SF 2266

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to state government; appropriating money for
the general legislative and administrative expenses of
state government; modifying provisions related to
state government operations; modifying certain fee and
revenue provisions; modifying provisions of various
state boards and commissions; requiring studies and
reports; facilitating registering to vote and voting;
clarifying the definition of campaign expenditure;
making certain exceptions to the ban on gifts to
public officials; removing authority to appoint deputy
commissioners in executive branch departments;
providing for licensure for sales of manufactured and
industrialized/modular homes; amending Minnesota
Statutes 2004, sections 3.9741, subdivision 1; 10A.01,
subdivisions 9, 35; 10A.071, subdivision 3; 15.06,
subdivisions 1, 6, 9; 16A.01, subdivision 3; 16A.055,
subdivision 1; 16A.103, subdivisions 1a, 1b; 16A.11,
subdivision 2; 16B.03; 16B.04, subdivision 2; 16B.48,
subdivisions 4, 5; 16C.26, subdivisions 3, 4; 16C.28,
subdivision 2; 16E.01, subdivisions 1, 3; 16E.02;
16E.03, subdivisions 1, 2, 3, 7; 16E.04; 16E.0465,
subdivisions 1, 2; 16E.055; 16E.07, subdivision 8;
17.01; 37.06; 43A.03, subdivision 3; 43A.33,
subdivision 1; 45.013; 84.01, subdivisions 2, 3;
116.03, subdivision 1; 116J.01, subdivision 5;
116J.035, subdivision 4; 135A.17, subdivision 2;
174.02, subdivision 2; 175.001, subdivision 1;
181.932, by adding a subdivision; 181.9413; 197.608,
subdivision 5; 200.02, subdivisions 7, 23; 201.014,
subdivision 2; 201.061, subdivisions 1, 3, by adding a
subdivision; 201.071, subdivision 1; 201.091,
subdivision 4; 201.15; 203B.04, by adding a
subdivision; 203B.16, by adding a subdivision;
204B.10, subdivision 6; 204B.24; 204B.27, subdivision
11; 204C.06, subdivision 2; 204C.07, subdivision 4, by
adding a subdivision; 204C.08, subdivision 1a;
204C.10; 204C.12, subdivisions 2, 4; 211B.13,
subdivision 1; 241.01, subdivision 2; 245.03,
subdivision 1; 270.02, subdivision 3; 299A.01,
subdivision 1; 299C.65, subdivisions 1, 2; 327B.01, by
adding a subdivision; 327B.04, subdivisions 1, 4;
349A.10, subdivision 3; 359.01, by adding a
subdivision; 363A.28, subdivision 6; 363A.35,
subdivision 3; 403.36, subdivision 1; 471.895,
subdivision 3; 507.093; 507.24, subdivision 2;
524.5-310; S.F. No. 1879, article 10, section 33, if
enacted; Laws 1998, chapter 404, section 15,
subdivision 2, as amended; proposing coding for new
law in Minnesota Statutes, chapters 6; 10; 15; 16B;
16E; 190; 327B; 641; repealing Minnesota Statutes
2004, sections 15.06, subdivisions 7, 8; 16B.48,
subdivision 3; 16B.52; 16E.0465, subdivision 3;
17.013; 43A.03, subdivision 4; 190.08, subdivision 1;
196.021; 363A.05, subdivision 2; 363A.29, subdivision
2.

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

ARTICLE 1

STATE GOVERNMENT APPROPRIATIONS

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

The sums in the columns marked "APPROPRIATIONS" are added
to, or, if shown in parentheses, are subtracted from the
appropriations to the specified agencies in 2005 S.F. No. 1879,
article 10, if enacted. The appropriations are from the general
fund, unless another fund is named, and are available for the
fiscal year indicated for each purpose. The figures "2006" and
"2007," where used in this article, mean that the additions to
or subtractions from the appropriations listed under them are
for the fiscal year ending June 30, 2006, or June 30, 2007,
respectively. The "first year" is fiscal year 2006. The
"second year" is fiscal year 2007. The "biennium" is fiscal
years 2006 and 2007.
SUMMARY BY FUND

2006 2007 TOTAL

General $7,804,000 $14,475,000 $22,279,000

Special Revenue 1,202,000 2,398,000 3,600,000

Workers'
Compensation 203,000 109,000 312,000

For 2005 - $156,000

TOTAL $9,209,000 $16,982,000 $26,191,000

APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007

Sec. 2. LEGISLATURE

Subdivision 1.

Total
Appropriation $(2,011,000) $(2,011,000)

The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.

Subd. 2.

House of Representatives

(2,261,000) (2,261,000)

The amount of the accumulated house
carryforward account balance canceled
to the general fund in 2005 S.F. No.
1879, article 10, section 2,
subdivision 4, if enacted, is increased
by $2,311,000.

Subd. 3.

Legislative
Coordinating Commission

250,000 250,000

Of the amount appropriated in 2005 S.F.
No. 1879, article 10, section 2,
subdivision 4, if enacted, $10,000 the
first year and $10,000 the second year
are for the legislators' forum to allow
Minnesota legislators to meet with
counterparts from South Dakota, North
Dakota, and Manitoba to discuss issues
of mutual concern. This appropriation
must be matched by an equivalent
financial commitment from the other
jurisdictions before it is available.

$250,000 the first year and $250,000
the second year are for the use of the
task force established in article 3,
section 3, for the purposes in that
section. Of this amount, $32,000 the
first year and $33,000 the second year
are for a contract with the Legislative
Coordinating Commission for the
provision of administrative services to
the task force, the preparation of
requests for proposal, or the
disbursement of funds for the payment
of vendors, salaries, and other
expenses of the task force. The
commission must convene the first
meeting of the task force. This
appropriation is available until the
task force expires.

Sec. 3.

GOVERNOR AND
LIEUTENANT GOVERNOR (89,000) (90,000)

Sec. 4.

STATE AUDITOR (50,000) (50,000)

Sec. 5. SECRETARY OF STATE 4,000 (24,000)

$14,000 is added to the base
appropriation in fiscal year 2009 for
challenger training costs.

Sec. 6. OFFICE OF ENTERPRISE
TECHNOLOGY 1,803,000 1,803,000

This appropriation includes the amounts
appropriated for the division of
technology services in the Department
of Administration in 2005 S.F. No.
1879, article 10, section 9,
subdivision 2, if enacted. The
appropriation is transferred to the
Office of Enterprise Technology.

Sec. 7. ADMINISTRATIVE HEARINGS 465,000 371,000

Summary by Fund

General 262,000 262,000

Workers'
Compensation 203,000 109,000

$203,000 the first year and $109,000
the second year are from the workers'
compensation fund for technology
improvements. The base appropriation
for these improvements is $158,000 in
fiscal year 2008 and $165,000 in fiscal
year 2009.

For fiscal years 2006 and 2007, the
Administrative Law Division of the
Office of Administrative Hearings shall
charge the fees approved by the
commissioner of finance under Minnesota
Statutes, section 16A.126.

Sec. 8. ADMINISTRATION

Subdivision 1.

Total
Appropriation (1,765,000) (2,065,000)

The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.

Subd. 2.

State Facilities Services

$2,000,000 of the balance in the state
building code account in the state
government special revenue fund is
canceled to the general fund.

$1,950,000 the first year and
$1,950,000 the second year of the
balance in the facilities repair and
replacement account in the special
revenue fund is canceled to the general
fund. This is a onetime cancellation.

Subd. 3.

State and Community Services

(262,000) (262,000)

Subd. 4.

Administrative Management Services

300,000 -0-

$300,000 the first year is for a grant
to Assistive Technology of Minnesota.
Of this amount, $250,000 is for a
microloan program to support the
purchase of equipment and devices for
people with disabilities and their
families and employers and $50,000 is
for the Access to Telework program.
This appropriation is available until
June 30, 2007.

Subd. 5.

Public Broadcasting

Of the amounts appropriated for
community service grants to public
educational radio stations in 2005 S.F.
No. 1879, article 10, section 9,
subdivision 6, if enacted, $26,000 the
first year and $26,000 the second year
are for equipment grants to Minnesota
Public Radio, Inc.

Sec. 9. FINANCE

No later than June 30, 2006, and June
30, 2007, the commissioner of finance,
in consultation with the commissioner
of administration, must determine the
savings attributable to the "Drive to
Excellence" in fiscal year 2006 and
fiscal year 2007, respectively. The
savings are estimated to be $1,000,000
for the biennium. The commissioner
must deposit the amount determined for
each year in the general fund.

Sec. 10. REVENUE

Subdivision 1.

Total
Appropriation (2,500,000) (2,500,000)

The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.

Subd. 2.

Tax System Management

(2,075,000) (2,075,000)

Of the amounts appropriated in 2005
S.F. No. 1879, article 10, section 13,
subdivision 2, if enacted, $30,000 the
first year and $30,000 the second year
are for preparation of the income tax
sample.

Subd. 3.

Debt Collection Management

(425,000) (425,000)

The commissioner, in consultation with
other state agencies and local units of
government, shall develop
recommendations for: (1) consolidating
and coordinating the collection of debt
owed to governmental units; (2)
eliminating the fragmentation of
contracts from government agencies with
debtors owing such debts; (3) reducing
the cost of collecting debt owed to
governmental units; and (4) the
collection of substantially larger
portions of the debt owed to all
government units.

The commissioner shall report the
recommendations to the governor and the
chairs of the legislative committees
with jurisdiction over the department
by February 15, 2006.

Sec. 11. MILITARY AFFAIRS

Subdivision 1.

Total
Appropriation 5,713,000 6,230,000

Summary by Fund

General 5,375,000 5,375,000

Special Revenue 338,000 855,000

The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.

Subd. 2.

General Support

25,000 25,000

$25,000 the first year and $25,000 the
second year are for the operation and
staffing of the Minnesota National
Guard Youth Camp at Camp Ripley. This
is a onetime appropriation and must be
matched by nonstate sources.

Subd. 3.

Enlistment Incentives

5,350,000 5,350,000

$3,850,000 the first year and
$3,850,000 the second year are for the
additional amount necessary for full
funding of the tuition reimbursement
program in Minnesota Statutes, section
192.501, subdivision 2.

$1,500,000 the first year and
$1,500,000 the second year are for
reenlistment bonuses under Minnesota
Statutes, section 192.501, subdivision
1b.

$338,000 the first year and $855,000
the second year are from the account
established in new Minnesota Statutes,
section 190.19, for grants under that
section.

If appropriations for either year of
the biennium are insufficient, the
appropriation from the other year is
available. The appropriations for
enlistment incentives are available
until expended.

Sec. 12. VETERANS AFFAIRS 425,000 943,000

Summary by Fund

General 88,000 88,000

Special Revenue 337,000 855,000

The appropriations in 2005 S.F. No.
1879, article 10, sections 16, 17, and
18, if enacted, are transferred to the
commissioner of Veterans Affairs.

$103,000 the first year and $103,000
the second year are from the general
fund, and $337,000 the first year and
$855,000 the second year are from the
account established in new Minnesota
Statutes, section 190.19, for grants to
the following veterans' organizations
and service organizations for services
to veterans: Veterans of Foreign Wars,
the Military Order of the Purple Heart,
Disabled American Veterans, Vietnam
Veterans of America, Vinland Center,
and Minnesota Assistance Council for
Veterans. The money may also be used
for an outreach and assistance
initiative for underserved veterans.
This appropriation includes the base
budget funding for Vietnam Veterans of
America.

Sec. 13. GAMBLING CONTROL 274,000 274,000

The special revenue fund appropriation
is made from the lawful gambling
regulation account.

$274,000 the first year and $274,000
the second year are from the special
revenue fund for additional gambling
compliance regulators, and for upgrades
to information technology.

Sec. 14. RACING COMMISSION 253,000 414,000

The special revenue fund appropriations
are from the racing and card playing
regulation account.

$156,000 in fiscal year 2005 is from
the special revenue fund. $113,000 of
this amount is from the interim license
fee authorized by Laws 2003, First
Special Session chapter 1, article 2,
section 69, to defray the regulatory
oversight and legal costs associated
with the class A license approved by
the commission on January 19, 2005.
Any unexpended portion of this
appropriation remains available in
fiscal year 2006.

$253,000 the first year and $414,000
the second year are from the special
revenue fund. The appropriation for
fiscal year 2007 must be reduced by the
amount of money appropriated from the
interim license fee for fiscal year
2005 that remains unobligated at the
end of fiscal year 2006. The Racing
Commission must file monthly
expenditure reports with the
commissioner of finance for money spent
from this appropriation.

The Racing Commission may not hire new
employees or enter into new contracts
with this appropriation before
resolution of the petition for judicial
review filed by the Columbus Concerned
Citizens Group.

Sec. 15.

AMATEUR SPORTS
COMMISSION (225,000) (225,000)

Sec. 16. SALARY SUPPLEMENT

Subdivision 1.

Appropriations 7,000,000 14,000,000

This appropriation is from the general
fund.

Except as limited by the direct
appropriation in this section, the
amounts necessary to pay compensation
and economic benefit increases during
the biennium are appropriated to the
commissioner of finance from the
various funds in the state treasury
from which salaries are paid. In the
case of salaries that are paid from one
fund, but that fund is reimbursed by
another fund, the amounts necessary to
make those reimbursements are also
appropriated.

Subd. 2.

Increases Covered

The compensation and economic benefit
increases covered by this section are
those paid to classified and
unclassified employees and officers in
the executive branch of state
government, and to employees of the
Minnesota Historical Society or the
Minnesota State Colleges and
Universities who are paid from state
appropriations, but not including any
elected official or any faculty member
of the Minnesota State Colleges and
Universities. The increases must be
authorized by current law or result
from collective bargaining agreements
that are given interim approval by the
Legislative Coordinating Commission
Subcommittee on Employee Relations
under Minnesota Statutes, sections
3.855 and 43A.18, or 179A.22,
subdivision 4.

By January 1, 2006, the commissioner of
employee relations must estimate any
increases covered by this section and
certify the amount necessary for each
agency. During the biennium, the
commissioner of finance shall transfer
the necessary amounts to the proper
accounts and shall promptly notify the
house of representatives Ways and Means
Committee and the senate Finance
Committee of the amount transferred to
each appropriation account. If the
appropriated amounts are insufficient,
the commissioner of finance shall
proportionally allocate available
funding among agencies. Any
appropriation balance remaining the
first year does not cancel, but is
available for the second year.

Sec. 17. 2005 S.F. No. 1879, article 10, section 33, if
enacted, is amended to read:

Sec. 33. new text begin GENERAL REDUCTION.
new text end

The commissioner of finance shall reduce general fund
appropriations to the departments and agencies listed in
Minnesota Statutes, section 15.06, subdivision 1, new text begin the Office of
Enterprise Technology, and the Higher Education Services Office
new text end for state agency operations in the biennium ending June 30,
2007, by deleted text begin $14,526,000 deleted text end new text begin $9,526,000 new text end . This reduction is intended to
reduce each agency's appropriation base. The commissioner must
not reduce appropriations to the Departments of Agriculture,
Corrections, Health, Human Services, Military Affairs, Public
Safety, new text begin Revenue, new text end or Veterans Affairs.

Sec. 18. new text begin EFFECTIVE DATE.
new text end

new text begin The appropriations for fiscal year 2005 are available the
day following final enactment.
new text end

ARTICLE 2

STATE GOVERNMENT OPERATIONS

Section 1.

Minnesota Statutes 2004, section 3.9741,
subdivision 1, is amended to read:

Subdivision 1.

