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SF 2082

2nd Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 11:34pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to government operations; modifying provisions for general legislative
and administrative expenses of state government; regulating state and local
government operations; establishing a statewide electronic licensing system;
requiring reports; appropriating money; amending Minnesota Statutes 2008,
sections 5.12, subdivision 1; 5.29; 5.32; 5A.03; 10A.31, subdivision 4; 16A.133,
subdivision 1; 16B.24, subdivision 5; 43A.49; 45.24; 270C.63, subdivision 13;
302A.821; 303.14; 303.16, subdivision 4; 308A.995; 308B.121, subdivisions 1,
2; 317A.823; 321.0206; 321.0210; 321.0810; 322B.960; 323A.1003; 333.055;
336A.04, subdivision 3; 336A.09, subdivision 2; 359.01, subdivision 3; 469.175,
subdivisions 1, 6; proposing coding for new law in Minnesota Statutes, chapters
5; 16E; repealing Minnesota Statutes 2008, section 240A.08.

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

ARTICLE 1

STATE GOVERNMENT APPROPRIATIONS

Section 1. new text beginSUMMARY OF APPROPRIATIONS.
new text end

new text begin The amounts shown in this section summarize direct appropriations, by fund, made
in this article.
new text end

new text begin 2010
new text end
new text begin 2011
new text end
new text begin Total
new text end
new text begin General
new text end
new text begin $
new text end
new text begin 304,482,000
new text end
new text begin $
new text end
new text begin 302,990,000
new text end
new text begin $
new text end
new text begin 607,472,000
new text end
new text begin Health Care Access
new text end
new text begin 1,939,000
new text end
new text begin 1,927,000
new text end
new text begin 3,866,000
new text end
new text begin State Government Special
Revenue
new text end
new text begin 2,227,000
new text end
new text begin 2,227,000
new text end
new text begin 4,454,000
new text end
new text begin Environmental
new text end
new text begin 448,000
new text end
new text begin 448,000
new text end
new text begin 896,000
new text end
new text begin Remediation
new text end
new text begin 250,000
new text end
new text begin 250,000
new text end
new text begin 500,000
new text end
new text begin Special Revenue
new text end
new text begin 3,839,000
new text end
new text begin 3,839,000
new text end
new text begin 7,678,000
new text end
new text begin Highway User Tax
Distribution
new text end
new text begin 2,183,000
new text end
new text begin 2,183,000
new text end
new text begin 4,366,000
new text end
new text begin Workers' Compensation
new text end
new text begin 7,350,000
new text end
new text begin 7,350,000
new text end
new text begin 14,700,000
new text end
new text begin Total
new text end
new text begin $
new text end
new text begin 322,718,000
new text end
new text begin $
new text end
new text begin 321,214,000
new text end
new text begin $
new text end
new text begin 643,932,000
new text end

Sec. 2. new text beginSTATE GOVERNMENT APPROPRIATIONS.
new text end

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

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

Sec. 3. new text beginLEGISLATURE
new text end

new text begin $
new text end
new text begin 66,391,000
new text end
new text begin $
new text end
new text begin 66,532,000
new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation
new text end

new text begin $
new text end
new text begin 66,391,000
new text end
new text begin $
new text end
new text begin 66,532,000
new text end
new text begin Appropriations by Fund
new text end
new text begin 2010
new text end
new text begin 2011
new text end
new text begin General
new text end
new text begin 66,213,000
new text end
new text begin 66,354,000
new text end
new text begin Health Care Access
new text end
new text begin 178,000
new text end
new text begin 178,000
new text end

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

new text begin Subd. 2. new text end

new text begin Senate
new text end

new text begin 21,810,000
new text end
new text begin 21,810,000
new text end

new text begin Subd. 3. new text end

new text begin House of Representatives
new text end

new text begin 29,323,000
new text end
new text begin 29,323,000
new text end

new text begin Subd. 4. new text end

new text begin Legislative Coordinating Commission
new text end

new text begin 15,258,000
new text end
new text begin 15,399,000
new text end
new text begin Appropriations by Fund
new text end
new text begin General
new text end
new text begin 15,080,000
new text end
new text begin 15,221,000
new text end
new text begin Health Care Access
new text end
new text begin 178,000
new text end
new text begin 178,000
new text end

new text begin (a) $5,540,000 the first year and $5,540,000
the second year are for the Office of the
Revisor of Statutes.
new text end

new text begin (b) $1,351,000 the first year and $1,351,000
the second year are for the Legislative
Reference Library.
new text end

new text begin (c) $5,712,000 the first year and $5,712,000
the second year are for the Office of the
Legislative Auditor.
new text end

new text begin (d) $141,000 the second year is for the
expenses of the redistricting commission
established in 2009 S.F. No. 182, if enacted.
This appropriation is available until June 30,
2011. The appropriation base is $47,000 for
fiscal year 2012 and zero for fiscal year 2013.
new text end

Sec. 4. new text beginGOVERNOR AND LIEUTENANT
GOVERNOR
new text end

new text begin $
new text end
new text begin 4,240,000
new text end
new text begin $
new text end
new text begin 4,240,000
new text end

new text begin (a) This appropriation is to fund the Office
of the Governor and Lieutenant Governor.
$19,000 the first year and $19,000 the
second year are for necessary expenses in
the normal performance of the governor's
and lieutenant governor's duties for which no
other reimbursement is provided.
new text end

new text begin (b) By September 1 of each year, the
commissioner of finance shall report to the
chairs of the senate State Government Budget
Division and the house of representatives
State Government Finance Division any
personnel costs incurred by the Office of
the Governor and Lieutenant Governor that
were supported by appropriations to other
agencies during the previous fiscal year.
The Office of the Governor shall inform the
chairs of the divisions before initiating any
interagency agreements.
new text end

new text begin (c) $724,000 each year of this appropriation
represents personnel costs incurred by the
Office of the Governor and Lieutenant
Governor that were budgeted by the
Governor to be supported by appropriations
to other agencies during fiscal years 2010
and 2011. The commissioner of finance must
subtract these amounts from appropriations
to those agencies in laws enacted by
the 86th session of the Legislature. The
agencies affected are the Departments of
Administration, Agriculture, Commerce,
Corrections, Education, Employment and
Economic Development, Finance, Health,
Human Services, Labor and Industry,
Military Affairs, Natural Resources, Public
Safety, Revenue, Transportation, and
Veterans Affairs, the Housing Finance and
Pollution Control Agencies, the Offices of
Higher Education and Enterprise Technology,
and the Metropolitan Council.
new text end

Sec. 5. new text beginSTATE AUDITOR
new text end

new text begin $
new text end
new text begin 9,470,000
new text end
new text begin $
new text end
new text begin 9,470,000
new text end

new text begin $364,000 the first year and $364,000 the
second year are for financial audits and other
oversight related to ensuring compliance
with the reporting, monitoring, and financial
control and transparency requirements of the
American Recovery and Reinvestment Act
of 2009. These are onetime appropriations
and are available until June 30, 2011.
new text end

new text begin $1,000,000 of the balance in the tax
increment financing enforcement account
established in Minnesota Statutes, section
469.177, subdivision 11, is canceled to the
general fund on July 1, 2009. This is a
onetime cancellation.
new text end

Sec. 6. new text beginATTORNEY GENERAL
new text end

new text begin $
new text end
new text begin 25,235,000
new text end
new text begin $
new text end
new text begin 25,235,000
new text end
new text begin Appropriations by Fund
new text end
new text begin 2010
new text end
new text begin 2011
new text end
new text begin General
new text end
new text begin 23,013,000
new text end
new text begin 23,013,000
new text end
new text begin State Government
Special Revenue
new text end
new text begin 1,827,000
new text end
new text begin 1,827,000
new text end
new text begin Environmental
new text end
new text begin 145,000
new text end
new text begin 145,000
new text end
new text begin Remediation
new text end
new text begin 250,000
new text end
new text begin 250,000
new text end

Sec. 7. new text beginSECRETARY OF STATE
new text end

new text begin $
new text end
new text begin 5,910,000
new text end
new text begin $
new text end
new text begin 5,909,000
new text end

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

Sec. 8. new text beginCAMPAIGN FINANCE AND PUBLIC
DISCLOSURE BOARD
new text end

new text begin $
new text end
new text begin 748,000
new text end
new text begin $
new text end
new text begin 1,768,000
new text end

new text begin $1,020,000 the second year is for transfer
to the general account of the state elections
campaign fund. This is a onetime
appropriation.
new text end

