary changes to the legal description to correct errors
63.24and ensure accuracy. The commissioner may sell the land to a governmental subdivision
63.25of the state forless than the value of the land as determined by the commissioner no
63.26consideration under the conditions and provisions described in paragraph (e), but the
63.27conveyance must provide that the land described in paragraph (c) be used for the public
63.28and reverts to the state if the governmental subdivision fails to provide for public use
63.29or abandons the public use of the land. The commissioner may include conservation
63.30restrictions in the conveyance deed to ensure the property is maintained as open space.
63.31 (c) The land that may be sold is located in Hennepin County and is described
63.32as follows:
63.33 (1) the Northwest Quarter of Southwest Quarter, Section 36, Township 120 North,
63.34Range 22 West, less road right-of-way, containing 39 acres, more or less;
64.1 (2) the east six and two-thirds acres of the West Half of the Southeast Quarter
64.2of the Southwest Quarter, Section 36, Township 120 North, Range 22 West, less road
64.3right-of-way, containing6.67 acres, more or less; and
64.4 (3) the West Quarter of the East Half of the Southeast Quarter of the Southwest
64.5Quarter, Section 36, Township 120 North, Range 22 West, less road right-of-way,
64.6containing4.87 acres, more or less.
64.7 (d) The land was conveyed to the state for wild game reservation purposes. Due
64.8to adjacent residential use and local zoning restrictions, the land is no longer available
64.9for hunting purposes. The Department of Natural Resources has determined that the
64.10state's land management interests would best be served if the lands were conveyed to a
64.11local unit of government.
64.12(e) The payment in lieu to Hennepin County as provided under Minnesota Statutes,
64.13sections 477A.11 to 477A.145, will be reduced by $18,750 for the amounts payable in
64.14each of calendar years 2009 and 2010.
64.15 Sec. 78. Laws 2007, chapter 148, article 2, section 79, is amended to read:
64.16 Sec. 79. TRAINING SERVICES.
64.17 During the biennium ending June 30,2009 2011, state executive branch agencies
64.18must consider using services provided by government training services before contracting
64.19with other outside vendors for similar services.
64.20 Sec. 79. CASH FLOW STUDY.
64.21 By January 15, 2010, the commissioner of finance must submit to the chair of the
64.22Finance Committee in the senate and the chair of the Ways and Means Committee in the
64.23house of representatives, a report on the cash flow condition of the general fund for the
64.24fiscal year 2010-2011 biennium and the following biennium, including an assessment of
64.25the options for improving the long-term cash flow of the state through changes in the
64.26timing of general fund payment dates, revenue collections, or other changes. In addition,
64.27the report should identify all major provisions of law that result in state expenditures or
64.28revenues being recognized in budget documents in a fiscal year earlier or later than the
64.29fiscal year in which the obligation to pay state expenses was incurred or the liability
64.30to pay state taxes was incurred.
64.31 Sec. 80. STATE EMPLOYEES' PERSONAL HEALTH RECORDS; CRITERIA.
65.1(a) The system that the commissioner of finance selects to provide electronic
65.2personal health records under Laws 2007, chapter 148, article 2, section 78, must meet the
65.3following criteria:
65.4(1) be interoperable and compliant with the ASTM International's Continuum of
65.5Care Record standards and the Continuity of Care Document standards;
65.6(2) provide consumer-owned records that are portable among plans, employers,
65.7and providers;
65.8(3) not be tethered to or affiliated with a specific health plan or provider;
65.9(4) support management, storing, and sharing of complete health history information,
65.10including but not limited to, medical conditions, medication history, surgeries, medical
65.11procedures, immunizations, lab results, radiology reports, health directives, and other
65.12medical records;
65.13(5) provide employees the ability to share their health data electronically with health
65.14providers and others and give them flexibility and control over which specific health
65.15data is shared;
65.16(6) enable each employee to manage multiple personal health record accounts for
65.17family members under the employee's account;
65.18(7) provide a range of consumer engagement and decision support tools, such as
65.19online provider directories and health care cost management tools;
65.20(8) support integration of third-party applications, such as health risk assessments
65.21and wellness and incentive programs; and
65.22(9) provide that participation in the system is voluntary for each employee.
65.23(b) The commissioner of finance must contract with a vendor that demonstrates
65.24the following:
65.25(1) a plan and ability to provide Minnesota consumers access to data on prescription
65.26history, immunizations, lab and radiology results, and other medical records;
65.27(2) an ability to provide online consumer-owned health records to all Minnesotans;
65.28(3) a plan to serve rural and underserved communities; and
65.29(4) a commitment to providing Minnesota-based staff for onsite assistance in
65.30planning and participation in securing and integrating health data from multiple sources
65.31for consumers.
65.32(c) The selected system must not permit ad-serving cookies, tracking of clicked
65.33links, and server log commercial data mining without the express consent of the consumer.
65.34The selected system must require the same privacy terms for all linked services and must
65.35not share aggregate, de-identified information without express consent from the consumer.
65.36EFFECTIVE DATE.This section is effective the day following final enactment.
66.1 Sec. 81. COLOCATION REPORT.
66.2The Management Analysis Division of the Department of Finance must study and
66.3report to the legislature by January 15, 2010, on possible colocation of the offices of the
66.4Council on Black Minnesotans, the Council on Affairs of Chicano/Latino People, the
66.5Council on Asian-Pacific Minnesotans, and the metropolitan area office of the Indian
66.6Affairs Council. The report must include analysis of potential cost savings, when those
66.7savings could be realized, and the effect of potential colocation on operations of the
66.8councils.
66.9EFFECTIVE DATE.This section is effective the day following final enactment.
66.10 Sec. 82. NO TRANSFER OF EQB DUTIES OR STAFF.
66.11During the biennium ending June 30, 2011, the executive branch may not use
66.12authority under Minnesota Statutes, section 16B.37 or any other authority to transfer
66.13powers, duties, or personnel associated with the Environmental Quality Board.
66.14 Sec. 83. ACCOUNTING AND PROCUREMENT SYSTEMS.
66.15The commissioner of finance must consult with the chairs of the house of
66.16representatives Ways and Means Committee and senate Finance Committee before
66.17encumbering any funds appropriated for use on or after July 1, 2009, for the planning,
66.18development, and implementation of state accounting or procurement systems. No funds
66.19appropriated for these purposes may be spent unless the commissioner certifies that the
66.20systems will include an application programming interface that allows public access to the
66.21system's underlying data on state contracts, appropriations, and expenditures using an open
66.22format. In developing the public access system, the commissioner must consult with the
66.23commissioner of administration and the director of the Office of Enterprise Technology to
66.24ensure that the design and operation of the system are done in compliance with Minnesota
66.25Statutes, chapter 13, Minnesota Statutes, section 138.17, and other laws governing data
66.26practices, including but not limited to, ensuring that government data in the system are
66.27easily accessible for convenient use by the public, ensuring that only public data are placed
66.28on the Web site, and preparing and following retention schedules for data in the system.
66.29EFFECTIVE DATE.This section is effective July 1, 2009.
66.30 Sec. 84. RACING LICENSE FEE RATIFICATION.
66.31The license fees in Minnesota Rules, part 7877.0120, are ratified by this act.
66.32EFFECTIVE DATE.This section is effective the day following final enactment.
67.1 Sec. 85. TECHNOLOGY LEASE-PURCHASE AUTHORIZATION.
67.2 Subdivision 1. Lease-purchase agreements. The commissioner of finance shall
67.3enter into one or more lease-purchase agreements as defined in Minnesota Statutes, section
67.416A.81, to finance the two projects in subdivisions 2 and 3.
67.5 Subd. 2. Replacement of state's accounting and procurement systems.
67.6Proceeds of lease-purchase agreements and the issuance and sale of related certificates
67.7of participation are appropriated to the commissioner of finance for development and
67.8implementation of a new statewide accounting and procurement system.
67.9 Subd. 3. Completion of integrated tax system. Proceeds of lease-purchase
67.10agreements and the issuance and sale of related certificates of participation are appropriated
67.11to the commissioner of revenue for completing the purchase and implementation of an
67.12integrated tax software package.
67.13EFFECTIVE DATE.This section is effective the day following final enactment.
67.14 Sec. 86. LRT MITIGATION IMPACTS IN CAPITOL AREA.
67.15The Metropolitan Council must include mitigation of impacts in the Capitol Area
67.16not addressed in the project baseline in preliminary engineering and the final design for
67.17the Central Corridor Light Rail Transit Line. The Metropolitan Council must include the
67.18construction of mitigation elements not addressed in the project baseline in the Central
67.19Corridor Light Rail Transit bid packages as add-alternates. Proceeding with construction
67.20of these add-alternates will be subject to availability of an appropriation in the 2010
67.21legislative session for this purpose. The Capitol Area Architectural and Planning Board
67.22and the Department of Administration, in consultation with the Metropolitan Council, shall
67.23determine impacts not addressed in the project baseline that require mitigation. By January
67.2415, 2010, the Metropolitan Council must report to the chairs of the house of representatives
67.25Capital Investment Finance Division, the senate Capital Investment committee, and the
67.26house of representatives and senate Finance and Transportation Committees the estimated
67.27cost to mitigate the impacts not addressed in the project baseline.
67.28 Sec. 87. ENTERPRISE REAL PROPERTY CONTRIBUTIONS.
67.29On or before June 1, 2009, the commissioner of administration shall determine the
67.30amount to be contributed by each executive agency to maintain the enterprise real property
67.31technology system for the fiscal year 2010 and fiscal year 2011 biennium. On or before
67.32June 15, 2009, each executive agency shall enter into an agreement with the commissioner
67.33of administration setting forth the manner in which the executive agency shall make its
67.34contribution to the enterprise real property system, either from uncommitted fiscal year
68.12009 funds or by contributing from fiscal year 2010 and fiscal year 2011 funds to the real
68.2property enterprise system and services account to fund the total amount of $1,688,000 for
68.3the biennium. Funds contributed under this section must be credited to the enterprise real
68.4property technology system and services account.
68.5EFFECTIVE DATE.This section is effective the day following final enactment.
68.6 Sec. 88. RENTAL COST SAVINGS.
68.7The commissioner of administration must report to the legislature by January 15,
68.82010, on savings in state agency costs for rental space in state-owned and state-leased
68.9buildings that can be achieved by expected decreases in agency complement and that could
68.10be achieved by encouraging or requiring increased telecommuting by state employees.
68.11The report must estimate savings by agency and by fund, and must estimate when these
68.12savings can be realized.
68.13 Sec. 89. TRANSFER OF ASSETS, EMPLOYEES, EQUIPMENT, AND
68.14SUPPLIES.
68.15The existing funds, assets, employees, equipment, and supplies of the Land
68.16Management Information Center are transferred to the Minnesota Geospatial Information
68.17Office according to Minnesota Statutes, section 15.039.
68.18EFFECTIVE DATE.This section is effective July 1, 2009.
68.19 Sec. 90. INFORMATION TECHNOLOGY STUDY.
68.20 The chief information officer of the Office of Enterprise Technology, in consultation
68.21with heads of other executive agencies, must report to the legislature by January 15, 2010,
68.22on a plan to transfer from other state agencies to the Office of Enterprise Technology state
68.23employees whose work primarily relates to development, upgrading, replacement, problem
68.24resolution, or maintenance of state data centers, system software, data networks, and office
68.25systems. The report must include an estimate of the number of employees who would be
68.26transferred, an estimate of enterprise costs savings, an analysis of potential improvements
68.27in operations, and a proposed transition plan and schedule. This section does not apply to
68.28the Minnesota State Colleges and Universities or to employees of constitutional offices.
68.29 Sec. 91. REVISOR'S INSTRUCTION.
68.30In the next edition of Minnesota Statutes and Minnesota Rules, the revisor of
68.31statutes shall substitute the term "Land Management Information Center" with the term
69.1"Minnesota Geospatial Information Office," wherever they appear in Minnesota Statutes
69.2and Minnesota Rules.
69.3EFFECTIVE DATE.This section is effective July 1, 2009.
69.4 Sec. 92. REVISOR'S INSTRUCTION.
69.5 In the next and subsequent edition of Minnesota Statutes, the revisor of statutes must
69.6delete the word "Tennessen" from the headnote of Minnesota Statutes, section 13.04,
69.7subdivision 2; must delete the word "Lessard" from Minnesota Statutes, section 97A.056,
69.8and other places in Minnesota Statutes where this word appears; and must delete the words
69.9"Douglas J. Johnson" from Minnesota Statutes, sections 298.291 to 298.298.
69.10 Sec. 93. REPEALER.
69.11(a) Minnesota Statutes 2008, sections 16C.046; and 645.44, subdivision 19, are
69.12repealed.
69.13(b) Minnesota Statutes 2008, section 4A.05, is repealed.
69.14(c) Minnesota Statutes 2008, section 116G.151, is repealed.
69.15(d) Minnesota Statutes 2008, section 240A.08, is repealed.
69.18 Section 1. [5.001] DEFINITIONS.
69.19 Subdivision 1. Applicability. As used in this chapter, the terms defined in this
69.20section have the meanings given them.
69.21 Subd. 2. Business entity. "Business entity" means an organization that is formed
69.22under chapters 300, 301, 302A, 303, 308, 308A, 308B, 315, 317, 317A, 318, 319, 319A,
69.23321, 322A, 322B, 323, or 323A and that has filed documents with the secretary of state.
69.24 Subd. 3. Business entity filings. "Business entity filings" means any filing from a
69.25business entity and also includes filings made under chapter 333.
69.26 Subd. 4. Bulk data. "Bulk data" means data that has commercial value and is a
69.27substantial or discrete portion of or an entire formula, pattern, compilation, program,
69.28device, method, technique, process, database, or system.
69.29 Sec. 2. [5.002] E-MAIL ADDRESSES.
69.30The secretary of state is authorized to provide a field on each of the forms and on
69.31each online entry screen, used to file business entity filings, Uniform Commercial Code
70.1records, and central notification system filings, for the collection of an e-mail address to
70.2which the secretary of state can forward official notices required by law and other notices
70.3to the business entity, assumed name, or the person filing the uniform commercial code or
70.4central notification system record. The e-mail address may be updated by or on behalf of
70.5the business entity by sending a notification of the change to the secretary of state. No
70.6fee shall be charged for an e-mail address update. If requested by the business entity,
70.7the e-mail address provided to the secretary of state pursuant to this section must not
70.8be provided as bulk data.
70.9EFFECTIVE DATE.This section is effective 30 days after the secretary of state
70.10certifies that the information systems of the Office of the Secretary of State have been
70.11modified to implement this section.
70.12 Sec. 3. Minnesota Statutes 2008, section 5.12, subdivision 1, is amended to read:
70.13 Subdivision 1. Fees. The secretary of state shall charge a fee of $5 for each
70.14certificate or certification of a copy or electronically transmitted image of any document
70.15filed in the Office of the Secretary of State. The secretary of state shall charge a fee of
70.16$3 for a copy or electronically transmitted image of an originalfiling of a corporation,
70.17limited partnership, assumed name, or trade or service mark business entity filing. The
70.18secretary of state shall charge a fee of $3 for a copy ofany or all each subsequent filings of
70.19a corporation, limited partnership, assumed name, or trade or service mark business entity
70.20filing. The secretary of state shall charge a fee of$1 per page for copies $3 for a copy of
70.21any othernonuniform commercial code documents document filed with the secretary of
70.22state. At the time of filing, the secretary of state may provide at the public counter, without
70.23charge, a copy of a filing, ten or fewer pages in length, to the person making the filing.
70.24EFFECTIVE DATE.This section is effective 30 days after the secretary of state
70.25certifies that the information systems of the Office of the Secretary of State have been
70.26modified to implement this section.
70.27 Sec. 4. Minnesota Statutes 2008, section 5.29, is amended to read:
70.285.29BULK AGENT NAME AND ADDRESS CHANGES GLOBAL FILINGS.
70.29The filing fee charged for filing an amendment is charged for each document
70.30filed (a) When a registered agent for multiple business entities files an instrument that
70.31changes its name or office addresspursuant to sections
302A.123, subdivision 3; 303.10;
70.32308A.025, subdivision 5;
317A.123, subdivision 3;
318.02; and
322B.135, subdivision
70.333;
and chapters 321; 323; and 323A, but the cumulative fee shall not exceed $10,000 for
71.1entities governed by the provisions of chapters 302A, 303, 308A, 317A, 318, 322A, 322B,
71.2323, and 323A, the change for each business entity must be filed online as a separate
71.3transaction, and a separate filing fee charged.
71.4(b) When a secured party wishes to file an amendment to a financing statement
71.5making a change in secured party or debtor name and address information, each
71.6amendment must be filed online as a separate transaction and a separate filing fee charged.
71.7EFFECTIVE DATE.This section is effective 30 days after the secretary of state
71.8certifies that the information systems of the Office of the Secretary of State have been
71.9modified to implement this section.
71.10 Sec. 5. Minnesota Statutes 2008, section 5.32, is amended to read:
71.115.32 TEMPORARY TECHNOLOGY SURCHARGE.
71.12 Subdivision 1. Surcharge. For fiscal years 2008and, 2009, 2010, and 2011, the
71.13following technology surcharges are imposed on the filing fees required under the
71.14following statutes:
71.15 (1) $25 for articles of incorporation filed under section302A.151 ;
71.16 (2) $25 for articles of organization filed under section322B.17 ;
71.17 (3) $25 for applications for certificates of authority to transact business in Minnesota
71.18filed under section303.06 ;
71.19 (4) $20 for annual reports filed by non-Minnesota corporations under section
71.20303.14
; and
71.21 (5) $50 for reinstatements to authority to transact business in Minnesota filed under
71.22section303.19 .
71.23 Subd. 2. Deposit. The surcharges listed in subdivision 1 shall be deposited into the
71.24uniform commercial code account.
71.25 Subd. 3. Expiration. This section expires June 30,2009 2011.
71.26EFFECTIVE DATE.The amendments to this section are effective the day
71.27following final enactment.
71.28 Sec. 6. [5.34] ANNUAL RENEWAL FILINGS.
71.29Any business registered with the secretary of state required to file an annual renewal
71.30in order to maintain its active status, good standing, or existence under Minnesota Statutes
71.31shall file that renewal, whether online or otherwise, in a format that states:
71.32(1) the name in Minnesota of the organization for which the renewal is filed;
72.1(2) the name of the organization in the jurisdiction in which it is organized, if
72.2different;
72.3(3) the address of the registered office or designated office and the name of the
72.4registered agent of the organization for service of process, if any;
72.5(4) the jurisdiction in which the organization is organized, if that jurisdiction is
72.6not Minnesota;
72.7(5) the name and business address of the officer or other person exercising the
72.8principal functions of the president of a nonprofit corporation, manager of a limited
72.9liability company, or chief executive officer of a corporation or cooperative;
72.10(6) the address of the principal executive office of a domestic business corporation
72.11or of a limited liability company or the principal place of business of a cooperative, if
72.12different from the registered office address;
72.13(7) the address of the designated office and the name, street, and mailing address of
72.14the agent for service of process in Minnesota of a limited partnership or foreign limited
72.15partnership;
72.16(8) the street and mailing address of the principal office of a limited partnership;
72.17(9) the street and mailing address of the chief executive office of a partnership and, if
72.18different, the street address of an office of a partnership in Minnesota, if any;
72.19(10) the name, street, mailing address, and telephone number of an individual
72.20who may be contacted for purposes other than services of process on behalf of a
72.21limited partnership or a limited liability partnership, if the agent for the limited liability
72.22partnership, limited partnership, or foreign limited partnership is not an individual; and
72.23(11) the e-mail address of the organization to which notices from the secretary of
72.24state will be directed, if the organization has an e-mail address.
72.25 Sec. 7. Minnesota Statutes 2008, section 5A.06, is amended to read:
72.265A.06 COMPLAINTS.
72.27The secretary of state may, upon receipt of a complaint regarding an international
72.28student exchange organization, report the matter to the organization involved,the United
72.29States Information Agency, the Office of Exchange Coordination and Designation, United
72.30States Department of State, or the Council on Standards for International Educational
72.31Travel, as the secretary of state considers appropriate. The secretary may also investigate
72.32complaints received to determine if the issue raised is limited to one high school or if there
72.33are more systemic problems with placements made by a particular organization. An
72.34organization's registration automatically terminates if the organization fails to remain in
72.35compliance with local, state, and federal statutes and regulations.
73.1 Sec. 8. Minnesota Statutes 2008, section 270C.63, subdivision 13, is amended to read:
73.2 Subd. 13. Lien search fees. Upon request of any person, the filing officer shall issue
73.3a certificate showing whether there is recorded in that filing office, on the date and hour
73.4stated in the certificate, any notice of lien or certificate or notice affecting any lien filed on
73.5or after ten years before the date of the search certificate, naming a particular person, and
73.6giving the date and hour of filing of each notice or certificate naming the person. The fee
73.7for a certificate shall be as provided by section336.9-525 or
357.18, subdivision 1 , clause
73.8(3). Upon request, the filing officer shall furnish a copy of any notice of state lien, or
73.9notice or certificate affecting a state lien, for a fee of50 cents $1 per page, except that after
73.10the effective date of section 5.12, subdivision 1, that section shall govern the fee charged
73.11by the secretary of state for a copy or electronically transmitted image.
73.12 Sec. 9. Minnesota Statutes 2008, section 302A.821, is amended to read:
73.13302A.821 MINNESOTA CORPORATEREGISTRATION RENEWAL.
73.14 Subdivision 1. Annualregistration renewal. (a) The secretary of state must may
73.15send annually to each corporationat the registered office of the corporation a postcard,
73.16using the information provided by the corporation pursuant to section 5.002 or 5.34 or
73.17the articles of incorporation, a notice announcing the need to file the annualregistration
73.18renewal and informing the corporation that the annualregistration renewal may be filed
73.19online and that paper filings may also be made, and informing the corporation that failing
73.20to file the annualregistration renewal will result in an administrative dissolution of the
73.21corporation.
73.22(b) Each calendar year beginning in the calendar year following the calendar year
73.23in which a corporation incorporates, the corporation must file with the secretary of state
73.24by December 31 of each calendar year aregistration renewal containing the information
73.25listed in subdivision 2.
73.26 Subd. 2. Information required; manner of filing. Theregistration must include:
73.27filing must be made pursuant to section 5.34.
73.28(1) the name of the corporation;
73.29(2) the address of its principal executive office, if different from the registered
73.30office address;
73.31(3) the address of its registered office and the name of the registered agent, if any;
73.32(4) the state of incorporation; and
73.33(5) the name and business address of the officer or other person exercising the
73.34principal functions of the chief executive officer of the corporation.
74.1Subd. 3. Information public. The information required by subdivision 2 is public
74.2data. Chapter 13 does not apply to this information.
74.3 Subd. 4. Penalty; reinstatement. (a) A corporation that has failed to file a
74.4registration pursuant to the requirements of subdivision 2 renewal complying with section
74.55.34 must be dissolved by the secretary of state as described in paragraph (b).
74.6 (b) If the corporation has not filed theregistration renewal during any calendar year,
74.7the secretary of state must issue a certificate of administrative dissolution and the certificate
74.8must be filed in the Office of the Secretary of State. The secretary of state must make
74.9available in an electronic format the names of the dissolved corporations. A corporation
74.10dissolved in this manner is not entitled to the benefits of section302A.781 . The liability, if
74.11any, of the shareholders of a corporation dissolved in this manner shall be determined and
74.12limited in accordance with section302A.557 , except that the shareholders shall have no
74.13liability to any director of the corporation under section302A.559, subdivision 2 .
74.14 (c) After administrative dissolution, filing aregistration renewal complying with
74.15section 5.34 and the $25 fee with the secretary of state:
74.16 (1) returns the corporation to good standing as of the date of the dissolution;
74.17 (2) validates contracts or other acts within the authority of the articles, and the
74.18corporation is liable for those contracts or acts; and
74.19 (3) restores to the corporation all assets and rights of the corporation to the extent
74.20they were held by the corporation before the dissolution occurred, except to the extent that
74.21assets or rights were affected by acts occurring after the dissolution or sold or otherwise
74.22distributed after that time.
74.23 Sec. 10. Minnesota Statutes 2008, section 303.14, is amended to read:
74.24303.14 ANNUALREPORT RENEWAL.
74.25 Subdivision 1.Filed with secretary of state; contents Notice; filing. Each calendar
74.26year beginning in the calendar year following the calendar year in which a corporation
74.27receives a certificate of authority to do business in Minnesota, the secretary of state
74.28must mail by first class mail an annual registration form to the registered office of each
74.29corporation as shown on the records of the secretary of state. The form must include the
74.30following may send to the corporation, using the information provided by the corporation
74.31pursuant to section 5.002 or 5.34 or the application for certificate of authority, a notice:
74.32announcing the need to file the annual renewal and informing the corporation that the
74.33annual renewal may be filed online and that paper filings may also be made, and informing
74.34the corporation that failing to file the annual renewal will result in an administrative
74.35dissolution or revocation of certificate of authority to do business in Minnesota.
75.1"NOTICE: Failure to file this form by December 31 of this year will result in the
75.2revocation of the authority of this corporation to transact business in Minnesota without
75.3further notice from the secretary of state, pursuant to Minnesota Statutes, section 303.17."
75.4The corporation will submit a $115 fee with the annualregistration renewal and will
75.5set forth on the form: the items required by section 5.34.
75.6(1) the name of the corporation, and, if the corporation has designated an alternate
75.7name pursuant to section
303.05, subdivision 1, that alternate name;
75.8(2) the name of the registered agent of the corporation in Minnesota;
75.9(3) the address of its registered office;
75.10(4) the state of incorporation; and
75.11(5) the name and business address of the officer or other person exercising the
75.12principal functions of the chief executive officer of the corporation.
75.13 Sec. 11. Minnesota Statutes 2008, section 303.16, subdivision 4, is amended to read:
75.14 Subd. 4. Approval; filing. The application for withdrawal shall be delivered to
75.15the secretary of state. Upon receiving and examining the same, and upon finding that it
75.16conforms to the provisions of this chapter, the secretary of state shall, when all license
75.17fees, filing fees, and other charges other than the fee required by section 303.14 have been
75.18paid as required by law, file the same and shall issue and record a certificate of withdrawal.
75.19Upon the issuance of the certificate, the authority of the corporation to transact business
75.20in this state shall cease.
75.21 Sec. 12. Minnesota Statutes 2008, section 308A.995, is amended to read:
75.22308A.995PERIODIC REGISTRATION ANNUAL RENEWAL.
75.23 Subdivision 1.Periodic registration in certain years Annual renewal. Each
75.24cooperative governed by this chapter must filea periodic registration an annual renewal
75.25with the secretary of state in eachodd-numbered calendar year following the calendar year
75.26in which the cooperative was incorporated.In these years, The secretary of state must
75.27mail by first class mail a registration form to the registered office of each cooperative as
75.28shown on the records of the secretary of state, or if no such address is in the records, to
75.29the location of the principal place of business shown on the records of the secretary of
75.30state. The form must include the following notice: may send annually to the cooperative,
75.31using the information provided by the cooperative pursuant to section 5.002 or 5.34 or
75.32the articles of incorporation, a notice announcing the need to file the annual renewal and
75.33informing the cooperative that the annual renewal may be filed online and that paper
76.1filings may also be made, and informing the cooperative that failing to file the annual
76.2renewal will result in an administrative dissolution of the cooperative.