Metropolitan commission.

Upon the audit
of the financial accounts and affairs of a commission under
section 473.595, 473.604, or 473.703, the affected Metropolitan
Commission is liable to the state for the total cost and
expenses of the audit, including the salaries paid to the
examiners while actually engaged in making the examination. The
legislative auditor may bill the Metropolitan Commission either
monthly or at the completion of the audit. All collections
received for the audits deleted text begin must be deposited in the general
fund deleted text end new text begin shall be added to the appropriation for the legislative
auditor new text end .

Sec. 2.

new text begin [6.755] REPORTS TO THE LEGISLATURE.
new text end

new text begin Section 3.195 applies to the state auditor. For purposes
of determining whether members or employees of the legislature
wish to receive reports or publications prepared by the state
auditor, the state auditor may send a brief listing of reports
to each member. The state auditor must deliver reports or
publications to the legislature electronically whenever it is
cost effective.
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. 3.

new text begin [6.79] DUTIES OF STATE AUDITOR; WAIVER OF RULES
AND PROCEDURAL LAWS.
new text end

new text begin The state auditor shall:
new text end

new text begin (1) accept applications from local government units for
waivers of administrative rules and temporary, limited
exemptions from enforcement of procedural requirements in state
law, and determine whether to approve, modify, or reject the
application; and
new text end

new text begin (2) accept applications for grants to local government
units and related organizations proposing to promote cooperative
efforts in public service delivery and determine whether to
approve, modify, or reject the application.
new text end

Sec. 4.

new text begin [6.80] RULE AND LAW WAIVER REQUESTS.
new text end

new text begin Subdivision 1. new text end

new text begin Generally. new text end

new text begin (a) Except as provided in
paragraph (b), a local government unit may request the state
auditor to grant a waiver from one or more administrative rules
or a temporary, limited exemption from enforcement of state
procedural laws governing delivery of services by the local
government unit. Two or more local government units may submit
a joint application for a waiver or exemption under this section
if they propose to cooperate in providing a service or program
that is subject to the rule or law. Before submitting an
application to the state auditor, the governing body of the
local government unit must approve, in concept, the proposed
waiver or exemption at a meeting required to be public under
chapter 13D. A local government unit or two or more units
acting jointly may apply for a waiver or exemption on behalf of
a nonprofit organization providing services to clients whose
costs are paid by the unit or units. A waiver or exemption
granted to a nonprofit organization under this section applies
to services provided to all the organization's clients.
new text end

new text begin (b) A school district that is granted a variance from rules
of the commissioner of education under section 122A.163, need
not apply for a waiver of those rules under this section. A
school district may not seek a waiver of rules under this
section if the commissioner of education has authority to grant
a variance to the rules under section 122A.163. This paragraph
does not preclude a school district from being included in a
cooperative effort with another local government unit under this
section.
new text end

new text begin (c) Before petitioning the state auditor's office for an
exemption from an administrative rule, the petitioner must have
requested and been denied such an exemption from the appropriate
agency pursuant to sections 14.055 and 14.056.
new text end

new text begin Subd. 2. new text end

new text begin Application. new text end

new text begin A local government unit requesting
a waiver of a rule or exemption from enforcement of a law under
this section shall present a written application to the state
auditor. The application must include:
new text end

new text begin (1) the name and address of the entity for whom a waiver of
a rule or exemption from enforcement of a law is being
requested;
new text end

new text begin (2) identification of the service or program at issue;
new text end

new text begin (3) identification of the administrative rule or the law
imposing a procedural requirement with respect to which the
waiver or exemption is sought;
new text end

new text begin (4) a description of the improved service outcome sought,
including an explanation of the effect of the waiver or
exemption in accomplishing that outcome, and why that outcome
cannot be accomplished under established rules or laws;
new text end

new text begin (5) information on the state auditor's office treatment on
similar cases;
new text end

new text begin (6) the name, address, and telephone number of any person,
business, or other government unit the petitioner knows would be
adversely affected by the grant of the petition; and
new text end

new text begin (7) a signed statement as to the accuracy of the facts
presented.
new text end

new text begin A copy of the application must be provided by the requesting
local government unit to the exclusive representative certified
under section 179A.12 to represent employees who provide the
service or program affected by the requested waiver or exemption.
new text end

new text begin Subd. 3. new text end

new text begin Review process. new text end

new text begin (a) Upon receipt of an
application from a local government unit, the state auditor
shall review the application. The state auditor shall dismiss
an application if the application proposes a waiver of rules or
exemption from enforcement of laws that would result in due
process violations, violations of federal law or the state or
federal constitution, or the loss of services to people who are
entitled to them.
new text end

new text begin (b) The state auditor shall determine whether a law from
which an exemption for enforcement is sought is a procedural
law, specifying how a local government unit is to achieve an
outcome, rather than a substantive law prescribing the outcome
or otherwise establishing policy. For the purposes of this
section, "procedural law" does not include a statutory notice
requirement. In making the determination, the state auditor
shall consider whether the law specifies such requirements as:
new text end

new text begin (1) who must deliver a service;
new text end

new text begin (2) where the service must be delivered;
new text end

new text begin (3) to whom and in what form reports regarding the service
must be made; and
new text end

new text begin (4) how long or how often the service must be made
available to a given recipient.
new text end

new text begin (c) If the application requests a waiver of a rule or
temporary, limited exemptions from enforcement of a procedural
law over which the Metropolitan Council or a metropolitan agency
has jurisdiction, the state auditor shall also transmit a copy
of the application to the council or applicable metropolitan
agency, whichever has jurisdiction, for review and comment. The
council shall report its comments to the board within 60 days of
the date the application was transmitted to the council. The
council may point out any resources or technical assistance it
may be able to provide a local government submitting a request
under this section.
new text end

new text begin (d) Within 15 days after receipt of the application, the
state auditor shall transmit a copy of it to the commissioner of
each agency having jurisdiction over a rule or law from which a
waiver or exemption is sought. The agency may mail a notice
that it has received an application for a waiver or exemption to
all persons who have registered with the agency under section
14.14, subdivision 1a, identifying the rule or law from which a
waiver or exemption is requested. If no agency has jurisdiction
over the rule or law, the state auditor shall transmit a copy of
the application to the attorney general. The agency shall
inform the state auditor of its agreement with or objection to
and grounds for objection to the waiver or exemption request
within 60 days of the date when the application was transmitted
to it. An agency's failure to do so is considered agreement to
the waiver or exemption. The state auditor shall decide whether
to grant a waiver or exemption at the end of the 60-day response
period. Interested persons may submit written comments to the
state auditor on the waiver or exemption request up to the end
of the 60-day response period.
new text end

new text begin (e) If the exclusive representative of the affected
employees of the requesting local government unit objects to the
waiver or exemption request it may inform the state auditor of
the objection to and the grounds for the objection to the waiver
or exemption request within 60 days of the receipt of the
application.
new text end

new text begin Subd. 4. new text end

new text begin Hearing. new text end

new text begin If a state agency under subdivision 3,
paragraph (d), or the exclusive representative of the affected
employees under subdivision 3, paragraph (e), has objected to a
waiver or exemption request, the state auditor's office shall
set a date for a hearing on the applications. The hearing must
be conducted informally at a time and place determined by all
parties. Persons representing the local government unit shall
present their case for the waiver or exemption, and persons
representing the agency or the exclusive representative of the
affected employees shall explain their objection to it. The
state auditor may request additional information from the local
government unit or either objecting party. The state auditor
may also request, either before or at the hearing, information
or comments from representatives of business, labor, local
governments, state agencies, consultants, and members of the
public. If necessary, the hearing may be continued for a later
date. The state auditor may modify the terms of the waiver or
exemption request in arriving at the agreement required under
subdivision 5.
new text end

new text begin Subd. 5. new text end

new text begin Conditions of agreements. new text end

new text begin (a) In determining
whether to grant a petition for a waiver of a rule or exemption
from enforcement of a law, the state auditor should consider the
following factors:
new text end

new text begin (1) whether there is a true and unique impediment under
current law to accomplishing the goal of the local government
unit;
new text end

new text begin (2) granting the waiver of a rule or exemption from
enforcement of law will only change procedural requirements of a
local government unit;
new text end

new text begin (3) the purpose of any rule or law that is waived is still
being met in another manner;
new text end

new text begin (4) granting the proposed waiver of a rule or exemption
from enforcement of a law would result in a more efficient means
of providing government services; and
new text end

new text begin (5) granting the proposed waiver will not have a
significant negative impact on other state government, local
government units, businesses, or citizens.
new text end

new text begin (b) If the state auditor grants a request for a waiver or
exemption, the state auditor and the local government unit shall
enter into an agreement providing for the delivery of the
service or program that is the subject of the application. The
agreement must specify desired outcomes, the reasons why the
desired outcomes cannot be met under current laws or rules, and
the means of measurement by which the state auditor will
determine whether the outcomes specified in the agreement have
been met. The agreement must specify the duration of the waiver
or exemption. The duration of a waiver from an administrative
rule may be for no less than two years and no more than four
years, subject to renewal if both parties agree. An exemption
from enforcement of a law terminates ten days after adjournment
of the regular legislative session held during the calendar year
following the year when the exemption is granted, unless the
legislature has acted to extend or make permanent the exemption.
new text end

new text begin (c) The state auditor must report any grants of waivers or
exemptions to the legislature, including the chairs of the
governmental operations and appropriate policy committees in the
house and senate, and the governor within 30 days.
new text end

new text begin (d) The state auditor may reconsider or renegotiate the
agreement if the rule or law affected by the waiver or exemption
is amended or repealed during the term of the original
agreement. A waiver of a rule under this section has the effect
of a variance granted by an agency under section 14.055. A
local unit of government that is granted an exemption from
enforcement of a procedural requirement in state law under this
section is exempt from that law for the duration of the
exemption. The state auditor may require periodic reports from
the local government unit, or conduct investigations of the
service or program.
new text end

new text begin Subd. 6. new text end

new text begin Enforcement. new text end

new text begin If the state auditor finds that
the local government unit is failing to comply with the terms of
the agreement under subdivision 5, the state auditor may rescind
the agreement. Upon the rescission, the local unit of
government becomes subject to the rules and laws covered by the
agreement.
new text end

new text begin Subd. 7. new text end

new text begin Access to data. new text end

new text begin If a local government unit,
through a cooperative program under this section, gains access
to data collected, created, received, or maintained by another
local government that is classified as not public, the unit
gaining access is governed by the same restrictions on access to
and use of the data as the unit that collected, created,
received, or maintained the data.
new text end

Sec. 5.

new text begin [6.81] GRANTS PROMOTING COOPERATIVE EFFORTS IN
PUBLIC SERVICE DELIVERY.
new text end

new text begin Subdivision 1. new text end

new text begin Board. new text end

new text begin A cooperative grants board chaired
by the state auditor, and made up of two members of the
Minnesota house of representatives and two members of the
Minnesota senate shall review applications for cooperative
efforts in public service delivery made by local units of
government for years in which funds have been appropriated for
that purpose. The state auditor, with the advice of the board,
shall approve the applications.
new text end

new text begin The speaker of the house of representatives and the house
of representatives minority leader shall each appoint a member
to the board. The senate majority leader and the senate
minority leader shall each appoint a member to the board.
new text end

new text begin Subd. 2. new text end

new text begin Grants. new text end

new text begin Two or more local government units; an
association of local governments; a local unit of government
acting in conjunction with the Metropolitan Council, an
organization, or a state agency; or an organization formed by
two or more local units of government under a joint powers
agreement may apply to the board for a grant to be used to
develop a plan for intergovernmental cooperation in providing
services.
new text end

new text begin The purpose of the grants is to promote cooperative efforts
in public service delivery by local units of government and
include, but are not limited to, covering the initial start-up
costs of a cooperative effort and costs associated with planning
and integrating a service or function provided by two or more
local government units. Agreements solely to make joint
purchases are not sufficient to qualify under this section.
new text end

new text begin The application to the board must state what other sources
of funding have been considered by the local units of government
to implement the project and explain why it is not possible to
complete the project without assistance from the board. The
state auditor may not award a grant if it determines that the
local units of government could complete the project without
board assistance. A copy of the application must be submitted
by the applicants to the exclusive representatives certified
under section 179A.12 to represent employees who provide the
service or program affected by the application.
new text end

new text begin The state auditor shall award grants on the basis of each
qualified applicant's score under the scoring system in
subdivision 4. The amount of a grant under this section may not
exceed $50,000.
new text end

new text begin Subd. 3. new text end

new text begin Repayment of grants. new text end

new text begin If the state auditor finds
that the grantee has failed to implement the plan according to
the terms of the grant agreement, the state auditor may require
the grantee to repay all or a portion of the grant. All grant
money repaid to the state under this section is appropriated to
the board for additional grants.
new text end

new text begin Subd. 4. new text end

new text begin Cooperative grants scoring system. new text end

new text begin In deciding
whether to award a grant promoting cooperative efforts in public
service delivery, the board shall use the following scoring
system:
new text end

new text begin (1) up to 15 points shall be awarded to reflect the extent
to which the application demonstrates creative thinking, careful
planning, cooperation, involvement of the clients of the
affected service, and commitment to assume risk;
new text end

new text begin (2) up to 20 points shall be awarded to reflect the extent
to which the proposed project is likely to improve the quality
of the service and to have benefits for other local governments;
new text end

new text begin (3) up to 15 points shall be awarded to reflect the extent
to which the application's budget provides sufficient detail,
maximizes the use of state funds, documents the need for
financial assistance, commits to local financial support, and
limits expenditures to essential activities;
new text end

new text begin (4) up to 20 points shall be awarded to reflect the extent
to which the application reflects the statutory goal of the
grant program;
new text end

new text begin (5) up to 15 points shall be awarded to reflect the merit
of the proposed project and the extent to which it warrants the
state's financial participation;
new text end

new text begin (6) up to five points shall be awarded to reflect the
cost/benefit ratio projected for the proposed project;
new text end

new text begin (7) up to five points shall be awarded to reflect the
number of government units participating in the proposal; and
new text end

new text begin (8) up to five points shall be awarded to reflect the
minimum length of time the application commits to implementation.
new text end

Sec. 6.

new text begin [10.60] PUBLIC WEB SITES.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin This section applies to a
Web site that is:
new text end

new text begin (1) maintained on the World Wide Web;
new text end

new text begin (2) available for unrestricted public access; and
new text end

new text begin (3) maintained with public money by an elected or appointed
official of a state agency or political subdivision.
new text end

new text begin Subd. 2. new text end

new text begin Purpose of web site. new text end

new text begin The Web site must provide
information about the duties and jurisdiction of a public
official or government organization and facilitate access to
public services. All material on the Web site must be directly
related to the legal functions, duties, and jurisdiction of the
public official or organization.
new text end

new text begin Subd. 3. new text end

new text begin Photographs; biography. new text end

new text begin An elected or appointed
official may include one photograph of the official on the Web
site. The official may not include any other photograph with
the official's image on the Web site. The Web site may also
include biographical information about the official.
new text end

new text begin Subd. 4. new text end

new text begin Policy information. new text end

new text begin An elected or appointed
official may include on the Web site press releases, proposals,
policy positions, and other information directly related to the
official's legal duties and jurisdiction.
new text end

new text begin Subd. 5. new text end

new text begin Links. new text end

new text begin The Web site must not include electronic
links to or information about Web sites maintained by
individuals or political organizations.
new text end