Sec. 9. new text beginINVESTMENT BOARD
new text end

new text begin $
new text end
new text begin 151,000
new text end
new text begin $
new text end
new text begin 151,000
new text end

Sec. 10. new text beginOFFICE OF ENTERPRISE
TECHNOLOGY
new text end

new text begin $
new text end
new text begin 3,626,000
new text end
new text begin $
new text end
new text begin 1,495,000
new text end

new text begin $2,131,000 the first year is for information
technology security. The chief information
officer, in consultation with the commissioner
of finance, shall develop and implement a
cost recovery plan to bill state agencies,
constitutional officers, and other state entities
for the cost of information technology
security. By February 15, 2010, the chief
information officer shall report the plan and
the rates charged to agencies to the chairs and
ranking minority members of the legislative
committee divisions with jurisdiction over
the budget for the office.
new text end

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

Sec. 11. new text beginADMINISTRATIVE HEARINGS
new text end

new text begin $
new text end
new text begin 7,590,000
new text end
new text begin $
new text end
new text begin 7,590,000
new text end
new text begin Appropriations by Fund
new text end
new text begin 2010
new text end
new text begin 2011
new text end
new text begin General
new text end
new text begin 340,000
new text end
new text begin 340,000
new text end
new text begin Workers'
Compensation
new text end
new text begin 7,250,000
new text end
new text begin 7,250,000
new text end

new text begin $65,000 each year is for performance of the
duties required under Minnesota Statutes,
section 211B.37. Amounts remaining
unspent at the end of the biennium must be
canceled to the general account of the state
elections campaign fund.
new text end

Sec. 12. new text beginADMINISTRATION
new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation
new text end

new text begin $
new text end
new text begin 17,937,000
new text end
new text begin $
new text end
new text begin 17,857,000
new text end

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

new text begin Subd. 2. new text end

new text begin Government and Citizen Services
new text end

new text begin 16,211,000
new text end
new text begin 16,131,000
new text end

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

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

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

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

new text begin (e) $7,888,000 the first year and $7,888,000
the second year are for office space costs of
the legislature and veterans organizations,
for ceremonial space, and for statutorily free
space.
new text end

new text begin (f) $2,161,000 of the balance in the facilities
repair and replacement account in the special
revenue fund is canceled to the general
fund on July 1, 2009. This is a onetime
cancellation.
new text end

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

new text begin Subd. 3. new text end

new text begin Administrative Management Support
new text end

new text begin 1,726,000
new text end
new text begin 1,726,000
new text end

new text begin $125,000 the first year and $125,000 the
second year is for the Office of Grants
Management. Except for grants (1) made
by the commissioners of health and human
services; or (2) that include federal stimulus
funding, the commissioner must deduct an
amount from appropriations for state grants
to nongovernmental entities in each fiscal
year that will yield $125,000 each year, but
may not exceed .5 percent of the amount
of the grant. The amount deducted from
appropriations for these grants is transferred
and appropriated to the commissioner for
the purposes of Minnesota Statutes, sections
16B.97 and 16B.98.
new text end

Sec. 13. new text beginCAPITOL AREA
ARCHITECTURAL AND PLANNING
BOARD
new text end

new text begin $
new text end
new text begin 354,000
new text end
new text begin $
new text end
new text begin 354,000
new text end

Sec. 14. new text beginFINANCE
new text end

new text begin $
new text end
new text begin 19,177,000
new text end
new text begin $
new text end
new text begin 19,177,000
new text end

Sec. 15. new text beginREVENUE
new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation
new text end

new text begin $
new text end
new text begin 125,289,000
new text end
new text begin $
new text end
new text begin 125,277,000
new text end
new text begin Appropriations by Fund
new text end
new text begin 2010
new text end
new text begin 2011
new text end
new text begin General
new text end
new text begin 121,042,000
new text end
new text begin 121,042,000
new text end
new text begin Health Care Access
new text end
new text begin 1,761,000
new text end
new text begin 1,749,000
new text end
new text begin Highway User Tax
Distribution
new text end
new text begin 2,183,000
new text end
new text begin 2,183,000
new text end
new text begin Environmental
new text end
new text begin 303,000
new text end
new text begin 303,000
new text end

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

new text begin Subd. 2. new text end

new text begin Tax System Management
new text end

new text begin 101,603,000
new text end
new text begin 101,591,000
new text end
new text begin Appropriations by Fund
new text end
new text begin General
new text end
new text begin 97,356,000
new text end
new text begin 97,356,000
new text end
new text begin Health Care Access
new text end
new text begin 1,761,000
new text end
new text begin 1,749,000
new text end
new text begin Highway User Tax
Distribution
new text end
new text begin 2,183,000
new text end
new text begin 2,183,000
new text end
new text begin Environmental
new text end
new text begin 303,000
new text end
new text begin 303,000
new text end

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

new text begin Subd. 3. new text end

new text begin Accounts Receivable Management
new text end

new text begin 23,686,000
new text end
new text begin 23,686,000
new text end

Sec. 16. new text beginGAMBLING CONTROL
new text end

new text begin $
new text end
new text begin 2,940,000
new text end
new text begin $
new text end
new text begin 2,940,000
new text end

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

Sec. 17. new text beginRACING COMMISSION
new text end

new text begin $
new text end
new text begin 899,000
new text end
new text begin $
new text end
new text begin 899,000
new text end

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

Sec. 18. new text beginSTATE LOTTERY
new text end

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

Sec. 19. new text beginTORT CLAIMS
new text end

new text begin $
new text end
new text begin 161,000
new text end
new text begin $
new text end
new text begin 161,000
new text end

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

Sec. 20. new text beginMINNESOTA STATE RETIREMENT
SYSTEM
new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation
new text end

new text begin $
new text end
new text begin 2,346,000
new text end
new text begin $
new text end
new text begin 2,405,000
new text end

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

new text begin Subd. 2. new text end

new text begin Legislators
new text end

new text begin 1,889,000
new text end
new text begin 1,937,000
new text end

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

new text begin Subd. 3. new text end

new text begin Constitutional Officers
new text end

new text begin 457,000
new text end
new text begin 468,000
new text end

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

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

Sec. 21. new text beginMINNEAPOLIS EMPLOYEES
RETIREMENT FUND
new text end

new text begin $
new text end
new text begin 9,000,000
new text end
new text begin $
new text end
new text begin 9,000,000
new text end

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

Sec. 22. new text beginTEACHERS RETIREMENT
ASSOCIATION
new text end

new text begin $
new text end
new text begin 15,454,000
new text end
new text begin $
new text end
new text begin 15,454,000
new text end

new text begin The amounts estimated to be needed are as
follows:
new text end

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

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

Sec. 23. new text beginST. PAUL TEACHERS
RETIREMENT FUND
new text end

new text begin $
new text end
new text begin 2,827,000
new text end
new text begin $
new text end
new text begin 2,827,000
new text end

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

Sec. 24. new text beginDULUTH TEACHERS
RETIREMENT FUND
new text end

new text begin $
new text end
new text begin 346,000
new text end
new text begin $
new text end
new text begin 346,000
new text end

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

Sec. 25. new text beginAMATEUR SPORTS COMMISSION
new text end

new text begin $
new text end
new text begin 270,000
new text end
new text begin $
new text end
new text begin 270,000
new text end

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

Sec. 26. new text beginCOUNCIL ON BLACK
MINNESOTANS
new text end

new text begin $
new text end
new text begin 316,000
new text end
new text begin $
new text end
new text begin 316,000
new text end

Sec. 27. new text beginCOUNCIL ON CHICANO/LATINO
AFFAIRS
new text end

new text begin $
new text end
new text begin 298,000
new text end
new text begin $
new text end
new text begin 298,000
new text end

Sec. 28. new text beginCOUNCIL ON ASIAN-PACIFIC
MINNESOTANS
new text end

new text begin $
new text end
new text begin 275,000
new text end
new text begin $
new text end
new text begin 275,000
new text end

Sec. 29. new text beginINDIAN AFFAIRS COUNCIL
new text end

new text begin $
new text end
new text begin 468,000
new text end
new text begin $
new text end
new text begin 468,000
new text end

Sec. 30. new text beginGENERAL CONTINGENT
ACCOUNTS
new text end

new text begin $
new text end
new text begin 1,000,000
new text end
new text begin $
new text end
new text begin 500,000
new text end
new text begin Appropriations by Fund
new text end
new text begin 2010
new text end
new text begin 2011
new text end
new text begin General
new text end
new text begin 500,000
new text end
new text begin -0-
new text end
new text begin State Government
Special Revenue
new text end
new text begin 400,000
new text end
new text begin 400,000
new text end
new text begin Workers'
Compensation
new text end
new text begin 100,000
new text end
new text begin 100,000
new text end

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

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

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

Sec. 31. new text beginPROHIBITIONS ON USE OF APPROPRIATIONS.
new text end

new text begin An appropriation in this article may not be used for out-of-state travel that is not
directly connected with and necessary to carry out the core functions of the agency or
constitutional office to which the appropriation was made.
new text end

ARTICLE 2

STATE GOVERNMENT OPERATIONS

Section 1.

new text begin [5.001] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

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

new text begin Subd. 2. new text end

new text begin Business entity. new text end

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

new text begin Subd. 3. new text end

new text begin Business entity filings. new text end

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

new text begin Subd. 4. new text end

new text begin Bulk data. new text end

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

Sec. 2.