76.3"NOTICE: Failure to file this form by December 31 of this year will result in the
76.4dissolution of this cooperative without further notice from the secretary of state, pursuant
76.5to Minnesota Statutes, section
308A.995, subdivision 4, paragraph (b)."
76.6 Subd. 2. Minnesota cooperativeregistration renewal form. In each calendar year
76.7in which aregistration renewal is to be filed, a cooperative must file with the secretary of
76.8statea registration an annual renewal by December 31 of that calendar year containing:
76.9the items required by section 5.34.
76.10(1) the name of the cooperative;
76.11(2) the address of its registered office;
76.12(3) the address of its principal place of business, if different from the registered
76.13office address; and
76.14(4) the name and business address of the officer or other person exercising the
76.15principal functions of the chief executive officer of the cooperative.
76.16Subd. 3. Information public. The information required by subdivision 1 is public
76.17data.
76.18 Subd. 4. Penalty; dissolution. (a) A cooperative that has failed to file aregistration
76.19renewal pursuant to the requirements of this section by December 31 of the calendar year
76.20for which theregistration renewal was required must be dissolved by the secretary of
76.21state as described in paragraph (b).
76.22 (b) If the cooperative has not filed theregistration renewal by December 31 of that
76.23calendar year, the secretary of state must issue a certificate of involuntary dissolution, and
76.24the certificate must be filed in the Office of the Secretary of State. The secretary of state
76.25must make available in an electronic format the names of the dissolved cooperatives. A
76.26cooperative dissolved in this manner is not entitled to the benefits of section308A.981 .
76.27 Subd. 5. Reinstatement. A cooperative may retroactively reinstate its existence
76.28by filing a single annualregistration renewal and paying a $25 fee. Filing the annual
76.29registration renewal with the secretary of state:
76.30(1) returns the cooperative to active status as of the date of the dissolution;
76.31(2) validates contracts or other acts within the authority of the articles, and the
76.32cooperative is liable for those contracts or acts; and
76.33(3) restores to the cooperative all assets and rights of the cooperative and its
76.34shareholders or members to the extent they were held by the cooperative and its
76.35shareholders or members before the dissolution occurred, except to the extent that
77.1assets or rights were affected by acts occurring after the dissolution or sold or otherwise
77.2distributed after that time.
77.3EFFECTIVE DATE.This section is effective 30 days after the secretary of state
77.4certifies that the information systems of the Office of the Secretary of State have been
77.5modified to implement this section.
77.6 Sec. 13. Minnesota Statutes 2008, section 308B.121, subdivision 1, is amended to read:
77.7 Subdivision 1.Periodic registration in certain years Annual renewal. Each
77.8cooperative governed by this chapterand each foreign cooperative registered under
77.9section
308B.151a periodic registration an annual renewal with the secretary
77.10of statewith the initial articles and any amendment of the articles in each odd-numbered
77.11calendar year after the calendar year in which the cooperative incorporated.In these years,
77.12The secretary of statemust mail by first class mail a registration form to the registered
77.13office of each cooperative and registered foreign cooperative as shown in the records of
77.14the secretary of state, or if no such address is in the records, to the location of the principal
77.15place of business shown in the records of the secretary of state. For a cooperative, the
77.16form must include the following notice: may send annually to each cooperative, using the
77.17information provided by the cooperative pursuant to section 5.002 or 5.34 or the articles of
77.18organization, a notice announcing the need to file the annual renewal and informing the
77.19cooperative that the annual renewal may be filed online and that paper filings may also
77.20be made, and informing the cooperative that failing to file the annual renewal will result
77.21in an administrative dissolution.
77.22"NOTICE: Failure to file this form by December 31 of this year will result in the
77.23dissolution of this cooperative without further notice from the secretary of state, under
77.24Minnesota Statutes, section
308B.121, subdivision 4, paragraph (b)."
77.25For a foreign cooperative, the form must contain the following notice:
77.26"NOTICE: Failure to file this form by December 31 of this year will result in the
77.27loss of good standing and the authority to do business in Minnesota."
77.28EFFECTIVE DATE.This section is effective 30 days after the secretary of state
77.29certifies that the information systems of the Office of the Secretary of State have been
77.30modified to implement this section.
77.31 Sec. 14. Minnesota Statutes 2008, section 308B.121, subdivision 2, is amended to read:
77.32 Subd. 2.Registration Renewal form. In each calendar year in which a registration
77.33renewal is to be filed, a cooperative must file with the secretary of statea registration by
78.1December 31 of that calendar year a renewal containing: the items required by section
78.25.34.
78.3(1) the name of the cooperative;
78.4(2) the address of its registered office;
78.5(3) the address of its principal place of business, if different from the registered
78.6office address; and
78.7(4) the name and business address of the officer or other person exercising the
78.8principal functions of the chief executive officer of the cooperative.
78.9EFFECTIVE DATE.This section is effective 30 days after the secretary of state
78.10certifies that the information systems of the Office of the Secretary of State have been
78.11modified to implement this section.
78.12 Sec. 15. Minnesota Statutes 2008, section 317A.823, is amended to read:
78.13317A.823 ANNUAL CORPORATEREGISTRATION RENEWAL.
78.14 Subdivision 1. Annualregistration renewal. (a) The secretary of state must may
78.15send annually to each corporationat the registered office of the corporation, using the
78.16information provided by the corporation pursuant to section 5.002 or 5.34 or the articles of
78.17incorporation, apostcard notice announcing the need to file the annual registration renewal
78.18and informing the corporation that the annualregistration renewal may be filed online and
78.19that paper filings may also be made, and informing the corporation that failing to file the
78.20annualregistration renewal will result in an administrative dissolution of the corporation.
78.21 (b) Each calendar year beginning in the calendar year following the calendar year
78.22in which a corporation incorporates, a corporation must file with the secretary of state
78.23by December 31 of each calendar year a registration containing the informationlisted
78.24in paragraph (c) required by section 5.34.
78.25(c) The registration must include:
78.26(1) the name of the corporation;
78.27(2) the address of its registered office;
78.28(3) the name of its registered agent, if any; and
78.29(4) the name and business address of the officer or other person exercising the
78.30principal functions of president of the corporation.
78.31 Subd. 2. Penalty. (a) A corporation that has failed to file aregistration renewal
78.32pursuant tothe requirements of subdivision 1 must be dissolved by the secretary of state
78.33as described in paragraph (b).
79.1(b) If the corporation has not filed the delinquentregistration renewal, the secretary
79.2of state must issue a certificate of involuntary dissolution, and the certificate must be filed
79.3in the Office of the Secretary of State. The secretary of state must also make available in
79.4an electronic format the names of the dissolved corporations. A corporation dissolved in
79.5this manner is not entitled to the benefits of section317A.781 .
79.6 Sec. 16. Minnesota Statutes 2008, section 321.0206, is amended to read:
79.7321.0206 DELIVERY TO AND FILING OF RECORDS BY SECRETARY OF
79.8STATE; EFFECTIVE TIME AND DATE.
79.9 (a) A record authorized or required to be delivered to the secretary of state for filing
79.10under this chapter must be captioned to describe the record's purpose, be in a medium
79.11permitted by the secretary of state, and be delivered to the secretary of state. Unless the
79.12secretary of state determines that a record does not comply with the filing requirements
79.13of this chapter, and if the appropriate filing fees have been paid, the secretary of state
79.14shall file the record and:
79.15 (1) for a statement of dissociation, send:
79.16 (A) a copy of the filed statement to the person which the statement indicates has
79.17dissociated as a general partner; and
79.18 (B) a copy of the filed statement to the limited partnership;
79.19 (2) for a statement of withdrawal, send:
79.20 (A) a copy of the filed statement to the person on whose behalf the record was
79.21filed; and
79.22 (B) if the statement refers to an existing limited partnership, a copy of the filed
79.23statement to the limited partnership; and
79.24 (3) for all other records, send a copy of the filed record to the person on whose
79.25behalf the record was filed.
79.26 (b) Upon request and payment of a fee, the secretary of state shall send to the
79.27requester a certified copy of the requested record.
79.28 (c) Except as otherwise provided in sections321.0116 and
321.0207 , a record
79.29delivered to the secretary of state for filing under this chapter may specify an effective
79.30time and a delayed effective date. Except as otherwise provided in this chapter, a record
79.31filed by the secretary of state is effective:
79.32 (1) if the record does not specify an effective time and does not specify a delayed
79.33effective date, on the date and at the time the record is filed as evidenced by the secretary
79.34of state's endorsement of the date and time on the record;
80.1 (2) if the record specifies an effective time but not a delayed effective date, on the
80.2date the record is filed at the time specified in the record;
80.3 (3) if the record specifies a delayed effective date but not an effective time, at 12:01
80.4a.m. on the earlier of:
80.5 (A) the specified date; or
80.6 (B) the 30th day after the record is filed; or
80.7 (4) if the record specifies an effective time and a delayed effective date, at the
80.8specified time on the earlier of:
80.9 (A) the specified date; or
80.10 (B) the 30th day after the record is filed.
80.11 (d) The appropriate fees for filings under this chapter are:
80.12 (1) for filing a certificate of limited partnership, $100;
80.13 (2) for filing an amended certificate of limited partnership, $50;
80.14(3) for filing a name reservation for a limited partnership name, $35;
80.15(3) (4) for filing any other record, other than the annual report renewal required by
80.16section321.0210 , for which no fee must be charged, required or permitted to be delivered
80.17for filing, $35 50;
80.18(4) (5) for filing a certificate requesting authority to transact business in Minnesota
80.19as a foreign limited partnership, $85 100;
80.20(5) (6) for filing an application of reinstatement, $25;
80.21(6) (7) for filing a name reservation for a foreign limited partnership name, $35; and
80.22(7) (8) for filing any other record, other than the annual report renewal required by
80.23section321.0210 , for which no fee must be charged, required or permitted to be delivered
80.24for filing on a foreign limited partnership authorized to transact business in Minnesota,
80.25$50.
80.26 Sec. 17. Minnesota Statutes 2008, section 321.0210, is amended to read:
80.27321.0210 ANNUALREPORT RENEWAL FOR SECRETARY OF STATE.
80.28 (a) Subject to subsection (b):
80.29 (1) in each calendar year following the calendar year in which a limited partnership
80.30becomes subject to this chapter, the limited partnership must deliver to the secretary of
80.31state for filing an annualregistration renewal containing the information required by
80.32subsection (c); and
80.33 (2) in each calendar year following the calendar year in which there is first on file
80.34with the secretary of state a certificate of authority under section321.0904 pertaining to a
80.35foreign limited partnership, the foreign limited partnership must deliver to the secretary
81.1of state for filing an annualregistration renewal containing the information required by
81.2subsection (c).
81.3 (b) A limited partnership's obligation under subsection (a) ends if the limited
81.4partnership delivers to the secretary of state for filing a statement of termination under
81.5section321.0203 and the statement becomes effective under section
321.0206 . A foreign
81.6limited partnership's obligation under subsection (a) ends if the secretary of state issues
81.7and files a certificate of revocation under section321.0906 or if the foreign limited
81.8partnership delivers to the secretary of state for filing a notice of cancellation under
81.9section321.0907 (a) and that notice takes effect under section
321.0206 . If a foreign
81.10limited partnership's obligations under subsection (a) end and later the secretary of state
81.11files, pursuant to section321.0904 , a new certificate of authority pertaining to that foreign
81.12limited partnership, subsection (a)(2), again applies to the foreign limited partnership and,
81.13for the purposes of subsection (a)(2), the calendar year of the new filing is treated as the
81.14calendar year in which a certificate of authority is first on file with the secretary of state.
81.15 (c) The annualregistration renewal must contain: the items required by section 5.34.
81.16(1) the name of the limited partnership or foreign limited partnership;
81.17(2) the address of its designated office and the name and street and mailing address
81.18of its agent for service of process in Minnesota and, if the agent is not an individual, the
81.19name, street and mailing address, and telephone number of an individual who may be
81.20contacted for purposes other than service of process with respect to the limited partnership;
81.21(3) in the case of a limited partnership, the street and mailing address of its principal
81.22office; and
81.23(4) in the case of a foreign limited partnership, the name of the state or other
81.24jurisdiction under whose law the foreign limited partnership is formed and any alternate
81.25name adopted under section
321.0905(a).
81.26 (d) The secretary of state shall:
81.27 (1) administratively dissolve under section321.0809 a limited partnership that has
81.28failed to file aregistration renewal pursuant to subsection (a); and
81.29 (2) revoke under section321.0906 the certificate of authority of a foreign limited
81.30partnership that has failed to file aregistration renewal pursuant to subsection (a).
81.31 Sec. 18. Minnesota Statutes 2008, section 321.0810, is amended to read:
81.32321.0810 REINSTATEMENT FOLLOWING ADMINISTRATIVE
81.33DISSOLUTION.
81.34(a) A limited partnership that has been administratively dissolved or a foreign
81.35limited partnership that has had its certificate of authority revoked mayapply to the
82.1secretary of state for reinstatement reinstate after the effective date of dissolution. The
82.2application To reinstate, the annual renewal required by section 5.34 must be delivered to
82.3the secretary of state for filingand state: with the reinstatement fee of $25.
82.4(1) the name of the limited partnership and the effective date of its administrative
82.5dissolution;
82.6(2) that the grounds for dissolution either did not exist or have been eliminated; and
82.7(3) that the limited partnership's name satisfies the requirements of section
321.0108.
82.8The application must also include any documents that were required to be delivered
82.9for filing to the secretary of state but which were not so delivered.
82.10(b) If the secretary of state determines thatan application an annual renewal contains
82.11the information required by subsection (a) and that the information is correct andthe
82.12application includes is accompanied by the appropriate fee, the secretary of state shall file
82.13thereinstatement application and serve the limited partnership with a copy renewal and
82.14reinstate the limited partnership or foreign limited partnership.
82.15(c) When reinstatement becomes effective, it relates back to and takes effect as of the
82.16effective date of the administrative dissolution or revocation and the limited partnership
82.17may resume its activities as if the administrative dissolution or revocation had never
82.18occurred, except that for the purposes of section 321.0103(c) and (d) the reinstatement
82.19is effective only as of the date the reinstatement is filed.
82.20 Sec. 19. Minnesota Statutes 2008, section 322B.960, is amended to read:
82.21322B.960 ANNUALREGISTRATION RENEWAL.
82.22 Subdivision 1. Annualregistration renewal form. (a) The secretary of state
82.23must may send annually to each limited liability company at the registered office of the
82.24corporation a postcard, using the information provided by the limited liability company
82.25pursuant to section 5.002 or 5.34 or the articles of organization, a notice announcing the
82.26need to file the annualregistration renewal and informing the limited liability company
82.27that the annualregistration renewal may be filed online and that paper filings may also be
82.28made, and informing the limited liability company that failing to file the annualregistration
82.29renewal will result in an administrative termination of the limited liability company or the
82.30revocation of the authority of the limited liability company to do business in Minnesota.
82.31(b) Each calendar year beginning in the calendar year following the calendar year in
82.32which a limited liability company files articles of organization, a limited liability company
82.33must file with the secretary of state by December 31 of each calendar year aregistration
82.34renewal containing theinformation listed in subdivision 2 items required by section 5.34.
82.35Subd. 2. Information required; fees. The registration must include:
83.1(1) the name of the limited liability company or the name under which a foreign
83.2limited liability company has registered in this state;
83.3(2) the address of its principal executive office, if different from the registered
83.4address;
83.5(3) the address of its registered office;
83.6(4) the name of its registered agent, if any;
83.7(5) the state or jurisdiction of organization; and
83.8(6) the name and business address of the manager or other person exercising the
83.9principal functions of the chief manager of the limited liability company.
83.10 Subd. 4. Penalty. (a) A domestic limited liability company that has not filed
83.11aregistration renewal pursuant to the requirements of subdivision 2, this section is
83.12administratively terminated. The secretary of state shall issue a certificate of administrative
83.13termination which must be filed in the office of the secretary of state. The secretary of
83.14state must also make available in an electronic format the names of the terminated limited
83.15liability companies.
83.16(b) A non-Minnesota limited liability company that has not filed aregistration
83.17renewal pursuant tothe requirements of subdivision 2, this section shall have its authority
83.18to do business in Minnesota revoked. The secretary of state must issue a certificate of
83.19revocation which must be filed in the Office of the Secretary of State. The secretary
83.20of state must also make available in an electronic format the names of the revoked
83.21non-Minnesota limited liability companies.
83.22 Subd. 5. Reinstatement. If a limited liability company is administratively
83.23terminated or has its authority to do business in Minnesota revoked, it may retroactively
83.24reinstate its existence or authority to do business by filing a single annualregistration
83.25renewal and paying a $25 fee.
83.26(a) For a domestic limited liability company, filing the annualregistration renewal
83.27with the secretary of state:
83.28(1) returns the limited liability company to active status as of the date of the
83.29administrative termination;
83.30(2) validates contracts or other acts within the authority of the articles, and the
83.31limited liability company is liable for those contracts or acts; and
83.32(3) restores to the limited liability company all assets and rights of the limited
83.33liability company and its members to the extent they were held by the limited liability
83.34company and its members before the administrative termination occurred, except to the
83.35extent that assets or rights were affected by acts occurring after the termination, sold, or
83.36otherwise distributed after that time.
84.1(b) For a non-Minnesota limited liability company, filing the annualregistration
84.2renewal restores the limited liability company's ability to do business in Minnesota and
84.3the rights and privileges which accompany that authority.
84.4 Sec. 20. Minnesota Statutes 2008, section 323A.1003, is amended to read:
84.5323A.1003 ANNUALREGISTRATION RENEWAL.
84.6 (a) Each calendar year beginning in the calendar year following the calendar year
84.7in which a partnership files a statement of qualification or in which a foreign partnership
84.8becomes authorized to transact business in this state, the secretary of statemust mail by
84.9first class mail an annual registration form to the street address of the partnership's chief
84.10executive office, if located in Minnesota, the office in this state, if the chief executive
84.11office is not located in Minnesota, or address of the registered agent of the partnership
84.12as shown on the records of the secretary of state when the chief executive office is not
84.13located in Minnesota and no other Minnesota office exists may send annually to the
84.14partnership or foreign partnership, using the information provided by the limited liability
84.15partnership pursuant to section 5.002 or 5.34 or the limited liability partnership statement
84.16of qualification, a notice. Theform must include the following notice: will announce the
84.17need to file the annual renewal and will inform the partnership or foreign partnership that
84.18the annual renewal may be filed online and that paper filings may also be made and that
84.19"NOTICE: failure to file this form the notice by December 31 of this year will result
84.20in the revocation of the statement of qualification of this limited liability partnership.
84.21without further notice from the secretary of state pursuant to Minnesota Statutes, section
84.22323A.1003, subsection (d)."
84.23 (b) A limited liability partnership, and a foreign limited liability partnership
84.24authorized to transact business in this state, shall file an annualregistration renewal in the
84.25office of the secretary of state which contains: the information required by section 5.34.
84.26(1) the name of the limited liability partnership and the state or other jurisdiction
84.27under whose laws the foreign limited liability partnership is formed;
84.28(2) the street address, including the zip code, of the partnership's chief executive
84.29office and, if different, the street address, including the zip code, of an office of the
84.30partnership in this state, if any;
84.31(3) if the partnership does not have an office in this state, the name and street address,
84.32including the zip code, of the partnership's current agent for service of process; and
84.33(4) if the agent for service of process under clause (3) is not an individual, the name,
84.34street address, and telephone number of an individual who may be contacted for purposes
84.35other than service of process with respect to the limited liability partnership.
85.1 (c) An annualregistration renewal must be filed once each calendar year beginning
85.2in the year following the calendar year in which a partnership files a statement of
85.3qualification or a foreign partnership becomes authorized to transact business in this state.
85.4 (d) The secretary of state must revoke the statement of qualification of a partnership
85.5that fails to file an annualregistration renewal when due or pay the required filing fee. The
85.6secretary of state must issue a certificate of revocation which must be filed in the office
85.7of the secretary of state. The secretary of state must also make available in an electronic
85.8format the names of the revoked limited liability companies.
85.9 (e) A revocation under subsection (d) only affects a partnership's status as a limited
85.10liability partnership and is not an event of dissolution of the partnership.
85.11 (f) A partnership whose statement of qualification has been revoked may apply
85.12to the secretary of state for reinstatementwithin one year after the effective date of
85.13the revocation. A partnership must file an annual registration renewal to apply for
85.14reinstatement and pay a reinstatement fee of$135 $160.
85.15 (g) A reinstatement under subsection (f) relates back to and takes effect as of
85.16the effective date of the revocation, and the partnership's status as a limited liability
85.17partnership continues as if the revocation had never occurred.
85.18 Sec. 21. Minnesota Statutes 2008, section 333.055, is amended to read:
85.19333.055 TERM OF CERTIFICATE.
85.20 Subdivision 1. Application and renewal. Filing of a certificate hereunder shall be
85.21effectivefor a term of ten years from the date of filing and upon application filed within
85.22the six-month period prior to the expiration of such term or a renewal thereof, on a form
85.23prescribed by the secretary of state, upon filing and shall remain in effect as long as an
85.24annual renewal for the certificatemay be renewed for additional ten-year terms. A renewal
85.25fee as specified herein, payable to the secretary of state, shall accompany the application
85.26for renewal. is filed in each calendar year following the calendar year in which the original
85.27filing was filed. The certificate expires in the calendar year following a calendar year in
85.28which the annual renewal was not filed. Notice of the annual renewal requirement must be
85.29provided to the person or entity submitting the certificate at the time of the original filing.
85.30The secretary of state shall notify each business holding a certificate hereunder of
85.31the necessity of renewal thereof by writing to the last known address of the business at
85.32least six months prior to the certificate's expiration date.
85.33Assumed name certificates on file with the secretary of state upon the effective
85.34date of this section are exempt from the renewal requirements of this section until the
85.35expiration of the original ten-year term.
86.1 Subd. 2.Existing certificates Reinstatement. Any assumed name certificate of
86.2record in the district courts and in force on July 1, 1978 shall continue in force without
86.3the necessity of another filing under section
333.01 until July 31, 1979, at which time all
86.4such certificates shall expire unless renewed as hereinafter provided. Any certificate
86.5may be renewed by filing an application with the secretary of state on a form prescribed
86.6by the secretary and paying the renewal fee prescribed by subdivision 3 within the six
86.7month period prior to the expiration of the certificate that expires as a result of failing
86.8to file the annual renewal may be reinstated by filing the annual renewal with the $25
86.9reinstatement fee.
86.10 Subd. 2a. Annual renewal; contents. The annual renewal filed under subdivision 1
86.11must include the assumed name and the address of the principal place of business.
86.12 Subd. 3. Fees. The secretary of state shall charge and collect: a fee of $30 for
86.13each filing submitted with respect to an assumed name except for the annual renewal,
86.14for which no fee will be charged.
86.15(a) for the filing of each certificate or amended certificate of an assumed name - $25;
86.16(b) certificate renewal fee - $25.
86.17 Subd. 4. Secretary of state duties. The secretary of state shall accept for filing all
86.18certificates and renewals thereof which comply with the provisions of sections333.001 to
86.19333.06
and which are accompanied by the prescribed fees, notwithstanding the fact that
86.20the assumed name disclosed therein may not be distinguishable from one or more other
86.21assumed names already filed with the secretary of state. The secretary of state shall not
86.22accept for filing a certificate that discloses an assumed name that is not distinguishable
86.23from a corporate, limited liability company, limited liability partnership, cooperative, or
86.24limited partnership name in use or reserved in this state by another or a trade or service
86.25mark registered with the secretary of state, unless there is filed with the certificate a written
86.26consent, court decree of prior right, or affidavit of nonuser of the kind required by section
86.27302A.115, subdivision 1
, clause (d). The secretary of state shall determine whether a name
86.28is distinguishable from another name for purposes of this subdivision.
86.29EFFECTIVE DATE; APPLICATION.The amendments to this section are
86.30effective 30 days after the secretary of state certifies that the information systems of the
86.31Office of the Secretary of State have been modified to implement this section, and the
86.32amendments to this section apply to all existing and new assumed name certificates on
86.33and after that date.
86.34 Sec. 22. Minnesota Statutes 2008, section 336A.04, subdivision 3, is amended to read:
87.1 Subd. 3. Fees. The fee for filing and indexing a standard form or format for a lien
87.2notice, effective financing statement, or continuation statement, and stamping the date and
87.3place of filing on a copy of the filed document furnished by the filing party is$15 until
87.4June 30, 2005. Effective July 1, 2005, the fee for each filing will be as follows:
87.5(1) $20 for each effective financing statement and $15 for each lien notice or other
87.6filing made through the Web interface of the Office of the Secretary of State;and
87.7(2) $25 for each effective financing statement and $20 for each lien notice or other
87.8filing submitted in any other manner.; and
87.9(3) no fee will be charged for filing a termination statement.
87.10Filing fees collected by a satellite office must be deposited in the general fund of the
87.11county in which the satellite office is located.
87.12 Sec. 23. Minnesota Statutes 2008, section 336A.09, subdivision 2, is amended to read:
87.13 Subd. 2. Searches; fees. (a) If a person makes a request, the filing officer shall
87.14conduct a search of the computerized filing system for effective financing statements or
87.15lien notices and statements of continuation of a particular debtor. The filing officer shall
87.16produce a report including the date, time, and results of the search by issuing:
87.17(1) a listing of the file number, date, and hour of each effective financing statement
87.18found in the search and the names and addresses of each secured party on the effective
87.19financing statements or of each lien notice found in the search and the names and address
87.20of each lienholder on the lien notice; or
87.21(2) upon request, both the report and photocopies of the effective financing
87.22statements or lien notices.
87.23(b) The uniform fee for conducting a search and for preparing a report is $20 per
87.24debtor name.If an oral or facsimile response is requested, there is an additional fee of $5
87.25per debtor name requested. A fee of $1 per page as set by section 5.12 will be charged for
87.26photocopies of effective financing statements, lien notices, continuation statements, or
87.27termination statements.
87.28(c) Search fees collected by a satellite office must be deposited in the general fund of
87.29the county where the satellite office is located.
87.30 Sec. 24. Minnesota Statutes 2008, section 359.01, subdivision 3, is amended to read:
87.31 Subd. 3. Fees. (a) When making application for a commission the applicant must
87.32submit, along with the information required by the secretary of state, a nonrefundable
87.33fee of $40.
88.1(b) All fees shall be retained by the secretary of state and are nonreturnable, except
88.2that for an overpayment of a fee is the subject of a refund upon proper application.