Sec. 7.

new text begin [10.61] PERMISSIBLE PUBLICATIONS; PICTURE.
new text end

new text begin An elected or appointed official of a state agency or
political subdivision may use public money to print a
publication for public circulation if the publication is
authorized by law or directly related to statutory duties and
jurisdiction of the official. The publication may include one
photograph of the elected or appointed official who is directly
responsible for the duties relevant to the publication, but must
not include any other photograph that includes an image of the
official. The publication must not include the words "with the
compliments of" or "greetings from," or other similar words with
the official's name or photograph.
new text end

Sec. 8.

new text begin [15.175] CERTAIN EMPLOYEE RECORDS.
new text end

new text begin (a) Except as provided in paragraph (b), data, records,
files, and all written or electronic materials of, or relating
to, a state employee who is involuntarily terminated from
employment with a state agency must be preserved for a period of
at least two years after the employee's termination from
employment, or a longer period as required under section
138.17. A state employee who has been terminated may request
the opportunity to review all data covered by this section. An
agency responding to a request made under this section must
provide a response within ten days after receiving a written
request. This paragraph does not apply to an individual named
on a layoff list prepared under chapter 43A.
new text end

new text begin (b) If a state agency terminates an employee subject to the
protections in paragraph (a), the agency may provide the
employee with written notice of the employee's right to review
the data protected by paragraph (a). The notice must inform the
employee that the employee has ten business days from the day
the employee acknowledges the receipt of the notice to review
the data. The notice must provide the name of a contact person
within the agency who will make the data available to the
employee for review. The agency may dispose of the data without
reference to paragraph (a) ten business days or more after
notifying the employee.
new text end

new text begin (c) A state agency that destroys, shreds, or alters data,
records, files, or materials in violation of this requirement is
liable to the employee for damages resulting from that
violation, plus costs and reasonable attorney fees incurred by
the employee in enforcing the employee's rights under this
section. In addition, the employee is also entitled to
reinstatement to the position from which the employee was
terminated, plus reimbursement for lost wages and health and
retirement benefits if the records or data were relevant and
material to the employee's termination of employment or the
employee's claim for wrongful termination of employment.
new text end

Sec. 9.

new text begin [15.60] PUBLIC SAFETY OFFICERS; AMERICAN FLAG.
new text end

new text begin (a) A public employer may not forbid a peace officer or
firefighter from wearing a patch or pin depicting the flag of
the United States of America on the employee's uniform,
according to customary and standard flag etiquette. However, a
public employer may limit the size of a flag patch worn on a
uniform to no more than three inches by five inches.
new text end

new text begin (b) For purposes of this section:
new text end

new text begin (1) "peace officer" has the meaning given in section
626.84, subdivision 1, paragraph (c) or (f);
new text end

new text begin (2) "firefighter" means a person as defined in section
299A.41, subdivision 4, clause (3) or (4); and
new text end

new text begin (3) "public employer" has the meaning given in section
179A.03, subdivision 15, and also includes a municipal fire
department and an independent nonprofit firefighting corporation.
new text end

new text begin (c) A peace officer or firefighter who believes a public
employer is violating this section may request the attorney
general to issue an opinion on the issue. Upon request, the
attorney general must issue a written opinion, which is binding,
unless a court makes a contrary decision. If after issuing an
opinion, the attorney general determines that a public employer
continues to violate this section, the attorney general may
bring an action in district court to compel compliance.
new text end

Sec. 10.

Minnesota Statutes 2004, section 16A.055,
subdivision 1, is amended to read:

Subdivision 1.

List.

new text begin (a) new text end The commissioner shall:

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

(2) manage the state's financial affairs;

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

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

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

(6) provide to the state the expertise to ensure that all
state funds are accounted for under generally accepted
government accounting principles; and

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

new text begin (b) As part of the comprehensive annual financial report,
the commissioner shall list any laws that require the state's
general fund budget not to be reported in accordance with
generally accepted government accounting principles.
new text end

Sec. 11.

Minnesota Statutes 2004, section 16A.103,
subdivision 1a, is amended to read:

Subd. 1a.

Forecast parameters.

The forecast must assume
the continuation of current laws and reasonable estimates of
projected growth in the national and state economies and
affected populations. Revenue must be estimated for all sources
provided for in current law. Expenditures must be estimated for
all obligations imposed by law and those projected to occur as a
result of variables outside the control of the
legislature. deleted text begin Expenditure estimates must not include an
allowance for inflation. deleted text end new text begin Expenditures projected to occur as a
result of deflation or inflation must be separately stated as a
note for each forecasted program, but shall not constitute a
forecast adjustment for purposes of section 16A.11, subdivision
3, paragraph (b).
new text end

Sec. 12.

Minnesota Statutes 2004, section 16A.103,
subdivision 1b, is amended to read:

Subd. 1b.

Forecast variable.

In determining the amount
of state bonding as it affects debt service, the calculation of
investment income, and the other variables to be included in the
expenditure part of the forecast, the commissioner must consult
with the chairs and lead minority members of the senate deleted text begin State
Government deleted text end Finance Committee and the house Ways and Means
Committee, and legislative fiscal staff. This consultation must
occur at least three weeks before the forecast is to be
released. No later than two weeks prior to the release of the
forecast, the commissioner must inform the chairs and lead
minority members of the senate deleted text begin State Government deleted text end Finance
Committee and the house Ways and Means Committee, and
legislative fiscal staff of any changes in these variables from
the previous forecast.

Sec. 13.

Minnesota Statutes 2004, section 16A.11,
subdivision 2, is amended to read:

Subd. 2.

Part one: message.

Part one of the budget, the
governor's message, shall include the governor's recommendations
on the financial policy of the state for the coming biennium,
describing the important features of the budget plan, embracing
a general budget summary setting forth the aggregate figures of
the budget so as to show the balanced relation between the total
proposed expenditures and the total anticipated income, with the
basis and factors on which the estimates are made, the amount to
be borrowed, and other means of financing the budget for the
coming biennium, compared with the corresponding figures for at
least the last two completed fiscal years and the current year.
new text begin The budget plan must include recommendations on how to bring the
budget into compliance with generally accepted governmental
accounting principles. new text end The budget plan shall be supported by
explanatory schedules or statements, classifying its
expenditures by agencies and funds, and the income by agencies,
sources, funds, and the proposed amount of new borrowing, as
well as proposed new tax or revenue sources. The budget plan
shall be submitted for all special and dedicated funds, as well
as the general fund, and shall include the estimated amounts of
federal aids, for whatever purpose provided, together with
estimated expenditures from them.

new text begin EFFECTIVE DATE. new text end

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

Sec. 14.

Minnesota Statutes 2004, section 16C.26,
subdivision 3, is amended to read:

Subd. 3.

Publication of notice; expenditures over
deleted text begin $15,000 deleted text end new text begin $25,000 new text end .

If the amount of an expenditure is estimated
to exceed deleted text begin $15,000 deleted text end new text begin $25,000 new text end , deleted text begin sealed deleted text end bids must be solicited by
public notice deleted text begin inserted at least once in a newspaper or trade
journal not less than seven days before the final date of
submitting bids deleted text end new text begin in a manner designated by the commissioner new text end . deleted text begin The
commissioner shall designate the newspaper or trade journal for
that publication and may designate different newspapers or
journals according to the nature of the purchase or
contract. deleted text end new text begin To the extent practical, this must include posting on
a state Web site. For expenditures over $50,000, new text end the
commissioner shall deleted text begin also deleted text end solicit sealed bids by deleted text begin sending deleted text end new text begin providing
new text end notices deleted text begin by mail deleted text end to all prospective bidders known to the
commissioner deleted text begin and deleted text end by posting notice on deleted text begin a public bulletin board in
the commissioner's office deleted text end new text begin a state Web site new text end at least deleted text begin five deleted text end new text begin seven
new text end days before the final date of submitting bids. All bids new text begin over
$50,000 new text end must be sealed when they are received and must be opened
in public at the hour stated in the notice. All original bids
and all documents pertaining to the award of a contract must be
retained and made a part of a permanent file or record and
remain open to public inspection.

Sec. 15.

Minnesota Statutes 2004, section 16C.26,
subdivision 4, is amended to read:

Subd. 4.

Building and construction contracts;
deleted text begin $15,000 deleted text end new text begin $50,000 new text end or less.

deleted text begin All contracts, the amount of which is
estimated to be $15,000 or less, may be made either upon
competitive bids or in the open market, in the discretion of the
commissioner. So far as practicable, however, they must be
based on at least three competitive bids which must be
permanently recorded. deleted text end new text begin An informal bid may be used for building,
construction, and repair contracts that are estimated at less
than $50,000. Informal bids must be authenticated by the bidder
in a manner specified by the commissioner.
new text end

Sec. 16.

Minnesota Statutes 2004, section 16C.28,
subdivision 2, is amended to read:

Subd. 2.

Alterations and erasures.

A bid containing an
alteration or erasure of any price contained in the bid which is
used in determining the lowest responsible bid must be rejected
unless the alteration or erasure is corrected deleted text begin under this
subdivision deleted text end new text begin in a manner that is clear and authenticated by an
authorized representative of the responder new text end . An alteration or
erasure may be crossed out and the correction printed in ink or
typewritten adjacent to it and initialed deleted text begin in ink by the person
signing the bid deleted text end new text begin by an authorized representative of the responder new text end .

Sec. 17.

Minnesota Statutes 2004, section 37.06, is
amended to read:

37.06 SECRETARY; LEGISLATIVE AUDITOR; DUTIES; REPORT.

The secretary shall keep a complete record of the
proceedings of the annual meetings of the State Agricultural
Society and all meetings of the board of managers and any
committee of the board, keep all accounts of the society other
than those kept by the treasurer of the society, and perform
other duties as directed by the board of managers. On or before
December 31 each year, the secretary shall report to the
governor for the fiscal year ending October 31 all the
proceedings of the society during the current year and its
financial condition as appears from its books. This report must
contain a full, detailed statement of all receipts and
expenditures during the year.

The books and accounts of the society for the fiscal year
must be examined and audited annually by the legislative
auditor. The cost of the examination must be paid by the
society to the state and credited to the deleted text begin general fund
deleted text end new text begin appropriation for the legislative auditor new text end .

A summary of this examination, certified by the legislative
auditor, must be appended to the secretary's report, along with
the legislative auditor's recommendations and the proceedings of
the first annual meeting of the society held following the
secretary's report, including addresses made at the meeting as
directed by the board of managers. The summary,
recommendations, and proceedings must be printed in the same
manner as the reports of state officers. Copies of the report
must be printed annually and distributed as follows: to each
society or association entitled to membership in the society, to
each newspaper in the state, and the remaining copies as
directed by the board of managers.

Sec. 18.

Minnesota Statutes 2004, section 43A.33,
subdivision 1, is amended to read:

Subdivision 1.

Discharge, suspension, demotion for cause,
salary decrease.

Managers and employees shall attempt to
resolve disputes through informal means prior to the initiation
of disciplinary action. No permanent employee in the classified
service shall be reprimanded, discharged, suspended without pay,
or demoted, except for just cause. new text begin The discharge of an employee
from unclassified service who is on leave from the classified
service does not affect or rescind the application of the
procedures under this section to the discharge, if any, of the
employee from the classified service.
new text end

Sec. 19.

Minnesota Statutes 2004, section 181.932, is
amended by adding a subdivision to read:

new text begin Subd. 1a. new text end

new text begin Public employers. new text end

new text begin (a) The state, including a
state postsecondary educational institution or a political
subdivision of the state as defined in section 6.56, subdivision
1, may not discharge, discipline, threaten, penalize, or
otherwise discriminate against an employee regarding the
employee's compensation, terms, conditions, location, or
privileges of employment because the employee, in good faith,
reports or is in the process of preparing a report regarding
serious waste, inefficiency, or mismanagement in the employee's
place of employment that diminishes the value the public
receives from the employer, even though the waste, inefficiency,
or mismanagement reported does not in itself violate any federal
or state law or rule.
new text end

new text begin (b) An employee contesting disciplinary action under
paragraph (a) for the preparation of a report that was not
submitted before the discipline must demonstrate the occurrence
of the violation of paragraph (a) by clear and convincing
evidence.
new text end

Sec. 20.

Minnesota Statutes 2004, section 181.9413, is
amended to read:

181.9413 SICK deleted text begin OR INJURED CHILD CARE deleted text end LEAVE new text begin BENEFITS; USE TO
CARE FOR CERTAIN RELATIVES new text end .

(a) An employee may use personal sick leave benefits
provided by the employer for absences due to an illness of deleted text begin or deleted text end new text begin ,
new text end injury to new text begin , or death of new text end the employee's child new text begin , spouse, sibling,
parent, grandparent, stepparent, or regular member of the
employee's household new text end for such reasonable periods as the
employee's attendance deleted text begin with the child deleted text end may be necessary, on the
same terms new text begin upon which new text end the employee is able to use sick leave
benefits for the employee's own illness or injury new text begin , to the extent
of the employee's accumulation of sick leave new text end . This section
applies only to personal sick leave benefits payable to the
employee from the employer's general assets.

(b) For purposes of this section, "personal sick leave
benefits" means time accrued and available to an employee to be
used as a result of absence from work due to personal illness or
injury, but does not include short-term or long-term disability
or other salary continuation benefits.

new text begin (c) The requirement under paragraph (a) is not a
replacement for any other sick leave benefit provided for in any
collective bargaining agreement or compensation plan.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to sick leave used on or after that date.
new text end

Sec. 21.

new text begin [190.19] MINNESOTA "SUPPORT OUR TROOPS"
ACCOUNT.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The Minnesota "Support Our
Troops" account is established in the special revenue fund. The
account shall consist of contributions from private sources and
appropriations.
new text end

new text begin Subd. 2. new text end

new text begin Grants. new text end

new text begin (a) The adjutant general may use money
appropriated from the Minnesota "Support Our Troops" account for
grants:
new text end

new text begin (1) directly to eligible individuals; or
new text end

new text begin (2) to one or more eligible foundations for the purpose of
making grants to eligible individuals, as provided in this
section.
new text end

new text begin (b) The term, "eligible individual" includes any person who
is:
new text end

new text begin (1) a member of the Minnesota National Guard or a reserve
unit based in Minnesota who has been called to active service as
defined in section 190.05, subdivision 5;
new text end

new text begin (2) a Minnesota resident who is a member of a military
reserve unit not based in Minnesota, if the member is called to
active service as defined in section 190.05, subdivision 5;
new text end

new text begin (3) any other Minnesota resident performing active service
for any branch of the military of the United States; and
new text end

new text begin (4) members of the immediate family of an individual
identified in clause (1), (2), or (3). For purposes of this
clause, "immediate family" means the individual's spouse and
minor children and, if they are dependents of the member of the
military, the member's parents, grandparents, siblings,
stepchildren, and adult children.
new text end

new text begin (c) The term "eligible foundation" includes any
organization that:
new text end

new text begin (1) is a tax-exempt organization under section 501(c)(3) of
the Internal Revenue Code;
new text end

new text begin (2) has articles of incorporation under chapter 317A
specifying the purpose of the organization as including the
provision of financial assistance to members of the Minnesota
National Guard and other United States armed forces reserves and
their families and survivors; and
new text end

new text begin (3) agrees in writing to distribute any grant money
received from the adjutant general under this section to
eligible individuals as defined in this section and in
accordance with any written policies and rules the adjutant
general may impose as conditions of the grant to the foundation.
new text end

new text begin (d) The maximum grant awarded to an eligible individual in
a calendar year with funds from the Minnesota "Support Our
Troops" account, either through an eligible institution or
directly from the adjutant general, may not exceed $2,000.
new text end

new text begin Subd. 3. new text end

new text begin Annual report. new text end

new text begin The adjutant general must report
by February 1, 2007, and each year thereafter, to the chairs and
ranking minority members of the legislative committees and
divisions with jurisdiction over military and veterans' affairs
on the number, amounts, and use of grants made by the adjutant
general from the Minnesota "Support Our Troops" account in the
previous year.
new text end

Sec. 22.