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

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 3.

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


Subdivision 1.

Fees.

The secretary of state shall charge a fee of $5 for each
certificate or certification of a copy new text beginor electronically transmitted image new text endof any document
filed in the Office of the Secretary of State. The secretary of state shall charge a fee of
$3 for a copy new text beginor electronically transmitted image new text endof an original deleted text beginfiling of a corporation,
limited partnership, assumed name, or trade or service mark
deleted text endnew text begin business entity filingnew text end. The
secretary of state shall charge a fee of $3 for a copy new text beginor electronically transmitted imagenew text end of
deleted text begin any or alldeleted text endnew text begin eachnew text end subsequent deleted text beginfilings of a corporation, limited partnership, assumed name,
or trade or service mark
deleted text endnew text begin business entity filingnew text end. The secretary of state shall charge a fee
of deleted text begin$1 per page for copiesdeleted text endnew text begin $3 for a copy or electronically transmitted imagenew text end of new text beginany new text endother
deleted text begin nonuniform commercial code documentsdeleted text endnew text begin documentnew text end filed with the secretary of state. At the
time of filing, the secretary of state may provide at the public counter, without charge, a
copy of a filing, ten or fewer pages in length, to the person making the filing.

new text begin EFFECTIVE DATE. new text end

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

Sec. 4.

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


5.29 deleted text beginBULK AGENT NAME AND ADDRESS CHANGESdeleted text endnew text begin GLOBAL FILINGSnew text end.

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

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 5.

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


5.32 TEMPORARY TECHNOLOGY SURCHARGE.

Subdivision 1.

Surcharge.

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

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

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

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

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

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

Subd. 2.

Deposit.

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

Subd. 3.

Expiration.

This section expires June 30, deleted text begin2009deleted text endnew text begin 2011new text end.

new text begin EFFECTIVE DATE. new text end

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

Sec. 6.

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

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

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

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

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

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

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

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

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

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

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

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

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

Sec. 7.

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


5A.03 ORGANIZATION APPLICATION FOR REGISTRATION.

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

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

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

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

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

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

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

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

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

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

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

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

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

Sec. 8.

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


Subd. 4.

Appropriation.

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

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

deleted text begin Of this appropriation, $65,000 each fiscal year must be set aside to pay assessments
made by the Office of Administrative Hearings under section 211B.37. Amounts
remaining after all assessments have been paid must be canceled to the general account.
deleted text end

Sec. 9.

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


Subdivision 1.

Payroll direct deposit and deductions.

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

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

Sec. 10.

Minnesota Statutes 2008, section 16B.24, subdivision 5, is amended to read:


Subd. 5.

Renting out state property.

(a) Authority. The commissioner may rent
out state property, real or personal, that is not needed for public use, if the rental is not
otherwise provided for or prohibited by law. The property may not be rented out for
more than five years at a time without the approval of the State Executive Council and
may never be rented out for more than 25 years. A rental agreement may provide that
the state will reimburse a tenant for a portion of capital improvements that the tenant
makes to state real property if the state does not permit the tenant to renew the lease at
the end of the rental agreement.

(b) Restrictions. Paragraph (a) does not apply to state trust fund lands, other state
lands under the jurisdiction of the Department of Natural Resources, lands forfeited for
delinquent taxes, lands acquired under section 298.22, or lands acquired under section
41.56 which are under the jurisdiction of the Department of Agriculture.

(c) Rental of living accommodations. The commissioner shall establish rental rates
for all living accommodations provided by the state for its employees. Money collected as
rent by state agencies pursuant to this paragraph must be deposited in the state treasury
and credited to the general fund.

(d) Lease of space in certain state buildings to state agencies. The commissioner
may lease portions of the state-owned buildings under the custodial control of the
commissioner to state agencies and the court administrator on behalf of the judicial branch
of state government and charge rent on the basis of space occupied. Notwithstanding any
law to the contrary, all money collected as rent pursuant to the terms of this section shall
be deposited in the state treasury. Money collected as rentnew text begin:
new text end

new text begin (1) new text end to recover the bond interest costs of a building funded from the state bond
proceeds fund deleted text beginshall be credited to the general fund. Money collected as rentdeleted text endnew text begin;
new text end

new text begin (2) new text end to recover the depreciation costs of a building funded from the state bond
proceeds fundnew text begin; new text end and deleted text beginmoney collected as rentdeleted text end

new text begin (3) new text endto recover capital expenditures from capital asset preservation and replacement
appropriations and statewide building access appropriations shall be credited to deleted text begina
segregated asset preservation and replacement account in a special revenue fund. Fifty
percent of the money credited to the account each fiscal year must be transferred to
deleted text end the
general fund. deleted text beginThe remaining money in the account is appropriated to the commissioner to
be expended for asset preservation projects as determined by the commissioner.
deleted text end

Money collected as rent to recover the depreciation and interest costs of a building built
with other state dedicated funds shall be credited to the dedicated fund which funded the
original acquisition or construction. All other money received shall be credited to the
general services revolving fund.

(e) Lease of space in Andersen and Freeman buildings. The commissioner may
lease space in the Elmer L. Andersen and Orville L. Freeman buildings to state agencies
and charge rent on the basis of space occupied. Money collected as rent under this
paragraph to fund future building repairs must be credited to a segregated account for each
building in the special revenue fund and is appropriated to the commissioner to make
the repairs. When the state acquires title to each building, the account for that building
must be abolished and any balance remaining in the account must be transferred to the
appropriate asset preservation and replacement account created under paragraph (d).

Sec. 11.

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

new text begin Subdivision 1. new text end

new text begin Account established; appropriation. new text end

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

new text begin Subd. 2. new text end

new text begin Requirements. new text end

new text begin The transfer of an existing electronic licensing system
to the Minnesota electronic licensing system may not reduce the critical functionality
provided by the existing system.
new text end

new text begin Subd. 3. new text end

new text begin Temporary licensing surcharge. new text end

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

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

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

new text begin The surcharge applies to initial license applications and license renewals. Each agency
that issues a license subject to this subdivision shall collect the surcharge for the license
for up to six years between July 1, 2009, and June 30, 2015, as directed by the state
chief information officer. Receipts from the surcharge shall be deposited in the statewide
licensing account established in subdivision 1.
new text end

new text begin (b) An agency may transfer an amount equivalent to the surcharge imposed under
this section from existing license accounts in lieu of collecting the surcharge required
under this section. If a transfer is made under this paragraph, the temporary surcharge
required under paragraph (a) does not apply to the relevant license. Receipts from
transfers received under this paragraph shall be deposited in the statewide licensing
account established in subdivision 1.
new text end

new text begin Subd. 4. new text end

new text begin Contract authority. new text end

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

new text begin Subd. 5. new text end

new text begin Unused funds. new text end

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

new text begin Subd. 6. new text end

new text begin Priority. new text end

new text begin To the extent possible, in completing the Minnesota electronic
licensing system, the state chief information officer must give priority to licenses that are
not issued electronically. Licenses regulated by a health board under chapter 214 must not
be transferred to the Minnesota electronic licensing system before July 1, 2011.
new text end

new text begin Subd. 7. new text end

new text begin Exemption. new text end

new text begin The licenses included within the electronic licensing system
established under section 45.24 are not subject to the surcharge required under subdivision
2.
new text end

new text begin Subd. 8. new text end

new text begin Expiration. new text end

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

Sec. 12.

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


43A.49 VOLUNTARY UNPAID LEAVE OF ABSENCE.