1.3and administrative expenses of state government; regulating state and local
1.4government operations; enhancing state financial management and internal
1.5controls; implementing procedures for dealing with false claims made involving
1.6state funds or property; requiring Web site with searchable database on state
1.7expenditures; establishing technology development lease-purchase financing;
1.8creating the Minnesota Geospatial Information Office; establishing a preference
1.9for service-disabled veteran-owned small businesses on state procurement
1.10contract bid solicitations; establishing a statewide electronic licensing system;
1.11creating the management analysis revolving fund; modifying provisions on
1.12use of property in certain areas; requiring state institutions in the colleges and
1.13university system to prepare a residential housing list for use in election day
1.14registration; modifying provisions for small business contracts; modifying voter
1.15registration provisions; allowing municipalities to participate in the state's
1.16cooperative purchasing; setting standards on use of state employees' electronic
1.17personal health records; prohibiting transfer of Environmental Quality Board
1.18duties or staff; requiring LRT mitigation impacts in the capitol area; transferring
1.19duties and staff from Land Management Information Center to Minnesota
1.20Geospatial Information Office; modifying provisions for secretary of state
1.21duties; requiring reports; establishing penalties; appropriating money;amending
1.22Minnesota Statutes 2008, sections 3.97, by adding a subdivision; 3.971,
1.23subdivision 6; 3.975; 4A.02; 5.12, subdivision 1; 5.29; 5.32; 5A.03; 5A.06;
1.2410.43; 10.60, subdivision 2, by adding a subdivision; 10A.31, subdivision 4;
1.2511A.07, subdivision 4; 13.64; 16A.055, subdivision 1, by adding a subdivision;
1.2616A.11, by adding a subdivision; 16A.126, subdivision 1; 16A.133, subdivision
1.271; 16A.139; 16A.152, by adding a subdivision; 16B.24, by adding subdivisions;
1.2816B.54, subdivision 2; 16C.16, by adding a subdivision; 16C.19; 16C.20;
1.2943A.02, by adding a subdivision; 43A.1815; 43A.24, subdivision 1; 43A.49;
1.30116G.15; 135A.17, subdivision 2; 161.321; 201.061, subdivisions 1, 3; 201.071,
1.31subdivision 1; 201.091, by adding a subdivision; 211B.37; 270C.63, subdivision
1.3213; 302A.821; 303.14; 303.16, subdivision 4; 308A.995; 308B.121, subdivisions
1.331, 2; 317A.823; 321.0206; 321.0210; 321.0810; 322B.960; 323A.1003; 333.055;
1.34336A.04, subdivision 3; 336A.09, subdivision 2; 359.01, subdivision 3; 471.345,
1.35subdivision 15; 473.142; Laws 2005, chapter 156, article 2, section 45, as
1.36amended; Laws 2005, chapter 162, section 34, subdivision 2; Laws 2007,
1.37chapter 131, article 2, section 22; Laws 2007, chapter 148, article 2, section 79;
1.38proposing coding for new law in Minnesota Statutes, chapters 3; 4; 5; 10; 15B;
1.3916A; 16B; 16E; 43A; 116G; 270C; proposing coding for new law as Minnesota
2.1Statutes, chapter 15C; repealing Minnesota Statutes 2008, sections 4A.05;
2.216C.046; 116G.151; 240A.08; 645.44, subdivision 19.
2.3BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
| 2.6 |
Section 1. STATE GOVERNMENT APPROPRIATIONS. |
||||||
2.8agencies and for the purposes specified in this article. The appropriations are from the
2.9general fund, or another named fund, and are available for the fiscal years indicated
2.10for each purpose. The figures "2010" and "2011" used in this article mean that the
2.11appropriations listed under them are available for the fiscal year ending June 30, 2010, or
2.12June 30, 2011, respectively. "The first year" is fiscal year 2010. "The second year" is fiscal
2.13year 2011. "The biennium" is fiscal years 2010 and 2011.
| 2.14 |
APPROPRIATIONS |
||||||
| 2.15 |
Available for the Year |
||||||
| 2.16 |
Ending June 30 |
||||||
| 2.17 |
2010 |
2011 |
|||||
| 2.18 |
Sec. 2. LEGISLATURE |
||||||
| 2.19 |
Subdivision 1.Total Appropriation |
$ |
67,352,000 |
$ |
67,326,000 |
||
| 2.20 |
Appropriations by Fund |
||
| 2.21 |
2010 |
2011 |
|
| 2.22 |
General |
67,174,000 |
67,148,000 |
| 2.23 |
Health Care Access |
178,000 |
178,000 |
2.25purpose are specified in the following
2.26subdivisions.
| 2.27 |
Subd. 2.Senate |
21,810,000 |
21,810,000 |
||||
| 2.28 |
Subd. 3.House of Representatives |
29,940,000 |
29,940,000 |
||||
2.30any revenues received by the house of
2.31representatives from sponsorship notices in
2.32broadcast or print media are appropriated to
2.33the house of representatives.
3.1The house must develop a system under
3.2which members and employees have
3.3electronic access to their payroll and payroll
3.4deduction information.
| 3.5 |
Subd. 4.Legislative Coordinating Commission |
15,602,000 |
15,576,000 |
||||
| 3.6 |
Appropriations by Fund |
||
| 3.7 |
General |
15,424,000 |
15,398,000 |
| 3.8 |
Health Care Access |
178,000 |
178,000 |
3.10the second year are for the Office of the
3.11Revisor of Statutes.
3.12(b) $1,379,000 the first year and $1,379,000
3.13the second year are for the Legislative
3.14Reference Library.
3.15(c) $5,833,000 the first year and $5,833,000
3.16the second year are for the Office of the
3.17Legislative Auditor.
3.18(d) $10,000 the first year is for purposes
3.19of the legislators' forum, through which
3.20Minnesota legislators meet with counterparts
3.21from South Dakota, North Dakota, and
3.22Manitoba to discuss issues of mutual
3.23concern. This appropriation is available until
3.24June 30, 2011.
| 3.25 3.26 |
Sec. 3. GOVERNOR AND LIEUTENANT GOVERNOR |
$ |
4,245,000 |
$ |
4,245,000 |
||
3.28Governor and Lieutenant Governor.
3.29$19,000 the first year and $19,000 the
3.30second year are for necessary expenses in
3.31the normal performance of the governor's
3.32and lieutenant governor's duties for which no
3.33other reimbursement is provided.
| 4.1 |
Sec. 4. STATE AUDITOR |
$ |
9,858,000 |
$ |
9,178,000 |
||
4.3activities under the American Recovery
4.4and Reinvestment Act of 2009. This
4.5appropriation remains available through June
4.630, 2011.
| 4.7 |
Sec. 5. ATTORNEY GENERAL |
$ |
25,631,000 |
$ |
25,631,000 |
||
| 4.15 |
Sec. 6. SECRETARY OF STATE |
$ |
5,910,000 |
$ |
5,909,000 |
||
4.17established in Minnesota Statutes, section
4.185.30, pursuant to the Help America Vote Act,
4.19are appropriated for the purposes and uses
4.20authorized by federal law.
| 4.21 4.22 |
Sec. 7. CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD |
$ |
698,000 |
$ |
698,000 |
||
| 4.23 |
Sec. 8. INVESTMENT BOARD |
$ |
151,000 |
$ |
151,000 |
||
| 4.24 4.25 |
Sec. 9. OFFICE OF ENTERPRISE TECHNOLOGY |
$ |
5,758,000 |
$ |
5,758,000 |
||
4.27commissioner of finance and the chief
4.28information officer under Laws 2007, chapter
4.29148, article 1, section 10, paragraph (e),
4.30regarding the determination of the savings
4.31attributable to the electronic licensing
4.32system and information technology security
4.33improvements are inoperative.
| 5.1 |
Sec. 10. ADMINISTRATIVE HEARINGS |
$ |
7,525,000 |
$ |
7,525,000 |
||
| 5.2 |
Appropriations by Fund |
||
| 5.3 |
2010 |
2011 |
|
| 5.4 |
General |
275,000 |
275,000 |
| 5.5 5.6 |
Workers' Compensation |
7,250,000 |
7,250,000 |
| 5.7 |
Sec. 11. ADMINISTRATION |
||||||
| 5.8 |
Subdivision 1.Total Appropriation |
$ |
19,260,000 |
$ |
18,905,000 |
||
| 5.9 |
Appropriations by Fund |
||
| 5.10 |
2010 |
2011 |
|
| 5.11 |
General |
19,010,000 |
18,905,000 |
| 5.12 5.13 |
Special Revenue Fund |
250,000 |
0 |
5.15purpose are specified in the following
5.16subdivisions.
| 5.17 |
Subd. 2.Government and Citizen Services |
17,384,000 |
17,054,000 |
||||
| 5.18 |
Appropriations by Fund |
||
| 5.19 |
General |
17,134,000 |
17,054,000 |
| 5.20 5.21 |
Special Revenue Fund |
250,000 |
0 |
5.23the second year are for the Minnesota
5.24Geospatial Information Office. Of the total
5.25appropriation, $10,000 per year is intended
5.26for preparation of township acreage data in
5.27Laws 2008, chapter 366, article 17, section
5.287, subdivision 3.
5.29(b) $74,000 the first year and $74,000
5.30the second year are for the Council on
5.31Developmental Disabilities.
5.32(c) $134,000 the first year and $134,000 the
5.33second year are for a grant to the Council on
5.34Developmental Disabilities for the purpose
5.35of establishing a statewide self-advocacy
6.1network for persons with intellectual and
6.2developmental disabilities (ID/DD). The
6.3self-advocacy network shall: (1) ensure
6.4that persons with ID/DD are informed
6.5of their rights in employment, housing,
6.6transportation, voting, government policy,
6.7and other issues pertinent to the ID/DD
6.8community; (2) provide public education
6.9and awareness of the civil and human
6.10rights issues persons with ID/DD face; (3)
6.11provide funds, technical assistance, and
6.12other resources for self-advocacy groups
6.13across the state; and (4) organize systems of
6.14communications to facilitate an exchange of
6.15information between self-advocacy groups.
6.16(d) $250,000 the first year and $170,000 the
6.17second year are to fund activities to prepare
6.18for and promote the 2010 census.
6.19(e) $206,000 the first year and $206,000 the
6.20second year are for the Office of the State
6.21Archaeologist.
6.22(f) The requirements imposed on
6.23the commissioner of finance and the
6.24commissioner of administration under
6.25Laws 2007, chapter 148, article 1, section
6.2612, subdivision 2, paragraph (b), relating
6.27to the savings attributable to the real
6.28property portfolio management system are
6.29inoperative.
6.30(g) $250,000 is appropriated to the
6.31commissioner of administration from the
6.32information and telecommunications account
6.33in the special revenue fund to continue
6.34planning for data center consolidation,
6.35including completing a predesign study
7.1and lifecycle cost analysis, and exploring
7.2technologies to reduce energy consumption
7.3and operating costs.
7.4(f) $8,388,000 the first year and $8,388,000
7.5the second year are for office space costs of
7.6the legislature and veterans organizations,
7.7for ceremonial space, and for statutorily free
7.8space.
| 7.9 |
Subd. 3.Administrative Management Support |
1,876,000 |
1,851,000 |
||||
7.11Grant Management. During the biennium
7.12ending June 30, 2011, the commissioner
7.13must recover this amount through deductions
7.14in state grants subject to the jurisdiction
7.15of the office. The amount deducted from
7.16appropriations for these grants must be
7.17deposited in the general fund.
7.18$25,000 the first year is for the Office
7.19of Grants Management to study and
7.20make recommendations on improving
7.21collaborative activities between the state,
7.22nonprofit entities, and the private sector,
7.23including: (1) recommendations for
7.24expanding successful initiatives involving
7.25not-for-profit organizations that have
7.26demonstrated measurable, positive results
7.27in addressing high-priority community
7.28issues; and (2) recommendations on grant
7.29requirements and design to encourage
7.30programs receiving grants to become
7.31self-sufficient. The office may appoint an
7.32advisory group to assist in the study and
7.33recommendations. The office must report
7.34its recommendations to the legislature by
7.35January 15, 2010.
| 8.1 8.2 8.3 |
Sec. 12. CAPITOL AREA ARCHITECTURAL AND PLANNING BOARD |
$ |
354,000 |
$ |
354,000 |
||
| 8.4 |
Sec. 13. FINANCE |
$ |
20,530,000 |
$ |
20,030,000 |
||
8.6reporting of federal funds received under the
8.7American Recovery and Reinvestment Act
8.8of 2009. This appropriation is available until
8.9June 30, 2011.
| 8.10 |
Sec. 14. REVENUE |
||||||
| 8.11 |
Subdivision 1.Total Appropriation |
$ |
127,802,000 |
$ |
130,275,000 |
||
8.20purpose are specified in subdivisions 2 and 3.
| 8.21 |
Subd. 2.Tax System Management |
103,528,000 |
105,379,000 |
||||
8.29commissioners of finance and revenue under
8.30Laws 2007, chapter 148, article 1, section
8.3116, subdivision 2, paragraph (d), relating to
8.32the determination of savings attributable to
8.33implementing the integrated tax software
8.34package are inoperative.
9.1(a) $1,925,000 the first year and $3,788,000
9.2the second year are for additional activities
9.3to identify and collect tax liabilities from
9.4individuals and businesses that currently
9.5do not pay all taxes owed. This initiative
9.6is expected to result in new general fund
9.7revenues of $12,825,000 for the biennium
9.8ending June 30, 2011.
9.9(b) The department must report to the chairs
9.10of the house of representatives Ways and
9.11Means and senate Finance Committees by
9.12March 1, 2010, and January 15, 2011, on the
9.13following performance indicators:
9.14(1) the number of corporations noncompliant
9.15with the corporate tax system each year and
9.16the percentage and dollar amounts of valid
9.17tax liabilities collected;
9.18(2) the number of businesses noncompliant
9.19with the sales and use tax system and the
9.20percentage and dollar amount of the valid tax
9.21liabilities collected; and
9.22(3) the number of individual noncompliant
9.23cases resolved and the percentage and dollar
9.24amounts of valid tax liabilities collected.
| 9.25 |
Subd. 3.Debt Collection Management |
24,274,000 |
24,896,000 |
||||
9.27second year are for additional activities
9.28to identify and collect tax liabilities from
9.29individuals and businesses that currently
9.30do not pay all taxes owed. This initiative
9.31is expected to result in new general fund
9.32revenues of $17,250,000 for the biennium
9.33ending June 30, 2011.
| 9.34 |
Sec. 15. GAMBLING CONTROL |
$ |
2,940,000 |
$ |
2,940,000 |
||
10.2gambling regulation account in the special
10.3revenue fund.
| 10.4 |
Sec. 16. RACING COMMISSION |
$ |
899,000 |
$ |
899,000 |
||
10.6and card playing regulation accounts in the
10.7special revenue fund.
| 10.8 |
Sec. 17. STATE LOTTERY |
||||||
10.10
10.11must not exceed $28,111,000 in fiscal year
10.122010 and $28,740,000 in fiscal year 2011.
| 10.13 |
Sec. 18. TORT CLAIMS |
$ |
161,000 |
$ |
161,000 |
||
10.15according to Minnesota Statutes, section
10.163.736, subdivision 7. If the appropriation for
10.17either year is insufficient, the appropriation
10.18for the other year is available for it.
| 10.19 10.20 |
Sec. 19. MINNESOTA STATE RETIREMENT SYSTEM |
||||||
| 10.21 |
Subdivision 1.Total Appropriation |
$ |
2,346,000 |
$ |
2,405,000 |
||
10.23purpose are specified in the following
10.24subdivisions.
| 10.25 |
Subd. 2.Legislators |
1,889,000 |
1,937,000 |
||||
10.27subdivision 2;
10.28and
| 10.29 |
Subd. 3. Constitutional Officers |
457,000 |
468,000 |
||||
11.1If an appropriation in this section for either
11.2year is insufficient, the appropriation for the
11.3other year is available for it.
| 11.4 11.5 |
Sec. 20. MINNEAPOLIS EMPLOYEES RETIREMENT FUND |
$ |
9,000,000 |
$ |
9,000,000 |
||
11.7under Minnesota Statutes, section 422A.101,
11.8subdivision 3.
| 11.9 11.10 |
Sec. 21. TEACHERS RETIREMENT ASSOCIATION |
$ |
15,454,000 |
$ |
15,454,000 |
||
11.12specified in paragraphs (a) and (b):
11.13(a) $12,954,000 the first year and
11.14$12,954,000 the second year are for special
11.15direct state aid authorized under Minnesota
11.16Statutes, section 354A.12, subdivisions 3a
11.17and 3c.
11.18(b) $2,500,000 the first year and $2,500,000
11.19the second year are for special direct state
11.20matching aid authorized under Minnesota
11.21Statutes, section 354A.12, subdivision 3b.
| 11.22 11.23 |
Sec. 22. ST. PAUL TEACHERS RETIREMENT FUND |
$ |
2,827,000 |
$ |
2,827,000 |
||
11.25special direct state aid to first class city
11.26teachers retirement funds authorized under
11.27Minnesota Statutes, section
11.28subdivisions 3a and 3c.
| 11.29 11.30 |
Sec. 23. DULUTH TEACHERS RETIREMENT FUND |
$ |
346,000 |
$ |
346,000 |
||
11.32special direct state aid to first class city
11.33teachers retirement funds authorized under
12.1Minnesota Statutes, section
12.2subdivisions 3a and 3c.
| 12.3 12.4 |
Sec. 24. GENERAL CONTINGENT ACCOUNTS |
$ |
2,775,000 |
$ |
500,000 |
||
| 12.5 |
Appropriations by Fund |
||
| 12.6 |
2010 |
2011 |
|
| 12.7 |
General |
2,275,000 |
0 |
| 12.8 12.9 |
State Government Special Revenue |
400,000 |
400,000 |
| 12.10 12.11 |
Workers' Compensation |
100,000 |
100,000 |
12.13may only be spent with the approval of
12.14the governor after consultation with the
12.15Legislative Advisory Commission pursuant
12.16to Minnesota Statutes, section 3.30.
12.17(b) Of the appropriation to the general fund
12.18contingent account, $1,775,000 is a onetime
12.19appropriation for potential state matching
12.20requirements needed to maximize receipt of
12.21federal funds under the American Recovery
12.22and Reinvestment Act of 2009.
12.23(c) If an appropriation in this section for
12.24either year is insufficient, the appropriation
12.25for the other year is available for it.
12.26(d) If a contingent account appropriation
12.27is made in one fiscal year, it should be
12.28considered a biennial appropriation.
| 12.29 |
Sec. 25. AMATEUR SPORTS COMMISSION |
$ |
270,000 |
$ |
270,000 |
||
12.31the commission under Laws 2005, chapter
12.32156, article 2, section 43, is reduced in the
12.33first year and the second year by the amounts
12.34appropriated in this section.
| 13.1 13.2 |
Sec. 26. COUNCIL ON BLACK MINNESOTANS |
$ |
316,000 |
$ |
316,000 |
||
| 13.3 13.4 |
Sec. 27. COUNCIL ON CHICANO/LATINO AFFAIRS |
$ |
298,000 |
$ |
298,000 |
||
| 13.5 13.6 |
Sec. 28. COUNCIL ON ASIAN-PACIFIC MINNESOTANS |
$ |
275,000 |
$ |
275,000 |
||
| 13.7 |
Sec. 29. INDIAN AFFAIRS COUNCIL |
$ |
500,000 |
$ |
500,000 |
||
13.9council relating to Indian burial sites,
13.10including activities relating to unfunded
13.11federal mandates.
13.12 Sec. 30. PROBLEM GAMBLING APPROPRIATION.
13.13 $225,000 in fiscal year 2010 and $225,000 in fiscal year 2011 are appropriated from
13.14the lottery prize fund to the Gambling Control Board for a grant to the state affiliate
13.15recognized by the National Council on Problem Gambling. The affiliate must provide
13.16services to increase public awareness of problem gambling, education and training for
13.17individuals and organizations providing effective treatment services to problem gamblers
13.18and their families, and research relating to problem gambling. These services must be
13.19complimentary to and not duplicative of the services provided through the problem
13.20gambling program administered by the commissioner of human services. Of this
13.21appropriation, $50,000 in fiscal year 2010 and $50,000 in fiscal year 2011 are contingent
13.22on the contribution of nonstate matching funds. Matching funds may be either cash or
13.23qualifying in-kind contributions. The commissioner of finance may disburse the state
13.24portion of the matching funds in increments of $25,000 upon receipt of a commitment for
13.25an equal amount of matching nonstate funds. These are onetime appropriations.
13.26 Sec. 31. MANAGERIAL POSITION REDUCTIONS.
13.27The governor must reduce the number of deputy commissioners, assistant
13.28commissioners, and positions designated as unclassified under authority of Minnesota
13.29Statutes, section 43A.08, subdivision 1a, by an amount that will generate savings to the
13.30general fund of $16,488,000 in the biennium ending June 30, 2011, and $16,488,000 in
13.31the biennium ending June 30, 2013. The commissioner of finance shall determine the
14.1costs of salaries and benefits attributable to the positions eliminated by this section, and
14.2reduce the appropriation to each affected agency accordingly.
14.5 Section 1. [3.057] ENTERPRISE SERVICES AND GOVERNMENT
14.6EFFICIENCY.
14.7The finance committee divisions in the house of representatives and the senate
14.8with jurisdiction over state government finance issues must be known as the "Enterprise
14.9Services and Government Efficiency Finance Divisions," and must conduct periodic
14.10Kaizen events to ensure that the divisions operate in a LEAN manner.
14.11 Sec. 2. Minnesota Statutes 2008, section 3.97, is amended by adding a subdivision to
14.12read:
14.13 Subd. 2a. Review of financial management and internal controls. The
14.14commission shall monitor internal control systems in state government to the extent
14.15necessary to ensure that management has established and implemented effective systems
14.16and procedures. The commission shall also review legislative auditor audits and reports
14.17and make recommendations, as the commission determines necessary, for improvements
14.18in the state's system of financial management. In furtherance of these duties, the
14.19commission shall:
14.20(1) receive reports and recommendations from the legislative auditor, the financial
14.21controls council, and from internal auditors in state agencies;
14.22(2) review significant findings and recommendations from the legislative auditor's
14.23financial audits of state agencies and from agency internal auditors, together with state
14.24agency management's responses and action plans;
14.25(3) review the scope of annual audit plans for the state's internal audit function;
14.26(4) review the qualifications, performance, and objectivity of the state's internal audit
14.27function, including the activities of the commissioner in section 16A.056;
14.28(5) review with the legislative auditor any audit problems or difficulties and
14.29management's responses, any difficulties the auditor encountered during the course of
14.30the audit work, including any restrictions on the scope of the auditor's activities or on
14.31access to requested information, and any significant disagreements between the auditor
14.32and management;
15.1(6) make recommendations to the governor and the legislature for changes in laws or
15.2policies necessary to deal with agencies that have not satisfactorily addressed repeated
15.3problems with financial controls;
15.4(7) make recommendations to the governor and the legislature for changes needed in
15.5state laws, policies, procedures, or personnel, to ensure an effective system of internal
15.6controls that safeguards public funds and assets and minimizes incidences of fraud, waste,
15.7and abuse;
15.8(8) conduct hearings as necessary regarding the effectiveness of internal control or
15.9internal audit functions of any state agency; and
15.10(9) contract with outside auditors as the commission determines is beneficial for the
15.11state's internal audit function and internal controls.
15.12 Sec. 3. Minnesota Statutes 2008, section 3.971, subdivision 6, is amended to read:
15.13 Subd. 6. Financial audits. The legislative auditor shall audit the financial
15.14statements of the state of Minnesota required by section
15.15shall audit Minnesota State Colleges and Universities, the University of Minnesota, state
15.16agencies, departments, boards, commissions, courts, and other state organizations subject
15.17to audit by the legislative auditor, including the State Agricultural Society, Agricultural
15.18Utilization Research Institute, Enterprise Minnesota, Inc., Minnesota Historical
15.19Society, Labor Interpretive Center, Minnesota Partnership for Action Against Tobacco,
15.20Metropolitan Sports Facilities Commission, Metropolitan Airports Commission, and
15.21Metropolitan Mosquito Control District. Financial audits must be conducted according to
15.22generally accepted government auditing standards. The legislative auditor shall see that
15.23all provisions of law respecting the appropriate and economic use of public funds are
15.24complied with and may, as part of a financial audit or separately, investigate allegations of
15.25noncompliance
15.26
15.27 Sec. 4. Minnesota Statutes 2008, section 3.975, is amended to read:
15.283.975 DUTIES CONCERNING MISUSE OF PUBLIC MONEY OR OTHER
15.29RESOURCES.
15.30If a legislative auditor's examination discloses that a state official or employee has
15.31used money for a purpose other than the purpose for which the money was appropriated
15.32or discloses any other misuse of public money or other public resources, the legislative
15.33auditor shall file a report with the Legislative Audit Commission, the attorney general, and
15.34the appropriate county attorney. The attorney general shall seek recovery of money and
16.1other resources as the evidence may warrant. The county attorney shall cause criminal
16.2proceedings to be instituted as the evidence may warrant.
16.3EFFECTIVE DATE.This section is effective the day following final enactment.
16.4 Sec. 5. [4.041] GOVERNOR'S OFFICE BUDGET.
16.5Any personnel costs attributable to the office of the governor and the lieutenant
16.6governor must be accounted for through an appropriation to the office of the governor.
16.7The office of the governor and the lieutenant governor may not enter into agreements with
16.8other executive branch agencies under which these personnel costs are supported by
16.9appropriations to other agencies.
16.10 Sec. 6. Minnesota Statutes 2008, section 4A.02, is amended to read:
16.114A.02 STATE DEMOGRAPHER.
16.12(a) The director shall appoint a state demographer. The demographer must be
16.13professionally competent in demography and must possess demonstrated ability based
16.14upon past performance.
16.15(b) The demographer shall:
16.16(1) continuously gather and develop demographic data relevant to the state;
16.17(2) design and test methods of research and data collection;
16.18(3) periodically prepare population projections for the state and designated regions
16.19and periodically prepare projections for each county or other political subdivision of the
16.20state as necessary to carry out the purposes of this section;
16.21(4) review, comment on, and prepare analysis of population estimates and
16.22projections made by state agencies, political subdivisions, other states, federal agencies, or
16.23nongovernmental persons, institutions, or commissions;
16.24(5) serve as the state liaison with the United States Bureau of the Census, coordinate
16.25state and federal demographic activities to the fullest extent possible, and aid the
16.26legislature in preparing a census data plan and form for each decennial census;
16.27(6) compile an annual study of population estimates on the basis of county, regional,
16.28or other political or geographical subdivisions as necessary to carry out the purposes of
16.29this section and section
16.30(7) by January 1 of each year, issue a report to the legislature containing an analysis
16.31of the demographic implications of the annual population study and population projections;
16.32(8) prepare maps for all counties in the state, all municipalities with a population
16.33of 10,000 or more, and other municipalities as needed for census purposes, according to
17.1scale and detail recommended by the United States Bureau of the Census, with the maps
17.2of cities showing precinct boundaries;
17.3(9) prepare an estimate of population and of the number of households for each
17.4governmental subdivision for which the Metropolitan Council does not prepare an annual
17.5estimate, and convey the estimates to the governing body of each political subdivision
17.6by June 1 of each year;
17.7(10) direct, under section
17.8household estimates of annexed or detached areas of municipalities or towns after being
17.9notified of the order or letter of approval by the chief administrative law judge of the
17.10State Office of Administrative Hearings;
17.11(11) prepare, for any purpose for which a population estimate is required by law
17.12or needed to implement a law, a population estimate of a municipality or town whose
17.13population is affected by action under section
17.14(12) prepare an estimate of average household size for each statutory or home rule
17.15charter city with a population of 2,500 or more by June 1 of each year.
17.16(c) A governing body may challenge an estimate made under paragraph (b) by filing
17.17their specific objections in writing with the state demographer by June 24. If the challenge
17.18does not result in an acceptable estimate, the governing body may have a special census
17.19conducted by the United States Bureau of the Census. The political subdivision must
17.20notify the state demographer by July 1 of its intent to have the special census conducted.
17.21The political subdivision must bear all costs of the special census. Results of the special
17.22census must be received by the state demographer by the next April 15 to be used in that
17.23year's June 1 estimate to the political subdivision under paragraph (b).