Minnesota Statutes 2004, section 197.608,
subdivision 5, is amended to read:

Subd. 5.

Qualifying uses.

The commissioner shall consult
with the Minnesota Association of County Veterans Service
Officers in developing a list of qualifying uses for grants
awarded under this program. new text begin The commissioner is authorized to
use any unexpended funding for this program to provide training
and education for county veterans service officers.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 23.

Minnesota Statutes 2004, section 349A.10,
subdivision 3, is amended to read:

Subd. 3.

Lottery operations.

(a) The director shall
establish a lottery operations account in the lottery fund. The
director shall pay all costs of operating the lottery, including
payroll costs or amounts transferred to the state treasury for
payroll costs, but not including lottery prizes, from the
lottery operating account. The director shall credit to the
lottery operations account amounts sufficient to pay the
operating costs of the lottery.

(b) Except as provided in paragraph (e), the director may
not credit in any fiscal year thereafter amounts to the lottery
operations account which when totaled exceed deleted text begin 15 deleted text end new text begin nine new text end percent of
gross revenue to the lottery fund in that fiscal year. In
computing total amounts credited to the lottery operations
account under this paragraph the director shall disregard
amounts transferred to or retained by lottery retailers as sales
commissions or other compensation.

(c) The director of the lottery may not expend after July
1, 1991, more than 2-3/4 percent of gross revenues in a fiscal
year for contracts for the preparation, publication, and
placement of advertising.

(d) Except as the director determines, the lottery is not
subject to chapter 16A relating to budgeting, payroll, and the
purchase of goods and services.

(e) In addition to the amounts credited to the lottery
operations account under paragraph (b), the director is
authorized, if necessary, to meet the current obligations of the
lottery and to credit up to 25 percent of an amount equal to the
average annual amount which was authorized to be credited to the
lottery operations account for the previous three fiscal years
but was not needed to meet the obligations of the lottery.

Sec. 24.

Minnesota Statutes 2004, section 359.01, is
amended by adding a subdivision to read:

new text begin Subd. 4. new text end

new text begin Application. new text end

new text begin The secretary of state shall
prepare the application form for a commission. The form may
request personal information about the applicant, including, but
not limited to, relevant civil litigation, occupational license
history, and criminal background, if any. For the purposes of
this section, "criminal background" includes, but is not limited
to, criminal charges, arrests, indictments, pleas, and
convictions.
new text end

Sec. 25.

Minnesota Statutes 2004, section 363A.28,
subdivision 6, is amended to read:

Subd. 6.

Charge processing.

deleted text begin (1) deleted text end new text begin (a) new text end Consistent with
deleted text begin clause (7) deleted text end new text begin paragraph (g) new text end , the commissioner shall promptly
inquire into the truth of the allegations of the charge. The
commissioner shall make an immediate inquiry when a charge
alleges actual or threatened physical violence. The
commissioner shall also make an immediate inquiry when it
appears that a charge is frivolous or without merit and shall
dismiss those charges.

The commissioner shall give priority to investigating and
processing those charges, in the order below, which the
commissioner determines have the following characteristics:

deleted text begin (a) deleted text end new text begin (1) new text end there is evidence of irreparable harm if immediate
action is not taken;

deleted text begin (b) deleted text end new text begin (2) new text end there is evidence that the respondent has
intentionally engaged in a reprisal;

deleted text begin (c) deleted text end new text begin (3) new text end a significant number of recent charges have been
filed against the respondent;

deleted text begin (d) deleted text end new text begin (4) new text end the respondent is a government entity;

deleted text begin (e) deleted text end new text begin (5) new text end there is potential for broadly promoting the
policies of this chapter; or

deleted text begin (f) deleted text end new text begin (6) new text end the charge is supported by substantial and credible
documentation, witnesses, or other evidence.

The commissioner shall inform charging parties of these
priorities and shall tell each party if their charge is a
priority case or not.

On other charges the commissioner shall make a
determination within 12 months after the charge was filed as to
whether or not there is probable cause to credit the allegation
of unfair discriminatory practices deleted text begin , and deleted text end new text begin . The amount of time
during which another enforcement agency is investigating a case
under a work-sharing agreement is not counted in computing the
12-month period, provided that the commissioner makes a
determination within 24 months after the charge is filed.
new text end

deleted text begin (2) deleted text end new text begin (b) new text end If the commissioner determines after investigation
that no probable cause exists to credit the allegations of the
unfair discriminatory practice, the commissioner shall, within
ten days of the determination, serve upon the charging party and
respondent written notice of the determination. Within ten days
after receipt of notice, the charging party may request in
writing, on forms prepared by the department, that the
commissioner reconsider the determination. The request shall
contain a brief statement of the reasons for and new evidence in
support of the request for reconsideration. At the time of
submission of the request to the commissioner, the charging
party shall deliver or mail to the respondent a copy of the
request for reconsideration. The commissioner shall reaffirm,
reverse, or vacate and remand for further consideration the
determination of no probable cause within 20 days after receipt
of the request for reconsideration, and shall within ten days
notify in writing the charging party and respondent of the
decision to reaffirm, reverse, or vacate and remand for further
consideration.

A decision by the commissioner that no probable cause
exists to credit the allegations of an unfair discriminatory
practice shall not be appealed to the Court of Appeals pursuant
to section 363A.36 or sections 14.63 to 14.68.

deleted text begin (3) deleted text end new text begin (c) new text end If the commissioner determines after investigation
that probable cause exists to credit the allegations of unfair
discriminatory practices, the commissioner shall serve on the
respondent and the respondent's attorney if the respondent is
represented by counsel, by first class mail, a notice setting
forth a short plain written statement of the alleged facts which
support the finding of probable cause and an enumeration of the
provisions of law allegedly violated. If the commissioner
determines that attempts to eliminate the alleged unfair
practices through conciliation pursuant to subdivision 8 have
been or would be unsuccessful or unproductive, the commissioner
shall issue a complaint and serve on the respondent, by
registered or certified mail, a written notice of hearing
together with a copy of the complaint, requiring the respondent
to answer the allegations of the complaint at a hearing before
an administrative law judge at a time and place specified in the
notice, not less than ten days after service of said complaint.
A copy of the notice shall be furnished to the charging party
and the attorney general.

deleted text begin (4) deleted text end new text begin (d) new text end If, at any time after the filing of a charge, the
commissioner has reason to believe that a respondent has engaged
in any unfair discriminatory practice, the commissioner may file
a petition in the district court in a county in which the
subject of the complaint occurs, or in a county in which a
respondent resides or transacts business, seeking appropriate
temporary relief against the respondent, pending final
determination of proceedings under this chapter, including an
order or decree restraining the respondent from doing or
procuring an act tending to render ineffectual an order the
commissioner may enter with respect to the complaint. The court
shall have power to grant temporary relief or a restraining
order as it deems just and proper, but no relief or order
extending beyond ten days shall be granted except by consent of
the respondent or after hearing upon notice to the respondent
and a finding by the court that there is reasonable cause to
believe that the respondent has engaged in a discriminatory
practice. Except as modified by subdivisions 1 to 9 and section
363A.06, subdivision 4, the Minnesota Rules of Civil Procedure
shall apply to an application, and the district court shall have
authority to grant or deny the relief sought on conditions as it
deems just and equitable. All hearings under subdivisions 1 to
9 and section 363A.06, subdivision 4, shall be given precedence
as nearly as practicable over all other pending civil actions.

deleted text begin (5) deleted text end new text begin (e) new text end If a lessor, after engaging in a discriminatory
practice defined in section 363A.09, subdivision 1, clause (a),
leases or rents a dwelling unit to a person who has no knowledge
of the practice or of the existence of a charge with respect to
the practice, the lessor shall be liable for actual damages
sustained by a person by reason of a final order as provided in
subdivisions 1 to 9 and section 363A.06, subdivision 4,
requiring the person to be evicted from the dwelling unit.

deleted text begin (6) deleted text end new text begin (f) new text end In any complaint issued under subdivisions 1 to 9
and section 363A.06, subdivision 4, the commissioner may seek
relief for a class of individuals affected by an unfair
discriminatory practice occurring on or after a date one year
prior to the filing of the charge from which the complaint
originates.

deleted text begin (7) deleted text end new text begin (g) new text end The commissioner may adopt policies to determine
which charges are processed and the order in which charges are
processed based on their particular social or legal
significance, administrative convenience, difficulty of
resolution, or other standard consistent with the provisions of
this chapter.

deleted text begin (8) deleted text end new text begin (h) new text end The chief administrative law judge shall adopt
policies to provide sanctions new text begin which may include, but are not
limited to, damages, attorney fees, and costs new text end for intentional
and frivolous delay caused by any charging party or respondent
in an investigation, hearing, or any other aspect of proceedings
before the department under this chapter. new text begin The department, as
well as any charging party or respondent, may petition the chief
administrative law judge for an order imposing sanctions.
new text end

Sec. 26.

Minnesota Statutes 2004, section 363A.35,
subdivision 3, is amended to read:

Subd. 3.

Access to closed files.

(a) Except as otherwise
provided in this subdivision, human rights investigative data
contained in a closed case file are private data on individuals
or nonpublic data. The name and address of the charging party
and respondent, factual basis of the allegations, the statute
under which the action is brought, the part of the summary of
the investigation that does not contain identifying data on a
person other than the complainant or respondent, and the
commissioner's memorandum determining whether probable cause has
been shown are public data. new text begin After a file has been closed, the
commissioner may disclose data about a closed case file to
another governmental entity to assist that entity in processing
a complaint or to eliminate duplication of efforts in the
investigation of the same or similar facts as alleged in the
charge. To the extent that data are disclosed to other
governmental entities, it must be stipulated that section 13.03,
subdivision 4, applies to the classification of the data. The
commissioner must notify those who are the subject of the data
when a disclosure is made under this subdivision.
new text end

(b) The commissioner may make human rights investigative
data contained in a closed case file inaccessible to the
charging party or the respondent in order to protect medical or
other security interests of the parties or third persons.

Sec. 27.

Laws 1998, chapter 404, section 15, subdivision
2, as amended by Laws 2005, chapter 20, article 1, section 40,
is amended to read:

Subd. 2.

National Sports Center 4,800,000

$1,700,000 is to purchase and develop
land adjacent to the National Sports
Center in Blaine for use as athletic
fields.

$3,100,000 is to develop the National
Children's Golf Course. The primary
purpose of the National Children's Golf
Course is to serve youth of 18 years
and younger. Market rates must be
charged for adult golf.

The Minnesota Amateur Sports Commission
may lease up to 20 percent of the area
of the land purchased with money from
the general fund appropriations in this
subdivision for a term of up to 30
years to one or more governmental or
private entities for any use by the
lessee, whether public or private, so
long as the use provides some benefit
to amateur sports. new text begin Up to $300,000 of
new text end lease payments received by the
commission deleted text begin are deleted text end new text begin each fiscal year is
new text end appropriated to the commission for the
purposes specified in Minnesota
Statutes, chapter 240A. The land
purchased from the general fund
appropriations may be used for any
amateur sport.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively
on the effective date of Laws 2005, chapter 20, article 1,
section 40.
new text end

Sec. 28. new text begin STATE HEALTH CARE PURCHASING AUTHORITY.
new text end

new text begin Subdivision 1. new text end

new text begin Purchasing authority created. new text end

new text begin By December
15, 2005, the commissioner of employee relations, in
consultation with the commissioners of health, human services,
labor and industry, corrections, commerce, and administration
and the Minnesota Comprehensive Health Association board of
directors may enter into interagency agreements regarding the
formation of the Minnesota Health Care Purchasing Authority for
the purpose of implementing a unified strategy and joint
purchasing of health care services for the state of Minnesota.
The strategy shall include implementing a process that examines
the health care purchasing decisions and coverage in terms of
cost and medical efficacy based on reliable research evidence to
ensure access to appropriate and necessary health care. By
December 15, 2005, the commissioners shall submit to the
legislature a report and draft legislation for the creation of
the purchasing authority as a distinct agency of state
government responsible for all state purchasing of health care.
new text end

new text begin Subd. 2. new text end

new text begin Principles of state purchasing. new text end

new text begin The purchasing
authority shall prepare and submit to the governor and
legislature an annual report and plan for the unified purchasing
of health care services. The plan must:
new text end

new text begin (1) promote personal choice and responsibility;
new text end

new text begin (2) encourage and promote better health of patients and
residents of the state;
new text end

new text begin (3) provide incentives to privately based health plans and
health care delivery systems to improve efficiency and quality;
new text end

new text begin (4) use community standards and measurement methods for
determining the value of specific health care services based on
quality and performance; and
new text end

new text begin (5) separate the health care purchasing functions of state
government from those activities relating to regulation and
delivery of services, but require consistent use of uniform
quality and performance standards and methods for purchasing,
regulation, and delivery of health care services.
new text end

new text begin Subd. 3. new text end

new text begin Purchasing and coverage guidelines. new text end

new text begin The
purchasing authority shall convene a panel of health care policy
experts and health care providers to establish a process to
select evidence-based guidelines based on sound research
evidence and implement an integrated approach using these
guidelines for purchasing decisions and coverage design.
new text end

new text begin Subd. 4. new text end

new text begin Public and private purchasers. new text end

new text begin (a) The
purchasing authority shall prepare and submit to the governor
and legislature by December 15, 2005, a plan for permitting
public employers, including school districts, cities, counties,
and other governmental entities to purchase a secure benefit set
through the state purchasing authority. The secure benefit set
must include the services described under subdivision 6.
new text end

new text begin (b) Notwithstanding any laws to the contrary, the
commissioner of employee relations may expand the range of
health coverage options available to purchase under the public
employees insurance program established under Minnesota
Statutes, section 43A.316, including the option to purchase the
secure benefit set as defined under subdivision 6. Under this
option, public employers may purchase health coverage for their
employees through the public employees insurance program
beginning July 1, 2006.
new text end

new text begin (c) The purchasing authority shall include in the plan
described in paragraph (a) recommendations for:
new text end

new text begin (1) a process for permitting nursing homes and other
long-term care providers to purchase the secure benefit set
through the state health care purchasing authority as part of a
separate risk pool; and
new text end

new text begin (2) a process for permitting private employers with 49 or
fewer employees and individuals to purchase the secure benefit
set as part of a separate risk pool through the state health
care purchasing authority beginning January 1, 2009.
new text end

new text begin Subd. 5. new text end

new text begin Coordination and common standards for state
purchasing and regulation. new text end

new text begin The purchasing authority, in
consultation with all state agencies, boards, and commissioners
that have responsibility for purchasing or for regulating
individuals and organizations that provide health coverage or
deliver health care services, shall prepare and submit to the
governor and legislature by December 15, 2005, a report and
draft legislation that will:
new text end

new text begin (1) require all state purchasing and regulatory
requirements to use common standards and measurement methods for
quality and performance; and
new text end

new text begin (2) provide for the coordination of health care purchasing
strategies and activities administered by the state, including,
but not limited to, the state employees group insurance plan,
the public employees insurance program, purchasing activities
for public and private employers and individuals established
under subdivision 4, and health care programs administered by
the commissioner of human services or the commissioner of health.
new text end

new text begin Subd. 6. new text end

new text begin Secure benefit set development. new text end

new text begin The purchasing
authority, in consultation with a panel of health care policy
experts, shall define a secure benefit set that includes
coverage for preventive health services, as specified in
preventive services guidelines for children and adults developed
by the Institute for Clinical Systems Improvement, prescription
drug coverage, and catastrophic coverage. Nothing in this
section authorizes the purchasing authority to change the
benefits covered by the medical assistance, MinnesotaCare, or
general assistance medical care programs to the extent these
benefits are specified in state or federal law.
new text end

new text begin Subd. 7. new text end

new text begin Special populations. new text end

new text begin In developing a plan for
the unified purchasing of health care services and a secure
benefit set, the purchasing authority must take into account the
needs of special populations, including, but not limited to,
persons who are elderly or disabled and persons with chronic
conditions.
new text end

new text begin Subd. 8. new text end

new text begin Cost and quality disclosure. new text end

new text begin The purchasing
authority, in cooperation with organizations representing
consumers, employers, physicians and other health professionals,
hospitals, long-term care facilities, health plan companies,
quality improvement organizations, research and education
institutions, and other appropriate constituencies, shall
identify and contract with a private, nonprofit organization to
serve as a statewide source of comparative information on health
care costs and quality.
new text end