(a) Appointing authorities in state government may allow each employee to take
unpaid leaves of absence for up to 1,040 hours between June 1, deleted text begin2007deleted text endnew text begin 2009new text end, and June 30,
deleted text begin 2009deleted text endnew text begin 2011new text end. The 1,040 hour limit replaces, and is not in addition to, limits set in prior laws.
Each appointing authority approving such a leave shall allow the employee to continue
accruing vacation and sick leave, be eligible for paid holidays and insurance benefits,
accrue seniority, and accrue service credit and credited salary in the state retirement plans
as if the employee had actually been employed during the time of leave. An employee
covered by the unclassified plan may voluntarily make the employee contributions to the
unclassified plan during the leave of absence. If the employee makes these contributions,
the appointing authority must make the employer contribution. If the leave of absence
is for one full pay period or longer, any holiday pay shall be included in the first payroll
warrant after return from the leave of absence. The appointing authority shall attempt
to grant requests for the unpaid leaves of absence consistent with the need to continue
efficient operation of the agency. However, each appointing authority shall retain
discretion to grant or refuse to grant requests for leaves of absence and to schedule and
cancel leaves, subject to the applicable provisions of collective bargaining agreements
and compensation plans.

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 13.

Minnesota Statutes 2008, section 45.24, is amended to read:


45.24 LICENSE TECHNOLOGY FEES.

(a) The commissioner may establish and maintain an electronic licensing database
system for license origination, renewal, and tracking the completion of continuing
education requirements by individual licensees who have continuing education
requirements, and other related purposes.

(b) The commissioner shall pay for the cost of operating and maintaining the
electronic database system described in paragraph (a) through a technology surcharge
imposed upon the fee for license origination and renewal, for individual licenses that
require continuing education.

(c) The surcharge permitted under paragraph (b) shall be up to $40 for each two-year
licensing period, except as otherwise provided in paragraph (f), and shall be payable at the
time of license origination and renewal.

(d) The Commerce Department technology account is hereby created as an account
in the special revenue fund.

(e) The commissioner shall deposit the surcharge permitted under this section in
the account created in paragraph (d), and funds in the account are appropriated to the
commissioner in the amounts needed for purposes of this section.new text begin After licenses subject to
this section are included in the statewide electronic licensing system, the commissioner
of finance shall transfer an amount determined by the commissioner of commerce from
the account to the statewide electronic licensing system account under section 16E.22
for the costs incurred by the statewide licensing system attributable to the inclusion of
licenses subject to this section.
new text end

(f) The commissioner shall temporarily reduce or suspend the surcharge as necessary
if the balance in the account created in paragraph (d) exceeds $2,000,000 as of the end of
any calendar year and shall increase or decrease the surcharge as necessary to keep the
fund balance at an adequate level but not in excess of $2,000,000.

Sec. 14.

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


Subd. 13.

Lien search fees.

Upon request of any person, the filing officer shall issue
a certificate showing whether there is recorded in that filing office, on the date and hour
stated in the certificate, any notice of lien or certificate or notice affecting any lien filed
on or after ten years before the date of the search certificate, naming a particular person,
and giving the date and hour of filing of each notice or certificate naming the person. The
fee for a certificate shall be as provided by section 336.9-525 or 357.18, subdivision 1,
clause (3). Upon request, the filing officer shall furnish a copy of any notice of state lien,
or notice or certificate affecting a state lien, for a fee of deleted text begin50 centsdeleted text endnew text begin $1new text end per pagenew text begin, except that
after July 1, 2009, section 5.12, subdivision 1, governs the fee charged by the secretary of
state for a copy or electronically transmitted image
new text end.

Sec. 15.

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


302A.821 MINNESOTA CORPORATE deleted text beginREGISTRATIONdeleted text endnew text begin RENEWALnew text end.

Subdivision 1.

Annual deleted text beginregistrationdeleted text endnew text begin renewalnew text end.

(a) The secretary of state deleted text beginmustdeleted text endnew text begin maynew text end
send annually to each corporation deleted text beginat the registered office of the corporation a postcarddeleted text endnew text begin,
using the information provided by the corporation pursuant to section 5.002 or 5.34 or
the articles of incorporation, a
new text end notice announcing the need to file the annual deleted text beginregistrationdeleted text end
new text begin renewal new text endand informing the corporation that the annual deleted text beginregistrationdeleted text end new text beginrenewal new text endmay be filed
online and that paper filings may also be made, and informing the corporation that failing
to file the annual deleted text beginregistrationdeleted text end new text beginrenewal new text endwill result in an administrative dissolution of the
corporation.

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

Subd. 2.

Information required; manner of filing.

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

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

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

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

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

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

deleted text begin Subd. 3. deleted text end

deleted text begin Information public. deleted text end

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

Subd. 4.

Penalty; reinstatement.

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

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

(c) After administrative dissolution, filing a deleted text beginregistrationdeleted text end new text beginrenewal complying with
section 5.34
new text endand the $25 fee with the secretary of state:

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

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

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

Sec. 16.

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


303.14 ANNUAL deleted text beginREPORTdeleted text endnew text begin RENEWALnew text end.

Subdivision 1.

deleted text beginFiled with secretary of state; contentsdeleted text endnew text begin Notice; filingnew text end.

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

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

The corporation will submit a $115 fee with the annual deleted text beginregistrationdeleted text endnew text begin renewalnew text end and will
set forth on the formdeleted text begin:deleted text endnew text begin the items required by section 5.34.
new text end

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

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

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

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

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

Sec. 17.

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


Subd. 4.

Approval; filing.

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

Sec. 18.

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


308A.995 deleted text beginPERIODIC REGISTRATIONdeleted text endnew text begin ANNUAL RENEWALnew text end.

Subdivision 1.

deleted text beginPeriodic registration in certain yearsdeleted text endnew text begin Annual renewalnew text end.

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

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

Subd. 2.

Minnesota cooperative deleted text beginregistrationdeleted text endnew text begin renewalnew text end form.

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

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

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

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

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

deleted text begin Subd. 3. deleted text end

deleted text begin Information public. deleted text end

deleted text begin The information required by subdivision 1 is public
data.
deleted text end

Subd. 4.

Penalty; dissolution.

(a) A cooperative that has failed to file a deleted text beginregistrationdeleted text endnew text begin
renewal
new text end pursuant to the requirements of this section by December 31 of the calendar year
for which the deleted text beginregistrationdeleted text endnew text begin renewalnew text end was required must be dissolved by the secretary of
state as described in paragraph (b).

(b) If the cooperative has not filed the deleted text beginregistrationdeleted text endnew text begin renewalnew text end by December 31 of that
calendar year, the secretary of state must issue a certificate of involuntary dissolution, and
the certificate must be filed in the Office of the Secretary of State. The secretary of state
must make available in an electronic format the names of the dissolved cooperatives. A
cooperative dissolved in this manner is not entitled to the benefits of section 308A.981.

Subd. 5.

Reinstatement.

A cooperative may retroactively reinstate its existence
by filing a single annual deleted text beginregistrationdeleted text endnew text begin renewalnew text end and paying a $25 fee. Filing the annual
deleted text begin registrationdeleted text endnew text begin renewalnew text end with the secretary of state:

(1) returns the cooperative to active status as of the date of the dissolution;

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

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 19.

Minnesota Statutes 2008, section 308B.121, subdivision 1, is amended to read:


Subdivision 1.

deleted text beginPeriodic registration in certain yearsdeleted text endnew text begin Annual renewalnew text end.

Each
cooperative governed by this chapter deleted text beginand each foreign cooperative registered under
section 308B.151
deleted text end must file deleted text begina periodic registrationdeleted text end new text beginan annual renewal new text endwith the secretary
of state deleted text beginwith the initial articles and any amendment of the articlesdeleted text end in each deleted text beginodd-numbereddeleted text endnew text begin
calendar
new text end yearnew text begin after the calendar year in which the cooperative incorporatednew text end. deleted text beginIn these years,deleted text end
The secretary of state deleted text beginmust mail by first class mail a registration form to the registered
office of each cooperative and registered foreign cooperative as shown in the records of
the secretary of state, or if no such address is in the records, to the location of the principal
place of business shown in the records of the secretary of state. For a cooperative, the
form must include the following notice:
deleted text endnew text begin may send annually to each cooperative, using the
information provided by the cooperative pursuant to section 5.002 or 5.34 or the articles of
organization, a notice announcing the need to file the annual renewal and informing the
cooperative that the annual renewal may be filed online and that paper filings may also
be made, and informing the cooperative that failing to file the annual renewal will result
in an administrative dissolution.
new text end

deleted text begin "NOTICE: Failure to file this form by December 31 of this year will result in the
dissolution of this cooperative without further notice from the secretary of state, under
Minnesota Statutes, section 308B.121, subdivision 4, paragraph (b)."
deleted text end

deleted text begin For a foreign cooperative, the form must contain the following notice:
deleted text end

deleted text begin "NOTICE: Failure to file this form by December 31 of this year will result in the
loss of good standing and the authority to do business in Minnesota."
deleted text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 20.