17.24(d) The state demographer shall certify the estimates of population and household
17.25size to the commissioner of revenue by July 15 each year, including any estimates still
17.26under objection.
17.27(e) The state demographer shall release a demographic forecast in conjunction with
17.28the commissioner of finance and the November state economic forecast.
17.29 Sec. 7. Minnesota Statutes 2008, section 5A.03, is amended to read:
17.305A.03 ORGANIZATION APPLICATION FOR REGISTRATION.
17.31(a) An application for registration as an international student exchange visitor
17.32placement organization must be submitted in the form prescribed by the secretary of
17.33state. The application must include:
17.34(1) evidence that the organization meets the standards established by the secretary of
17.35state by rule;
18.1(2) the name, address, and telephone number of the organization, its chief executive
18.2officer, and the person within the organization who has primary responsibility for
18.3supervising placements within the state;
18.4(3) the organization's unified business identification number, if any;
18.5(4) the organization's United States Information Agency number, if any;
18.6(5) evidence of Council on Standards for International Educational Travel listing, if
18.7any;
18.8(6) whether the organization is exempt from federal income tax; and
18.9(7) a list of the organization's placements in Minnesota for the previous academic
18.10year including the number of students placed, their home countries, the school districts in
18.11which they were placed, and the length of their placements.
18.12(b) The application must be signed by the chief executive officer of the organization
18.13and the person within the organization who has primary responsibility for supervising
18.14placements within Minnesota. If the secretary of state determines that the application is
18.15complete, the secretary of state shall file the application and the applicant is registered.
18.16(c) Organizations that have registered shall inform the secretary of state of any
18.17changes in the information required under paragraph (a), clause (1), within 30 days of the
18.18change. There is no fee to amend a registration.
18.19(d) Registration under this chapter is valid for one year. The registration may be
18.20renewed annually. The fee to renew a registration is $50 per year.
18.21(e) Organizations registering for the first time in Minnesota must pay an initial
18.22registration fee of $150.
18.23(f) Fees collected by the secretary of state under this section must be deposited in
18.24
18.25
18.26 Sec. 8. Minnesota Statutes 2008, section 10.43, is amended to read:
18.2710.43 TELEPHONE USE; APPROVAL.
18.28(a) Each representative, senator, constitutional officer, judge, and head of a state
18.29department or agency shall sign the person's monthly long-distance telephone bills paid
18.30by the state as evidence of the person's approval of each bill. This signature requirement
18.31does not apply to a month in which the person's long-distance phone bill paid by the
18.32state is less than $5.
18.33(b) Even if the monthly long-distance phone bill paid by the state for a person
18.34subject to this section is less than $5, the person is responsible for paying that portion of
19.1the bill that does not relate to state business. As provided in section 10.46, long-distance
19.2telephone bills paid by the state are public data, regardless of the amount of the bills.
19.3EFFECTIVE DATE.This section is effective for telephone bills for usage on or
19.4after July 1, 2009.
19.5 Sec. 9. [10.49] NAMING.
19.6 Laws must not be named for living people, and laws may not name councils,
19.7buildings, roads, or other facilities or entities after living people.
19.8 Sec. 10. Minnesota Statutes 2008, section 10.60, subdivision 2, is amended to read:
19.9 Subd. 2. Purpose of Web site and publications. The purpose of a Web site and
19.10
19.11of a state agency or political subdivision
19.12information related to the responsibilities or functions of the state agency or political
19.13subdivision.
19.14 Sec. 11. Minnesota Statutes 2008, section 10.60, is amended by adding a subdivision to
19.15read:
19.16 Subd. 2a. Contact information. The home page of a Web site maintained by
19.17a state agency must prominently display an e-mail address at which the agency may be
19.18contacted and a telephone number that will be answered by a human being to the greatest
19.19extent possible, located in Minnesota, during normal business hours. A state agency must
19.20comply with the requirements of this subdivision with existing resources.
19.21 Sec. 12. Minnesota Statutes 2008, section 10A.31, subdivision 4, is amended to read:
19.22 Subd. 4. Appropriation. (a) The amounts designated by individuals for the state
19.23elections campaign fund, less three percent, are appropriated from the general fund, must
19.24be transferred and credited to the appropriate account in the state elections campaign fund,
19.25and are annually appropriated for distribution as set forth in subdivisions 5, 5a, 6, and 7.
19.26The remaining three percent must be kept in the general fund for administrative costs.
19.27(b) In addition to the amounts in paragraph (a),
19.28general election is appropriated from the general fund for transfer to the general account
19.29of the state elections campaign fund.
19.30In addition, $50,000 each fiscal year is appropriated from the general fund to the
19.31Campaign Finance and Public Disclosure Board to supplement its operating budget.
20.1Amounts remaining unspent at the end of the biennium must be transferred and canceled
20.2to the general account of the state elections campaign fund.
20.3
20.4
20.5odd-numbered year is appropriated from the general fund to the Office of Administrative
20.6Hearings to perform its duties under section
20.7assessments have been paid must be canceled to the general account of the state elections
20.8campaign fund.
20.9 Sec. 13. Minnesota Statutes 2008, section 11A.07, subdivision 4, is amended to read:
20.10 Subd. 4. Duties and powers. The director, at the direction of the state board, shall:
20.11(1) plan, direct, coordinate, and execute administrative and investment functions
20.12in conformity with the policies and directives of the state board and the requirements of
20.13this chapter and of chapter 356A;
20.14(2) prepare and submit biennial and annual budgets to the board and with the
20.15approval of the board submit the budgets to the Department of Finance;
20.16(3) employ professional and clerical staff as necessary. Employees whose primary
20.17responsibility is to invest or manage money or employees who hold positions designated
20.18as unclassified under section
20.19state. Other employees are in the classified service. Unclassified employees who are
20.20not covered by a collective bargaining agreement are employed under the terms and
20.21conditions of the compensation plan approved under section
20.22(4) report to the state board on all operations under the director's control and
20.23supervision;
20.24(5) maintain accurate and complete records of securities transactions and official
20.25activities;
20.26(6) establish a policy relating to the purchase and sale of securities on the basis of
20.27competitive offerings or bids. The policy is subject to board approval;
20.28(7) cause securities acquired to be kept in the custody of the commissioner of finance
20.29or other depositories consistent with chapter 356A, as the state board deems appropriate;
20.30(8) prepare and file with the director of the Legislative Reference Library, by
20.31December 31 of each year, a report summarizing the activities of the state board, the
20.32council, and the director during the preceding fiscal year. The report must be prepared
20.33so as to provide the legislature and the people of the state with a clear, comprehensive
20.34summary of the portfolio composition, the transactions, the total annual rate of return,
20.35and the yield to the state treasury and to each of the funds whose assets are invested by
21.1the state board, and the recipients of business placed or commissions allocated among
21.2the various commercial banks, investment bankers, money managers, and brokerage
21.3organizations and the amount of these commissions or other fees. The report must contain
21.4financial statements for funds managed by the board prepared in accordance with generally
21.5accepted accounting principles. The report must include an executive summary;
21.6(9) include on the state board's Web site its annual and quarterly reports, including
21.7executive summaries;
21.8
21.9access to any financial documents the state board deems necessary in the conduct of
21.10its investment activities;
21.11
21.12
21.13powers set forth in this subdivision consistent with chapter 356A.
21.14 Sec. 14. Minnesota Statutes 2008, section 13.64, is amended to read:
21.1513.64 DEPARTMENT OF
21.16(a) Notes and preliminary drafts of reports created, collected, or maintained by the
21.17Management Analysis Division, Department of
21.18during management studies, audits, reviews, consultations, or investigations are classified
21.19as confidential or protected nonpublic data until the final report has been published or
21.20preparation of the report is no longer being actively pursued.
21.21(b) Data that support the conclusions of the report and that the commissioner of
21.22
21.23protected nonpublic until the litigation has been completed or until the litigation is no
21.24longer being actively pursued.
21.25(c) Data on individuals that could reasonably be used to determine the identity of an
21.26individual supplying data for a report are private if:
21.27(1) the data supplied by the individual were needed for a report; and
21.28(2) the data would not have been provided to the Management Analysis Division
21.29without an assurance to the individual that the individual's identity would remain private,
21.30or the Management Analysis Division reasonably believes that the individual would not
21.31have provided the data.
21.32 Sec. 15. [15B.055] PARKING SPACES.
21.33To provide the public with greater access to legislative proceedings, all parking
21.34spaces on Aurora Avenue in front of the Capitol building must be reserved for the public.
22.1 Sec. 16. [15C.01] DEFINITIONS.
22.2 Subdivision 1. Scope. For purposes of this chapter, the terms in this section have
22.3the meanings given them.
22.4 Subd. 2. Claim. "Claim" includes any request or demand, whether under a contract
22.5or otherwise, for money or property which is made to a contractor, grantee, or other
22.6recipient if the state has provided or will provide any portion of the money or property
22.7which is requested or demanded, or if the state has reimbursed or will reimburse the
22.8contractor, grantee, or other recipient for any portion of the money or property which is
22.9requested or demanded.
22.10 Subd. 3. Knowing and knowingly. "Knowing" and "knowingly" mean that a
22.11person, with respect to information:
22.12 (1) has actual knowledge of the information;
22.13(2) acts in deliberate ignorance of the truth or falsity of the information; or
22.14 (3) acts in reckless disregard of the truth or falsity of the information.
22.15No proof of specific intent to defraud is required.
22.16 Subd. 4. Original source. "Original source" means a person who has direct and
22.17independent knowledge of information which is probative of any essential element of the
22.18allegations in an action brought pursuant to this section which was not obtained from a
22.19public source and who either voluntarily provided the information to the state before
22.20bringing an action based on the information or whose information provided the basis for
22.21or caused an investigation, hearing, audit, or report that led to the public disclosure of the
22.22allegations or transactions upon which an action brought pursuant to this section is based.
22.23 Subd. 5. Person. "Person" means any natural person, partnership, corporation,
22.24association or other legal entity, including the state and any department, agency, or
22.25political subdivision of the state.
22.26 Subd. 6. State. "State" means the state of Minnesota and includes any department,
22.27agency, or political subdivision of the state.
22.28 Sec. 17. [15C.02] LIABILITY FOR CERTAIN ACTS.
22.29 Subdivision 1. Liability. (a) Any person who commits any of the acts in clauses (1)
22.30to (8) is liable to the state for a civil penalty of not less than $5,000 and not more than
22.31$10,000 per false claim, plus three times the amount of damages which the state sustains
22.32because of the act of that person, except as otherwise provided in paragraph (b):
22.33 (1) knowingly presents, or causes to be presented, to an officer or employee of the
22.34state of Minnesota a false or fraudulent claim for payment or approval;
23.1 (2) knowingly makes or uses, or causes to be made or used, a false record or
23.2statement to get a false or fraudulent claim paid or approved by the state;
23.3 (3) knowingly conspires to either present a false or fraudulent claim to the state for
23.4payment or approval or make, use, or cause to be made or used a false record or statement
23.5to obtain payment or approval of a false or fraudulent claim;
23.6 (4) has possession, custody, or control of public property or money used, or to be
23.7used, by the state and knowingly delivers or causes to be delivered to the state less money
23.8or property than the amount for which the person receives a receipt;
23.9 (5) is authorized to prepare or deliver a receipt for money or property used, or to
23.10be used, by the state and knowingly prepares or delivers a receipt that falsely represents
23.11the money or property;
23.12 (6) knowingly buys, or receives as a pledge of an obligation or debt, public property
23.13from an officer or employee of the state who lawfully may not sell or pledge the property;
23.14or
23.15 (7) knowingly makes or uses, or causes to be made or used, a false record or
23.16statement to conceal, avoid, or decrease an obligation to pay or transmit money or
23.17property to the state.
23.18 (b) The court may assess not less than two times the amount of damages which the
23.19state sustains because of the act of the person if:
23.20 (1) the person committing a violation under paragraph (a) furnished officials of the
23.21state responsible for investigating the false claims violations with all information known
23.22to the person about the violation within 30 days after the date on which the defendant first
23.23obtained the information;
23.24 (2) the person fully cooperated with any state investigation of the violation; and
23.25 (3) at the time the person furnished the state with information about the violation,
23.26no criminal prosecution, civil action, or administrative action had commenced under this
23.27section with respect to the violation, and the person did not have actual knowledge of the
23.28existence of an investigation into the violation.
23.29 (c) A person violating this section is also liable to the state for the costs of a civil
23.30action brought to recover any penalty or damages.
23.31 Subd. 2. Right to cure. A person is not liable under this section for mere
23.32inadvertence or mistake with respect to activities involving a false or fraudulent claim.
23.33 Sec. 18. [15C.03] EXCLUSION.
23.34 This chapter does not apply to claims, records, or statements made under portions
23.35of Minnesota Statutes relating to taxation.
24.1 Sec. 19. [15C.04] RESPONSIBILITIES OF ATTORNEY GENERAL.
24.2 The attorney general may investigate violations of section 15C.02. If the attorney
24.3general finds that a person has violated or is violating section 15C.02, the attorney general
24.4may bring a civil action under this section against the person to enjoin any act in violation
24.5of section
24.6 Sec. 20. [15C.05] PRIVATE REMEDIES; COMPLAINT UNDER SEAL; COPY
24.7OF COMPLAINT AND WRITTEN DISCLOSURE OF EVIDENCE TO BE SENT
24.8TO ATTORNEY GENERAL.
24.9 (a) Except as otherwise provided in this section, a person may maintain an action
24.10pursuant to this section on the person's own account and that of the state if money,
24.11property, or services provided by the state are involved; the person's own account and
24.12that of a political subdivision if money, property, or services provided by the political
24.13subdivision are involved; or on the person's own account and that of both the state and a
24.14political subdivision if both are involved. After such an action is commenced, it may be
24.15voluntarily dismissed only if the court and the attorney general give written consent to the
24.16dismissal and their reasons for consenting.
24.17 (b) If an action is brought pursuant to this section, no other person may bring
24.18another action pursuant to this section based on the same facts which are the subject of
24.19the pending action.
24.20 (c) An action may not be maintained by a person pursuant to this section:
24.21(1) against the legislature, the judiciary, an executive department of the state, or a
24.22political subdivision, and their members or employees;
24.23 (2) if the action is based upon allegations or transactions that are the subject of a
24.24civil action or an administrative proceeding for a monetary penalty to which the state or a
24.25political subdivision of the state is already a party; or
24.26 (3) unless the action is brought by an original source of the information or the
24.27attorney general initiates or intervenes in the action, if the action is based upon the public
24.28disclosure of allegations or transactions: (i) in a criminal, civil, or administrative hearing;
24.29(ii) in an investigation, report, hearing, or audit conducted by or at the request of the house
24.30of representatives or the senate; (iii) by an auditor or the governing body of a political
24.31subdivision; or (iv) from the news media.
24.32 (d) A complaint in an action pursuant to this section must be commenced by filing
24.33the complaint with the court in camera, and the court must place it under seal for at least
24.3460 days. No service may be made upon the defendant until the complaint is unsealed.
25.1 (e) If a complaint is filed under this section, the plaintiff shall serve a copy of the
25.2complaint on the attorney general in accordance with the Minnesota Rules of Civil
25.3Procedure and shall also serve at the same time a written disclosure of substantially all
25.4material evidence and information the plaintiff possesses.
25.5 Sec. 21. [15C.06] ATTORNEY GENERAL INTERVENTION; MOTION TO
25.6EXTEND TIME; UNSEALING OF COMPLAINT.
25.7 (a) Within 60 days after receiving a complaint and disclosure pursuant to section
25.815C.05, the attorney general shall intervene or decline intervention or, for good cause
25.9shown, move the court to extend the time for doing so. The motion may be supported by
25.10affidavits or other submissions in chambers.
25.11 (b) The complaint must be unsealed after the attorney general decides whether
25.12or not to intervene.
25.13 (c) Notwithstanding the attorney general's decision regarding intervention in an
25.14action brought by a plaintiff under section 15C.05, the attorney general may pursue the
25.15claim through any alternate remedy available to the state, including any administrative
25.16proceeding to determine a civil money penalty. If the attorney general pursues any such
25.17alternate remedy in another proceeding, the person initiating the action has the same rights
25.18in that proceeding as if the action had continued under section 15C.05. Any finding of fact
25.19or conclusion of law made in the other proceeding that has become final is conclusive on
25.20all parties to an action under section 15C.05. For purposes of this paragraph, a finding
25.21or conclusion is final if it has been finally determined on appeal to the appropriate state
25.22court, if the time for filing an appeal has expired, or if the finding or conclusion is not
25.23subject to judicial review.
25.24 Sec. 22. [15C.07] SERVICE OF UNSEALED COMPLAINT AND RESPONSE
25.25BY DEFENDANT.
25.26 When unsealed, the complaint shall be served on the defendant pursuant to Rule 3 of
25.27the Minnesota Rules of Civil Procedure.
25.28 The defendant must respond to the complaint within 20 days after it is served on
25.29the defendant.
25.30 Sec. 23. [15C.08] ATTORNEY GENERAL AND PRIVATE PARTY ROLES.
25.31 (a) Except as otherwise provided by this section, if the attorney general does not
25.32intervene at the outset in an action brought by a person pursuant to section 15C.05, the
25.33person has the same rights in conducting the action as the attorney general would have
26.1had. A copy of each pleading or other paper filed in the action, and a copy of the transcript
26.2of each deposition taken, must be mailed to the attorney general if the attorney general
26.3so requests and pays the cost of doing so.
26.4 (b) If the attorney general elects not to intervene at the outset in the action, the
26.5attorney general may intervene subsequently, upon timely application and good cause
26.6shown. If the attorney general so intervenes, the attorney general subsequently has
26.7primary responsibility for conducting the action.
26.8 (c) If the attorney general elects at the outset of the action to intervene, the attorney
26.9general has the primary responsibility for prosecuting the action. The person who initially
26.10brought the action remains a party, but the person's acts do not bind the attorney general.
26.11 (d) Whether or not the attorney general intervenes in the action, the attorney general
26.12may move to dismiss the action for good cause. The person who brought the action must
26.13be notified of the filing of the motion and may oppose it and present evidence at the
26.14hearing. The attorney general may also settle the action. If the attorney general intends to
26.15settle the action, the attorney general shall notify the person who brought the action. The
26.16state may settle the action with the defendant notwithstanding the objections of the person
26.17initiating the action if the court determines, after a hearing, that the proposed settlement
26.18is fair, adequate, and reasonable under all the circumstances. Upon a showing of good
26.19cause, such a hearing may be held in camera.
26.20 Sec. 24. [15C.09] STAY OF DISCOVERY; EXTENSION.
26.21 (a) The court may stay discovery by a person who brought an action under section
26.2215C.05 for not more than 60 days if the attorney general shows that the proposed discovery
26.23would interfere with the investigation or prosecution of a civil or criminal matter arising
26.24out of the same facts, whether or not the attorney general participates in the action.
26.25 (b) The court may extend the stay upon a further showing that the attorney general
26.26has pursued the civil or criminal investigation or proceeding with reasonable diligence and
26.27that the proposed discovery would interfere with its continuation.
26.28 (c) Discovery may not be stayed for a total of more than six months over the
26.29objection of the person who brought the action, except for good cause shown by the
26.30attorney general.
26.31 (d) A showing made pursuant to this section must be made in chambers.
26.32 Sec. 25. [15C.10] COURT-IMPOSED LIMITATION UPON PARTICIPATION
26.33OF PRIVATE PLAINTIFF IN ACTION.
27.1 Upon a showing by the attorney general in an action in which the attorney general
27.2has intervened that unrestricted participation by a person under this chapter would
27.3interfere with or unduly delay the conduct of the action, or would be repetitious, irrelevant,
27.4or solely for harassment, the court may limit the person's participation by, among other
27.5measures, limiting the number of witnesses, the length of the testimony of the witnesses,
27.6or the cross-examination of witnesses by the person.
27.7 Sec. 26. [15C.11] LIMITATION OF ACTIONS; REMEDIES.
27.8 (a) An action pursuant to this chapter may not be commenced more than three years
27.9after the date of discovery of the fraudulent activity by the attorney general or more than
27.10six years after the fraudulent activity occurred, whichever occurs last, but in no event more
27.11than ten years after the date on which the violation is committed.
27.12 (b) A finding of guilt in a criminal proceeding charging false statement or fraud,
27.13whether upon a verdict of guilty or a plea of guilty or nolo contendere, stops the person
27.14found guilty from denying an essential element of that offense in an action pursuant to this
27.15chapter based upon the same transaction as the criminal proceeding.
27.16(c) In any action under this chapter, the state and any qui tam plaintiff must prove
27.17all essential elements of the cause of action, including damages, by a preponderance of
27.18the evidence.
27.19 Sec. 27. [15C.12] AWARD OF EXPENSES AND ATTORNEY FEES.
27.20 If the attorney general or a person who brought an action under section
27.21prevails in or settles an action pursuant to this chapter, the court may authorize the person
27.22to recover reasonable costs, reasonable attorney fees, and the reasonable fees of expert
27.23consultants and expert witnesses. Those expenses must be awarded against the defendant,
27.24and may not be allowed against the state or a political subdivision. If the attorney general
27.25does not intervene in the action and the person bringing the action conducts the action, and
27.26if the defendant prevails in the action, the court shall award to the defendant reasonable
27.27expenses and attorney fees against the party or parties who participated in the action if
27.28it finds that the action was clearly frivolous or vexatious or brought in substantial part
27.29for harassment.
27.30 Sec. 28. [15C.13] DISTRIBUTION TO PRIVATE PLAINTIFF IN CERTAIN
27.31ACTIONS.
27.32 If the attorney general intervenes at the outset in an action brought by a person
27.33under section 15C.05, the person shall receive not less than 15 percent or more than 25
28.1percent of any recovery in proportion to the person's contribution to the conduct of the
28.2action. If the attorney general does not intervene in the action at the outset, the person is
28.3entitled to receive not less than 25 percent or more than 30 percent of any recovery of
28.4the civil penalty and damages, or settlement, as the court determines to be reasonable.
28.5For recoveries whose distribution is governed by federal code or rule, the basis for
28.6calculating the portion of the recovery the person is entitled to receive shall not include
28.7such amounts reserved for distribution to the federal government or designated in their
28.8use by such federal code or rule.
28.9 Sec. 29. [15C.14] EMPLOYER RESTRICTIONS; LIABILITY.
28.10 (a) An employer shall not adopt or enforce any rule or policy forbidding an employee
28.11to disclose information to the state, a political subdivision, or a law enforcement agency,
28.12or to act in furtherance of an action pursuant to this chapter, including investigation for
28.13bringing or testifying in such an action.
28.14 (b) An employer shall not discharge, demote, suspend, threaten, harass, deny
28.15promotion to, or otherwise discriminate against an employee in the terms or conditions
28.16of employment because of lawful acts done by the employee on the employee's behalf
28.17or on behalf of others in disclosing information to the state, a political subdivision, or a
28.18law enforcement agency in furtherance of an action pursuant to this chapter, including
28.19investigation for bringing or testifying in such an action.
28.20 (c) An employer who violates this section is liable to the affected employee in a civil
28.21action for damages and other relief, including reinstatement, twice the amount of lost
28.22compensation, interest on the lost compensation, any special damage sustained as a result
28.23of the discrimination, and punitive damages if appropriate. The employer is also liable for
28.24expenses recoverable pursuant to section
28.25 Sec. 30. [16A.0115] NAME.
28.26The commissioner of finance and the Department of Finance may not be identified
28.27by a title or name other than the title and name assigned by law. The Commissioner
28.28must ensure that the department's documents, publications, and Web site comply with
28.29this section.
28.30 Sec. 31. Minnesota Statutes 2008, section 16A.055, subdivision 1, is amended to read:
28.31 Subdivision 1. List. (a) The commissioner shall:
28.32(1) receive and record all money paid into the state treasury and safely keep it until
28.33lawfully paid out;
29.1(2) manage the state's financial affairs;
29.2(3) keep the state's general account books according to generally accepted
29.3government accounting principles;
29.4(4) keep expenditure and revenue accounts according to generally accepted
29.5government accounting principles;
29.6(5) develop, provide instructions for, prescribe, and manage a state uniform
29.7accounting system; and
29.8(6) provide to the state the expertise to ensure that all state funds are accounted for
29.9under generally accepted government accounting principles
29.10
29.11
29.12
29.13(b) In addition to the duties in paragraph (a), the commissioner has the powers and
29.14duties given to the commissioner in chapter 43A.
29.15 Sec. 32. Minnesota Statutes 2008, section 16A.055, is amended by adding a
29.16subdivision to read:
29.17 Subd. 1a. Additional duties. The commissioner may assist state agencies by
29.18providing analytical, statistical, and organizational development services to state agencies
29.19in order to assist the agency to achieve the agency's mission and to operate efficiently
29.20and effectively.
29.21 Sec. 33. [16A.056] WEB SITE WITH SEARCHABLE DATABASE ON STATE
29.22EXPENDITURES.
29.23 Subdivision 1. Web database requirement. The commissioner, in consultation
29.24with the commissioners of administration and revenue, must maintain a Web site with
29.25a searchable database providing the public with information on state contracts, state
29.26appropriations, state expenditures, and state tax expenditures. For each data field identified
29.27in subdivisions 2 to 5, the searchable database must allow a user of the Web site to:
29.28(1) perform a search using that field;
29.29(2) sort by that field;
29.30(3) obtain information grouped or aggregated by that field, where groups or subtotals
29.31are feasible; and
29.32(4) view information in that field by each fiscal year or an aggregation of fiscal years.
29.33 Subd. 2. Contracts. (a) The searchable database on the Web site must include
29.34at least the following data fields:
30.1(1) the name of the entity receiving the contract;
30.2(2) the name of the agency entering into the contract;
30.3(3) an indication if the contract is for (i) goods; (ii) professional or technical services;
30.4(iii) services other than professional and technical services; or (iv) a grant; and
30.5(4) the fund or funds from which the entity receiving the contract will be paid.
30.6(b) For each contract, the database must also include:
30.7(1) an address for each entity receiving a contract; and
30.8(2) a brief statement of the purpose of the contract or grant.
30.9(c) Information on a new contract or grant must be entered into the database within
30.1030 days of the time the contract or grant is entered into.
30.11(d) For purposes of this section, a "grant" is a contract between a state agency and
30.12a recipient, the primary purpose of which is to transfer cash or a thing of value to the
30.13recipient to support a public purpose. Grant does not include payments to units of local
30.14governments, payments to state employees, or payments made under laws providing for
30.15assistance to individuals.
30.16 Subd. 3. Appropriations. The searchable database on the Web site must include
30.17at least the following data fields on state appropriations:
30.18(1) the agency receiving the appropriation, or the name of the nonstate entity
30.19receiving the appropriation;
30.20(2) the agency program, to the extent applicable;
30.21(3) the agency activity, to the extent applicable;
30.22(4) an item within an activity if applicable;
30.23(5) the fund from which the appropriation is made; and
30.24(6) the object of expenditure.
30.25 Subd. 4. State expenditures. The searchable database on the Web site must include
30.26at least the following data fields on state expenditures:
30.27(1) the agency making the expenditure, or the name of the nonstate entity making
30.28the appropriation;
30.29(2) the agency program, to the extent applicable;
30.30(3) the agency activity, to the extent applicable;
30.31(4) an item within an activity if applicable;
30.32(5) the fund from which the expenditure is made; and
30.33(6) the object of expenditure.