Sec. 29. new text begin LABOR AGREEMENTS AND COMPENSATION PLANS.
new text end

new text begin Subdivision 1. new text end

new text begin American federation of state, county, and
municipal employees. new text end

new text begin The arbitration award and labor agreement
between the state of Minnesota and the American Federation of
State, County, and Municipal Employees, unit 8, approved by the
Legislative Coordinating Commission Subcommittee on Employee
Relations on June 14, 2004, is ratified.
new text end

new text begin Subd. 2. new text end

new text begin Minnesota law enforcement association;
arbitration award. new text end

new text begin The arbitration award between the state of
Minnesota and the Minnesota Law Enforcement Association,
approved by the Legislative Coordinating Commission Subcommittee
on Employee Relations on June 14, 2004, is ratified.
new text end

new text begin Subd. 3. new text end

new text begin Higher education services office; compensation
plan. new text end

new text begin The compensation plan for unrepresented employees of the
Higher Education Services Office, approved by the Legislative
Coordinating Commission Subcommittee on Employee Relations on
June 14, 2004, is ratified.
new text end

new text begin Subd. 4. new text end

new text begin Minnesota law enforcement association;
bargaining agreement. new text end

new text begin The collective bargaining agreement
between the state of Minnesota and the Minnesota Law Enforcement
Association, submitted to the Legislative Coordinating
Commission Subcommittee on Employee Relations on September 29,
2004, and implemented after 30 days on October 30, 2004, is
ratified.
new text end

new text begin Subd. 5. new text end

new text begin Inter faculty organization. new text end

new text begin The collective
bargaining agreement between the state of Minnesota and the
Inter Faculty Organization, submitted to the Legislative
Coordinating Commission Subcommittee on Employee Relations on
September 29, 2004, and implemented after 30 days on October 29,
2004, is ratified.
new text end

new text begin Subd. 6. new text end

new text begin Minnesota nurses association. new text end

new text begin The arbitration
award and the collective bargaining agreement between the state
of Minnesota and the Minnesota Nurses Association, approved by
the Legislative Coordinating Commission Subcommittee on Employee
Relations on December 20, 2004, is ratified.
new text end

new text begin Subd. 7. new text end

new text begin Teachers retirement association. new text end

new text begin The proposal
to increase the salary of the executive director of the Teachers
Retirement Association, as modified and approved by the
Legislative Coordinating Commission Subcommittee on Employee
Relations on December 20, 2004, is ratified.
new text end

new text begin Subd. 8. new text end

new text begin Minnesota state retirement system. new text end

new text begin The proposal
to increase the salary of the executive director of the
Minnesota State Retirement System, as modified and approved by
the Legislative Coordinating Commission Subcommittee on Employee
Relations on December 20, 2004, is ratified.
new text end

new text begin Subd. 9. new text end

new text begin Public employees retirement association. new text end

new text begin The
proposal to increase the salary of the executive director of the
Public Employees Retirement Association, as modified and
approved by the Legislative Coordinating Commission Subcommittee
on Employee Relations on December 20, 2004, is ratified.
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. 30. new text begin VOLUNTARY UNPAID LEAVE OF ABSENCE.
new text end

new text begin (a) Appointing authorities in state government may allow
each employee to take unpaid leaves of absence for up to 1,040
hours between July 1, 2005, and June 30, 2007. 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, if
payments are made under paragraph (b), accrue service credit and
credited salary in the state retirement plans as if the employee
has 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.
new text end

new text begin (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
applicable pension plan.
new text end

Sec. 31. new text begin TRAINING SERVICES.
new text end

new text begin During the biennium ending June 30, 2007, 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. 32. new text begin PORTRAITS IN CAPITOL.
new text end

new text begin The Capitol Area Architectural and Planning Board, in
consultation with the Minnesota Historical Society, must request
the Smithsonian Institute to extend the period during which the
portraits of Julia Finch Gilbert and Cass Gilbert are displayed
in the Capitol building. In negotiating an extension of the
loan period, the board must request that the portraits remain on
display in the Capitol when they are not being publicly
displayed elsewhere, but must recognize that it is desirable for
the portraits to be displayed in other buildings designed by
Cass Gilbert, in conjunction with centennial celebrations for
those buildings.
new text end

Sec. 33. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, sections 16B.52; and 363A.29,
subdivision 2, are repealed.
new text end

ARTICLE 3

ELECTRONIC REAL ESTATE RECORDING

Section 1.

Minnesota Statutes 2004, section 507.093, is
amended to read:

507.093 STANDARDS FOR DOCUMENTS TO BE RECORDED OR FILED.

(a) The following standards are imposed on documents to be
recorded with the county recorder or filed with the registrar of
titles:

(1) The document shall consist of one or more individual
sheets measuring no larger than 8.5 inches by 14 inches.

(2) The form of the document shall be printed, typewritten,
or computer generated in black ink and the form of the document
shall not be smaller than 8-point type.

(3) The document shall be on white paper of not less than
20-pound weight with no background color, images, or writing and
shall have a clear border of approximately one-half inch on the
top, bottom, and each side.

(4) The first page of the document shall contain a blank
space at the top measuring three inches, as measured from the
top of the page. The right half to be used by the county
recorder for recording information or registrar of titles for
filing information and the left half to be used by the county
auditor or treasurer for certification.

(5) The title of the document shall be prominently
displayed at the top of the first page below the blank space
referred to in clause (4).

(6) No additional sheet shall be attached or affixed to a
page that covers up any information or printed part of the form.

(7) A document presented for recording or filing must be
sufficiently legible to reproduce a readable copy using the
county recorder's or registrar of title's current method of
reproduction.

new text begin (b) new text end The standards in deleted text begin this deleted text end paragraph new text begin (a) new text end do not apply to a
document that is recorded or filed as part of a pilot project
for the electronic filing of real estate documents implemented
by the task force created in Laws 2000, chapter 391 new text begin , or under
standards established by the Electronic Real Estate Recording
Task Force created under article 3, section 3 of this act. A
county that participated in the pilot project for the electronic
filing of real estate documents under the task force created in
Laws 2000, chapter 391, may continue to record or file documents
electronically, if:
new text end

new text begin (1) the county complies with standards adopted by that task
force; and
new text end

new text begin (2) the county uses software that was validated by that
task force.
new text end

new text begin (c) A county that did not participate in the pilot project
may record or file a real estate document electronically, if:
new text end

new text begin (i) the document to be recorded or filed is of a type
included in the pilot project for the electronic filing of real
estate documents under the task force created in Laws 2000,
chapter 391;
new text end

new text begin (ii) the county complies with the standards adopted by the
task force;
new text end

new text begin (iii) the county uses software that was validated by the
task force; and
new text end

new text begin (iv) the task force created under section 507.094 votes to
accept a written certification of compliance with paragraph (b),
clause (2), of this section by the county board and county
recorder of the county to implement electronic filing under this
section new text end .

deleted text begin (b) deleted text end new text begin (d) new text end The recording or filing fee for a document that
does not conform to the standards in paragraph (a) shall be
increased as provided in sections 357.18, subdivision 5; 508.82;
and 508A.82.

deleted text begin (c) deleted text end new text begin (e) new text end The recorder or registrar shall refund the
recording or filing fee to the applicant if the real estate
documents are not filed or registered within 30 days after
receipt, or as otherwise provided by section 386.30.

new text begin EFFECTIVE DATE. new text end

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

Sec. 2.

Minnesota Statutes 2004, section 507.24,
subdivision 2, is amended to read:

Subd. 2.

Original signatures required.

new text begin (a) new text end Unless
otherwise provided by law, an instrument affecting real estate
that is to be recorded as provided in this section or other
applicable law must contain the original signatures of the
parties who execute it and of the notary public or other officer
taking an acknowledgment. However, a financing statement that
is recorded as a filing pursuant to section 336.9-502(b) need
not contain: (1) the signatures of the debtor or the secured
party; or (2) an acknowledgment.

new text begin (b) new text end Any electronic instruments, including signatures and
seals, affecting real estate may only be recorded as part of a
pilot project for the electronic filing of real estate documents
implemented by the task force created in Laws 2000, chapter
391 deleted text begin . deleted text end new text begin , or by the Electronic Real Estate Recording Task Force
created under article 3, section 8 of this act. A county that
participated in the pilot project for the electronic filing of
real estate documents under the task force created in Laws 2000,
chapter 391, may continue to record or file documents
electronically, if:
new text end

new text begin (1) the county complies with standards adopted by the task
force; and
new text end

new text begin (2) the county uses software that was validated by the task
force.
new text end

new text begin A county that did not participate in the pilot project may
record or file a real estate document electronically, if:
new text end

new text begin (i) the document to be recorded or filed is of a type
included in the pilot project for the electronic filing of real
estate documents under the task force created in Laws 2000,
chapter 391;
new text end

new text begin (ii) the county complies with the standards adopted by the
task force;
new text end

new text begin (iii) the county uses software that was validated by the
task force; and
new text end

new text begin (iv) the task force created under article 3, section 8 of
this act, votes to accept a written certification of compliance
with paragraph (b), clause (2), of this section by the county
board and county recorder of the county to implement electronic
filing under this section.
new text end

new text begin (c) new text end Notices filed pursuant to section 168A.141,
subdivisions 1 and 3, need not contain an acknowledgment.

new text begin EFFECTIVE DATE. new text end

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

Sec. 3. new text begin ELECTRONIC REAL ESTATE RECORDING TASK FORCE.
new text end

new text begin Subdivision 1. new text end

new text begin Membership. new text end

new text begin (a) A task force of 14
members shall study and make recommendations for the
establishment of a system for the electronic filing and
recording of real estate documents. Members who are appointed
under this section shall serve for a term of two years
commencing on June 30, 2005. The task force shall select its
chair. The task force must include:
new text end

new text begin (1) three county government officials appointed by the
Association of County Officers, including one county recorder,
one county auditor, and one county treasurer;
new text end

new text begin (2) two county board members appointed by the Association
of Minnesota Counties, including one board member from within
the seven-county metropolitan area, and one board member from
outside the seven-county metropolitan area;
new text end

new text begin (3) seven members from the private sector appointed by the
governor, including representatives of:
new text end

new text begin (i) real estate attorneys, real estate agents, and public
and private land surveyors;
new text end

new text begin (ii) title companies, mortgage companies, and other real
estate lenders; and
new text end

new text begin (iii) technical and industry experts in electronic commerce
and electronic records management and preservation;
new text end

new text begin (4) a representative selected by the Minnesota Historical
Society; and
new text end

new text begin (5) the secretary of state.
new text end

new text begin (b) The task force may refer items to subcommittees. The
chair shall appoint the membership of a subcommittee. An
individual may be appointed to serve on a subcommittee without
serving on the task force.
new text end

new text begin Subd. 2. new text end

new text begin Study and recommendations. new text end

new text begin (a) The task force
shall continue the work of the task force created by Laws 2000,
chapter 391, to study and make recommendations regarding
implementation of a system for electronic filing and recording
of real estate documents. The task force shall consider:
new text end

new text begin (1) technology and computer needs;
new text end

new text begin (2) legal issues such as authenticity, security, timing and
priority of recordings, and the relationship between electronic
and paper recording systems;
new text end

new text begin (3) the cost-effectiveness of electronic recording systems;
new text end

new text begin (4) a timetable and plan for implementing an electronic
recording system, considering types of documents and entities
using the system and volume of recordings;
new text end

new text begin (5) the respective benefits and disadvantages of permissive
versus mandatory systems; and
new text end

new text begin (6) other relevant issues identified by the task force.
new text end

new text begin The task force shall review the Uniform Electronic
Recording Act as drafted by the National Conference of
Commissioners on Uniform State Laws.
new text end

new text begin The task force shall submit a report to the legislature by
January 15 of each year during its existence reporting on
progress toward the goals established in this section, and
outlining its work plan and budget. The task force expires June
30, 2007.
new text end

new text begin The task force may commence establishing standards for the
electronic recording of the remaining residential real estate
deed and mortgage documents and establish pilot projects to
complete the testing and functions of the task force established
in Laws 2000, chapter 391.
new text end

new text begin Subd. 3. new text end

new text begin Donations; reimbursement. new text end

new text begin The real estate task
force established under this act may accept donations of money
or resources, including loaned employees or other services. The
donations must be under the exclusive control of the task
force. The task force may also negotiate reimbursements for
services, including validation of software provided to counties
by this task force or the task force established by Laws 2000,
chapter 391, and expansion of pilot projects to additional
counties as described in this act. Reimbursements made under
this section are appropriated to the Legislative Coordinating
Commission for the use of the task force.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment and expires June 30, 2007.
new text end

ARTICLE 4

OFFICE OF ENTERPRISE TECHNOLOGY

Section 1.

Minnesota Statutes 2004, section 10A.01,
subdivision 35, is amended to read:

Subd. 35.

Public official.

"Public official" means any:

(1) member of the legislature;

(2) individual employed by the legislature as secretary of
the senate, legislative auditor, chief clerk of the house,
revisor of statutes, or researcher, legislative analyst, or
attorney in the Office of Senate Counsel and Research or House
Research;

(3) constitutional officer in the executive branch and the
officer's chief administrative deputy;

(4) solicitor general or deputy, assistant, or special
assistant attorney general;

(5) commissioner, deputy commissioner, or assistant
commissioner of any state department or agency as listed in
section 15.01 or 15.06 new text begin , or the state chief information officer new text end ;

(6) member, chief administrative officer, or deputy chief
administrative officer of a state board or commission that has
either the power to adopt, amend, or repeal rules under chapter
14, or the power to adjudicate contested cases or appeals under
chapter 14;

(7) individual employed in the executive branch who is
authorized to adopt, amend, or repeal rules under chapter 14 or
adjudicate contested cases under chapter 14;

(8) executive director of the State Board of Investment;

(9) deputy of any official listed in clauses (7) and (8);

(10) judge of the Workers' Compensation Court of Appeals;

(11) administrative law judge or compensation judge in the
State Office of Administrative Hearings or referee in the
Department of Employment and Economic Development;

(12) member, regional administrator, division director,
general counsel, or operations manager of the metropolitan
council;

(13) member or chief administrator of a metropolitan
agency;

(14) director of the Division of Alcohol and Gambling
Enforcement in the Department of Public Safety;

(15) member or executive director of the Higher Education
Facilities Authority;

(16) member of the board of directors or president of
Minnesota Technology, Inc.; or

(17) member of the board of directors or executive director
of the Minnesota State High School League.