Minnesota Statutes 2008, section 308B.121, subdivision 2, is amended to read:


Subd. 2.

deleted text beginRegistrationdeleted text end new text beginRenewal new text endform.

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

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

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

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

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 21.

Minnesota Statutes 2008, section 317A.823, is amended to read:


317A.823 ANNUAL CORPORATE deleted text beginREGISTRATIONdeleted text endnew text begin RENEWALnew text end.

Subdivision 1.

Annual deleted text beginregistrationdeleted text endnew text begin renewalnew text end.

(a) The secretary of state deleted text beginmustdeleted text end new text beginmaynew text end
send annually to each corporation deleted text beginat the registered office of the corporationdeleted text endnew text begin, using the
information provided by the corporation pursuant to section 5.002 or 5.34 or the articles of
incorporation,
new text end a deleted text beginpostcarddeleted text end notice announcing the need to file the annual deleted text beginregistrationdeleted text end new text beginrenewal
new text endand informing the corporation that the annual deleted text beginregistrationdeleted text end new text beginrenewal new text endmay be filed online and
that paper filings may also be made, and informing the corporation that failing to file the
annual deleted text beginregistrationdeleted text end new text beginrenewal new text endwill result in an administrative dissolution of the corporation.

(b) Each calendar year beginning in the calendar year following the calendar year
in which a corporation incorporates, a corporation must file with the secretary of state
by December 31 of each calendar year a registration containing the information deleted text beginlisted
in paragraph (c)
deleted text endnew text begin required by section 5.34new text end.

deleted text begin (c) The registration must include:
deleted text end

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

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

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

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

Subd. 2.

Penalty.

(a) A corporation that has failed to file a deleted text beginregistrationdeleted text end new text beginrenewal
new text endpursuant to deleted text beginthe requirements ofdeleted text end subdivision 1 must be dissolved by the secretary of state
as described in paragraph (b).

(b) If the corporation has not filed the delinquent deleted text beginregistrationdeleted text endnew text begin renewalnew text end, the secretary
of state must issue a certificate of involuntary dissolution, and the certificate must be filed
in the Office of the Secretary of State. The secretary of state must also make available in
an electronic format the names of the dissolved corporations. A corporation dissolved in
this manner is not entitled to the benefits of section 317A.781.

Sec. 22.

Minnesota Statutes 2008, section 321.0206, is amended to read:


321.0206 DELIVERY TO AND FILING OF RECORDS BY SECRETARY OF
STATE; EFFECTIVE TIME AND DATE.

(a) A record authorized or required to be delivered to the secretary of state for filing
under this chapter must be captioned to describe the record's purpose, be in a medium
permitted by the secretary of state, and be delivered to the secretary of state. Unless the
secretary of state determines that a record does not comply with the filing requirements
of this chapter, and if the appropriate filing fees have been paid, the secretary of state
shall file the record and:

(1) for a statement of dissociation, send:

(A) a copy of the filed statement to the person which the statement indicates has
dissociated as a general partner; and

(B) a copy of the filed statement to the limited partnership;

(2) for a statement of withdrawal, send:

(A) a copy of the filed statement to the person on whose behalf the record was
filed; and

(B) if the statement refers to an existing limited partnership, a copy of the filed
statement to the limited partnership; and

(3) for all other records, send a copy of the filed record to the person on whose
behalf the record was filed.

(b) Upon request and payment of a fee, the secretary of state shall send to the
requester a certified copy of the requested record.

(c) Except as otherwise provided in sections 321.0116 and 321.0207, a record
delivered to the secretary of state for filing under this chapter may specify an effective
time and a delayed effective date. Except as otherwise provided in this chapter, a record
filed by the secretary of state is effective:

(1) if the record does not specify an effective time and does not specify a delayed
effective date, on the date and at the time the record is filed as evidenced by the secretary
of state's endorsement of the date and time on the record;

(2) if the record specifies an effective time but not a delayed effective date, on the
date the record is filed at the time specified in the record;

(3) if the record specifies a delayed effective date but not an effective time, at 12:01
a.m. on the earlier of:

(A) the specified date; or

(B) the 30th day after the record is filed; or

(4) if the record specifies an effective time and a delayed effective date, at the
specified time on the earlier of:

(A) the specified date; or

(B) the 30th day after the record is filed.

(d) The appropriate fees for filings under this chapter are:

(1) for filing a certificate of limited partnership, $100;

(2) for filing an amended certificate of limited partnership, $50;

new text begin (3) for filing a name reservation for a limited partnership name, $35;
new text end

deleted text begin (3)deleted text endnew text begin (4)new text end for filing any other record, other than the annual deleted text beginreportdeleted text endnew text begin renewalnew text end required by
section 321.0210, for which no fee must be charged, required or permitted to be delivered
for filing, deleted text begin$35deleted text endnew text begin $50new text end;

deleted text begin (4)deleted text endnew text begin (5)new text end for filing a certificate requesting authority to transact business in Minnesota
as a foreign limited partnership, deleted text begin$85deleted text endnew text begin $100new text end;

deleted text begin (5)deleted text endnew text begin (6)new text end for filing an application of reinstatement, $25;

deleted text begin (6)deleted text endnew text begin (7)new text end for filing a name reservation for a foreign limited partnership name, $35; and

deleted text begin (7)deleted text endnew text begin (8)new text end for filing any other record, other than the annual deleted text beginreportdeleted text endnew text begin renewalnew text end required by
section 321.0210, for which no fee must be charged, required or permitted to be delivered
for filing on a foreign limited partnership authorized to transact business in Minnesota,
$50.

Sec. 23.

Minnesota Statutes 2008, section 321.0210, is amended to read:


321.0210 ANNUAL deleted text beginREPORTdeleted text end new text beginRENEWAL new text endFOR SECRETARY OF STATE.

(a) Subject to subsection (b):

(1) in each calendar year following the calendar year in which a limited partnership
becomes subject to this chapter, the limited partnership must deliver to the secretary of
state for filing an annual deleted text beginregistrationdeleted text end new text beginrenewal new text endcontaining the information required by
subsection (c); and

(2) in each calendar year following the calendar year in which there is first on file
with the secretary of state a certificate of authority under section 321.0904 pertaining to a
foreign limited partnership, the foreign limited partnership must deliver to the secretary
of state for filing an annual deleted text beginregistrationdeleted text end new text beginrenewal new text endcontaining the information required by
subsection (c).

(b) A limited partnership's obligation under subsection (a) ends if the limited
partnership delivers to the secretary of state for filing a statement of termination under
section 321.0203 and the statement becomes effective under section 321.0206. A foreign
limited partnership's obligation under subsection (a) ends if the secretary of state issues
and files a certificate of revocation under section 321.0906 or if the foreign limited
partnership delivers to the secretary of state for filing a notice of cancellation under
section 321.0907(a) and that notice takes effect under section 321.0206. If a foreign
limited partnership's obligations under subsection (a) end and later the secretary of state
files, pursuant to section 321.0904, a new certificate of authority pertaining to that foreign
limited partnership, subsection (a)(2), again applies to the foreign limited partnership and,
for the purposes of subsection (a)(2), the calendar year of the new filing is treated as the
calendar year in which a certificate of authority is first on file with the secretary of state.

(c) The annual deleted text beginregistrationdeleted text end new text beginrenewal new text endmust containdeleted text begin:deleted text endnew text begin the items required by section 5.34.
new text end

deleted text begin (1) the name of the limited partnership or foreign limited partnership;
deleted text end

deleted text begin (2) the address of its designated office and the name and street and mailing address
of its agent for service of process in Minnesota and, if the agent is not an individual, the
name, street and mailing address, and telephone number of an individual who may be
contacted for purposes other than service of process with respect to the limited partnership;
deleted text end

deleted text begin (3) in the case of a limited partnership, the street and mailing address of its principal
office; and
deleted text end

deleted text begin (4) in the case of a foreign limited partnership, the name of the state or other
jurisdiction under whose law the foreign limited partnership is formed and any alternate
name adopted under section 321.0905(a).
deleted text end

(d) The secretary of state shall:

(1) administratively dissolve under section 321.0809 a limited partnership that has
failed to file a deleted text beginregistrationdeleted text end new text beginrenewal new text endpursuant to subsection (a); and

(2) revoke under section 321.0906 the certificate of authority of a foreign limited
partnership that has failed to file a deleted text beginregistrationdeleted text end new text beginrenewal new text endpursuant to subsection (a).