30.34 Subd. 5. Tax expenditures. The Web site must include a searchable database of
30.35state tax expenditures. For each fiscal year, the database must include data fields showing
31.1the estimated impact on state revenues of each tax expenditure item listed in the report
31.2prepared under section 270C.11.
31.3 Subd. 6. Retention of data. The database required under this section must include
31.4information beginning with fiscal year 2010 funds and must retain data for at least ten
31.5years.
31.6 Subd. 7. Consultation. The commissioner of finance must consult with the
31.7chairs of the house of representatives Ways and Means and senate Finance Committees
31.8before encumbering any funds appropriated on or after July 1, 2009, for the planning,
31.9development, and implementation of state accounting or procurement systems. No funds
31.10appropriated for these purposes may be spent unless the commissioner certifies that the
31.11systems will allow compliance with requirements of this section.
31.12 Sec. 34. [16A.057] INTERNAL CONTROLS AND INTERNAL AUDITING.
31.13 Subdivision 1. Establishment of system. The commissioner is responsible for
31.14the system of internal controls across the executive branch. The commissioner must
31.15coordinate the design, implementation, and maintenance of an effective system of internal
31.16controls and internal auditing for all executive agencies. The system must:
31.17(1) safeguard public funds and assets and minimize incidences of fraud, waste,
31.18and abuse;
31.19(2) ensure that programs are administered in compliance with federal and state
31.20laws and rules;
31.21(3) require documentation of internal control procedures over financial management
31.22activities, provide for analysis of risks, and provide for periodic evaluation of control
31.23procedures to satisfy the commissioner that these procedures are adequately designed,
31.24properly implemented, and functioning effectively; and
31.25(4) provide for periodic internal audit of major systems and controls, including
31.26accounting systems and controls; administrative systems and controls; and, in conjunction
31.27with the Office of Enterprise Technology, information and telecommunications technology
31.28systems and controls.
31.29 Subd. 2. Standards. The commissioner must adopt internal control standards
31.30and policies that agencies must follow to meet the requirements of subdivision 1. These
31.31standards and policies may include separation of duties, safeguarding receipts, time entry,
31.32approval of travel, and other topics the commissioner determines are necessary to comply
31.33with subdivision 1.
31.34 Subd. 3. Training and assistance. The commissioner shall coordinate training
31.35for accounting personnel and financial managers in state agencies on internal controls
32.1as necessary to ensure financial integrity in the state's financial transactions. The
32.2commissioner shall provide internal control support to agencies that the commissioner
32.3determines need this assistance.
32.4 Subd. 4. Sharing internal audit resources. The commissioner must administer a
32.5program for sharing internal auditors among executive agencies that do not have their own
32.6internal auditors and for assembling interagency teams of internal auditors as necessary.
32.7 Subd. 5. Monitoring Office of the Legislative Auditor audits. The commissioner
32.8must review audit reports from the Office of the Legislative Auditor and take appropriate
32.9steps to address internal control problems found in executive agencies.
32.10 Subd. 6. Budget for internal controls. The commissioner of finance may require
32.11that each executive agency spend a specified percentage of its operating budget on internal
32.12control systems. The commissioner of finance may require that an agency transfer a
32.13portion of its operating budget to the commissioner to pay for internal control functions
32.14performed by the commissioner.
32.15 Subd. 7. Annual report. The commissioner must report to the legislature and the
32.16governor by January 31 of each odd-numbered year on the system of internal controls
32.17and internal auditing in executive agencies.
32.18 Subd. 8. Agency head responsibilities. The head of each executive agency is
32.19responsible for designing, implementing, and maintaining an effective internal control
32.20system within the agency that complies with the requirements of subdivision 1, clauses (1)
32.21to (4). The head of each executive agency must annually certify that the agency head has
32.22reviewed the agency's internal control systems, and that these systems are in compliance
32.23with standards and policies established by the commissioner. The agency head must
32.24submit the signed certification form to the commissioner of finance, in a form specified by
32.25the commissioner.
32.26 Subd. 9. State colleges and universities. This section does not apply to the
32.27Minnesota state colleges and universities system.
32.28 Sec. 35. [16A.058] FINANCIAL CONTROLS COUNCIL.
32.29 Subdivision 1. Membership. The executive council shall appoint a five-member
32.30financial controls council. Members must have public or private sector experience in
32.31internal control issues. The council shall annually elect a chair and vice-chair from
32.32among its members.
32.33 Subd. 2. Duties. (a) The council shall advise the commissioner of finance, the
32.34governor, the Legislative Audit Commission, and the legislature on the system of internal
32.35controls for executive agencies. In performing this duty, the council shall:
33.1(1) review audits and other reports of the Office of the Legislative Auditor and
33.2from internal auditors in executive agencies;
33.3(2) review the state's system of internal controls and make recommendations for
33.4changes in practices of specific executive agencies or on general changes needed in state
33.5laws, procedures, or policies;
33.6(3) recommend guidelines and best practices to produce an effective system of
33.7internal controls;
33.8(4) recommend the number of internal audit employees required for executive
33.9agencies, individually and in total; and
33.10(5) review and comment on the performance of the commissioner of finance in
33.11carrying out duties under section 16A.057.
33.12(b) The council may:
33.13(1) require reports from any executive agency relative to an internal control or
33.14an internal audit matter;
33.15(2) receive and review reports from internal auditors in executive agencies;
33.16(3) conduct hearings relative to attempts to interfere with, compromise, or intimidate
33.17an internal auditor; and
33.18(4) conduct hearings on the effectiveness of internal control or internal audit
33.19functions within an executive agency.
33.20 Subd. 3. Terms; compensation; removal; vacancies; expiration. The membership
33.21terms, compensation, removal of members, and filling of vacancies shall be as provided in
33.22section 15.059, except that council members shall not receive a per diem. The council is
33.23not subject to the expiration date provisions of section 15.059.
33.24 Subd. 4. Administrative support. The commissioner of finance shall provide
33.25administrative support to the council upon request of its chair.
33.26 Subd. 5. MnSCU. The Minnesota State Colleges and Universities system is not an
33.27executive agency for purposes of this section.
33.28 Sec. 36. Minnesota Statutes 2008, section 16A.11, is amended by adding a subdivision
33.29to read:
33.30 Subd. 3d. Information technology budget proposals. A proposal in the detailed
33.31budget documents for a new investment in information technology systems or equipment
33.32costing $100,000 or more must request that money for the system or equipment be
33.33appropriated to the Office of Enterprise Technology.
33.34 Sec. 37. Minnesota Statutes 2008, section 16A.126, subdivision 1, is amended to read:
34.1 Subdivision 1. Set rates. The commissioner shall approve the rates an agency must
34.2pay to a revolving fund for services. Funds subject to this subdivision include, but are
34.3not limited to, the revolving funds established in sections 4A.05; 14.46; 14.53; 16B.48;
34.416B.54; 16B.58; 16B.85; 16C.03, subdivision 11; 16E.14; 43A.55; and 176.591; and the
34.5fund established in section 43A.30.
34.6 Sec. 38. Minnesota Statutes 2008, section 16A.133, subdivision 1, is amended to read:
34.7 Subdivision 1. Payroll direct deposit and deductions. An agency head in the
34.8executive, judicial, and legislative branch shall, upon written request signed by an
34.9employee, directly deposit all or part of an employee's pay to those credit unions or
34.10financial institutions, as defined in section
34.11An agency head
34.12pay of the employee a requested amount to be paid to the Minnesota Benefit Association,
34.13or to any
34.14employee is a member.
34.15
34.16
34.17
34.18 Sec. 39. Minnesota Statutes 2008, section 16A.139, is amended to read:
34.1916A.139 MISAPPROPRIATION OF MONEY.
34.20
34.21legislative, or judicial branches, or any employee
34.22branches,
34.23knowing that the use is for
34.24
34.25penalty is specified elsewhere in law, a person who violates this paragraph is guilty of a
34.26gross misdemeanor.
34.27(b) A violation of paragraph (a) by a head of a department, or any state official, is
34.28cause for immediate removal of the official or head of a state department from the position
34.29held with the government of this state. A criminal conviction under paragraph (a) is not a
34.30prerequisite for removal. This paragraph does not apply to a judge, a constitutional officer,
34.31or a legislator, except as potential grounds for expulsion, impeachment, or recall in the
34.32manner specified in article IV, section 7, and article VIII of the Minnesota Constitution.
35.1EFFECTIVE DATE.This section is effective August 1, 2009, and applies to crimes
35.2committed on or after that date.
35.3 Sec. 40. [16A.1391] BEST PRACTICES FOR INVESTIGATIONS.
35.4The commissioner of finance must develop and make available to appointing
35.5authorities in the executive, legislative, and judicial branches a best practices policy for
35.6conducting investigations in which the appointing authority compels its employees to
35.7answer questions about allegedly inappropriate activity. The best practices policy must
35.8be designed to facilitate effective investigations, without compromising the ability to
35.9prosecute criminal cases when appropriate. Each appointing authority must follow the
35.10best practices policy or, in consultation with the attorney general, must develop its own
35.11policy for conducting these investigations.
35.12EFFECTIVE DATE.This section is effective the day following final enactment.
35.13 Sec. 41. Minnesota Statutes 2008, section 16A.152, is amended by adding a
35.14subdivision to read:
35.15 Subd. 8. Report on budget reserve percentage. (a) The commissioner of finance
35.16must periodically review the formula developed as part of the Budget Trends Study
35.17Commission authorized by Laws 2007, chapter 148, article 2, section 81, to estimate
35.18the percentage of the preceding biennium's general fund expenditures and transfers
35.19recommended as a budget reserve.
35.20 (b) The commissioner must annually review the variables and coefficients in the
35.21formula used to model the base of the general fund taxes and the mix of taxes that provide
35.22revenues to the general fund. If the commissioner determines that the variables and
35.23coefficients have changed enough to result in a change in the percentage of the preceding
35.24biennium's general fund expenditures and transfers recommended as a budget reserve,
35.25the commissioner must update the variables and coefficients in the formula to reflect the
35.26current base and mix of general fund taxes.
35.27 (c) Every ten years, the commissioner must review the methodology underlying the
35.28formula, taking into consideration relevant economic literature from the past ten years, and
35.29determine if the formula remains adequate as a tool for estimating the percentage of the
35.30preceding biennium's general fund expenditures and transfers recommended as a budget
35.31reserve. If the commissioner determines that the methodology underlying the formula is
35.32outdated, the commissioner must revise the formula.
35.33 (d) By January 15 of each year, the commissioner must report to the chairs of the
35.34house of representatives Committee on Ways and Means and the senate Committee on
36.1Finance, in compliance with sections 3.195 and 3.197, on the percentage of the preceding
36.2biennium's general fund expenditures and transfers recommended as a budget reserve.
36.3The report must specify:
36.4 (1) if the commissioner updated the variables and coefficients in the formula to
36.5reflect significant changes to either the base of one or more general fund taxes or to the
36.6mix of taxes that provide revenues to the general fund as provided in paragraph (b);
36.7 (2) if the commissioner revised the formula after determining the methodology was
36.8outdated as provided in paragraph (c); and
36.9 (3) if the percentage of the preceding biennium's general fund expenditures and
36.10transfers recommended as a budget reserve has changed as a result of an update of or a
36.11revision to the formula.
36.12EFFECTIVE DATE.This section is effective the day following final enactment.
36.13 Sec. 42. [16A.81] TECHNOLOGY DEVELOPMENT LEASE-PURCHASE
36.14FINANCING.
36.15 Subdivision 1. Definitions. The following definitions apply to this section.
36.16(a) "Technology system project" means the development, acquisition, installation,
36.17and implementation of a technology system that is essential to state operations and is
36.18expected to have a long useful life.
36.19(b) "Lease-purchase agreement" means an agreement for the lease and installment
36.20purchase of a technology system project, or a portion of the project, between the
36.21commissioner, on behalf of the state, and a vendor or a third-party financing source.
36.22(c) "Technology development lease-purchase guidelines" means policies, procedures,
36.23and requirements established by the commissioner for technology system projects that are
36.24financed pursuant to a lease-purchase agreement.
36.25 Subd. 2. Lease-purchase financing. The commissioner may enter into a
36.26lease-purchase agreement in an amount sufficient to fund a technology system project and
36.27authorize the public or private sale and issuance of certificates of participation, provided
36.28that:
36.29(1) the technology system project has been authorized by law to be funded pursuant
36.30to a lease-purchase agreement;
36.31(2) the term of the lease-purchase agreement and the related certificates of
36.32participation shall not exceed the lesser of the expected useful life of the technology
36.33system project financed by the lease-purchase agreement and the certificates or ten years
36.34from the date of issuance of the lease-purchase agreement and the certificates;
37.1(3) the principal amount of the lease-purchase agreement and the certificates is
37.2sufficient to provide for the costs of issuance, capitalized interest, credit enhancement, or
37.3reserves, if any, as required under the lease-purchase agreement;
37.4(4) funds sufficient for payment of lease obligations have been committed in the
37.5authorizing legislation for the technology system project for the fiscal year during which
37.6the lease-purchase agreement is entered into; provided that no lease-purchase agreement
37.7shall obligate the state to appropriate funds sufficient to make lease payments due under
37.8such agreement in any future fiscal year; and
37.9(5) planned expenditures for the technology system project are permitted within the
37.10technology development lease-purchase guidelines.
37.11 Subd. 3. Covenants. The commissioner may covenant in a lease-purchase
37.12agreement that the state will abide by the terms and provisions that are customary in
37.13lease-purchase financing transactions, including but not limited to, covenants providing
37.14that the state:
37.15(1) will maintain insurance as required under the terms of the lease-purchase
37.16agreement;
37.17(2) is responsible to the lessor for any public liability or property damage claims or
37.18costs related to the selection, use, or maintenance of the technology system project, to the
37.19extent of insurance or self-insurance maintained by the state, and for costs and expenses
37.20incurred by the lessor as a result of any default by the state; or
37.21(3) authorizes the lessor to exercise the rights of a secured party with respect to
37.22the technology system project or any portion of the project in the event of default or
37.23nonappropriation of funds by the state, and for the present recovery of lease payments
37.24due during the current term of the lease-purchase agreement as liquidated damages in
37.25the event of default.
37.26 Subd. 4. Credit and appropriation of proceeds. Proceeds of the lease-purchase
37.27agreement and certificates of participation must be credited to a technology lease project
37.28fund in the state treasury. Net income from investment of the proceeds, as estimated by
37.29the commissioner, must be credited to the appropriate accounts in the technology lease
37.30project fund. Funds in the technology lease project fund are appropriated for the purposes
37.31described in the authorizing law for each technology development project and this section.
37.32 Subd. 5. Transfer of funds. Before the lease-purchase proceeds are received in the
37.33technology lease project fund, the commissioner may transfer to that fund from the general
37.34fund amounts not exceeding the expected proceeds from the lease-purchase agreement
37.35and certificates of participation. The commissioner shall return these amounts to the
38.1general fund by transferring proceeds when received. The amounts of these transfers are
38.2appropriated from the general fund and from the technology lease project fund.
38.3 Subd. 6. Administrative expenses. Actual and necessary travel and subsistence
38.4expenses of employees and all other nonsalary expenses incidental to the sale, printing,
38.5execution, and delivery of the lease-purchase agreement and certificates of participation
38.6may be paid from the lease-purchase proceeds. The lease-purchase proceeds are
38.7appropriated for this purpose.
38.8 Subd. 7. Treatment of technology lease project fund. Lease-purchase proceeds
38.9remaining in the technology lease project fund after the purposes for which the
38.10lease-purchase agreement was undertaken are accomplished or abandoned, as determined
38.11by the commissioner, must be transferred to the general fund.
38.12 Subd. 8. Lease-purchase not public debt. A lease-purchase agreement does not
38.13constitute or create a general or moral obligation or indebtedness of the state in excess
38.14of the money from time to time appropriated or otherwise available for payments or
38.15obligations under such agreement. Payments due under a lease-purchase agreement during
38.16a current lease term for which money has been appropriated is a current expense of the
38.17state.
38.18 Subd. 9. Refunding certificates. The commissioner from time to time may enter
38.19into a new lease-purchase agreement and issue and sell certificates of participation for the
38.20purpose of refunding any lease-purchase agreement and related certificates of participation
38.21then outstanding, including the payment of any redemption premiums, any interest accrued
38.22or that is to accrue to the redemption date, and costs related to the issuance and sale of such
38.23refunding certificates. The proceeds of any refunding certificates may, in the discretion of
38.24the commissioner, be applied to the purchase or payment at maturity of the certificates to
38.25be refunded, to the redemption of outstanding lease-purchase agreements and certificates
38.26on any redemption date, or to pay interest on the refunding lease-purchase agreements
38.27and certificates and may, pending such application, be placed in escrow to be applied to
38.28such purchase, payment, retirement, or redemption. Any escrowed proceeds, pending such
38.29use, may be invested and reinvested in obligations that are authorized investments under
38.30section 11A.24. The income earned or realized on any authorized investment may also be
38.31applied to the payment of the lease-purchase agreements and certificates to be refunded,
38.32interest or premiums on the refunded certificates, or to pay interest on the refunding
38.33lease-purchase agreements and certificates. After the terms of the escrow have been fully
38.34satisfied, any balance of proceeds and any investment income may be returned to the
38.35general fund, or if applicable, the technology lease project fund, for use in a lawful manner.
38.36All refunding lease-purchase agreements and certificates issued under the provisions of
39.1this subdivision must be prepared, executed, delivered, and secured by appropriations in
39.2the same manner as the lease-purchase agreements and certificates to be refunded.
39.3EFFECTIVE DATE.This section is effective the day following final enactment.
39.4 Sec. 43. [16A.82] TECHNOLOGY LEASE-PURCHASE APPROPRIATION.
39.5$8,975,000 is appropriated annually from the general fund to the commissioner
39.6to make payments under a lease-purchase agreement as defined in section 16A.81 for
39.7replacement of the state's accounting and procurement systems, provided that the state is
39.8not obligated to continue such appropriation of funds or to make lease payments in any
39.9future fiscal year. Any unexpended portions of this appropriation cancel to the general
39.10fund at the close of each biennium. This section expires June 30, 2020.
39.11EFFECTIVE DATE.This section is effective July 1, 2010.
39.12 Sec. 44. [16B.1225] LETTER-SIZED PAPER FOR DOCUMENTS.
39.13State entities in the executive, legislative, and judicial branches must use standard
39.14letter-sized paper to print documents to the extent practical, and may not print documents
39.15on legal-sized paper unless this is the only possible size paper for a particular document.
39.16 Sec. 45. Minnesota Statutes 2008, section 16B.24, is amended by adding a subdivision
39.17to read:
39.18 Subd. 5b. Employee fitness and wellness facilities. An entity in the executive,
39.19legislative, or judicial branch may use space under its control to offer fitness, wellness,
39.20or similar classes or activities to its employees, and may allow persons conducting these
39.21classes or activities to charge employees a fee to participate. Revenue received by a public
39.22entity under this section is appropriated to the entity. This authorization applies to all state
39.23space, including property in the Capitol area, and other designated property as defined
39.24in rules adopted by the commissioner of public safety. Persons conducting these classes
39.25or activities, and participating employees, waive any and all claims of liability against
39.26the state for any damage or injury arising from the use of state space for employee fitness
39.27and wellness classes or similar classes or activities. Persons conducting these classes or
39.28activities agree to indemnify, save, and hold the state, its agents, and employees harmless
39.29from any claims or causes of action, including attorney fees incurred by the state that arise
39.30from these classes or activities.
40.1 Sec. 46. Minnesota Statutes 2008, section 16B.24, is amended by adding a subdivision
40.2to read:
40.3 Subd. 5c. Rulemaking. The commissioner of public safety must amend Minnesota
40.4Rules, part 7525.0400, and any other rules as necessary to conform with subdivision 5b.
40.5The commissioner may use the good cause exemption, under authority of Minnesota
40.6Statutes, section 14.388, subdivision 1, clause (3), to amend rules to conform with
40.7subdivision 5b.
40.8 Sec. 47. [16B.242] ENTERPRISE REAL PROPERTY ACCOUNT.
40.9The enterprise real property technology system and services account is created
40.10in the special revenue fund. Receipts credited to the account are appropriated to the
40.11commissioner of administration for the purpose of funding the personnel and technology
40.12to maintain the enterprise real property system and services.
40.13 Sec. 48. [16B.2421] BIRD-SAFE BUILDINGS.
40.14 Between March 15 and May 31 and between August 15 and October 31 each year,
40.15occupants of state-owned or state-leased buildings must attempt to reduce dangers posed
40.16to migrating birds by turning off building lights between midnight and dawn, to the extent
40.17turning off lights is consistent with the normal use of the buildings. The commissioner of
40.18administration may adopt policies to implement this requirement.
40.19 Sec. 49. [16B.243] NAMING RIGHTS.
40.20The commissioner of administration may enter into a contract to sell the naming
40.21rights to a state-owned building, or to meeting rooms within a state-owned building. This
40.22section does not apply to the State Capitol building, to the Minnesota Judicial Center, or
40.23the State Office Building.
40.24 Sec. 50. [16B.351] ADVERTISING.
40.25The commissioner of administration may enter into a contract to sell advertising on
40.26temporary fences or other temporary barriers adjacent to construction or repair projects on
40.27state-owned buildings or grounds.
40.28 Sec. 51. Minnesota Statutes 2008, section 16B.54, subdivision 2, is amended to read:
40.29 Subd. 2. Vehicles. (a) The commissioner may direct an agency to make a transfer of
40.30a passenger motor vehicle or truck currently assigned to it. The transfer must be made to
40.31the commissioner for use in the central motor pool. The commissioner shall reimburse an
41.1agency whose motor vehicles have been paid for with funds dedicated by the Constitution
41.2for a special purpose and which are assigned to the central motor pool. The amount of
41.3reimbursement for a motor vehicle is its average wholesale price as determined from the
41.4midwest edition of the National Automobile Dealers Association official used car guide.
41.5(b) To the extent that funds are available for the purpose, the commissioner may
41.6purchase or otherwise acquire additional passenger motor vehicles and trucks necessary
41.7for the central motor pool. The title to all motor vehicles assigned to or purchased or
41.8acquired for the central motor pool is in the name of the Department of Administration.
41.9(c) On the request of an agency, the commissioner may transfer to the central
41.10motor pool any passenger motor vehicle or truck for the purpose of disposing of it. The
41.11department or agency transferring the vehicle or truck must be paid for it from the motor
41.12pool revolving account established by this section in an amount equal to two-thirds of the
41.13average wholesale price of the vehicle or truck as determined from the midwest edition of
41.14the National Automobile Dealers Association official used car guide.
41.15(d) The commissioner shall provide for the uniform marking of all motor vehicles.
41.16Motor vehicle colors must be selected from the regular color chart provided by the
41.17manufacturer each year. The commissioner may further provide for the use of motor
41.18vehicles without marking by:
41.19(1) the governor;
41.20
41.21
41.22Gambling Enforcement, and arson investigators of the Division of Fire Marshal in the
41.23Department of Public Safety;
41.24
41.25
41.26
41.27
41.28
41.29Services;
41.30
41.31Development;
41.32
41.33
41.34(e) The state may not provide a car for use of the lieutenant governor.
41.35 Sec. 52. [16B.90] MILESTONES REPORT REQUIRED.
42.1The commissioner of administration must establish a statewide system of economic
42.2(including tax implications), social, and environmental performance measures. The
42.3milestones must provide the economic (including tax implications), social, and
42.4environmental information necessary for public and elected officials to understand and
42.5evaluate the sustainability of the state's long-term trends. The commissioner must report
42.6on the trends and their implications each year. The commissioner may contract for the
42.7development of information and measures.
42.8 Sec. 53. [16B.99] GEOSPATIAL INFORMATION OFFICE.
42.9 Subdivision 1. Creation. The Minnesota Geospatial Information Office is created
42.10under the supervision of the commissioner of administration.
42.11 Subd. 2. Responsibilities; authority. The office has authority to provide
42.12coordination, guidance, and leadership, and to plan the implementation of Minnesota's
42.13geospatial information technology. The office shall identify, coordinate, and guide
42.14strategic investments in geospatial information technology systems, data, and services to
42.15ensure effective implementation and use of Geospatial Information Systems (GIS) by state
42.16agencies to maximize benefits for state government as an enterprise.
42.17 Subd. 3. Duties. (a) The office must:
42.18(1) coordinate and guide the efficient and effective use of available federal,
42.19state, local, and public-private resources to develop statewide geospatial information
42.20technology, data, and services;
42.21(2) provide leadership and outreach, and ensure cooperation and coordination for
42.22all GIS functions in state and local government, including coordination between state
42.23agencies, intergovernment coordination between state and local units of government, and
42.24extragovernment coordination, which includes coordination with academic and other
42.25private and nonprofit sector GIS stakeholders;
42.26(3) review state agency and intergovernment geospatial technology, data, and
42.27services development efforts involving state or intergovernment funding, including federal
42.28funding;
42.29(4) provide information to the legislature regarding projects reviewed, and
42.30recommend projects for inclusion in the governor's budget under section 16A.11;
42.31(5) coordinate management of geospatial technology, data, and services between
42.32state and local governments;
42.33(6) provide coordination, leadership, and consultation to integrate government
42.34technology services with GIS infrastructure and GIS programs;
43.1(7) work to avoid or eliminate unnecessary duplication of existing GIS technology
43.2services and systems, including services provided by other public and private organizations
43.3while building on existing governmental infrastructures;
43.4(8) promote and coordinate consolidated geospatial technology, data, and services
43.5and shared geospatial Web services for state and local governments; and
43.6(9) promote and coordinate geospatial technology training, technical guidance, and
43.7project support for state and local governments.
43.8 Subd. 4. Duties of chief geospatial information officer. (a) In consultation with the
43.9state geospatial advisory council, the commissioner of administration, the commissioner
43.10of finance, and the Minnesota chief information officer, the chief geospatial information
43.11officer must identify when it is cost-effective for agencies to develop and use shared
43.12information and geospatial technology systems, data, and services. The chief geospatial
43.13information officer may require agencies to use shared information and geospatial
43.14technology systems, data, and services.
43.15(b) The chief geospatial information officer, in consultation with the state
43.16geospatial advisory council, must establish reimbursement rates in cooperation with
43.17the commissioner of finance to bill agencies and other governmental entities sufficient
43.18to cover the actual development, operation, maintenance, and administrative costs of
43.19the shared systems. The methodology for billing may include the use of interagency
43.20agreements, or other means as allowed by law.
43.21 Subd. 5. Fees. (a) The chief geospatial information officer must set fees under
43.22section 16A.1285 that reflect the actual cost of providing information products and
43.23services to clients. The fees must be approved by the commissioner of finance. Fees
43.24are not subject to rulemaking under chapter 14 and section 14.386 does not apply. Fees
43.25collected must be deposited in the state treasury and credited to the Minnesota Geospatial
43.26Information Office revolving account. Money in the account is appropriated to the chief
43.27geospatial information officer for providing GIS consulting services, software, data, Web
43.28services, and map products on a cost-recovery basis, including the cost of services,
43.29supplies, material, labor, and equipment as well as the portion of the general support
43.30costs and statewide indirect costs of the office that is attributable to the delivery of these
43.31products and services. Money in the account shall not be used for the general operation of
43.32the Minnesota Geospatial Information Office.