Sec. 2.

Minnesota Statutes 2004, section 15.06,
subdivision 1, is amended to read:

Subdivision 1.

Applicability.

This section applies to
the following departments or agencies: the Departments of
Administration, Agriculture, Commerce, Corrections, Education,
Employee Relations, Employment and Economic Development,
Finance, Health, Human Rights, Labor and Industry, Natural
Resources, Public Safety, Human Services, Revenue,
Transportation, and Veterans Affairs; the Housing Finance and
Pollution Control Agencies; the Office of Commissioner of Iron
Range Resources and Rehabilitation; the Bureau of Mediation
Services; new text begin the Office of Enterprise Technology; new text end and their
successor departments and agencies. The heads of the foregoing
departments or agencies are "commissioners." new text begin For the purposes
of this section, references to "commissioner" include the head
of the Office of Enterprise Technology.
new text end

Sec. 3.

Minnesota Statutes 2004, section 16B.04,
subdivision 2, is amended to read:

Subd. 2.

Powers and duties, general.

Subject to other
provisions of this chapter, the commissioner is authorized to:

(1) supervise, control, review, and approve all state
contracts and purchasing;

(2) provide agencies with supplies and equipment and
operate all central store or supply rooms serving more than one
agency;

(3) deleted text begin approve all computer plans and contracts, and oversee
the state's data processing system;
deleted text end

deleted text begin (4) deleted text end investigate and study the management and organization
of agencies, and reorganize them when necessary to ensure their
effective and efficient operation;

deleted text begin (5) deleted text end new text begin (4) new text end manage and control state property, real and
personal;

deleted text begin (6) deleted text end new text begin (5) new text end maintain and operate all state buildings, as
described in section 16B.24, subdivision 1;

deleted text begin (7) deleted text end new text begin (6) new text end supervise, control, review, and approve all capital
improvements to state buildings and the capitol building and
grounds;

deleted text begin (8) deleted text end new text begin (7) new text end provide central duplicating, printing, and mail
facilities;

deleted text begin (9) deleted text end new text begin (8) new text end oversee publication of official documents and
provide for their sale;

deleted text begin (10) deleted text end new text begin (9) new text end manage and operate parking facilities for state
employees and a central motor pool for travel on state business;

deleted text begin (11) deleted text end new text begin (10) new text end establish and administer a State Building Code;
and

deleted text begin (12) deleted text end new text begin (11) new text end provide rental space within the capitol complex
for a private day care center for children of state employees.
The commissioner shall contract for services as provided in this
chapter. The commissioner shall report back to the legislature
by October 1, 1984, with the recommendation to implement the
private day care operation.

Sec. 4.

Minnesota Statutes 2004, section 16B.48,
subdivision 4, is amended to read:

Subd. 4.

Reimbursements.

Except as specifically provided
otherwise by law, each agency shall reimburse deleted text begin intertechnologies
and deleted text end new text begin the new text end general services revolving funds for the cost of all
services, supplies, materials, labor, and depreciation of
equipment, including reasonable overhead costs, which the
commissioner is authorized and directed to furnish an agency.
The cost of all publications or other materials produced by the
commissioner and financed from the general services revolving
fund must include reasonable overhead costs. The commissioner
of administration shall report the rates to be charged for deleted text begin each
deleted text end new text begin the general services new text end revolving deleted text begin fund deleted text end new text begin funds new text end no later than July 1
each year to the chair of the committee or division in the
senate and house of representatives with primary jurisdiction
over the budget of the Department of Administration. The
commissioner of finance shall make appropriate transfers to the
revolving funds described in this section when requested by the
commissioner of administration. The commissioner of
administration may make allotments, encumbrances, and, with the
approval of the commissioner of finance, disbursements in
anticipation of such transfers. In addition, the commissioner
of administration, with the approval of the commissioner of
finance, may require an agency to make advance payments to the
revolving funds in this section sufficient to cover the agency's
estimated obligation for a period of at least 60 days. All
reimbursements and other money received by the commissioner of
administration under this section must be deposited in the
appropriate revolving fund. Any earnings remaining in the fund
established to account for the documents service prescribed by
section 16B.51 at the end of each fiscal year not otherwise
needed for present or future operations, as determined by the
commissioners of administration and finance, must be transferred
to the general fund.

Sec. 5.

Minnesota Statutes 2004, section 16B.48,
subdivision 5, is amended to read:

Subd. 5.

Liquidation.

If the deleted text begin intertechnologies or
deleted text end general services revolving deleted text begin fund is deleted text end new text begin funds are new text end abolished or
liquidated, the total net profit from the operation of each fund
must be distributed to the various funds from which purchases
were made. The amount to be distributed to each fund must bear
to the net profit the same ratio as the total purchases from
each fund bears to the total purchases from all the funds during
the same period of time.

Sec. 6.

Minnesota Statutes 2004, section 16E.01,
subdivision 1, is amended to read:

Subdivision 1.

deleted text begin purpose deleted text end new text begin creation; chief information
officer new text end .

The Office of new text begin Enterprise new text end Technology, referred to in
this chapter as the "office," is deleted text begin under the supervision of the
commissioner of administration deleted text end new text begin an agency in the executive branch
headed by the state chief information officer. The appointment
of the chief information officer is subject to the advice and
consent of the senate under section 15.066 new text end .

new text begin Subd. 1a. new text end

new text begin Responsibilities. new text end

The office shall
provide new text begin oversight, new text end leadership new text begin , new text end and direction for information and
deleted text begin communications deleted text end new text begin telecommunications new text end technology policy new text begin and the
management and delivery of information and telecommunications
technology systems and services new text end in Minnesota. The office
shall deleted text begin coordinate deleted text end new text begin manage new text end strategic investments in information and
deleted text begin communications deleted text end new text begin telecommunications new text end technology new text begin systems and
services new text end to encourage the development of a technically literate
society deleted text begin and deleted text end new text begin , new text end to ensure sufficient access to and efficient
delivery of government services new text begin , and to maximize benefits for
the state government as an enterprise new text end .

Sec. 7.

Minnesota Statutes 2004, section 16E.01,
subdivision 3, is amended to read:

Subd. 3.

Duties.

(a) The office shall:

(1) deleted text begin coordinate deleted text end new text begin manage new text end the efficient and effective use of
available federal, state, local, and deleted text begin private deleted text end new text begin public-private
new text end resources to develop statewide information and deleted text begin communications
deleted text end new text begin telecommunications new text end technology new text begin systems and services new text end and its
infrastructure;

(2) deleted text begin review deleted text end new text begin approve new text end state agency and intergovernmental
information and deleted text begin communications deleted text end new text begin telecommunications technology
new text end systems new text begin and services new text end development efforts involving state or
intergovernmental funding, including federal funding, provide
information to the legislature regarding projects reviewed, and
recommend projects for inclusion in the governor's budget under
section 16A.11;

(3) deleted text begin encourage deleted text end new text begin ensure new text end cooperation and collaboration among
state and local governments in developing intergovernmental
deleted text begin communication and deleted text end information new text begin and telecommunications technology
new text end systems new text begin and services new text end , and define the structure and
responsibilities of deleted text begin the Information Policy Council deleted text end new text begin a
representative governance structure new text end ;

(4) cooperate and collaborate with the legislative and
judicial branches in the development of information and
communications systems in those branches;

(5) continue the development of North Star, the state's
official comprehensive on-line service and information
initiative;

(6) promote and collaborate with the state's agencies in
the state's transition to an effectively competitive
telecommunications market;

(7) collaborate with entities carrying out education and
lifelong learning initiatives to assist Minnesotans in
developing technical literacy and obtaining access to ongoing
learning resources;

(8) promote and coordinate public information access and
network initiatives, consistent with chapter 13, to connect
Minnesota's citizens and communities to each other, to their
governments, and to the world;

(9) promote and coordinate electronic commerce initiatives
to ensure that Minnesota businesses and citizens can
successfully compete in the global economy;

(10) new text begin manage and new text end promote deleted text begin and coordinate deleted text end the regular and
periodic reinvestment in the deleted text begin core deleted text end information deleted text begin communications deleted text end and
new text begin telecommunications new text end technology new text begin systems and services
new text end infrastructure so that state and local government agencies can
effectively and efficiently serve their customers;

(11) facilitate the cooperative development of new text begin and ensure
compliance with new text end standards new text begin and policies new text end for information new text begin and
telecommunications technology new text end systems new text begin and services new text end , electronic
data practices and privacy, and electronic commerce among
international, national, state, and local public and private
organizations; deleted text begin and
deleted text end

(12) deleted text begin work with others to avoid deleted text end new text begin eliminate new text end unnecessary
duplication of existing new text begin information and telecommunications
technology systems and new text end services provided by other public and
private organizations while building on the existing
governmental, educational, business, health care, and economic
development infrastructures new text begin ; and
new text end

new text begin (13) identify, sponsor, develop, and execute shared
information and telecommunications technology projects and
ongoing operations new text end .

(b) The deleted text begin commissioner of administration deleted text end new text begin chief information
officer new text end in consultation with the commissioner of finance deleted text begin may
deleted text end new text begin must new text end determine deleted text begin that deleted text end new text begin when new text end it is cost-effective for agencies to
develop and use shared information and deleted text begin communications
deleted text end new text begin telecommunications new text end technology systems new text begin and services new text end for the
delivery of electronic government services. deleted text begin This determination
may be made if an agency proposes a new system that duplicates
an existing system, a system in development, or a system being
proposed by another agency. deleted text end The deleted text begin commissioner of
administration deleted text end new text begin chief information officer may require agencies to
use shared information and telecommunications technology systems
and services. The chief information officer new text end shall establish
reimbursement rates in cooperation with the commissioner of
finance to be billed to agencies and other governmental entities
sufficient to cover the actual development, operating,
maintenance, and administrative costs of the shared systems.
The methodology for billing may include the use of interagency
agreements, or other means as allowed by law.

new text begin (c) With the consent of the subgroup created in section
16E.02, subdivision 1a, the commissioner of administration
shall, under section 16B.37, transfer from state agencies to the
Office of Enterprise Technology employees, powers, and functions
the commissioner deems necessary to the Office of Enterprise
Technology.
new text end

Sec. 8.

Minnesota Statutes 2004, section 16E.02, is
amended to read:

16E.02 OFFICE OF new text begin ENTERPRISE new text end TECHNOLOGY new text begin ; new text end STRUCTURE AND
PERSONNEL.

Subdivision 1.

Office management and structure.

new text begin (a) new text end The
deleted text begin commissioner of administration deleted text end new text begin chief information officer is
appointed by the governor. The chief information officer serves
in the unclassified service at the pleasure of the governor.
The chief information officer must have experience leading
enterprise-level information technology organizations. The
chief information officer new text end is the state's chief information
officer and new text begin information and telecommunications new text end technology
advisor to the governor.

new text begin (b) The chief information officer may appoint other
employees of the office. new text end The staff of the office must include
individuals knowledgeable in information and deleted text begin communications
deleted text end new text begin telecommunications new text end technology new text begin systems and services new text end .

new text begin Subd. 1a. new text end

new text begin Accountability. new text end

new text begin The chief information officer
reports to a subgroup of the governor's cabinet consisting of
the commissioners of administration, finance, human services,
revenue, and other commissioners as designated by the governor
and is accountable to this subgroup for compliance with all
provisions of this chapter.
new text end

Subd. 2.

Intergovernmental participation.

The
deleted text begin commissioner of administration deleted text end new text begin chief information officer new text end or the
deleted text begin commissioner's deleted text end new text begin chief information officer's new text end designee shall serve
as a member of deleted text begin the Minnesota Education Telecommunications
Council, deleted text end the Geographic Information Systems Council deleted text begin , deleted text end new text begin and new text end the
Library Planning Task Force deleted text begin , deleted text end or their respective successor
organizations deleted text begin , deleted text end and as a new text begin nonvoting new text end member of deleted text begin Minnesota
Technology, Inc. and deleted text end the Minnesota Health Data Institute deleted text begin as a
nonvoting member deleted text end .

new text begin Subd. 3. new text end

new text begin Administrative support. new text end

new text begin The commissioner of
administration must provide office space and administrative
support services to the office. The office must reimburse the
commissioner for these services.
new text end

Sec. 9.

Minnesota Statutes 2004, section 16E.03,
subdivision 1, is amended to read:

Subdivision 1.

Definitions.

For the purposes of deleted text begin sections
16E.03 to 16E.05 deleted text end new text begin chapter 16E new text end , the following terms have the
meanings given them.

new text begin (a) "Information and telecommunications technology systems
and services" means all computing and telecommunications
hardware and software and the activities undertaken to acquire,
transport, process, analyze, store, and disseminate information
electronically. "Information and telecommunications technology
systems and services" includes all proposed expenditures for
computing and telecommunications hardware and software, and
related consulting or other professional services.
new text end

deleted text begin (a) deleted text end new text begin (b) new text end "Information and deleted text begin communications deleted text end new text begin telecommunications
new text end technology project" means deleted text begin the development or acquisition of
information and communications technology devices and systems,
but does not include the state information infrastructure or its
contractors.
deleted text end

deleted text begin (b) "Data processing device or system" means equipment or
computer programs, including computer hardware, firmware,
software, and communication protocols, used in connection with
the processing of information through electronic data processing
means, and includes data communication devices used in
connection with computer facilities for the transmission of data.
deleted text end new text begin an effort to acquire or produce information and
telecommunications technology systems and services.
new text end

new text begin (c) "Telecommunications" means voice, video, and data
electronic transmissions transported by wire, wireless,
fiber-optic, radio, or other available transport technology.
new text end

new text begin (d) "Cyber security" means the protection of data and
systems in networks connected to the Internet.
new text end

deleted text begin (c) deleted text end new text begin (e) new text end "State agency" means an agency in the executive
branch of state government and includes the Minnesota Higher
Education Services Office new text begin , but does not include the Minnesota
State Colleges and Universities unless specifically provided
elsewhere in this chapter new text end .

Sec. 10.

Minnesota Statutes 2004, section 16E.03,
subdivision 2, is amended to read:

Subd. 2.

deleted text begin commissioner's deleted text end new text begin chief information officer
new text end responsibility.

The deleted text begin commissioner deleted text end new text begin chief information officer
new text end shall coordinate the state's information and deleted text begin communications
deleted text end new text begin telecommunications new text end technology systems new text begin and services new text end to serve the
needs of the state government. The deleted text begin commissioner deleted text end new text begin chief
information officer new text end shall:

(1) deleted text begin coordinate the deleted text end design deleted text begin of deleted text end a master plan for information
and deleted text begin communications deleted text end new text begin telecommunications new text end technology systems new text begin and
services new text end in the state and its political subdivisions and shall
report on the plan to the governor and legislature at the
beginning of each regular session;

(2) coordinate new text begin , review, and approve new text end all information and
deleted text begin communications deleted text end new text begin telecommunications new text end technology deleted text begin plans and contracts
deleted text end new text begin projects new text end and oversee the state's information and deleted text begin communications
deleted text end new text begin telecommunications technology new text end systems new text begin and services new text end ;

(3) establish new text begin and enforce compliance with new text end standards for
information and deleted text begin communications deleted text end new text begin telecommunications technology
new text end systems new text begin and services new text end that deleted text begin encourage competition deleted text end new text begin are
cost-effective new text end and support open systems environments and that
are compatible with new text begin state, new text end national new text begin , new text end and international
standards; deleted text begin and
deleted text end

(4) maintain a library of systems and programs developed by
the state and its political subdivisions for use by agencies of
government new text begin ; and
new text end

new text begin (5) direct and manage the shared operations of the state's
information and telecommunications technology systems and
services new text end .