Sec. 24.

Minnesota Statutes 2008, section 321.0810, is amended to read:


321.0810 REINSTATEMENT FOLLOWING ADMINISTRATIVE
DISSOLUTION.

(a) A limited partnership that has been administratively dissolved new text beginor a foreign
limited partnership that has had its certificate of authority revoked
new text endmay deleted text beginapply to the
secretary of state for reinstatement
deleted text end new text beginreinstate new text endafter the effective date of dissolution. deleted text beginThe
application
deleted text end new text beginTo reinstate, the annual renewal required by section 5.34 new text endmust be delivered to
the secretary of state for filing deleted text beginand state:deleted text endnew text begin with the reinstatement fee of $25.
new text end

deleted text begin (1) the name of the limited partnership and the effective date of its administrative
dissolution;
deleted text end

deleted text begin (2) that the grounds for dissolution either did not exist or have been eliminated; and
deleted text end

deleted text begin (3) that the limited partnership's name satisfies the requirements of section 321.0108.
deleted text end

deleted text begin The application must also include any documents that were required to be delivered
for filing to the secretary of state but which were not so delivered.
deleted text end

(b) If the secretary of state determines that deleted text beginan applicationdeleted text end new text beginan annual renewal new text endcontains
the information required by subsection (a) and that the information is correct and deleted text beginthe
application includes
deleted text end new text beginis accompanied by new text endthe appropriate fee, the secretary of state shall file
the deleted text beginreinstatement application and serve the limited partnership with a copydeleted text endnew text begin renewal and
reinstate the limited partnership or foreign limited partnership
new text end.

(c) When reinstatement becomes effective, it relates back to and takes effect as of the
effective date of the administrative dissolution new text beginor revocation new text endand the limited partnership
may resume its activities as if the administrative dissolution new text beginor revocation new text endhad never
occurred, except that for the purposes of section 321.0103(c) and (d) the reinstatement
is effective only as of the date the reinstatement is filed.

Sec. 25.

Minnesota Statutes 2008, section 322B.960, is amended to read:


322B.960 ANNUAL deleted text beginREGISTRATIONdeleted text endnew text begin RENEWALnew text end.

Subdivision 1.

Annual deleted text beginregistrationdeleted text end new text beginrenewal new text endform.

(a) The secretary of state
deleted text begin mustdeleted text end new text beginmaynew text end send annually to each limited liability company deleted text beginat the registered office of the
corporation a postcard
deleted text endnew text begin, using the information provided by the limited liability company
pursuant to section 5.002 or 5.34 or the articles of organization, a
new text end notice announcing the
need to file the annual deleted text beginregistrationdeleted text end new text beginrenewal new text endand informing the limited liability company
that the annual deleted text beginregistrationdeleted text end new text beginrenewal new text endmay be filed online and that paper filings may also be
made, and informing the limited liability company that failing to file the annual deleted text beginregistrationdeleted text end
new text begin renewal new text endwill result in an administrative termination of the limited liability companynew text begin or the
revocation of the authority of the limited liability company to do business in Minnesota
new text end.

(b) Each calendar year beginning in the calendar year following the calendar year in
which a limited liability company files articles of organization, a limited liability company
must file with the secretary of state by December 31 of each calendar year a deleted text beginregistrationdeleted text end
new text begin renewal new text endcontaining the deleted text begininformation listed in subdivision 2deleted text endnew text begin items required by section 5.34new text end.

deleted text begin Subd. 2. deleted text end

deleted text begin Information required; fees. deleted text end

deleted text begin The registration must include:
deleted text end

deleted text begin (1) the name of the limited liability company or the name under which a foreign
limited liability company has registered in this state;
deleted text end

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

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

deleted text begin (4) the name of its registered agent, if any;
deleted text end

deleted text begin (5) the state or jurisdiction of organization; and
deleted text end

deleted text begin (6) the name and business address of the manager or other person exercising the
principal functions of the chief manager of the limited liability company.
deleted text end

Subd. 4.

Penalty.

(a) A domestic limited liability company that has not filed
a deleted text beginregistrationdeleted text end new text beginrenewal new text endpursuant to deleted text beginthe requirements of subdivision 2,deleted text end new text beginthis section new text endis
administratively terminated. The secretary of state shall issue a certificate of administrative
termination which must be filed in the office of the secretary of state. The secretary of
state must also make available in an electronic format the names of the terminated limited
liability companies.

(b) A non-Minnesota limited liability company that has not filed a deleted text beginregistrationdeleted text end
new text begin renewal new text endpursuant to deleted text beginthe requirements of subdivision 2,deleted text end new text beginthis section new text endshall have its authority
to do business in Minnesota revoked. The secretary of state must issue a certificate of
revocation which must be filed in the Office of the Secretary of State. The secretary
of state must also make available in an electronic format the names of the revoked
non-Minnesota limited liability companies.

Subd. 5.

Reinstatement.

If a limited liability company is administratively
terminated or has its authority to do business in Minnesota revoked, it may retroactively
reinstate its existence or authority to do business by filing a single annual deleted text beginregistrationdeleted text end
new text begin renewal new text endand paying a $25 fee.

(a) For a domestic limited liability company, filing the annual deleted text beginregistrationdeleted text end new text beginrenewal
new text endwith the secretary of state:

(1) returns the limited liability company to active status as of the date of the
administrative termination;

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

(3) restores to the limited liability company all assets and rights of the limited
liability company and its members to the extent they were held by the limited liability
company and its members before the administrative termination occurred, except to the
extent that assets or rights were affected by acts occurring after the termination, sold, or
otherwise distributed after that time.

(b) For a non-Minnesota limited liability company, filing the annual deleted text beginregistrationdeleted text end
new text begin renewal new text endrestores the limited liability company's ability to do business in Minnesota and
the rights and privileges which accompany that authority.

Sec. 26.

Minnesota Statutes 2008, section 323A.1003, is amended to read:


323A.1003 ANNUAL deleted text beginREGISTRATIONdeleted text endnew text begin RENEWALnew text end.

(a) Each calendar year beginning in the calendar year following the calendar year
in which a partnership files a statement of qualification or in which a foreign partnership
becomes authorized to transact business in this state, the secretary of state deleted text beginmust mail by
first class mail an annual registration form to the street address of the partnership's chief
executive office, if located in Minnesota, the office in this state, if the chief executive
office is not located in Minnesota, or address of the registered agent of the partnership
as shown on the records of the secretary of state when the chief executive office is not
located in Minnesota and no other Minnesota office exists
deleted text endnew text begin may send annually to the
partnership or foreign partnership, using the information provided by the limited liability
partnership pursuant to section 5.002 or 5.34 or the limited liability partnership statement
of qualification, a notice
new text end. The deleted text beginform must include the followingdeleted text end noticedeleted text begin:deleted text endnew text begin will announce the
need to file the annual renewal and will inform the partnership or foreign partnership that
the annual renewal may be filed online and that paper filings may also be made and that
new text enddeleted text begin"NOTICE:deleted text end failure to file deleted text beginthis formdeleted text end new text beginthe notice new text endby December 31 deleted text beginof this yeardeleted text end will result
in the revocation of the statement of qualification of this limited liability partnershipnew text begin.new text end
deleted text begin without further notice from the secretary of state pursuant to Minnesota Statutes, section
323A.1003, subsection (d)."
deleted text end

(b) A limited liability partnership, and a foreign limited liability partnership
authorized to transact business in this state, shall file an annual deleted text beginregistrationdeleted text end new text beginrenewal new text endin the
office of the secretary of state which containsdeleted text begin:deleted text endnew text begin the information required by section 5.34.
new text end

deleted text begin (1) the name of the limited liability partnership and the state or other jurisdiction
under whose laws the foreign limited liability partnership is formed;
deleted text end

deleted text begin (2) the street address, including the zip code, of the partnership's chief executive
office and, if different, the street address, including the zip code, of an office of the
partnership in this state, if any;
deleted text end

deleted text begin (3) if the partnership does not have an office in this state, the name and street address,
including the zip code, of the partnership's current agent for service of process; and
deleted text end

deleted text begin (4) if the agent for service of process under clause (3) is not an individual, the name,
street address, and telephone number of an individual who may be contacted for purposes
other than service of process with respect to the limited liability partnership.
deleted text end

(c) An annual deleted text beginregistrationdeleted text end new text beginrenewal new text endmust be filed once each calendar year beginning
in the year following the calendar year in which a partnership files a statement of
qualification or a foreign partnership becomes authorized to transact business in this state.