43.33(b) The chief geospatial information officer may require a state agency to make
43.34an advance payment to the revolving fund sufficient to cover the agency's estimated
43.35obligation for a period of 60 days or more. If the revolving fund is abolished or liquidated,
43.36the total net profit from the operation of the fund must be distributed to the various funds
44.1from which purchases were made. For a given period of time, the amount of total net profit
44.2to be distributed to each fund shall reflect the same ratio of total purchases attributable to
44.3each fund divided by the total purchases from all funds.
44.4 Subd. 6. Accountability. The chief geospatial information officer is appointed by
44.5the commissioner of administration and shall work closely with the Minnesota chief
44.6information officer who shall play an advisory role on technology projects, standards,
44.7and services.
44.8 Subd. 7. Discretionary powers. The office may:
44.9(1) enter into contracts for goods or services with public or private organizations
44.10and charge fees for services it provides;
44.11(2) apply for, receive, and expend money from public agencies;
44.12(3) apply for, accept, and disburse grants and other aids from the federal government
44.13and other public or private sources;
44.14(4) enter into contracts with agencies of the federal government, local government
44.15units, the University of Minnesota and other educational institutions, and private persons
44.16and other nongovernment organizations as necessary to perform its statutory duties;
44.17(5) appoint committees and task forces to assist the office in carrying out its duties;
44.18(6) sponsor and conduct conferences and studies, collect and disseminate
44.19information, and issue reports relating to geospatial information and technology issues;
44.20(7) participate in the activities and conferences related to geospatial information
44.21and communications technology issues;
44.22(8) review the GIS technology infrastructure of regions of the state and cooperate
44.23with and make recommendations to the governor, legislature, state agencies, local
44.24governments, local technology development agencies, the federal government, private
44.25businesses, and individuals for the realization of GIS information and technology
44.26infrastructure development potential;
44.27(9) sponsor, support, and facilitate innovative and collaborative geospatial systems
44.28technology, data, and services projects; and
44.29(10) review and recommend alternative sourcing strategies for state geospatial
44.30information systems technology, data, and services.
44.31 Subd. 8. Geospatial advisory councils created. The chief geospatial information
44.32officer must establish a governance structure that includes advisory councils to obtain
44.33expert advice from stakeholders on issues focusing on improving the operations and
44.34management of geospatial technology within state government and also on issues of
44.35importance to users of geospatial technology throughout the state.
45.1(a) A statewide geospatial advisory council must advise the Minnesota Geospatial
45.2Information Office about issues concerning the improvement of services statewide
45.3through the coordinated, affordable, reliable, and effective use of geospatial technology.
45.4Membership of the statewide council must include voting members selected to represent a
45.5cross section of organizations that include counties, cities, universities, business, nonprofit
45.6organizations, federal agencies, and state agencies. State agency membership must be
45.7limited to no more than 20 percent of the total voting membership. In addition, the chief
45.8geospatial information officer must be a nonvoting member.
45.9(b) A state government geospatial advisory council must advise the Minnesota
45.10Geospatial Information Office on issues concerning improving state government services
45.11through the coordinated, affordable, reliable, and effective use of geospatial technology.
45.12Membership of the state government council must include voting members representing
45.13up to 15 state government agencies and constitutional offices, including the Office of
45.14Enterprise Technology and the Minnesota Geospatial Information Office and shall be
45.15chaired by the chief geographic information officer. A representative of the statewide
45.16geospatial advisory council must serve as a nonvoting member.
45.17(c) Members of both the statewide geospatial advisory council and the state
45.18government advisory council must be recommended by a process that ensures that each
45.19member is designated to represent a clearly identified agency or stakeholder category
45.20and that complies with the state's open appointment process. Appointments must be
45.21made by the commissioner of administration for a period of two years. Members serve
45.22at the pleasure of the commissioner. Members must be reimbursed for expenses in the
45.23manner specified in section 15.059, but do not receive per diem under that section. The
45.24advisory councils expire June 30, 2013.
45.25(d) The Minnesota Geospatial Information Office must provide administrative
45.26support for both geospatial advisory councils.
45.27 Subd. 9. Report to legislature. By January 15, 2010, the chief geospatial
45.28information officer must provide a report to the appropriate chairs of the state government
45.29committees of the legislature that addresses all statutes that refer to the land management
45.30information center or land management information system and makes a recommendation
45.31about whether they should be continued, amended, or repealed.
45.32EFFECTIVE DATE.This section is effective July 1, 2009.
45.33 Sec. 54. Minnesota Statutes 2008, section 16C.16, is amended by adding a subdivision
45.34to read:
46.1 Subd. 6a. Service-disabled veteran-owned small businesses. (a) The
46.2commissioner shall award up to a six percent preference in the amount bid on state
46.3procurement to certified small businesses that are majority-owned and operated by
46.4veterans having service-connected disabilities, as determined by the United States
46.5Department of Veterans Affairs.
46.6(b) The purpose of this designation is to facilitate the transition of service-disabled
46.7veterans from military to civilian life, and to help compensate them for their sacrifices,
46.8including but not limited to their sacrifice of health and time, for the state and nation during
46.9their military service, as well as to enhance economic development within Minnesota.
46.10(c) For purposes of this section and section 16C.19, the following terms have the
46.11meanings given them:
46.12(1) "veteran" has the meaning given in section 197.447; and
46.13(2) "service-connected disability" has the meaning given in United States Code, title
46.1438, section 101(16), as determined by the United States Department of Veterans Affairs.
46.15EFFECTIVE DATE.This section is effective July 1, 2009, and applies to
46.16procurement contract bid solicitations issued on and after that date.
46.17 Sec. 55. Minnesota Statutes 2008, section 16C.19, is amended to read:
46.1816C.19 ELIGIBILITY; RULES.
46.19(a) A small business wishing to participate in the programs under section
46.20subdivisions 4 to 7
46.21by rule standards and procedures for certifying that small businesses, small targeted group
46.22businesses, and small businesses located in economically disadvantaged areas are eligible
46.23to participate under the requirements of sections
46.24shall adopt by rule standards and procedures for hearing appeals and grievances and other
46.25rules necessary to carry out the duties set forth in sections
46.26(b) The commissioner may make rules which exclude or limit the participation of
46.27nonmanufacturing business, including third-party lessors, brokers, franchises, jobbers,
46.28manufacturers' representatives, and others from eligibility under sections
46.30(c) The commissioner may make rules that set time limits and other eligibility limits
46.31on business participation in programs under sections
46.32(d) Notwithstanding paragraph (c), for purposes of sections 16C.16 to 16C.21, a
46.33service-disabled veteran-owned small business, the principal place of business of which
46.34is in Minnesota, is certified if it has been verified by the United States Department of
47.1Veterans Affairs as being a service-disabled veteran-owned small business in accordance
47.2with Public Law 109-461 and Code of Federal Regulations, title 38, part 74.
47.3EFFECTIVE DATE.This section is effective July 1, 2009, and applies to
47.4procurement contract bid solicitations issued on and after that date.
47.5 Sec. 56. Minnesota Statutes 2008, section 16C.20, is amended to read:
47.616C.20 CERTIFICATION.
47.7A business that is certified by the commissioner of administration as a small
47.8business, small targeted group business
47.9disadvantaged area, or a service-disabled veteran-owned small business is eligible to
47.10participate under the requirements of sections
47.11small business
47.12business, under section
47.13EFFECTIVE DATE.This section is effective July 1, 2009, and applies to
47.14procurement contract bid solicitations issued on and after that date.
47.15 Sec. 57. [16E.22] STATEWIDE ELECTRONIC LICENSING SYSTEM.
47.16 Subdivision 1. Account established; appropriation. The statewide electronic
47.17licensing account is created in the special revenue fund. Receipts credited to the account
47.18are appropriated to the state chief information officer for completion of the Minnesota
47.19electronic licensing system, for transferring licensing agencies to the system, and for
47.20operation and maintenance of the system during the completion and transfer period.
47.21 Subd. 2. Temporary licensing surcharge. Executive branch state agencies shall
47.22collect a temporary surcharge of ten percent of the licensing fee, but no less than $5 and no
47.23more than $150 on each business, commercial, professional, or occupational license that:
47.24(1) requires a fee; and
47.25(2) will be transferred to the Minnesota electronic licensing system, as determined
47.26by the state chief information officer.
47.27The surcharge applies to initial license applications and license renewals. Each agency
47.28that issues a license subject to this subdivision shall collect the surcharge for the license
47.29for up to six years between July 1, 2009, and June 30, 2015, as directed by the state
47.30chief information officer. Receipts from the surcharge shall be deposited in the statewide
47.31licensing account established in subdivision 1. Department of Commerce licensees who
47.32are paying for an existing electronic licensing database system under section 45.24 must
47.33not be required to pay the surcharge under this section. The funds acquired under section
48.145.24 must be used in part, as determined by the commissioner of commerce, to fund the
48.2statewide electronic licensing system under this section and the fee imposed on licensees
48.3who pay for the system under section 45.24 may not exceed the maximum fee allowed
48.4under that section.
48.5 Subd. 3. Priority. In completing the statewide electronic licensing system, the
48.6chief information officer must give priority to the extent practical to licenses that are
48.7not currently issued electronically.
48.8 Subd. 4. Contract authority. The state chief information officer may enter into
48.9a risk-share or phased agreement with a vendor to complete the Minnesota electronic
48.10licensing system and to transfer licensing agencies to the system, provided that the
48.11payment for the vendor's services under the agreement is limited to the revenue from the
48.12surcharge enacted under subdivision 2, after payment of state operating and maintenance
48.13costs. The agreement must clearly indicate that the state chief information officer may
48.14only expend amounts actually collected from the surcharge, after state operations and
48.15maintenance costs have been paid, in payment for the vendor's services and that the vendor
48.16assumes this risk when performing work under the contract. This section does not require
48.17the state chief information officer to pay the vendor the entire amount of the surcharge
48.18revenue that remains after payment of state operations and maintenance costs. Before
48.19entering into a contract under this subdivision, the state chief information officer must
48.20consult with the commissioner of finance regarding the implementation of the surcharge
48.21and the terms of the contract.
48.22 Subd. 5. Unused funds. Money remaining in the statewide electronic licensing
48.23account after payment of all costs of completing the Minnesota electronic licensing
48.24system, transferring licensing agencies to the system, and operating and maintaining
48.25the system during the completion and transfer period is appropriated for the costs of
48.26operating and maintaining the Minnesota electronic licensing system after the system
48.27has been completed.
48.28 Subd. 6. Expiration. This section expires on June 30, 2017.
48.29 Sec. 58. Minnesota Statutes 2008, section 43A.02, is amended by adding a subdivision
48.30to read:
48.31 Subd. 18a. Domestic partner. "Domestic partner" means a person who has entered
48.32into a committed interdependent relationship with one other adult, where the partners:
48.33(1) are responsible for each other's basic common welfare;
48.34(2) share a common residence and intend to do so indefinitely;
49.1(3) are not related by blood or adoption to an extent that would prohibit marriage in
49.2this state; and
49.3(4) are legally competent and qualified to enter into a contract.
49.4For purposes of this subdivision, domestic partners may be considered to share a
49.5common residence, even if they do not each have a legal right to possess the residence or
49.6one or both domestic partners possess additional real property.
49.7If one domestic partner temporarily leaves the common residence with the intention
49.8to return, the domestic partners continue to share a common residence for the purposes
49.9of this subdivision.
49.10 Sec. 59. Minnesota Statutes 2008, section 43A.1815, is amended to read:
49.1143A.1815
49.12 (a) In addition to donations under section
49.13total of up to
49.14leave account of one or more state employees. A state employee may not be paid for more
49.15than 80 hours in a payroll period during which the employee uses sick leave credited to
49.16the employee's account as a result of a transfer from another state employee's vacation
49.17or sick leave account.
49.18 (b) The recipient employee must receive donations, as available, for an illness
49.19or condition of the employee or a member of the employee's family that prevents the
49.20employee from working. The donations must be available without a waiting period as
49.21soon as the employee's sick and vacation leave is exhausted. Donations may be used for
49.22up to a total of 1,044 hours during the duration of eligible employment. Recipients must
49.23continue to accrue vacation and sick leave while they are on donation leave.
49.24(c) An applicant for benefits under this section who receives an unfavorable
49.25determination may select a designee to consult with the commissioner or commissioner's
49.26designee on the reasons for the determination.
49.27 (d) The commissioner shall establish procedures under section
49.284
49.29individual eligibility status, and other topics related to administration of this program.
49.30 Sec. 60. Minnesota Statutes 2008, section 43A.24, subdivision 1, is amended to read:
49.31 Subdivision 1. General. Employees, including persons on layoff from a civil
49.32service position, and employees who are employed less than full time, shall be eligible
49.33for state paid life insurance and hospital, medical and dental benefits as provided in
49.34collective bargaining agreements or plans established pursuant to section
50.1collective bargaining agreement or plan provides state paid health insurance for spouses of
50.2employees, the insurance must be made available to a domestic partner of a state employee
50.3on the same terms and conditions.
50.4EFFECTIVE DATE.This section is effective January 1, 2012.
50.5 Sec. 61. Minnesota Statutes 2008, section 43A.49, is amended to read:
50.643A.49 VOLUNTARY UNPAID LEAVE OF ABSENCE.
50.7(a) Appointing authorities in state government may allow each employee to take
50.8unpaid leaves of absence for up to 1,040 hours
50.9
50.10two-year period beginning July 1 of each odd-numbered year. Each appointing authority
50.11approving such a leave shall allow the employee to continue accruing vacation and sick
50.12leave, be eligible for paid holidays and insurance benefits, accrue seniority, and accrue
50.13service credit and credited salary in the state retirement plans as if the employee had
50.14actually been employed during the time of leave. An employee covered by the unclassified
50.15plan may voluntarily make the employee contributions to the unclassified plan during the
50.16leave of absence. If the employee makes these contributions, the appointing authority
50.17must make the employer contribution. If the leave of absence is for one full pay period or
50.18longer, any holiday pay shall be included in the first payroll warrant after return from the
50.19leave of absence. The appointing authority shall attempt to grant requests for the unpaid
50.20leaves of absence consistent with the need to continue efficient operation of the agency.
50.21However, each appointing authority shall retain discretion to grant or refuse to grant
50.22requests for leaves of absence and to schedule and cancel leaves, subject to the applicable
50.23provisions of collective bargaining agreements and compensation plans.
50.24(b) To receive eligible service credit and credited salary in a defined benefit plan, the
50.25member shall pay an amount equal to the applicable employee contribution rates. If an
50.26employee pays the employee contribution for the period of the leave under this section,
50.27the appointing authority must pay the employer contribution. The appointing authority
50.28may, at its discretion, pay the employee contributions. Contributions must be made in a
50.29time and manner prescribed by the executive director of the Minnesota State Retirement
50.30
50.31 Sec. 62. [43A.55] MANAGEMENT ANALYSIS REVOLVING FUND.
50.32 Subdivision 1. Creation. The management analysis revolving fund is created in the
50.33state treasury.
51.1 Subd. 2. Appropriation and use of funds. Money in the management analysis
51.2revolving fund is appropriated annually to the commissioner to provide analytical,
51.3statistical, and organizational development services to state agencies, local units of
51.4government, metropolitan and regional agencies, school districts, and other public entities
51.5in the state.
51.6 Subd. 3. Reimbursements. Except as specifically provided otherwise, each
51.7agency shall reimburse the management analysis revolving fund for the cost of all
51.8services, supplies, materials, labor, and depreciation of equipment, including reasonable
51.9overhead costs, that the commissioner is authorized and directed to furnish an agency.
51.10The commissioner shall report the rates to be charged for the revolving fund no later than
51.11July 1 of each year to the chair of the committee or division of the senate or the house of
51.12representatives with primary jurisdiction over the budget of the Department of Finance.
51.13 Subd. 4. Cash flow. The commissioner may make appropriate transfers to the
51.14revolving fund according to section 16A.126. The commissioner may make allotment
51.15and encumbrances in anticipation of these transfers. In addition, the commissioner may
51.16require an agency to make advance payments to the revolving fund sufficient to cover
51.17the office's estimated obligation for a period of at least 60 days. All reimbursements
51.18and other money received by the commissioner under this section must be deposited in
51.19the management analysis revolving fund.
51.20 Subd. 5. Liquidation. If the management analysis revolving fund is abolished or
51.21liquidated, the total net profit from the operation of the fund must be distributed to the
51.22various funds from which purchases were made. For a given period of time, the amount of
51.23total net profit to be distributed to each fund shall reflect the same ratio of total purchases
51.24attributable to each fund divided by the total purchases from all funds.
51.25 Sec. 63. Minnesota Statutes 2008, section 116G.15, is amended to read:
51.26116G.15 MISSISSIPPI RIVER CRITICAL AREA.
51.27
51.28pursuant to United States Code, title 16, section 460zz-2(k), is designated an area of
51.29critical concern in accordance with this chapter. The governor shall review the existing
51.30Mississippi River critical area plan and specify any additional standards and guidelines
51.31to affected communities in accordance with section
51.32(b), clauses (3) and (4), needed to insure preservation of the area pending the completion
51.33of the federal plan.
51.34
51.35
52.1
52.2
52.3
52.4
52.5
52.6
52.7
52.8
52.9
52.10
52.11
52.12
52.13
52.14
52.15
52.16
52.17
52.18
52.19
52.20
52.21 Sec. 64. [116G.152] CRITICAL AREA.
52.22The Metropolitan Council, in consultation with the Environmental Quality Board,
52.23shall consider for inclusion in the regional recreational open space system created in
52.24chapter 473 property adjacent to Main Street and southeast of 6th Avenue Southeast in the
52.25city of Minneapolis. The Council and the Environmental Quality Board shall report to the
52.26legislature by January 15, 2011, on the extent to which inclusion of the property in the
52.27open space system would support official plans for the area, including local comprehensive
52.28plans, regional park plans, and Mississippi River Critical Area standards. No rezoning,
52.29conditional use permit, or variance may be granted with respect to any property in the area
52.30described in this section until the legislature determines that the property is not suitable for
52.31inclusion in the regional recreational open space system.
52.32 Sec. 65. Minnesota Statutes 2008, section 135A.17, subdivision 2, is amended to read:
52.33 Subd. 2. Residential housing list.
52.34
53.1Colleges and Universities system must prepare a current list of students enrolled in the
53.2institution and residing
53.3
53.4as permitted by applicable privacy laws. The list
53.5
53.625 days prior to the November general election, in an electronic format specified by the
53.7secretary of state, for use in election day registration as provided under section
53.8subdivision 3
53.9of the postsecondary educational institution, or for institutions within the Minnesota
53.10State Colleges and Universities system, by the chancellor, and must state that the list is
53.11current and accurate and includes only the names of currently enrolled students residing in
53.12Minnesota as of the date of certification. The secretary of state must combine the data
53.13received from each postsecondary educational institution under this subdivision and must
53.14process the data to locate the precinct in which the address provided for each student is
53.15located. If the data submitted by the postsecondary educational institution is insufficient
53.16for the secretary of state to locate the proper precinct, the associated student name must
53.17not appear in any list forwarded to a county auditor under this subdivision.
53.18At least 14 days prior to the November general election, the secretary of state
53.19must forward to the appropriate county auditor lists of students containing the students'
53.20names and addresses for which precinct determinations have been made along with their
53.21postsecondary educational institutions. The list must be sorted by precinct and student
53.22last name and must be forwarded in an electronic format specified by the secretary of
53.23state or other mutually agreed upon medium, if a written agreement specifying the
53.24medium is signed by the secretary of state and the county auditor at least 90 days before
53.25the November general election. A written agreement is effective for all elections until
53.26rescinded by either the secretary of state or the county auditor.
53.27(b) Other postsecondary institutions may provide lists as provided by this subdivision
53.28or as provided by the rules of the secretary of state. The University of Minnesota is
53.29requested to comply with this subdivision.
53.30(c) A residential housing list provided under this subdivision may not be used or
53.31disseminated by a county auditor or the secretary of state for any other purpose.
53.32 Sec. 66. Minnesota Statutes 2008, section 161.321, is amended to read:
53.33161.321 SMALL BUSINESS CONTRACTS.
54.1 Subdivision 1. Definitions. For purposes of this section the following terms have
54.2the meanings given them, except where the context clearly indicates a different meaning is
54.3intended.
54.4(a) "Award" means the granting of a contract in accordance with all applicable laws
54.5and rules governing competitive bidding except as otherwise provided in this section.
54.6(b) "Contract" means an agreement entered into between a business entity and the
54.7state of Minnesota for the construction of transportation improvements.
54.8(c) "Subcontractor" means a business entity which enters into a legally binding
54.9agreement with another business entity which is a party to a contract as defined in
54.10paragraph (b).
54.11(d) "Targeted group business" means a business designated under section
54.12subdivision 5
54.13(e) "Service-disabled veteran-owned small business" means a business designated
54.14under section 16C.16, subdivision 6a.
54.15 Subd. 2. Small business set-asides. (a) The commissioner may award up to a six
54.16percent preference in the amount bid for specified construction work to small targeted
54.17group businesses and service-disabled veteran-owned small businesses.
54.18(b) The commissioner may designate a contract for construction work for award only
54.19to small targeted group businesses if the commissioner determines that at least three small
54.20targeted group businesses are likely to bid. The commissioner may designate a contract
54.21for construction work for award only to service-disabled veteran-owned small businesses
54.22if the commissioner determines that at least three service-disabled veteran-owned small
54.23businesses are likely to bid.
54.24(c) The commissioner, as a condition of awarding a construction contract, may set
54.25goals that require the prime contractor to subcontract a portion of the contract to small
54.26targeted group businesses and service-disabled veteran-owned small businesses. The
54.27commissioner must establish a procedure for granting waivers from the subcontracting
54.28requirement when qualified small targeted group businesses and service-disabled
54.29veteran-owned small businesses are not reasonably available. The commissioner may
54.30establish financial incentives for prime contractors who exceed the goals for use of
54.31subcontractors and financial penalties for prime contractors who fail to meet goals under
54.32this paragraph. The subcontracting requirements of this paragraph do not apply to prime
54.33contractors who are small targeted group businesses or service-disabled veteran-owned
54.34small businesses.
55.1(d) The commissioner may award up to a four percent preference in the amount bid
55.2on procurement to small businesses located in an economically disadvantaged area as
55.3defined in section
55.4 Subd. 3. Awards to small businesses. At least 75 percent of subcontracts awarded
55.5to small targeted group businesses must be performed by the business to which the
55.6subcontract is awarded or another small targeted group business. At least 75 percent
55.7of subcontracts awarded to service-disabled veteran-owned small businesses must be
55.8performed by the business to which the subcontract is awarded or another service-disabled
55.9veteran-owned small business.
55.10 Subd. 4. Awards, limitations. Contracts awarded pursuant to this section are
55.11subject to all limitations contained in rules adopted by the commissioner of administration.
55.12 Subd. 5. Recourse to other businesses. If the commissioner is unable to award
55.13a contract pursuant to the provisions of subdivisions 2 and 3, the award may be placed
55.14pursuant to the normal solicitation and award provisions set forth in this chapter and
55.15chapter 16C.
55.16 Subd. 6. Rules. The rules adopted by the commissioner of administration to define
55.17small businesses and to set time and other eligibility requirements for participation in
55.18programs under sections
55.19promulgate other rules necessary to carry out this section.
55.20 Subd. 7. Noncompetitive bids. The commissioner is encouraged to purchase from
55.21small targeted group businesses and service-disabled veteran-owned small businesses
55.22designated under section
55.23competitive bidding procedures.
55.24 Subd. 8. Report by commissioner. The commissioner of transportation shall report
55.25to the commissioner of administration on compliance with this section. The information
55.26must be reported at the time and in the manner requested by the commissioner.
55.27EFFECTIVE DATE.This section is effective July 1, 2009, and applies to
55.28procurement contract bid solicitations issued on and after that date.
55.29 Sec. 67. Minnesota Statutes 2008, section 201.061, subdivision 1, is amended to read:
55.30 Subdivision 1. Prior to election day. At any time except during the 20 days
55.31immediately preceding any regularly scheduled election, an eligible voter or any
55.32individual who will be an eligible voter at the time of the next election may register to vote
55.33in the precinct in which the voter maintains residence by completing a voter registration
55.34application as described in section
55.35by mail to the county auditor of that county or to the Secretary of State's Office. If the Web
56.1site maintained by the secretary of state provides a process for it, an individual who has
56.2a Minnesota driver's license, identification card, or learner's permit may register online.
56.3A registration that is received no later than 5:00 p.m. on the 21st day preceding any
56.4election shall be accepted. An improperly addressed or delivered registration application
56.5shall be forwarded within two working days after receipt to the county auditor of the
56.6county where the voter maintains residence. A state or local agency or an individual that
56.7accepts completed voter registration applications from a voter must submit the completed
56.8applications to the secretary of state or the appropriate county auditor within ten days
56.9after the applications are dated by the voter.
56.10For purposes of this section, mail registration is defined as a voter registration
56.11application delivered to the secretary of state, county auditor, or municipal clerk by the
56.12United States Postal Service or a commercial carrier.
56.13 Sec. 68. Minnesota Statutes 2008, section 201.061, subdivision 3, is amended to read:
56.14 Subd. 3. Election day registration. (a) An individual who is eligible to vote may
56.15register on election day by appearing in person at the polling place for the precinct in
56.16which the individual maintains residence, by completing a registration application, making
56.17an oath in the form prescribed by the secretary of state and providing proof of residence.
56.18An individual may prove residence for purposes of registering by:
56.19 (1) presenting a driver's license or Minnesota identification card issued pursuant
56.20to section
56.21 (2) presenting any document approved by the secretary of state as proper
56.22identification;
56.23 (3) presenting one of the following:
56.24 (i) a current valid student identification card from a postsecondary educational
56.25institution in Minnesota, if a list of students from that institution has been prepared under
56.26section
56.27the secretary of state; or
56.28 (ii) a current student fee statement that contains the student's valid address in the
56.29precinct together with a picture identification card; or
56.30 (4) having a voter who is registered to vote in the precinct, or who is an employee
56.31employed by and working in a residential facility in the precinct and vouching for a
56.32resident in the facility, sign an oath in the presence of the election judge vouching that the
56.33voter or employee personally knows that the individual is a resident of the precinct. A
56.34voter who has been vouched for on election day may not sign a proof of residence oath
56.35vouching for any other individual on that election day. A voter who is registered to vote in
57.1the precinct may sign up to 15 proof-of-residence oaths on any election day. This limitation
57.2does not apply to an employee of a residential facility described in this clause. The
57.3secretary of state shall provide a form for election judges to use in recording the number
57.4of individuals for whom a voter signs proof-of-residence oaths on election day. The
57.5form must include space for the maximum number of individuals for whom a voter may
57.6sign proof-of-residence oaths. For each proof-of-residence oath, the form must include
57.7a statement that the voter is registered to vote in the precinct, personally knows that the
57.8individual is a resident of the precinct, and is making the statement on oath. The form must
57.9include a space for the voter's printed name, signature, telephone number, and address.
57.10 The oath required by this subdivision and Minnesota Rules, part
57.11attached to the voter registration application.
57.12 (b) The operator of a residential facility shall prepare a list of the names of its
57.13employees currently working in the residential facility and the address of the residential
57.14facility. The operator shall certify the list and provide it to the appropriate county auditor
57.15no less than 20 days before each election for use in election day registration.