Sec. 11.

Minnesota Statutes 2004, section 16E.03,
subdivision 3, is amended to read:

Subd. 3.

Evaluation and approval.

A state agency may not
undertake an information and deleted text begin communications deleted text end new text begin telecommunications
new text end technology project until it has been evaluated according to the
procedures developed under subdivision 4. The deleted text begin governor or
governor's designee deleted text end new text begin chief information officer new text end shall give written
approval of the proposed project. deleted text begin If the proposed project is
not approved deleted text end new text begin When notified by the chief information officer that
a project has not been approved new text end , the commissioner of finance
shall cancel the unencumbered balance of any appropriation
allotted for the project. deleted text begin This subdivision does not apply to
acquisitions or development of information and communications
systems that have anticipated total cost of less than $100,000.
The Minnesota State Colleges and Universities shall submit for
approval any project related to acquisitions or development of
information and communications systems that has a total
anticipated cost of more than $250,000.
deleted text end

Sec. 12.

Minnesota Statutes 2004, section 16E.03,
subdivision 7, is amended to read:

Subd. 7.

deleted text begin data deleted text end new text begin cyber new text end security systems.

In consultation
with the attorney general and appropriate agency heads, the
deleted text begin commissioner deleted text end new text begin chief information officer new text end shall develop deleted text begin data deleted text end new text begin cyber
new text end security policies, guidelines, and standards, and deleted text begin the
commissioner of administration deleted text end shall install and administer
state data security systems on the state's deleted text begin centralized deleted text end computer
deleted text begin facility deleted text end new text begin facilities new text end consistent with these policies, guidelines,
standards, and state law to ensure the integrity of
computer-based and other data and to ensure applicable
limitations on access to data, consistent with the public's
right to know as defined in chapter 13. Each department or
agency head is responsible for the security of the department's
or agency's data new text begin within the guidelines of established enterprise
policy new text end .

Sec. 13.

Minnesota Statutes 2004, section 16E.04, is
amended to read:

16E.04 INFORMATION AND deleted text begin COMMUNICATIONS deleted text end new text begin TELECOMMUNICATIONS
new text end TECHNOLOGY POLICY.

Subdivision 1.

Development.

The office shall deleted text begin coordinate
with state agencies in developing and establishing deleted text end new text begin develop,
establish, and enforce new text end policies and standards for state agencies
to follow in developing and purchasing information and
deleted text begin communications deleted text end new text begin telecommunications technology new text end systems new text begin and
services new text end and training appropriate persons in their use. The
office shall develop, promote, and deleted text begin coordinate deleted text end new text begin manage new text end state
technology, architecture, standards and guidelines, information
needs analysis techniques, contracts for the purchase of
equipment and services, and training of state agency personnel
on these issues.

Subd. 2.

Responsibilities.

(a) In addition to other
activities prescribed by law, the office shall carry out the
duties set out in this subdivision.

(b) The office shall develop and establish a state
information architecture to ensure that deleted text begin further deleted text end state agency
development and purchase of information and communications
systems, equipment, and services is designed to ensure that
individual agency information systems complement and do not
needlessly duplicate or conflict with the systems of other
agencies. When state agencies have need for the same or similar
public data, the deleted text begin commissioner deleted text end new text begin chief information officer new text end , in
coordination with the affected agencies, shall deleted text begin promote deleted text end new text begin manage
new text end the most efficient and cost-effective method of producing and
storing data for or sharing data between those agencies. The
development of this information architecture must include the
establishment of standards and guidelines to be followed by
state agencies. new text begin The office shall ensure compliance with the
architecture.
new text end

(c) The office shall assist state agencies in the planning
and management of information systems so that an individual
information system reflects and supports the state agency's
mission and the state's requirements and functions. new text begin The office
shall review and approve agency technology plans to ensure
consistency with enterprise information and telecommunications
technology strategy.
new text end

(d) The office shall review new text begin and approve new text end agency requests for
deleted text begin legislative appropriations deleted text end new text begin funding new text end for the development or
purchase of information systems equipment or software new text begin before the
requests may be included in the governor's budget new text end .

(e) The office shall review major purchases of information
systems equipment to:

(1) ensure that the equipment follows the standards and
guidelines of the state information architecture;

(2) ensure deleted text begin that the equipment is consistent with the
information management principles adopted by the Information
Policy Council;
deleted text end

deleted text begin (3) evaluate whether deleted text end the agency's proposed purchase
reflects a cost-effective policy regarding volume purchasing;
and

deleted text begin (4) deleted text end new text begin (3) new text end ensure that the equipment is consistent with other
systems in other state agencies so that data can be shared among
agencies, unless the office determines that the agency
purchasing the equipment has special needs justifying the
inconsistency.

(f) The office shall review the operation of information
systems by state agencies and deleted text begin provide advice and assistance to
deleted text end ensure that these systems are operated efficiently and
continually meet the standards and guidelines established by the
office. The standards and guidelines must emphasize
uniformity new text begin that is cost-effective for the enterprise, new text end that
encourages information interchange, open systems environments,
and portability of information whenever practicable and
consistent with an agency's authority and chapter 13.

(g) The office shall conduct a comprehensive review at
least every three years of the information systems investments
that have been made by state agencies and higher education
institutions. The review must include recommendations on any
information systems applications that could be provided in a
more cost-beneficial manner by an outside source. The office
must report the results of its review to the legislature and the
governor.

Subd. 3.

Risk assessment and mitigation.

(a) A risk
assessment and risk mitigation plan are required for deleted text begin an deleted text end new text begin all
new text end information systems development deleted text begin project estimated to cost more
than $1,000,000 that is deleted text end new text begin projects new text end undertaken by a state agency in
the executive or judicial branch or by a constitutional officer.
The deleted text begin commissioner of administration deleted text end new text begin chief information officer
new text end must contract with an entity outside of state government to
conduct the new text begin initial new text end assessment and prepare the mitigation plan
for a project estimated to cost more than $5,000,000. The
outside entity conducting the risk assessment and preparing the
mitigation plan must not have any other direct or indirect
financial interest in the project. The risk assessment and risk
mitigation plan must provide for periodic monitoring by the
commissioner until the project is completed.

(b) The risk assessment and risk mitigation plan must be
paid for with money appropriated for the information deleted text begin systems
development deleted text end new text begin and telecommunications technology new text end project. new text begin The
chief information officer must notify the commissioner of
finance when work has begun on a project and must identify the
proposed budget for the project. The commissioner of finance
shall ensure that new text end no more than ten percent of the deleted text begin amount
anticipated to deleted text end new text begin proposed budget new text end be spent on the project, other
than the money spent on the risk assessment and risk mitigation
plan, deleted text begin may be deleted text end new text begin is new text end spent until the risk assessment and mitigation
plan are reported to the deleted text begin commissioner of administration deleted text end new text begin chief
information officer new text end and the deleted text begin commissioner deleted text end new text begin chief information
officer new text end has approved the risk mitigation plan.

Sec. 14.

Minnesota Statutes 2004, section 16E.0465,
subdivision 1, is amended to read:

Subdivision 1.

Application.

This section applies to an
appropriation of more than $1,000,000 of state or federal funds
to a state agency for any information and deleted text begin communications
deleted text end new text begin telecommunications new text end technology project deleted text begin or data processing device
or system deleted text end or for any phase of such a project, device, or
system. For purposes of this section, an appropriation of state
or federal funds to a state agency includes an appropriation:

deleted text begin (1) to the Minnesota State Colleges and Universities;
deleted text end

deleted text begin (2) to a constitutional officer;
deleted text end

deleted text begin (3) deleted text end new text begin (1) new text end for a project that includes both a state agency and
units of local government; and

deleted text begin (4) deleted text end new text begin (2) new text end to a state agency for grants to be made to other
entities.

Sec. 15.

Minnesota Statutes 2004, section 16E.0465,
subdivision 2, is amended to read:

Subd. 2.

Required review and approval.

(a) A state
agency receiving an appropriation for an information and
deleted text begin communications deleted text end new text begin telecommunications new text end technology project deleted text begin or data
processing device or system deleted text end subject to this section must divide
the project into phases.

(b) The commissioner of finance may not authorize the
encumbrance or expenditure of an appropriation of state funds to
a state agency for any phase of a project, device, or system
subject to this section unless the Office of new text begin Enterprise
new text end Technology has reviewed each phase of the project, device, or
system, and based on this review, the deleted text begin commissioner of
administration deleted text end new text begin chief information officer new text end has determined for each
phase that:

(1) the project is compatible with the state information
architecture and other policies and standards established by the
deleted text begin commissioner of administration deleted text end new text begin chief information officer new text end ; deleted text begin and
deleted text end

(2) the agency is able to accomplish the goals of the phase
of the project with the funds appropriated new text begin ; and
new text end

new text begin (3) the project supports the enterprise information
technology strategy new text end .

Sec. 16.

Minnesota Statutes 2004, section 16E.055, is
amended to read:

16E.055 deleted text begin COMMON WEB FORMAT deleted text end new text begin ELECTRONIC GOVERNMENT SERVICES new text end .

A state agency that implements electronic government
services for fees, licenses, sales, or other purposes must use deleted text begin a
common Web page format approved by the commissioner of
administration for those electronic government services. The
commissioner may create a deleted text end new text begin the new text end single entry site new text begin created by the
chief information officer new text end for all agencies to use for electronic
government services.

Sec. 17.

Minnesota Statutes 2004, section 16E.07,
subdivision 8, is amended to read:

Subd. 8.

Secure transaction system.

The office shall
plan and develop a secure transaction system to support delivery
of government services electronically. new text begin A state agency that
implements electronic government services for fees, licenses,
sales, or other purposes must use the secure transaction system
developed in accordance with this section.
new text end

Sec. 18.

new text begin [16E.14] ENTERPRISE TECHNOLOGY REVOLVING FUND.
new text end

new text begin Subdivision 1. new text end

new text begin Creation. new text end

new text begin The enterprise technology
revolving fund is created in the state treasury.
new text end

new text begin Subd. 2. new text end

new text begin Appropriation and uses of fund. new text end

new text begin Money in the
enterprise technology revolving fund is appropriated annually to
the chief information officer to operate information and
telecommunications services, including management, consultation,
and design services.
new text end

new text begin Subd. 3. new text end

new text begin Reimbursements. new text end

new text begin Except as specifically provided
otherwise by law, each agency shall reimburse the enterprise
technology revolving fund for the cost of all services,
supplies, materials, labor, and depreciation of equipment,
including reasonable overhead costs, which the chief information
officer is authorized and directed to furnish an agency. The
chief information officer shall report the rates to be charged
for the revolving fund no later than July 1 each year to the
chair of the committee or division in the senate and house of
representatives with primary jurisdiction over the budget of the
Office of Enterprise Technology.
new text end

new text begin Subd. 4. new text end

new text begin Cash flow. new text end

new text begin The commissioner of finance shall
make appropriate transfers to the revolving fund when requested
by the chief information officer. The chief information officer
may make allotments and encumbrances in anticipation of such
transfers. In addition, the chief information officer, with the
approval of the commissioner of finance, may require an agency
to make advance payments to the revolving fund sufficient to
cover the office's estimated obligation for a period of at least
60 days. All reimbursements and other money received by the
chief information officer under this section must be deposited
in the enterprise technology revolving fund.
new text end

new text begin Subd. 5. new text end

new text begin Liquidation. new text end

new text begin If the enterprise technology
revolving fund is abolished or liquidated, the total net profit
from the operation of the fund must be distributed to the
various funds from which purchases were made. The amount to be
distributed to each fund must bear to the net profit the same
ratio as the total purchases from each fund bears to the total
purchases from all the funds during the same period of time.
new text end

Sec. 19.

Minnesota Statutes 2004, section 299C.65,
subdivision 1, is amended to read:

Subdivision 1.

Membership, duties.

(a) The Criminal and
Juvenile Justice Information Policy Group consists of the
commissioner of corrections, the commissioner of public safety,
the deleted text begin commissioner of administration deleted text end new text begin state chief information
officer new text end , the commissioner of finance, and four members of the
judicial branch appointed by the chief justice of the Supreme
Court. The policy group may appoint additional, nonvoting
members as necessary from time to time.

(b) The commissioner of public safety is designated as the
chair of the policy group. The commissioner and the policy
group have overall responsibility for the successful completion
of statewide criminal justice information system integration
(CriMNet). The policy group may hire a program manager to
manage the CriMNet projects and to be responsible for the
day-to-day operations of CriMNet. The policy group must ensure
that generally accepted project management techniques are
utilized for each CriMNet project, including:

(1) clear sponsorship;

(2) scope management;

(3) project planning, control, and execution;

(4) continuous risk assessment and mitigation;

(5) cost management;

(6) quality management reviews;

(7) communications management; and

(8) proven methodology.

(c) Products and services for CriMNet project management,
system design, implementation, and application hosting must be
acquired using an appropriate procurement process, which
includes:

(1) a determination of required products and services;

(2) a request for proposal development and identification
of potential sources;

(3) competitive bid solicitation, evaluation, and
selection; and

(4) contract administration and close-out.

(d) The policy group shall study and make recommendations
to the governor, the Supreme Court, and the legislature on:

(1) a framework for integrated criminal justice information
systems, including the development and maintenance of a
community data model for state, county, and local criminal
justice information;

(2) the responsibilities of each entity within the criminal
and juvenile justice systems concerning the collection,
maintenance, dissemination, and sharing of criminal justice
information with one another;

(3) actions necessary to ensure that information maintained
in the criminal justice information systems is accurate and
up-to-date;

(4) the development of an information system containing
criminal justice information on gross misdemeanor-level and
felony-level juvenile offenders that is part of the integrated
criminal justice information system framework;

(5) the development of an information system containing
criminal justice information on misdemeanor arrests,
prosecutions, and convictions that is part of the integrated
criminal justice information system framework;

(6) comprehensive training programs and requirements for
all individuals in criminal justice agencies to ensure the
quality and accuracy of information in those systems;

(7) continuing education requirements for individuals in
criminal justice agencies who are responsible for the
collection, maintenance, dissemination, and sharing of criminal
justice data;

(8) a periodic audit process to ensure the quality and
accuracy of information contained in the criminal justice
information systems;

(9) the equipment, training, and funding needs of the state
and local agencies that participate in the criminal justice
information systems;

(10) the impact of integrated criminal justice information
systems on individual privacy rights;

(11) the impact of proposed legislation on the criminal
justice system, including any fiscal impact, need for training,
changes in information systems, and changes in processes;

(12) the collection of data on race and ethnicity in
criminal justice information systems;

(13) the development of a tracking system for domestic
abuse orders for protection;

(14) processes for expungement, correction of inaccurate
records, destruction of records, and other matters relating to
the privacy interests of individuals; and

(15) the development of a database for extended
jurisdiction juvenile records and whether the records should be
public or private and how long they should be retained.