(d) The secretary of state must revoke the statement of qualification of a partnership
that fails to file an annual deleted text beginregistrationdeleted text end new text beginrenewal new text endwhen due or pay the required filing fee. The
secretary of state must issue a certificate of revocation which must be filed in the office
of the secretary of state. The secretary of state must also make available in an electronic
format the names of the revoked limited liability companies.

(e) A revocation under subsection (d) only affects a partnership's status as a limited
liability partnership and is not an event of dissolution of the partnership.

(f) A partnership whose statement of qualification has been revoked may apply
to the secretary of state for reinstatement deleted text beginwithin one year after the effective date of
the revocation
deleted text end. A partnership must file an annual deleted text beginregistrationdeleted text end new text beginrenewal new text endto apply for
reinstatement and pay a reinstatement fee of deleted text begin$135deleted text endnew text begin $160new text end.

(g) A reinstatement under subsection (f) relates back to and takes effect as of
the effective date of the revocation, and the partnership's status as a limited liability
partnership continues as if the revocation had never occurred.

Sec. 27.

Minnesota Statutes 2008, section 333.055, is amended to read:


333.055 TERM OF CERTIFICATE.

Subdivision 1.

Application and renewal.

Filing of a certificate hereunder shall be
effective deleted text beginfor a term of ten years from the date of filing and upon application filed within
the six-month period prior to the expiration of such term or a renewal thereof, on a form
prescribed by the secretary of state,
deleted text end new text beginupon filing and shall remain in effect as long as an
annual renewal for
new text endthe certificate deleted text beginmay be renewed for additional ten-year terms. A renewal
fee as specified herein, payable to the secretary of state, shall accompany the application
for renewal.
deleted text endnew text begin is filed in each calendar year following the calendar year in which the original
filing was filed. The certificate expires in the calendar year following a calendar year in
which the annual renewal was not filed. Notice of the annual renewal requirement must be
provided to the person or entity submitting the certificate at the time of the original filing.
new text end

deleted text begin The secretary of state shall notify each business holding a certificate hereunder of
the necessity of renewal thereof by writing to the last known address of the business at
least six months prior to the certificate's expiration date.
deleted text end

new text begin Assumed name certificates on file with the secretary of state upon the effective
date of this section are exempt from the renewal requirements of this section until the
expiration of the original ten-year term.
new text end

Subd. 2.

deleted text beginExisting certificatesdeleted text endnew text begin Reinstatementnew text end.

Any assumed name certificate deleted text beginof
record in the district courts and in force on July 1, 1978 shall continue in force without
the necessity of another filing under section 333.01 until July 31, 1979, at which time all
such certificates shall expire unless renewed as hereinafter provided. Any certificate
may be renewed by filing an application with the secretary of state on a form prescribed
by the secretary and paying the renewal fee prescribed by subdivision 3 within the six
month period prior to the expiration of the certificate
deleted text endnew text begin that expires as a result of failing
to file the annual renewal may be reinstated by filing the annual renewal with the $25
reinstatement fee
new text end.

new text begin Subd. 2a. new text end

new text begin Annual renewal; contents. new text end

new text begin The annual renewal filed under subdivision 1
must include the assumed name and the address of the principal place of business.
new text end

Subd. 3.

Fees.

The secretary of state shall charge and collectdeleted text begin:deleted text endnew text begin a fee of $30 for
each filing submitted with respect to an assumed name except for the annual renewal,
for which no fee will be charged.
new text end

deleted text begin (a) for the filing of each certificate or amended certificate of an assumed name - $25;
deleted text end

deleted text begin (b) certificate renewal fee - $25.
deleted text end

Subd. 4.

Secretary of state duties.

The secretary of state shall accept for filing all
certificates and renewals thereof which comply with the provisions of sections 333.001 to
333.06 and which are accompanied by the prescribed fees, notwithstanding the fact that
the assumed name disclosed therein may not be distinguishable from one or more other
assumed names already filed with the secretary of state. The secretary of state shall not
accept for filing a certificate that discloses an assumed name that is not distinguishable
from a corporate, limited liability company, limited liability partnership, cooperative, or
limited partnership name in use or reserved in this state by another or a trade or service
mark registered with the secretary of state, unless there is filed with the certificate a written
consent, court decree of prior right, or affidavit of nonuser of the kind required by section
302A.115, subdivision 1, clause (d). The secretary of state shall determine whether a name
is distinguishable from another name for purposes of this subdivision.

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective 30 days after the
secretary of state certifies that the information systems of the Office of the Secretary of
State have been modified to implement this section, and this section applies to all existing
and new assumed name certificates on and after that date.
new text end

Sec. 28.

Minnesota Statutes 2008, section 336A.04, subdivision 3, is amended to read:


Subd. 3.

Fees.

The fee for filing and indexing a standard form or format for a lien
notice, effective financing statement, or continuation statement, and stamping the date and
place of filing on a copy of the filed document furnished by the filing party is deleted text begin$15 until
June 30, 2005. Effective July 1, 2005, the fee for each filing will be
deleted text end as follows:

(1) new text begin$20 for each effective financing statement and new text end$15 for each new text beginlien notice ornew text endnew text begin othernew text end
filing made through the Web interface of the Office of the Secretary of State; deleted text beginand
deleted text end

(2) new text begin$25 for each effective financing statement and new text end$20 for each new text beginlien notice ornew text endnew text begin othernew text end
filing submitted in any other mannerdeleted text begin.deleted text endnew text begin; and
new text end

new text begin (3) no fee will be charged for filing a termination statement.
new text end

Filing fees collected by a satellite office must be deposited in the general fund of the
county in which the satellite office is located.

Sec. 29.

Minnesota Statutes 2008, section 336A.09, subdivision 2, is amended to read:


Subd. 2.

Searches; fees.

(a) If a person makes a request, the filing officer shall
conduct a search of the computerized filing system for effective financing statements or
lien notices and statements of continuation of a particular debtor. The filing officer shall
produce a report including the date, time, and results of the search by issuing:

(1) a listing of the file number, date, and hour of each effective financing statement
found in the search and the names and addresses of each secured party on the effective
financing statements or of each lien notice found in the search and the names and address
of each lienholder on the lien notice; or

(2) upon request, both the report and photocopies of the effective financing
statements or lien notices.

(b) The uniform fee for conducting a search and for preparing a report is $20 per
debtor name. deleted text beginIf an oral or facsimile response is requested, there is an additional fee of $5
per debtor name requested.
deleted text end A fee deleted text beginof $1 per pagedeleted text end new text beginas set by section 5.12 new text endwill be charged for
photocopies of effective financing statements, lien notices, continuation statements, or
termination statements.

(c) Search fees collected by a satellite office must be deposited in the general fund of
the county where the satellite office is located.

Sec. 30.

Minnesota Statutes 2008, section 359.01, subdivision 3, is amended to read:


Subd. 3.

Fees.

(a) When making application for a commission the applicant must
submit, along with the information required by the secretary of state, a nonrefundable
fee of $40.

(b) All fees shall be retained by the secretary of state and are nonreturnable, except
deleted text begin thatdeleted text endnew text begin fornew text end an overpayment of a fee deleted text beginis the subject of a refund upon proper applicationdeleted text end.

Sec. 31.

Minnesota Statutes 2008, section 469.175, subdivision 1, is amended to read:


Subdivision 1.

Tax increment financing plan.