57.16 (c) "Residential facility" means transitional housing as defined in section
57.17subdivision 1
57.18section
57.195
57.20establishment as defined in section
57.21the board of directors of the Minnesota Veterans Homes under chapter 198; a residence
57.22licensed by the commissioner of human services to provide a residential program as
57.23defined in section
57.24developmental disability licensed by the commissioner of human services under section
57.26for battered women as defined in section
57.27publicly or privately operated shelter or dwelling designed to provide temporary living
57.28accommodations for the homeless.
57.29 (d) For tribal band members, an individual may prove residence for purposes of
57.30registering by:
57.31 (1) presenting an identification card issued by the tribal government of a tribe
57.32recognized by the Bureau of Indian Affairs, United States Department of the Interior, that
57.33contains the name, address, signature, and picture of the individual; or
57.34 (2) presenting an identification card issued by the tribal government of a tribe
57.35recognized by the Bureau of Indian Affairs, United States Department of the Interior, that
58.1contains the name, signature, and picture of the individual and also presenting one of the
58.2documents listed in Minnesota Rules, part
58.3 (e) A county, school district, or municipality may require that an election judge
58.4responsible for election day registration initial each completed registration application.
58.5 Sec. 69. Minnesota Statutes 2008, section 201.071, subdivision 1, is amended to read:
58.6 Subdivision 1. Form. A voter registration application must
58.7
58.8name, middle name, and last name; voter's previous name, if any; voter's current address;
58.9voter's previous address, if any; voter's date of birth; voter's municipality and county of
58.10residence; voter's telephone number, if provided by the voter; date of registration; current
58.11and valid Minnesota driver's license number or Minnesota state identification number,
58.12or if the voter has no current and valid Minnesota driver's license or Minnesota state
58.13identification, and the last four digits of the voter's Social Security number
58.14
58.15by the voter, and the voter's interest in serving as an election judge, if indicated by the
58.16voter. The application must also contain the following certification of voter eligibility:
58.17"I certify that I:
58.18(1) will be at least 18 years old on election day;
58.19(2) am a citizen of the United States;
58.20(3) will have resided in Minnesota for 20 days immediately preceding election day;
58.21(4) maintain residence at the address given on the registration form;
58.22(5) am not under court-ordered guardianship in which the court order revokes my
58.23right to vote;
58.24(6) have not been found by a court to be legally incompetent to vote;
58.25(7) have the right to vote because, if I have been convicted of a felony, my felony
58.26sentence has expired (been completed) or I have been discharged from my sentence; and
58.27(8) have read and understand the following statement: that giving false information
58.28is a felony punishable by not more than five years imprisonment or a fine of not more
58.29than $10,000, or both."
58.30The certification must include boxes for the voter to respond to the following
58.31questions:
58.32"(1) Are you a citizen of the United States?" and
58.33"(2) Will you be 18 years old on or before election day?"
58.34And the instruction:
58.35"If you checked 'no' to either of these questions, do not complete this form."
59.1The form of the voter registration application and the certification of voter eligibility
59.2must be as provided in this subdivision and approved by the secretary of state. Voter
59.3registration forms authorized by the National Voter Registration Act must also be accepted
59.4as valid. The federal postcard application form must also be accepted as valid if it is not
59.5deficient and the voter is eligible to register in Minnesota.
59.6An individual may use a voter registration application to apply to register to vote in
59.7Minnesota or to change information on an existing registration.
59.8A paper voter registration application must include space for the voter's signature.
59.9Paper voter registration applications, other than those used for election day registration,
59.10must be of suitable size and weight for mailing.
59.11 Sec. 70. Minnesota Statutes 2008, section 201.091, is amended by adding a subdivision
59.12to read:
59.13 Subd. 5a. Registration confirmation to registered voter. The secretary of state
59.14must ensure that the secretary of state's Web site is capable of providing voter registration
59.15confirmation to a registered voter. An individual requesting registration confirmation must
59.16provide the individual's name, address, and date of birth. If the information provided by
59.17the individual completely matches an active voter record in the statewide voter registration
59.18system, the Web site must inform the individual that the individual is a registered voter and
59.19must provide the individual with the individual's polling place location. If the information
59.20provided by the individual does not completely match an active voter record in the
59.21statewide voter registration system, the Web site must inform the individual that a voter
59.22record with that name and date of birth at the address provided cannot be confirmed and the
59.23Web site must advise the individual to contact the county auditor for further information.
59.24EFFECTIVE DATE.This section is not effective until the secretary of state has
59.25certified that the Web site has been tested, has been shown to properly retrieve information
59.26from the correct voter's record, and can handle the expected volume of use.
59.27 Sec. 71. Minnesota Statutes 2008, section 211B.37, is amended to read:
59.28211B.37 COSTS ASSESSED.
59.29Except as otherwise provided in section
59.30
59.32
59.33appropriation from the general fund to the
60.1
60.2
60.3
60.4
60.5
60.6
60.7 Sec. 72. [270C.145] TECHNOLOGY LEASE-PURCHASE APPROPRIATION.
60.8$2,117,000 is appropriated annually from the general fund to the commissioner
60.9to make payments under a lease-purchase agreement as defined in section 16A.81 for
60.10completing the purchase and development of an integrated tax software package; provided
60.11that the state is not obligated to continue the appropriation of funds or to make lease
60.12payments in any future fiscal year. Any unexpended portions of this appropriation cancel
60.13to the general fund at the close of each biennium. This section expires June 30, 2019.
60.14 Sec. 73. Minnesota Statutes 2008, section 471.345, subdivision 15, is amended to read:
60.15 Subd. 15. Cooperative purchasing. (a) Municipalities may contract for the
60.16purchase of supplies, materials, or equipment by utilizing contracts that are available
60.17through the state's cooperative purchasing venture authorized by section 16C.11 whenever
60.18practicable and cost-effective.
60.19(b) Unless required to utilize the state's cooperative purchasing venture under
60.20paragraph (a), a municipality may contract for the purchase of supplies, materials, or
60.21equipment without regard to the competitive bidding requirements of this section if the
60.22purchase is through a national municipal association's purchasing alliance or cooperative
60.23created by a joint powers agreement that purchases items from more than one source on
60.24the basis of competitive bids or competitive quotations.
60.25 Sec. 74. Minnesota Statutes 2008, section 473.142, is amended to read:
60.26473.142 SMALL BUSINESSES.
60.27(a) The Metropolitan Council and agencies specified in section
60.281
60.29services to small targeted group businesses and service-disabled veteran-owned small
60.30businesses designated under section
60.31(b) The council and each agency specified in section
60.32may designate a purchase of goods or services for award only to small targeted group
60.33businesses designated under section
61.1least three small targeted group businesses are likely to bid. The council and each agency
61.2specified in section 473.143, subdivision 1, may designate a purchase of goods or services
61.3for award only to service-disabled veteran-owned small businesses designated under
61.4section 16C.16 if the council or agency determines that at least three service-disabled
61.5veteran-owned small businesses are likely to bid.
61.6(c) The council and each agency specified in section
61.7condition of awarding a construction contract or approving a contract for consultant,
61.8professional, or technical services, may set goals that require the prime contractor
61.9to subcontract a portion of the contract to small targeted group businesses and
61.10service-disabled veteran-owned small businesses designated under section
61.11council or agency must establish a procedure for granting waivers from the subcontracting
61.12requirement when qualified small targeted group businesses and service-disabled
61.13veteran-owned small businesses are not reasonably available. The council or agency
61.14may establish financial incentives for prime contractors who exceed the goals for use of
61.15subcontractors and financial penalties for prime contractors who fail to meet goals under
61.16this paragraph. The subcontracting requirements of this paragraph do not apply to prime
61.17contractors who are small targeted group businesses and service-disabled veteran-owned
61.18small businesses. At least 75 percent of the value of the subcontracts awarded to small
61.19targeted group businesses under this paragraph must be performed by the business to
61.20which the subcontract is awarded or by another small targeted group business. At least
61.2175 percent of the value of the subcontracts awarded to service-disabled veteran-owned
61.22small businesses under this paragraph must be performed by the business to which the
61.23subcontract is awarded or another service-disabled veteran-owned small business.
61.24(d) The council and each agency listed in section
61.25encouraged to purchase from small targeted group businesses and service-disabled
61.26veteran-owned small businesses designated under section
61.27that are not subject to competitive bidding procedures.
61.28(e) The council and each agency may adopt rules to implement this section.
61.29(f) Each council or agency contract must require the prime contractor to pay any
61.30subcontractor within ten days of the prime contractor's receipt of payment from the
61.31council or agency for undisputed services provided by the subcontractor. The contract
61.32must require the prime contractor to pay interest of 1-1/2 percent per month or any
61.33part of a month to the subcontractor on any undisputed amount not paid on time to the
61.34subcontractor. The minimum monthly interest penalty payment for an unpaid balance of
61.35$100 or more is $10. For an unpaid balance of less than $100, the prime contractor shall
61.36pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil
62.1action to collect interest penalties from a prime contractor must be awarded its costs and
62.2disbursements, including attorney fees, incurred in bringing the action.
62.3(g) This section does not apply to procurement financed in whole or in part
62.4with federal funds if the procurement is subject to federal disadvantaged, minority, or
62.5women business enterprise regulations. The council and each agency shall report to the
62.6commissioner of administration on compliance with this section. The information must be
62.7reported at the time and in the manner requested by the commissioner.
62.8EFFECTIVE DATE.This section is effective July 1, 2009, and applies to
62.9procurement contract bid solicitations issued on and after that date.
62.10 Sec. 75. Laws 2005, chapter 156, article 2, section 45, as amended by Laws 2007,
62.11chapter 148, article 2, section 73, is amended to read:
62.12 Sec. 45. SALE OF STATE LAND.
62.13 Subdivision 1. State land sales. The commissioner of administration shall
62.14coordinate with the head of each department or agency having control of state-owned land
62.15to identify and sell at least $6,440,000 of state-owned land. Sales should be completed
62.16according to law and as provided in this section as soon as practicable but no later than
62.17June 30,
62.19for public sale by only providing notice of lands or an offer of sale of lands to state
62.20departments or agencies, the University of Minnesota, cities, counties, towns, school
62.21districts, or other public entities.
62.22 Subd. 2. Anticipated savings. Notwithstanding Minnesota Statutes, section
62.24sale of land under this section that exceeds the actual expenses of selling the land must
62.25be deposited in the general fund, except as otherwise provided by the commissioner of
62.26finance. Notwithstanding Minnesota Statutes, section
62.27of finance may establish the timing of payments for land purchased under this section. If
62.28the total of all money deposited into the general fund from the proceeds of the sale of land
62.29under this section is anticipated to be less than $6,440,000, the governor must allocate the
62.30amount of the difference as reductions to general fund operating expenditures for other
62.31executive agencies for the biennium ending June 30,
62.32 Subd. 3. Sale of state lands revolving loan fund. $290,000 is appropriated from
62.33the general fund in fiscal year 2006 to the commissioner of administration for purposes
62.34of paying the actual expenses of selling state-owned lands to achieve the anticipated
62.35savings required in this section. From the gross proceeds of land sales under this section,
63.1the commissioner of administration must cancel the amount of the appropriation in this
63.2subdivision to the general fund by June 30,
63.3 Sec. 76. Laws 2005, chapter 162, section 34, subdivision 2, is amended to read:
63.4 Subd. 2. Optical scan equipment. $6,000,000 is appropriated from the Help
63.5America Vote Act account to the secretary of state for grants to counties to purchase
63.6optical scan voting equipment. Counties are eligible for grants to the extent that they
63.7decide to purchase ballot marking machines and as a result do not have sufficient Help
63.8America Vote Act grant money remaining to also purchase a compatible precinct-based
63.9optical scan machine or central-count machine. These grants must be allocated to counties
63.10at a rate of $3,000 per eligible precinct until the appropriation is exhausted, with priority
63.11in the payment of grants to be given to counties currently using hand- and central-count
63.12voting systems and counties using precinct-count optical scan voting systems incompatible
63.13with assistive voting systems or ballot marking machines. This appropriation is available
63.14until June 30,
63.15EFFECTIVE DATE.This section is effective June 30, 2009.
63.16 Sec. 77. Laws 2007, chapter 131, article 2, section 22, is amended to read:
63.17 Sec. 22. PRIVATE SALE OF SURPLUS STATE LAND; HENNEPIN
63.18COUNTY.
63.19 (a) Notwithstanding Minnesota Statutes, sections
63.20of natural resources may sell by private sale to a governmental subdivision the surplus
63.21land that is described in paragraph (c).
63.22 (b) The conveyance must be in a form approved by the attorney general. The
63.23attorney general may make necessary changes to the legal description to correct errors
63.24and ensure accuracy. The commissioner may sell the land to a governmental subdivision
63.25of the state for
63.26consideration under the conditions and provisions described in paragraph (e), but the
63.27conveyance must provide that the land described in paragraph (c) be used for the public
63.28and reverts to the state if the governmental subdivision fails to provide for public use
63.29or abandons the public use of the land. The commissioner may include conservation
63.30restrictions in the conveyance deed to ensure the property is maintained as open space.
63.31 (c) The land that may be sold is located in Hennepin County and is described
63.32as follows:
63.33 (1) the Northwest Quarter of Southwest Quarter, Section 36, Township 120 North,
63.34Range 22 West, less road right-of-way, containing 39 acres, more or less;
64.1 (2) the east six and two-thirds acres of the West Half of the Southeast Quarter
64.2of the Southwest Quarter, Section 36, Township 120 North, Range 22 West, less road
64.3right-of-way, containing
64.4 (3) the West Quarter of the East Half of the Southeast Quarter of the Southwest
64.5Quarter, Section 36, Township 120 North, Range 22 West, less road right-of-way,
64.6containing
64.7 (d) The land was conveyed to the state for wild game reservation purposes. Due
64.8to adjacent residential use and local zoning restrictions, the land is no longer available
64.9for hunting purposes. The Department of Natural Resources has determined that the
64.10state's land management interests would best be served if the lands were conveyed to a
64.11local unit of government.
64.12(e) The payment in lieu to Hennepin County as provided under Minnesota Statutes,
64.13sections 477A.11 to 477A.145, will be reduced by $18,750 for the amounts payable in
64.14each of calendar years 2009 and 2010.
64.15 Sec. 78. Laws 2007, chapter 148, article 2, section 79, is amended to read:
64.16 Sec. 79. TRAINING SERVICES.
64.17 During the biennium ending June 30,
64.18must consider using services provided by government training services before contracting
64.19with other outside vendors for similar services.
64.20 Sec. 79. CASH FLOW STUDY.
64.21 By January 15, 2010, the commissioner of finance must submit to the chair of the
64.22Finance Committee in the senate and the chair of the Ways and Means Committee in the
64.23house of representatives, a report on the cash flow condition of the general fund for the
64.24fiscal year 2010-2011 biennium and the following biennium, including an assessment of
64.25the options for improving the long-term cash flow of the state through changes in the
64.26timing of general fund payment dates, revenue collections, or other changes. In addition,
64.27the report should identify all major provisions of law that result in state expenditures or
64.28revenues being recognized in budget documents in a fiscal year earlier or later than the
64.29fiscal year in which the obligation to pay state expenses was incurred or the liability
64.30to pay state taxes was incurred.
64.31 Sec. 80. STATE EMPLOYEES' PERSONAL HEALTH RECORDS; CRITERIA.
65.1(a) The system that the commissioner of finance selects to provide electronic
65.2personal health records under Laws 2007, chapter 148, article 2, section 78, must meet the
65.3following criteria:
65.4(1) be interoperable and compliant with the ASTM International's Continuum of
65.5Care Record standards and the Continuity of Care Document standards;
65.6(2) provide consumer-owned records that are portable among plans, employers,
65.7and providers;
65.8(3) not be tethered to or affiliated with a specific health plan or provider;
65.9(4) support management, storing, and sharing of complete health history information,
65.10including but not limited to, medical conditions, medication history, surgeries, medical
65.11procedures, immunizations, lab results, radiology reports, health directives, and other
65.12medical records;
65.13(5) provide employees the ability to share their health data electronically with health
65.14providers and others and give them flexibility and control over which specific health
65.15data is shared;
65.16(6) enable each employee to manage multiple personal health record accounts for
65.17family members under the employee's account;
65.18(7) provide a range of consumer engagement and decision support tools, such as
65.19online provider directories and health care cost management tools;
65.20(8) support integration of third-party applications, such as health risk assessments
65.21and wellness and incentive programs; and
65.22(9) provide that participation in the system is voluntary for each employee.
65.23(b) The commissioner of finance must contract with a vendor that demonstrates
65.24the following:
65.25(1) a plan and ability to provide Minnesota consumers access to data on prescription
65.26history, immunizations, lab and radiology results, and other medical records;
65.27(2) an ability to provide online consumer-owned health records to all Minnesotans;
65.28(3) a plan to serve rural and underserved communities; and
65.29(4) a commitment to providing Minnesota-based staff for onsite assistance in
65.30planning and participation in securing and integrating health data from multiple sources
65.31for consumers.
65.32(c) The selected system must not permit ad-serving cookies, tracking of clicked
65.33links, and server log commercial data mining without the express consent of the consumer.
65.34The selected system must require the same privacy terms for all linked services and must
65.35not share aggregate, de-identified information without express consent from the consumer.
65.36EFFECTIVE DATE.This section is effective the day following final enactment.
66.1 Sec. 81. COLOCATION REPORT.
66.2The Management Analysis Division of the Department of Finance must study and
66.3report to the legislature by January 15, 2010, on possible colocation of the offices of the
66.4Council on Black Minnesotans, the Council on Affairs of Chicano/Latino People, the
66.5Council on Asian-Pacific Minnesotans, and the metropolitan area office of the Indian
66.6Affairs Council. The report must include analysis of potential cost savings, when those
66.7savings could be realized, and the effect of potential colocation on operations of the
66.8councils.
66.9EFFECTIVE DATE.This section is effective the day following final enactment.
66.10 Sec. 82. NO TRANSFER OF EQB DUTIES OR STAFF.
66.11During the biennium ending June 30, 2011, the executive branch may not use
66.12authority under Minnesota Statutes, section 16B.37 or any other authority to transfer
66.13powers, duties, or personnel associated with the Environmental Quality Board.
66.14 Sec. 83. ACCOUNTING AND PROCUREMENT SYSTEMS.
66.15The commissioner of finance must consult with the chairs of the house of
66.16representatives Ways and Means Committee and senate Finance Committee before
66.17encumbering any funds appropriated for use on or after July 1, 2009, for the planning,
66.18development, and implementation of state accounting or procurement systems. No funds
66.19appropriated for these purposes may be spent unless the commissioner certifies that the
66.20systems will include an application programming interface that allows public access to the
66.21system's underlying data on state contracts, appropriations, and expenditures using an open
66.22format. In developing the public access system, the commissioner must consult with the
66.23commissioner of administration and the director of the Office of Enterprise Technology to
66.24ensure that the design and operation of the system are done in compliance with Minnesota
66.25Statutes, chapter 13, Minnesota Statutes, section 138.17, and other laws governing data
66.26practices, including but not limited to, ensuring that government data in the system are
66.27easily accessible for convenient use by the public, ensuring that only public data are placed
66.28on the Web site, and preparing and following retention schedules for data in the system.
66.29EFFECTIVE DATE.This section is effective July 1, 2009.
66.30 Sec. 84. RACING LICENSE FEE RATIFICATION.
66.31The license fees in Minnesota Rules, part 7877.0120, are ratified by this act.
66.32EFFECTIVE DATE.This section is effective the day following final enactment.
67.1 Sec. 85. TECHNOLOGY LEASE-PURCHASE AUTHORIZATION.
67.2 Subdivision 1. Lease-purchase agreements. The commissioner of finance shall
67.3enter into one or more lease-purchase agreements as defined in Minnesota Statutes, section
67.416A.81, to finance the two projects in subdivisions 2 and 3.
67.5 Subd. 2. Replacement of state's accounting and procurement systems.
67.6Proceeds of lease-purchase agreements and the issuance and sale of related certificates
67.7of participation are appropriated to the commissioner of finance for development and
67.8implementation of a new statewide accounting and procurement system.
67.9 Subd. 3. Completion of integrated tax system. Proceeds of lease-purchase
67.10agreements and the issuance and sale of related certificates of participation are appropriated
67.11to the commissioner of revenue for completing the purchase and implementation of an
67.12integrated tax software package.
67.13EFFECTIVE DATE.This section is effective the day following final enactment.
67.14 Sec. 86. LRT MITIGATION IMPACTS IN CAPITOL AREA.
67.15The Metropolitan Council must include mitigation of impacts in the Capitol Area
67.16not addressed in the project baseline in preliminary engineering and the final design for
67.17the Central Corridor Light Rail Transit Line. The Metropolitan Council must include the
67.18construction of mitigation elements not addressed in the project baseline in the Central
67.19Corridor Light Rail Transit bid packages as add-alternates. Proceeding with construction
67.20of these add-alternates will be subject to availability of an appropriation in the 2010
67.21legislative session for this purpose. The Capitol Area Architectural and Planning Board
67.22and the Department of Administration, in consultation with the Metropolitan Council, shall
67.23determine impacts not addressed in the project baseline that require mitigation. By January
67.2415, 2010, the Metropolitan Council must report to the chairs of the house of representatives
67.25Capital Investment Finance Division, the senate Capital Investment committee, and the
67.26house of representatives and senate Finance and Transportation Committees the estimated
67.27cost to mitigate the impacts not addressed in the project baseline.
67.28 Sec. 87. ENTERPRISE REAL PROPERTY CONTRIBUTIONS.
67.29On or before June 1, 2009, the commissioner of administration shall determine the
67.30amount to be contributed by each executive agency to maintain the enterprise real property
67.31technology system for the fiscal year 2010 and fiscal year 2011 biennium. On or before
67.32June 15, 2009, each executive agency shall enter into an agreement with the commissioner
67.33of administration setting forth the manner in which the executive agency shall make its
67.34contribution to the enterprise real property system, either from uncommitted fiscal year
68.12009 funds or by contributing from fiscal year 2010 and fiscal year 2011 funds to the real
68.2property enterprise system and services account to fund the total amount of $1,688,000 for
68.3the biennium. Funds contributed under this section must be credited to the enterprise real
68.4property technology system and services account.
68.5EFFECTIVE DATE.This section is effective the day following final enactment.
68.6 Sec. 88. RENTAL COST SAVINGS.
68.7The commissioner of administration must report to the legislature by January 15,
68.82010, on savings in state agency costs for rental space in state-owned and state-leased
68.9buildings that can be achieved by expected decreases in agency complement and that could
68.10be achieved by encouraging or requiring increased telecommuting by state employees.
68.11The report must estimate savings by agency and by fund, and must estimate when these
68.12savings can be realized.
68.13 Sec. 89. TRANSFER OF ASSETS, EMPLOYEES, EQUIPMENT, AND
68.14SUPPLIES.
68.15The existing funds, assets, employees, equipment, and supplies of the Land
68.16Management Information Center are transferred to the Minnesota Geospatial Information
68.17Office according to Minnesota Statutes, section 15.039.
68.18EFFECTIVE DATE.This section is effective July 1, 2009.
68.19 Sec. 90. INFORMATION TECHNOLOGY STUDY.
68.20 The chief information officer of the Office of Enterprise Technology, in consultation
68.21with heads of other executive agencies, must report to the legislature by January 15, 2010,
68.22on a plan to transfer from other state agencies to the Office of Enterprise Technology state
68.23employees whose work primarily relates to development, upgrading, replacement, problem
68.24resolution, or maintenance of state data centers, system software, data networks, and office
68.25systems. The report must include an estimate of the number of employees who would be
68.26transferred, an estimate of enterprise costs savings, an analysis of potential improvements
68.27in operations, and a proposed transition plan and schedule. This section does not apply to
68.28the Minnesota State Colleges and Universities or to employees of constitutional offices.
68.29 Sec. 91. REVISOR'S INSTRUCTION.
68.30In the next edition of Minnesota Statutes and Minnesota Rules, the revisor of
68.31statutes shall substitute the term "Land Management Information Center" with the term
69.1"Minnesota Geospatial Information Office," wherever they appear in Minnesota Statutes
69.2and Minnesota Rules.
69.3EFFECTIVE DATE.This section is effective July 1, 2009.
69.4 Sec. 92. REVISOR'S INSTRUCTION.
69.5 In the next and subsequent edition of Minnesota Statutes, the revisor of statutes must
69.6delete the word "Tennessen" from the headnote of Minnesota Statutes, section 13.04,
69.7subdivision 2; must delete the word "Lessard" from Minnesota Statutes, section 97A.056,
69.8and other places in Minnesota Statutes where this word appears; and must delete the words
69.9"Douglas J. Johnson" from Minnesota Statutes, sections 298.291 to 298.298.
69.10 Sec. 93. REPEALER.
69.11(a) Minnesota Statutes 2008, sections 16C.046; and 645.44, subdivision 19, are
69.12repealed.
69.13(b) Minnesota Statutes 2008, section 4A.05, is repealed.
69.14(c) Minnesota Statutes 2008, section 116G.151, is repealed.
69.15(d) Minnesota Statutes 2008, section 240A.08, is repealed.
69.18 Section 1. [5.001] DEFINITIONS.
69.19 Subdivision 1. Applicability. As used in this chapter, the terms defined in this
69.20section have the meanings given them.
69.21 Subd. 2. Business entity. "Business entity" means an organization that is formed
69.22under chapters 300, 301, 302A, 303, 308, 308A, 308B, 315, 317, 317A, 318, 319, 319A,
69.23321, 322A, 322B, 323, or 323A and that has filed documents with the secretary of state.
69.24 Subd. 3. Business entity filings. "Business entity filings" means any filing from a
69.25business entity and also includes filings made under chapter 333.
69.26 Subd. 4. Bulk data. "Bulk data" means data that has commercial value and is a
69.27substantial or discrete portion of or an entire formula, pattern, compilation, program,
69.28device, method, technique, process, database, or system.
69.29 Sec. 2. [5.002] E-MAIL ADDRESSES.
69.30The secretary of state is authorized to provide a field on each of the forms and on
69.31each online entry screen, used to file business entity filings, Uniform Commercial Code
70.1records, and central notification system filings, for the collection of an e-mail address to
70.2which the secretary of state can forward official notices required by law and other notices
70.3to the business entity, assumed name, or the person filing the uniform commercial code or
70.4central notification system record. The e-mail address may be updated by or on behalf of
70.5the business entity by sending a notification of the change to the secretary of state. No
70.6fee shall be charged for an e-mail address update. If requested by the business entity,
70.7the e-mail address provided to the secretary of state pursuant to this section must not
70.8be provided as bulk data.
70.9EFFECTIVE DATE.This section is effective 30 days after the secretary of state
70.10certifies that the information systems of the Office of the Secretary of State have been
70.11modified to implement this section.
70.12 Sec. 3. Minnesota Statutes 2008, section 5.12, subdivision 1, is amended to read:
70.13 Subdivision 1. Fees. The secretary of state shall charge a fee of $5 for each
70.14certificate or certification of a copy or electronically transmitted image of any document
70.15filed in the Office of the Secretary of State. The secretary of state shall charge a fee of
70.16$3 for a copy or electronically transmitted image of an original
70.17
70.18secretary of state shall charge a fee of $3 for a copy of
70.19
70.20filing. The secretary of state shall charge a fee of
70.21any other
70.22state. At the time of filing, the secretary of state may provide at the public counter, without
70.23charge, a copy of a filing, ten or fewer pages in length, to the person making the filing.