(a) A tax increment financing plan
shall contain:

(1) a statement of objectives of an authority for the improvement of a project;

(2) a statement as to deleted text beginthe development program for the project, includingdeleted text end the property
within the project, if any, that the authority intends to acquire, identified by parcel number,
identifiable property name, block, or other appropriate means indicating the area in which
the authority intends to acquire properties;

(3) a list of any development activities that the plan proposes to take place within
the project, deleted text beginfor which contracts have been entered into at the time of the preparation of
the plan,
deleted text end including the names of the parties to the contract, the activity governed by the
contract, the new text beginestimated new text endcost stated in the contract, and the expected date of completion
of that activity;

(4) deleted text beginidentification or description of the type of any other specific development
reasonably expected to take place within the project, and the date when the development is
likely to occur;
deleted text end

deleted text begin (5)deleted text end estimates of the following:

(i) cost of the project, including administrative expensesdeleted text begin, except that if part of the
cost of the project is paid or financed with increment from the tax increment financing
district, the tax increment financing plan for the district must contain an estimate of the
amount of the cost of the project, including administrative expenses,
deleted text endnew text begin and interest costsnew text end
that will be paid or financed with tax increments from the districtnew text begin, but not to exceed the
estimated tax increments to be generated by the development activity
new text end;

(ii) amount of deleted text beginbonded indebtedness to be incurreddeleted text endnew text begin bonds to be issuednew text end;

(iii) deleted text beginsources of revenue to finance or otherwise pay public costs;deleted text end

deleted text begin (iv)deleted text end the deleted text beginmost recentdeleted text end new text beginoriginal new text endnet tax capacity of taxable real property within the tax
increment financing district and within any subdistrict;

deleted text begin (v)deleted text end new text begin(iv) new text endthe estimated captured net tax capacity of the tax increment financing district
at completion; and

deleted text begin (vi)deleted text endnew text begin (v) new text end the duration of the tax increment financing district's and any subdistrict's
existence;

(6) statements of the authority's alternate estimates of the impact of tax increment
financing on the net tax capacities of all taxing jurisdictions in which the tax increment
financing district is located in whole or in part. For purposes of one statement, the
authority shall assume that the estimated captured net tax capacity would be available to
the taxing jurisdictions without creation of the district, and for purposes of the second
statement, the authority shall assume that none of the estimated captured net tax capacity
would be available to the taxing jurisdictions without creation of the district or subdistrict;

(7) identification and description of studies and analyses used to make the
determination set forth in subdivision 3, clause (2); and

(8) identification of all parcels to be included in the district or any subdistrict.

(b) The authority may specify in the tax increment financing plan the first year in
which it elects to receive increment, up to four years following the year of approval of the
district. This paragraph does not apply to an economic development district.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for tax increment financing plans
approved after June 30, 2009.
new text end

Sec. 32.

Minnesota Statutes 2008, section 469.175, subdivision 6, is amended to read:


Subd. 6.

Annual financial reporting.

(a) The state auditor shall develop a uniform
system of accounting and financial reporting for tax increment financing districts. The
system of accounting and financial reporting shall, as nearly as possible:

(1) provide for full disclosure of the sources and uses of deleted text beginpublic funds indeleted text endnew text begin tax
increments of
new text end the district;

(2) permit comparison and reconciliation with the affected local government's
accounts and financial reports;

(3) permit auditing of the funds expended on behalf of a district, including a single
district that is part of a multidistrict project or that is funded in part or whole through
the use of a development account funded with tax increments from other districts or
with other public money;

(4) be consistent with generally accepted accounting principles.

(b) The authority must annually submit to the state auditor a financial report
in compliance with paragraph (a). Copies of the report must also be provided to the
county auditor and to the governing body of the municipality, if the authority is not
the municipality. To the extent necessary to permit compliance with the requirement
of financial reporting, the county and any other appropriate local government unit or
private entity must provide the necessary records or information to the authority or the
state auditor as provided by the system of accounting and financial reporting developed
pursuant to paragraph (a). The authority must submit the annual report for a year on or
before August 1 of the next year.

(c) The annual financial report must also include the following items:

(1) the original net tax capacity of the district and any subdistrict under section
469.177, subdivision 1;

(2) the net tax capacity for the reporting period of the district and any subdistrict;

(3) the captured net tax capacity of the district;

(4) any fiscal disparity deduction from the captured net tax capacity under section
469.177, subdivision 3;

(5) the captured net tax capacity retained for tax increment financing under section
469.177, subdivision 2, paragraph (a), clause (1);

(6) any captured net tax capacity distributed among affected taxing districts under
section 469.177, subdivision 2, paragraph (a), clause (2);

(7) the type of district;

(8) the date the municipality approved the tax increment financing plan and the
date of approval of any modification of the tax increment financing plan, the approval of
which requires notice, discussion, a public hearing, and findings under subdivision 4,
paragraph (a);

(9) the date the authority first requested certification of the original net tax capacity
of the district and the date of the request for certification regarding any parcel added
to the district;

(10) the date the county auditor first certified the original net tax capacity of the
district and the date of certification of the original net tax capacity of any parcel added
to the district;

(11) the month and year in which the authority has received or anticipates it will
receive the first increment from the district;

(12) the date the district must be decertified;

(13) for the reporting period and prior years of the district, the actual amount
received from, at least, the following categories:

(i) tax increments paid by the captured net tax capacity retained for tax increment
financing under section 469.177, subdivision 2, paragraph (a), clause (1), but excluding
any excess taxes;

(ii) tax increments that are interest or other investment earnings on or from tax
increments;

(iii) tax increments that are proceeds from the sale or lease of property, tangible or
intangible, purchased by the authority with tax increments;

(iv) tax increments that are repayments of loans or other advances made by the
authority with tax increments;

(v) bond deleted text beginor loandeleted text end proceeds;new text begin and
new text end

(vi) deleted text beginspecial assessments;
deleted text end

deleted text begin (vii) grants;
deleted text end

deleted text begin (viii) transfers from funds not exclusively associated with the district; and
deleted text end

deleted text begin (ix)deleted text end the market value homestead credit paid to the authority under section 273.1384;

(14) for the reporting period and for the prior years of the district, the actual amount
expended for, at least, the following categories:

(i) acquisition of land and buildings through condemnation or purchase;

(ii) site improvements or preparation costs;

(iii) installation of public utilities, parking facilities, streets, roads, sidewalks, or
other similar public improvements;

(iv) administrative costs, including the allocated cost of the authority;new text begin and
new text end

(v) deleted text beginpublic park facilities, facilities for social, recreational, or conference purposes, or
other similar public improvements; and
deleted text endnew text begin for housing districts, construction of affordable
housing;
new text end

deleted text begin (vi) transfers to funds not exclusively associated with the district;
deleted text end

(15) the amount of any payments for activities and improvements located outside of
the district that are paid for or financed with tax increments;

(16) the amount of payments of principal and interest that are made during the
reporting period on any nondefeased:

(i) general obligation tax increment financing bonds;

(ii) other tax increment financing bondsnew text begin, including pay-as-you-go contracts and
notes
new text end; deleted text beginand
deleted text end

deleted text begin (iii) notes and pay-as-you-go contracts;
deleted text end

(17) the principal amount, at the end of the reporting period, of any nondefeased:

(i) general obligation tax increment financing bonds;

(ii) other tax increment financing bondsnew text begin, including pay as you go contracts and
notes
new text end; deleted text beginand
deleted text end

deleted text begin (iii) notes and pay-as-you-go contracts;
deleted text end

(18) the amount of principal and interest payments that are due for the current
calendar year on any nondefeased:

(i) general obligation tax increment financing bonds;new text begin and
new text end

(ii) other tax increment financing bondsnew text begin, including pay-as-you-go contracts and
notes
new text end; and

deleted text begin (iii) notes and pay-as-you-go contracts;
deleted text end

(19) if the fiscal disparities contribution under chapter 276A or 473F for the district
is computed under section 469.177, subdivision 3, paragraph (a), the amount of new text begintotal
new text endincreased property taxes deleted text beginimposed on other properties in the municipality that approved the
tax increment financing plan as a result of the fiscal disparities contribution;
deleted text endnew text begin to be paid
from outside the tax increment financing district; and
new text end

(20) deleted text beginthe estimate, if any, contained in the tax increment financing plan of the amount
of the cost of the project, including administrative expenses, that will be paid or financed
with tax increment; and
deleted text end

deleted text begin (21)deleted text end any additional information the state auditor may require.

(d) deleted text beginThe commissioner of revenue shall prescribe the method of calculating the
increased property taxes under paragraph (c), clause (19), and the form of the statement
disclosing this information on the annual statement under subdivision 5.
deleted text end

deleted text begin (e)deleted text end The reporting requirements imposed by this subdivision apply to districts
certified before, on, and after August 1, 1979.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for tax increment financing reports
due after December 31, 2009.
new text end

Sec. 33. new text beginRACING LICENSE FEE RATIFICATION.
new text end

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 34. new text beginTRAINING SERVICES.
new text end

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

Sec. 35. new text begin REPEALER.
new text end

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