70.24EFFECTIVE DATE.This section is effective 30 days after the secretary of state
70.25certifies that the information systems of the Office of the Secretary of State have been
70.26modified to implement this section.
70.27 Sec. 4. Minnesota Statutes 2008, section 5.29, is amended to read:
70.285.29
70.29
70.30
70.31changes its name or office address
70.32
70.33
71.1
71.2
71.3transaction, and a separate filing fee charged.
71.4(b) When a secured party wishes to file an amendment to a financing statement
71.5making a change in secured party or debtor name and address information, each
71.6amendment must be filed online as a separate transaction and a separate filing fee charged.
71.7EFFECTIVE DATE.This section is effective 30 days after the secretary of state
71.8certifies that the information systems of the Office of the Secretary of State have been
71.9modified to implement this section.
71.10 Sec. 5. Minnesota Statutes 2008, section 5.32, is amended to read:
71.115.32 TEMPORARY TECHNOLOGY SURCHARGE.
71.12 Subdivision 1. Surcharge. For fiscal years 2008
71.13following technology surcharges are imposed on the filing fees required under the
71.14following statutes:
71.15 (1) $25 for articles of incorporation filed under section
71.16 (2) $25 for articles of organization filed under section
71.17 (3) $25 for applications for certificates of authority to transact business in Minnesota
71.18filed under section
71.19 (4) $20 for annual reports filed by non-Minnesota corporations under section
71.21 (5) $50 for reinstatements to authority to transact business in Minnesota filed under
71.22section
71.23 Subd. 2. Deposit. The surcharges listed in subdivision 1 shall be deposited into the
71.24uniform commercial code account.
71.25 Subd. 3. Expiration. This section expires June 30,
71.26EFFECTIVE DATE.The amendments to this section are effective the day
71.27following final enactment.
71.28 Sec. 6. [5.34] ANNUAL RENEWAL FILINGS.
71.29Any business registered with the secretary of state required to file an annual renewal
71.30in order to maintain its active status, good standing, or existence under Minnesota Statutes
71.31shall file that renewal, whether online or otherwise, in a format that states:
71.32(1) the name in Minnesota of the organization for which the renewal is filed;
72.1(2) the name of the organization in the jurisdiction in which it is organized, if
72.2different;
72.3(3) the address of the registered office or designated office and the name of the
72.4registered agent of the organization for service of process, if any;
72.5(4) the jurisdiction in which the organization is organized, if that jurisdiction is
72.6not Minnesota;
72.7(5) the name and business address of the officer or other person exercising the
72.8principal functions of the president of a nonprofit corporation, manager of a limited
72.9liability company, or chief executive officer of a corporation or cooperative;
72.10(6) the address of the principal executive office of a domestic business corporation
72.11or of a limited liability company or the principal place of business of a cooperative, if
72.12different from the registered office address;
72.13(7) the address of the designated office and the name, street, and mailing address of
72.14the agent for service of process in Minnesota of a limited partnership or foreign limited
72.15partnership;
72.16(8) the street and mailing address of the principal office of a limited partnership;
72.17(9) the street and mailing address of the chief executive office of a partnership and, if
72.18different, the street address of an office of a partnership in Minnesota, if any;
72.19(10) the name, street, mailing address, and telephone number of an individual
72.20who may be contacted for purposes other than services of process on behalf of a
72.21limited partnership or a limited liability partnership, if the agent for the limited liability
72.22partnership, limited partnership, or foreign limited partnership is not an individual; and
72.23(11) the e-mail address of the organization to which notices from the secretary of
72.24state will be directed, if the organization has an e-mail address.
72.25 Sec. 7. Minnesota Statutes 2008, section 5A.06, is amended to read:
72.265A.06 COMPLAINTS.
72.27The secretary of state may, upon receipt of a complaint regarding an international
72.28student exchange organization, report the matter to the organization involved,
72.29
72.30States Department of State, or the Council on Standards for International Educational
72.31Travel, as the secretary of state considers appropriate. The secretary may also investigate
72.32complaints received to determine if the issue raised is limited to one high school or if there
72.33are more systemic problems with placements made by a particular organization. An
72.34organization's registration automatically terminates if the organization fails to remain in
72.35compliance with local, state, and federal statutes and regulations.
73.1 Sec. 8. Minnesota Statutes 2008, section 270C.63, subdivision 13, is amended to read:
73.2 Subd. 13. Lien search fees. Upon request of any person, the filing officer shall issue
73.3a certificate showing whether there is recorded in that filing office, on the date and hour
73.4stated in the certificate, any notice of lien or certificate or notice affecting any lien filed on
73.5or after ten years before the date of the search certificate, naming a particular person, and
73.6giving the date and hour of filing of each notice or certificate naming the person. The fee
73.7for a certificate shall be as provided by section
73.8(3). Upon request, the filing officer shall furnish a copy of any notice of state lien, or
73.9notice or certificate affecting a state lien, for a fee of
73.10the effective date of section 5.12, subdivision 1, that section shall govern the fee charged
73.11by the secretary of state for a copy or electronically transmitted image.
73.12 Sec. 9. Minnesota Statutes 2008, section 302A.821, is amended to read:
73.13302A.821 MINNESOTA CORPORATE
73.14 Subdivision 1. Annual
73.15send annually to each corporation
73.16using the information provided by the corporation pursuant to section 5.002 or 5.34 or
73.17the articles of incorporation, a notice announcing the need to file the annual
73.18renewal and informing the corporation that the annual
73.19online and that paper filings may also be made, and informing the corporation that failing
73.20to file the annual
73.21corporation.
73.22(b) Each calendar year beginning in the calendar year following the calendar year
73.23in which a corporation incorporates, the corporation must file with the secretary of state
73.24by December 31 of each calendar year a
73.25listed in subdivision 2.
73.26 Subd. 2. Information required; manner of filing. The
73.27filing must be made pursuant to section 5.34.
73.28
73.29
73.30
73.31
73.32
73.33
73.34
74.1
74.2
74.3 Subd. 4. Penalty; reinstatement. (a) A corporation that has failed to file a
74.4
74.55.34 must be dissolved by the secretary of state as described in paragraph (b).
74.6 (b) If the corporation has not filed the
74.7the secretary of state must issue a certificate of administrative dissolution and the certificate
74.8must be filed in the Office of the Secretary of State. The secretary of state must make
74.9available in an electronic format the names of the dissolved corporations. A corporation
74.10dissolved in this manner is not entitled to the benefits of section
74.11any, of the shareholders of a corporation dissolved in this manner shall be determined and
74.12limited in accordance with section
74.13liability to any director of the corporation under section
74.14 (c) After administrative dissolution, filing a
74.15section 5.34 and the $25 fee with the secretary of state:
74.16 (1) returns the corporation to good standing as of the date of the dissolution;
74.17 (2) validates contracts or other acts within the authority of the articles, and the
74.18corporation is liable for those contracts or acts; and
74.19 (3) restores to the corporation all assets and rights of the corporation to the extent
74.20they were held by the corporation before the dissolution occurred, except to the extent that
74.21assets or rights were affected by acts occurring after the dissolution or sold or otherwise
74.22distributed after that time.
74.23 Sec. 10. Minnesota Statutes 2008, section 303.14, is amended to read:
74.24303.14 ANNUAL
74.25 Subdivision 1.
74.26year beginning in the calendar year following the calendar year in which a corporation
74.27receives a certificate of authority to do business in Minnesota, the secretary of state
74.28
74.29
74.30
74.31pursuant to section 5.002 or 5.34 or the application for certificate of authority, a notice
74.32announcing the need to file the annual renewal and informing the corporation that the
74.33annual renewal may be filed online and that paper filings may also be made, and informing
74.34the corporation that failing to file the annual renewal will result in an administrative
74.35dissolution or revocation of certificate of authority to do business in Minnesota.
75.1
75.2
75.3
75.4The corporation will submit a $115 fee with the annual
75.5set forth on the form
75.6
75.7
75.8
75.9
75.10
75.11
75.12
75.13 Sec. 11. Minnesota Statutes 2008, section 303.16, subdivision 4, is amended to read:
75.14 Subd. 4. Approval; filing. The application for withdrawal shall be delivered to
75.15the secretary of state. Upon receiving and examining the same, and upon finding that it
75.16conforms to the provisions of this chapter, the secretary of state shall, when all license
75.17fees, filing fees, and other charges other than the fee required by section 303.14 have been
75.18paid as required by law, file the same and shall issue and record a certificate of withdrawal.
75.19Upon the issuance of the certificate, the authority of the corporation to transact business
75.20in this state shall cease.
75.21 Sec. 12. Minnesota Statutes 2008, section 308A.995, is amended to read:
75.22308A.995
75.23 Subdivision 1.
75.24cooperative governed by this chapter must file
75.25with the secretary of state in each
75.26in which the cooperative was incorporated.
75.27
75.28
75.29
75.30
75.31using the information provided by the cooperative pursuant to section 5.002 or 5.34 or
75.32the articles of incorporation, a notice announcing the need to file the annual renewal and
75.33informing the cooperative that the annual renewal may be filed online and that paper
76.1filings may also be made, and informing the cooperative that failing to file the annual
76.2renewal will result in an administrative dissolution of the cooperative.
76.3
76.4
76.5
76.6 Subd. 2. Minnesota cooperative
76.7in which a
76.8state
76.9the items required by section 5.34.
76.10
76.11
76.12
76.13
76.14
76.15
76.16
76.17
76.18 Subd. 4. Penalty; dissolution. (a) A cooperative that has failed to file a
76.19renewal pursuant to the requirements of this section by December 31 of the calendar year
76.20for which the
76.21state as described in paragraph (b).
76.22 (b) If the cooperative has not filed the
76.23calendar year, the secretary of state must issue a certificate of involuntary dissolution, and
76.24the certificate must be filed in the Office of the Secretary of State. The secretary of state
76.25must make available in an electronic format the names of the dissolved cooperatives. A
76.26cooperative dissolved in this manner is not entitled to the benefits of section
76.27 Subd. 5. Reinstatement. A cooperative may retroactively reinstate its existence
76.28by filing a single annual
76.29
76.30(1) returns the cooperative to active status as of the date of the dissolution;
76.31(2) validates contracts or other acts within the authority of the articles, and the
76.32cooperative is liable for those contracts or acts; and
76.33(3) restores to the cooperative all assets and rights of the cooperative and its
76.34shareholders or members to the extent they were held by the cooperative and its
76.35shareholders or members before the dissolution occurred, except to the extent that
77.1assets or rights were affected by acts occurring after the dissolution or sold or otherwise
77.2distributed after that time.
77.3EFFECTIVE DATE.This section is effective 30 days after the secretary of state
77.4certifies that the information systems of the Office of the Secretary of State have been
77.5modified to implement this section.
77.6 Sec. 13. Minnesota Statutes 2008, section 308B.121, subdivision 1, is amended to read:
77.7 Subdivision 1.
77.8cooperative governed by this chapter
77.9
77.10of state
77.11calendar year after the calendar year in which the cooperative incorporated.
77.12The secretary of state
77.13
77.14
77.15
77.16
77.17information provided by the cooperative pursuant to section 5.002 or 5.34 or the articles of
77.18organization, a notice announcing the need to file the annual renewal and informing the
77.19cooperative that the annual renewal may be filed online and that paper filings may also
77.20be made, and informing the cooperative that failing to file the annual renewal will result
77.21in an administrative dissolution.
77.22
77.23
77.24
77.25
77.26
77.27
77.28EFFECTIVE DATE.This section is effective 30 days after the secretary of state
77.29certifies that the information systems of the Office of the Secretary of State have been
77.30modified to implement this section.
77.31 Sec. 14. Minnesota Statutes 2008, section 308B.121, subdivision 2, is amended to read:
77.32 Subd. 2.
77.33renewal is to be filed, a cooperative must file with the secretary of state
78.1December 31 of that calendar year a renewal containing
78.25.34.
78.3
78.4
78.5
78.6
78.7
78.8
78.9EFFECTIVE DATE.This section is effective 30 days after the secretary of state
78.10certifies that the information systems of the Office of the Secretary of State have been
78.11modified to implement this section.
78.12 Sec. 15. Minnesota Statutes 2008, section 317A.823, is amended to read:
78.13317A.823 ANNUAL CORPORATE
78.14 Subdivision 1. Annual
78.15send annually to each corporation
78.16information provided by the corporation pursuant to section 5.002 or 5.34 or the articles of
78.17incorporation, a
78.18and informing the corporation that the annual
78.19that paper filings may also be made, and informing the corporation that failing to file the
78.20annual
78.21 (b) Each calendar year beginning in the calendar year following the calendar year
78.22in which a corporation incorporates, a corporation must file with the secretary of state
78.23by December 31 of each calendar year a registration containing the information
78.24
78.25
78.26
78.27
78.28
78.29
78.30
78.31 Subd. 2. Penalty. (a) A corporation that has failed to file a
78.32pursuant to
78.33as described in paragraph (b).
79.1(b) If the corporation has not filed the delinquent
79.2of state must issue a certificate of involuntary dissolution, and the certificate must be filed
79.3in the Office of the Secretary of State. The secretary of state must also make available in
79.4an electronic format the names of the dissolved corporations. A corporation dissolved in
79.5this manner is not entitled to the benefits of section
79.6 Sec. 16. Minnesota Statutes 2008, section 321.0206, is amended to read:
79.7321.0206 DELIVERY TO AND FILING OF RECORDS BY SECRETARY OF
79.8STATE; EFFECTIVE TIME AND DATE.
79.9 (a) A record authorized or required to be delivered to the secretary of state for filing
79.10under this chapter must be captioned to describe the record's purpose, be in a medium
79.11permitted by the secretary of state, and be delivered to the secretary of state. Unless the
79.12secretary of state determines that a record does not comply with the filing requirements
79.13of this chapter, and if the appropriate filing fees have been paid, the secretary of state
79.14shall file the record and:
79.15 (1) for a statement of dissociation, send:
79.16 (A) a copy of the filed statement to the person which the statement indicates has
79.17dissociated as a general partner; and
79.18 (B) a copy of the filed statement to the limited partnership;
79.19 (2) for a statement of withdrawal, send:
79.20 (A) a copy of the filed statement to the person on whose behalf the record was
79.21filed; and
79.22 (B) if the statement refers to an existing limited partnership, a copy of the filed
79.23statement to the limited partnership; and
79.24 (3) for all other records, send a copy of the filed record to the person on whose
79.25behalf the record was filed.
79.26 (b) Upon request and payment of a fee, the secretary of state shall send to the
79.27requester a certified copy of the requested record.
79.28 (c) Except as otherwise provided in sections
79.29delivered to the secretary of state for filing under this chapter may specify an effective
79.30time and a delayed effective date. Except as otherwise provided in this chapter, a record
79.31filed by the secretary of state is effective:
79.32 (1) if the record does not specify an effective time and does not specify a delayed
79.33effective date, on the date and at the time the record is filed as evidenced by the secretary
79.34of state's endorsement of the date and time on the record;
80.1 (2) if the record specifies an effective time but not a delayed effective date, on the
80.2date the record is filed at the time specified in the record;
80.3 (3) if the record specifies a delayed effective date but not an effective time, at 12:01
80.4a.m. on the earlier of:
80.5 (A) the specified date; or
80.6 (B) the 30th day after the record is filed; or
80.7 (4) if the record specifies an effective time and a delayed effective date, at the
80.8specified time on the earlier of:
80.9 (A) the specified date; or
80.10 (B) the 30th day after the record is filed.
80.11 (d) The appropriate fees for filings under this chapter are:
80.12 (1) for filing a certificate of limited partnership, $100;
80.13 (2) for filing an amended certificate of limited partnership, $50;
80.14(3) for filing a name reservation for a limited partnership name, $35;
80.15
80.16section
80.17for filing, $
80.18
80.19as a foreign limited partnership, $
80.20
80.21
80.22
80.23section
80.24for filing on a foreign limited partnership authorized to transact business in Minnesota,
80.25$50.
80.26 Sec. 17. Minnesota Statutes 2008, section 321.0210, is amended to read:
80.27321.0210 ANNUAL
80.28 (a) Subject to subsection (b):
80.29 (1) in each calendar year following the calendar year in which a limited partnership
80.30becomes subject to this chapter, the limited partnership must deliver to the secretary of
80.31state for filing an annual
80.32subsection (c); and
80.33 (2) in each calendar year following the calendar year in which there is first on file
80.34with the secretary of state a certificate of authority under section
80.35foreign limited partnership, the foreign limited partnership must deliver to the secretary
81.1of state for filing an annual
81.2subsection (c).
81.3 (b) A limited partnership's obligation under subsection (a) ends if the limited
81.4partnership delivers to the secretary of state for filing a statement of termination under
81.5section
81.6limited partnership's obligation under subsection (a) ends if the secretary of state issues
81.7and files a certificate of revocation under section
81.8partnership delivers to the secretary of state for filing a notice of cancellation under
81.9section
81.10limited partnership's obligations under subsection (a) end and later the secretary of state
81.11files, pursuant to section
81.12limited partnership, subsection (a)(2), again applies to the foreign limited partnership and,
81.13for the purposes of subsection (a)(2), the calendar year of the new filing is treated as the
81.14calendar year in which a certificate of authority is first on file with the secretary of state.
81.15 (c) The annual
81.16
81.17
81.18
81.19
81.20
81.21
81.22
81.23
81.24
81.25
81.26 (d) The secretary of state shall:
81.27 (1) administratively dissolve under section
81.28failed to file a
81.29 (2) revoke under section
81.30partnership that has failed to file a
81.31 Sec. 18. Minnesota Statutes 2008, section 321.0810, is amended to read:
81.32321.0810 REINSTATEMENT FOLLOWING ADMINISTRATIVE
81.33DISSOLUTION.
81.34(a) A limited partnership that has been administratively dissolved or a foreign
81.35limited partnership that has had its certificate of authority revoked may
82.1
82.2
82.3the secretary of state for filing
82.4
82.5
82.6
82.7
82.8
82.9
82.10(b) If the secretary of state determines that
82.11the information required by subsection (a) and that the information is correct and
82.12
82.13the
82.14reinstate the limited partnership or foreign limited partnership.
82.15(c) When reinstatement becomes effective, it relates back to and takes effect as of the
82.16effective date of the administrative dissolution or revocation and the limited partnership
82.17may resume its activities as if the administrative dissolution or revocation had never
82.18occurred, except that for the purposes of section 321.0103(c) and (d) the reinstatement
82.19is effective only as of the date the reinstatement is filed.
82.20 Sec. 19. Minnesota Statutes 2008, section 322B.960, is amended to read:
82.21322B.960 ANNUAL
82.22 Subdivision 1. Annual
82.23
82.24
82.25pursuant to section 5.002 or 5.34 or the articles of organization, a notice announcing the
82.26need to file the annual
82.27that the annual
82.28made, and informing the limited liability company that failing to file the annual
82.29renewal will result in an administrative termination of the limited liability company or the
82.30revocation of the authority of the limited liability company to do business in Minnesota.
82.31(b) Each calendar year beginning in the calendar year following the calendar year in
82.32which a limited liability company files articles of organization, a limited liability company
82.33must file with the secretary of state by December 31 of each calendar year a
82.34renewal containing the
82.35
83.1
83.2
83.3
83.4
83.5
83.6
83.7
83.8
83.9
83.10 Subd. 4. Penalty. (a) A domestic limited liability company that has not filed
83.11a
83.12administratively terminated. The secretary of state shall issue a certificate of administrative
83.13termination which must be filed in the office of the secretary of state. The secretary of
83.14state must also make available in an electronic format the names of the terminated limited
83.15liability companies.
83.16(b) A non-Minnesota limited liability company that has not filed a
83.17renewal pursuant to
83.18to do business in Minnesota revoked. The secretary of state must issue a certificate of
83.19revocation which must be filed in the Office of the Secretary of State. The secretary
83.20of state must also make available in an electronic format the names of the revoked
83.21non-Minnesota limited liability companies.
83.22 Subd. 5. Reinstatement. If a limited liability company is administratively
83.23terminated or has its authority to do business in Minnesota revoked, it may retroactively
83.24reinstate its existence or authority to do business by filing a single annual
83.25renewal and paying a $25 fee.
83.26(a) For a domestic limited liability company, filing the annual
83.27with the secretary of state:
83.28(1) returns the limited liability company to active status as of the date of the
83.29administrative termination;
83.30(2) validates contracts or other acts within the authority of the articles, and the
83.31limited liability company is liable for those contracts or acts; and
83.32(3) restores to the limited liability company all assets and rights of the limited
83.33liability company and its members to the extent they were held by the limited liability
83.34company and its members before the administrative termination occurred, except to the
83.35extent that assets or rights were affected by acts occurring after the termination, sold, or
83.36otherwise distributed after that time.
84.1(b) For a non-Minnesota limited liability company, filing the annual
84.2renewal restores the limited liability company's ability to do business in Minnesota and
84.3the rights and privileges which accompany that authority.
84.4 Sec. 20. Minnesota Statutes 2008, section 323A.1003, is amended to read:
84.5323A.1003 ANNUAL
84.6 (a) Each calendar year beginning in the calendar year following the calendar year
84.7in which a partnership files a statement of qualification or in which a foreign partnership
84.8becomes authorized to transact business in this state, the secretary of state
84.9
84.10
84.11
84.12
84.13
84.14partnership or foreign partnership, using the information provided by the limited liability
84.15partnership pursuant to section 5.002 or 5.34 or the limited liability partnership statement
84.16of qualification, a notice. The
84.17need to file the annual renewal and will inform the partnership or foreign partnership that
84.18the annual renewal may be filed online and that paper filings may also be made and that
84.19
84.20in the revocation of the statement of qualification of this limited liability partnership.
84.21
84.22
84.23 (b) A limited liability partnership, and a foreign limited liability partnership
84.24authorized to transact business in this state, shall file an annual
84.25office of the secretary of state which contains
84.26
84.27
84.28
84.29
84.30
84.31
84.32
84.33
84.34
84.35
85.1 (c) An annual
85.2in the year following the calendar year in which a partnership files a statement of
85.3qualification or a foreign partnership becomes authorized to transact business in this state.
85.4 (d) The secretary of state must revoke the statement of qualification of a partnership
85.5that fails to file an annual
85.6secretary of state must issue a certificate of revocation which must be filed in the office
85.7of the secretary of state. The secretary of state must also make available in an electronic
85.8format the names of the revoked limited liability companies.
85.9 (e) A revocation under subsection (d) only affects a partnership's status as a limited
85.10liability partnership and is not an event of dissolution of the partnership.
85.11 (f) A partnership whose statement of qualification has been revoked may apply
85.12to the secretary of state for reinstatement
85.13
85.14reinstatement and pay a reinstatement fee of
85.15 (g) A reinstatement under subsection (f) relates back to and takes effect as of
85.16the effective date of the revocation, and the partnership's status as a limited liability
85.17partnership continues as if the revocation had never occurred.
85.18 Sec. 21. Minnesota Statutes 2008, section 333.055, is amended to read:
85.19333.055 TERM OF CERTIFICATE.
85.20 Subdivision 1. Application and renewal. Filing of a certificate hereunder shall be
85.21effective
85.22
85.23
85.24annual renewal for the certificate
85.25
85.26
85.27filing was filed. The certificate expires in the calendar year following a calendar year in
85.28which the annual renewal was not filed. Notice of the annual renewal requirement must be
85.29provided to the person or entity submitting the certificate at the time of the original filing.
85.30
85.31
85.32
85.33Assumed name certificates on file with the secretary of state upon the effective
85.34date of this section are exempt from the renewal requirements of this section until the
85.35expiration of the original ten-year term.
86.1 Subd. 2.
86.2
86.3
86.4
86.5
86.6
86.7
86.8to file the annual renewal may be reinstated by filing the annual renewal with the $25
86.9reinstatement fee.
86.10 Subd. 2a. Annual renewal; contents. The annual renewal filed under subdivision 1
86.11must include the assumed name and the address of the principal place of business.
86.12 Subd. 3. Fees. The secretary of state shall charge and collect
86.13each filing submitted with respect to an assumed name except for the annual renewal,
86.14for which no fee will be charged.
86.15
86.16
86.17 Subd. 4. Secretary of state duties. The secretary of state shall accept for filing all
86.18certificates and renewals thereof which comply with the provisions of sections
86.20the assumed name disclosed therein may not be distinguishable from one or more other
86.21assumed names already filed with the secretary of state. The secretary of state shall not
86.22accept for filing a certificate that discloses an assumed name that is not distinguishable
86.23from a corporate, limited liability company, limited liability partnership, cooperative, or
86.24limited partnership name in use or reserved in this state by another or a trade or service
86.25mark registered with the secretary of state, unless there is filed with the certificate a written
86.26consent, court decree of prior right, or affidavit of nonuser of the kind required by section
86.28is distinguishable from another name for purposes of this subdivision.
86.29EFFECTIVE DATE; APPLICATION.The amendments to this section are
86.30effective 30 days after the secretary of state certifies that the information systems of the
86.31Office of the Secretary of State have been modified to implement this section, and the
86.32amendments to this section apply to all existing and new assumed name certificates on
86.33and after that date.
86.34 Sec. 22. Minnesota Statutes 2008, section 336A.04, subdivision 3, is amended to read:
87.1 Subd. 3. Fees. The fee for filing and indexing a standard form or format for a lien
87.2notice, effective financing statement, or continuation statement, and stamping the date and
87.3place of filing on a copy of the filed document furnished by the filing party is
87.4
87.5(1) $20 for each effective financing statement and $15 for each lien notice or other
87.6filing made through the Web interface of the Office of the Secretary of State;
87.7(2) $25 for each effective financing statement and $20 for each lien notice or other
87.8filing submitted in any other manner
87.9(3) no fee will be charged for filing a termination statement.
87.10Filing fees collected by a satellite office must be deposited in the general fund of the
87.11county in which the satellite office is located.
87.12 Sec. 23. Minnesota Statutes 2008, section 336A.09, subdivision 2, is amended to read:
87.13 Subd. 2. Searches; fees. (a) If a person makes a request, the filing officer shall
87.14conduct a search of the computerized filing system for effective financing statements or
87.15lien notices and statements of continuation of a particular debtor. The filing officer shall
87.16produce a report including the date, time, and results of the search by issuing:
87.17(1) a listing of the file number, date, and hour of each effective financing statement
87.18found in the search and the names and addresses of each secured party on the effective
87.19financing statements or of each lien notice found in the search and the names and address
87.20of each lienholder on the lien notice; or
87.21(2) upon request, both the report and photocopies of the effective financing
87.22statements or lien notices.
87.23(b) The uniform fee for conducting a search and for preparing a report is $20 per
87.24debtor name.
87.25
87.26photocopies of effective financing statements, lien notices, continuation statements, or
87.27termination statements.
87.28(c) Search fees collected by a satellite office must be deposited in the general fund of
87.29the county where the satellite office is located.
87.30 Sec. 24. Minnesota Statutes 2008, section 359.01, subdivision 3, is amended to read:
87.31 Subd. 3. Fees. (a) When making application for a commission the applicant must
87.32submit, along with the information required by the secretary of state, a nonrefundable
87.33fee of $40.
88.1(b) All fees shall be retained by the secretary of state and are nonreturnable, except
88.2