Sec. 20.

Minnesota Statutes 2004, section 299C.65,
subdivision 2, is amended to read:

Subd. 2.

Report, task force.

(a) The policy group shall
file an annual report with the governor, Supreme Court, and
chairs and ranking minority members of the senate and house
committees and divisions with jurisdiction over criminal justice
funding and policy by December 1 of each year.

(b) The report must make recommendations concerning any
legislative changes or appropriations that are needed to ensure
that the criminal justice information systems operate accurately
and efficiently. To assist them in developing their
recommendations, the policy group shall appoint a task force
consisting of its members or their designees and the following
additional members:

(1) the director of the Office of Strategic and Long-Range
Planning;

(2) two sheriffs recommended by the Minnesota Sheriffs
Association;

(3) two police chiefs recommended by the Minnesota Chiefs
of Police Association;

(4) two county attorneys recommended by the Minnesota
County Attorneys Association;

(5) two city attorneys recommended by the Minnesota League
of Cities;

(6) two public defenders appointed by the Board of Public
Defense;

(7) two district judges appointed by the Conference of
Chief Judges, one of whom is currently assigned to the juvenile
court;

(8) two community corrections administrators recommended by
the Minnesota Association of Counties, one of whom represents a
community corrections act county;

(9) two probation officers;

(10) four public members, one of whom has been a victim of
crime, and two who are representatives of the private business
community who have expertise in integrated information systems;

(11) two court administrators;

(12) one member of the house of representatives appointed
by the speaker of the house;

(13) one member of the senate appointed by the majority
leader;

(14) the attorney general or a designee;

(15) the deleted text begin commissioner of administration deleted text end new text begin state chief
information officer new text end or a designee;

(16) an individual recommended by the Minnesota League of
Cities; and

(17) an individual recommended by the Minnesota Association
of Counties.

In making these appointments, the appointing authority shall
select members with expertise in integrated data systems or best
practices.

(c) The commissioner of public safety may appoint
additional, nonvoting members to the task force as necessary
from time to time.

Sec. 21.

Minnesota Statutes 2004, section 403.36,
subdivision 1, is amended to read:

Subdivision 1.

Membership.

(a) The commissioner of
public safety shall convene and chair the Statewide Radio Board
to develop a project plan for a statewide, shared, trunked
public safety radio communication system. The system may be
referred to as "Allied Radio Matrix for Emergency Response," or
"ARMER."

(b) The board consists of the following members or their
designees:

(1) the commissioner of public safety;

(2) the commissioner of transportation;

(3) the deleted text begin commissioner of administration deleted text end new text begin state chief
information officer new text end ;

(4) the commissioner of natural resources;

(5) the chief of the Minnesota State Patrol;

(6) the commissioner of health;

(7) the commissioner of finance;

(8) two elected city officials, one from the nine-county
metropolitan area and one from Greater Minnesota, appointed by
the governing body of the League of Minnesota Cities;

(9) two elected county officials, one from the nine-county
metropolitan area and one from Greater Minnesota, appointed by
the governing body of the Association of Minnesota Counties;

(10) two sheriffs, one from the nine-county metropolitan
area and one from Greater Minnesota, appointed by the governing
body of the Minnesota Sheriffs' Association;

(11) two chiefs of police, one from the nine-county
metropolitan area and one from Greater Minnesota, appointed by
the governor after considering recommendations made by the
Minnesota Chiefs' of Police Association;

(12) two fire chiefs, one from the nine-county metropolitan
area and one from Greater Minnesota, appointed by the governor
after considering recommendations made by the Minnesota Fire
Chiefs' Association;

(13) two representatives of emergency medical service
providers, one from the nine-county metropolitan area and one
from Greater Minnesota, appointed by the governor after
considering recommendations made by the Minnesota Ambulance
Association;

(14) the chair of the Metropolitan Radio Board; and

(15) a representative of Greater Minnesota elected by those
units of government in phase three and any subsequent phase of
development as defined in the statewide, shared radio and
communication plan, who have submitted a plan to the Statewide
Radio Board and where development has been initiated.

(c) The Statewide Radio Board shall coordinate the
appointment of board members representing Greater Minnesota with
the appointing authorities and may designate the geographic
region or regions from which an appointed board member is
selected where necessary to provide representation from
throughout the state.

Sec. 22. new text begin TRANSFER OF DUTIES.
new text end

new text begin Responsibilities of the commissioner of administration for
state telecommunications systems, state information
infrastructure, and electronic conduct of state business under
Minnesota Statutes, sections 16B.405; 16B.44; 16B.46; 16B.465;
16B.466; and 16B.467, are transferred to the Office of
Enterprise Technology. All positions in the Office of
Technology and the Intertechnologies Group are transferred to
the Office of Enterprise Technology. Minnesota Statutes,
section 15.039, applies to the transfer of responsibilities in
this section.
new text end

Sec. 23. new text begin REVISOR INSTRUCTION.
new text end

new text begin In the next and subsequent editions of Minnesota Statutes,
the revisor of statutes shall:
new text end

new text begin (1) substitute the term "chief information officer" for
"commissioner" and "commissioner of administration" in the
following sections: 16B.405; 16B.44; 16B.46; 16B.465; 16B.466;
16B.467; 16E.03, subdivisions 4, 5, 6, and 8; 16E.035; and
16E.07, subdivision 4;
new text end

new text begin (2) substitute the term "Office of Enterprise Technology"
for the term "Office of Technology"; and
new text end

new text begin (3) recodify the following sections into chapter 16E:
16B.405; 16B.44; 16B.46; 16B.465; 16B.466; and 16B.467.
new text end

Sec. 24. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, sections 16B.48, subdivision 3;
and 16E.0465, subdivision 3, are repealed.
new text end

ARTICLE 5

ELECTIONS

Section 1.

Minnesota Statutes 2004, section 10A.01,
subdivision 9, is amended to read:

Subd. 9.

Campaign expenditure.

"Campaign expenditure" or
"expenditure" means a purchase or payment of money or anything
of value, or an advance of credit, made or incurred for the
purpose of influencing the nomination or election of a candidate
or for the purpose of promoting or defeating a ballot question.

new text begin "Campaign expenditure" includes payments for funeral gifts
or memorials.
new text end

An expenditure is considered to be made in the year in
which the candidate made the purchase of goods or services or
incurred an obligation to pay for goods or services.

An expenditure made for the purpose of defeating a
candidate is considered made for the purpose of influencing the
nomination or election of that candidate or any opponent of that
candidate.

Except as provided in clause (1), "expenditure" includes
the dollar value of a donation in kind.

"Expenditure" does not include:

(1) noncampaign disbursements as defined in subdivision 26;

(2) services provided without compensation by an individual
volunteering personal time on behalf of a candidate, ballot
question, political committee, political fund, principal
campaign committee, or party unit; or

(3) the publishing or broadcasting of news items or
editorial comments by the news media.

Sec. 2.

Minnesota Statutes 2004, section 10A.071,
subdivision 3, is amended to read:

Subd. 3.

Exceptions.

(a) The prohibitions in this
section do not apply if the gift is:

(1) a contribution as defined in section 10A.01,
subdivision 11;

(2) services to assist an official in the performance of
official duties, including but not limited to providing advice,
consultation, information, and communication in connection with
legislation, and services to constituents;

(3) services of insignificant monetary value;

(4) a plaque or similar memento recognizing individual
services in a field of specialty or to a charitable cause;

(5) a trinket or memento deleted text begin of insignificant deleted text end new text begin with a fair
market new text end value new text begin of $3 or less new text end ;

(6) informational material of unexceptional value; deleted text begin or
deleted text end

(7) food or a beverage given at a reception, meal, or
meeting away from the recipient's place of work by an
organization before whom the recipient appears to make a speech
or answer questions as part of a program new text begin ; or
new text end

new text begin (8) food or a beverage given at a reception held within the
seven-county metropolitan area while the legislature is in
session and to which all members of the legislature have been
invited, and the cost does not exceed $5 for each legislator new text end .

(b) The prohibitions in this section do not apply if the
gift is given:

(1) because of the recipient's membership in a group, a
majority of whose members are not officials, and an equivalent
gift is given to the other members of the group; or

(2) by a lobbyist or principal who is a member of the
family of the recipient, unless the gift is given on behalf of
someone who is not a member of that family.

Sec. 3.

Minnesota Statutes 2004, section 135A.17,
subdivision 2, is amended to read:

Subd. 2.

Residential housing list.

All new text begin public
new text end postsecondary institutions deleted text begin that enroll students accepting state
or federal financial aid may deleted text end new text begin in the state, and all private
postsecondary institutions regulated by chapter 136A or 141,
shall new text end prepare a current list of deleted text begin students deleted text end new text begin the name and address of
each student new text end enrolled in the institution and residing in the
institution's housing or new text begin in other housing new text end within deleted text begin ten miles
of deleted text end new text begin the county, or a county contiguous to the county, where new text end the
institution's campus new text begin is located. Institutions that do not
consider student addresses to be public information under
applicable federal and state privacy laws shall make release
forms available to all students authorizing the institution to
provide the addresses to the county auditor new text end . The list
shall deleted text begin include each student's current deleted text end new text begin be based on the most recent
residence new text end address new text begin the student has provided to the institution.
If the student gives the institution, before the list is sent to
the county auditor or auditors, a written request that the
student's name and residence address be omitted from the list,
the institution must honor the request new text end . The list shall be
certified and sent to the appropriate county auditor or auditors
for use in election day registration as provided under section
201.061, subdivision 3.

Sec. 4.

Minnesota Statutes 2004, section 200.02,
subdivision 7, is amended to read:

Subd. 7.

Major political party.

(a) "Major political
party" means a political party that maintains a party
organization in the state, political division or precinct in
question and that has presented at least one candidate for
election to the office of:

(1) governor and lieutenant governor, secretary of state,
state auditor, or attorney general at the last preceding state
general election for those offices; or

(2) presidential elector or U.S. senator at the last
preceding state general election for presidential electors; and

whose candidate received votes in each county in that
election and received votes from not less than five percent of
the total number of individuals who voted in that election.

(b) "Major political party" also means a political party
that maintains a party organization in the state, political
subdivision, or precinct in question and whose members present
to the secretary of state new text begin at any time before the close of filing
for the state partisan primary ballot new text end a petition for a place on
the state partisan primary ballot, which petition contains
signatures of a number of the party members equal to at least
five percent of the total number of individuals who voted in the
preceding state general election.

(c) A political party whose candidate receives a sufficient
number of votes at a state general election described in
paragraph (a) becomes a major political party as of January 1
following that election and retains its major party status
deleted text begin notwithstanding that deleted text end new text begin for at least two state general elections
even if new text end the party fails to present a candidate who receives the
number and percentage of votes required under paragraph (a)
at deleted text begin the following deleted text end new text begin subsequent new text end state general deleted text begin election deleted text end new text begin elections new text end .

(d) A major political party whose candidates fail to
receive the number and percentage of votes required under
paragraph (a) at deleted text begin either deleted text end new text begin each of two consecutive new text end state general
deleted text begin election deleted text end new text begin elections new text end described by paragraph (a) loses major party
status as of December 31 following the deleted text begin most recent deleted text end new text begin later of the
two consecutive new text end state general deleted text begin election deleted text end new text begin elections new text end .

Sec. 5.

Minnesota Statutes 2004, section 200.02,
subdivision 23, is amended to read:

Subd. 23.

Minor political party.

(a) "Minor political
party" means a political party deleted text begin that is not a major political
party as defined by subdivision 7 and deleted text end that has adopted a state
constitution, designated a state party chair, held a state
convention in the last two years, filed with the secretary of
state no later than December 31 following the most recent state
general election a certification that the party has met the
foregoing requirements, and met the requirements of paragraph
(b) or (e), as applicable.

(b) To be considered a minor party in all elections
statewide, the political party must have presented at least one
candidate for election to the office of:

(1) governor and lieutenant governor, secretary of state,
state auditor, or attorney general, at the last preceding state
general election for those offices; or

(2) presidential elector or U.S. senator at the preceding
state general election for presidential electors; and

who received votes in each county that in the aggregate
equal at least one percent of the total number of individuals
who voted in the election, or its members must have presented to
the secretary of state new text begin at any time before the close of filing
for the state partisan primary ballot new text end a nominating petition in a
form prescribed by the secretary of state containing the
signatures of party members in a number equal to at least one
percent of the total number of individuals who voted in the
preceding state general election.

(c) A political party whose candidate receives a sufficient
number of votes at a state general election described in
paragraph (b) becomes a minor political party as of January 1
following that election and retains its minor party status
deleted text begin notwithstanding that deleted text end new text begin for at least two state general elections
even if new text end the party fails to present a candidate who receives the
number and percentage of votes required under paragraph (b)
at deleted text begin the following deleted text end new text begin subsequent new text end state general deleted text begin election deleted text end new text begin elections new text end .

(d) A minor political party whose candidates fail to
receive the number and percentage of votes required under
paragraph (b) at deleted text begin either deleted text end new text begin each of two consecutive new text end state general
deleted text begin election deleted text end new text begin elections new text end described by paragraph (b) loses minor party
status as of December 31 following the deleted text begin most recent deleted text end new text begin later of the
two consecutive new text end state general deleted text begin election deleted text end new text begin elections new text end .

(e) new text begin A minor party that qualifies to be a major party loses
its status as a minor party at the time it becomes a major
party. Votes received by the candidates of a major party must
be counted in determining whether the party received sufficient
votes to qualify as a minor party, notwithstanding that the
party does not receive sufficient votes to retain its major
party status. new text end To be considered a minor party in an election in
a legislative district, the political party must have presented
at least one candidate for a legislative office in that district
who received votes from at least ten percent of the total number
of individuals who voted for that office, or its members must
have presented to the secretary of state a nominating petition
in a form prescribed by the secretary of state containing the
signatures of party members in a number equal to at least ten
percent of the total number of individuals who voted in the
preceding state general election for that legislative office.

Sec. 6.

Minnesota Statutes 2004, section 201.014,
subdivision 2, is amended to read:

Subd. 2.

Not eligible.

The following individuals are not
eligible to vote. Any individual:

(a) Convicted of treason or any felony whose civil rights
have not been restored;

(b) Under a guardianship deleted text begin of the person deleted text end in which the court
order deleted text begin provides that the ward does not retain deleted text end new text begin revokes new text end the new text begin ward's
new text end right to vote; or

(c) Found by a court of law to be legally incompetent.

Sec. 7.

Minnesota Statutes 2004, section 201.061,
subdivision 1, is amended to read:

Subdivision 1.

Prior to election day.

At any time except
during the 20 days immediately preceding any election, an
eligible voter or any individual who will be an eligible voter
at the time of the next election may register to vote in the
precinct in which the voter maintains residence by completing a
voter registration application as described in section 201.071,
subdivision 1, and submitting it in person or by mail to the
county auditor of that county or to the Secretary of State's
Office. A registration that is received no later than 5:00 p.m.
on the 21st day preceding any election shall be accepted. An
improperly addressed or delivered registration application shall
be forwarded within two working days after receipt to the county
auditor of the county where the voter maintains residence. A
state or local agency or an individual that accepts new text begin from anyone
a new text end completed voter registration deleted text begin applications from deleted text end new text begin application
signed and dated by new text end a voter must submit the completed
deleted text begin applications deleted text end new text begin application new text end to the secretary of state or the
appropriate county auditor within deleted text begin ten deleted text end new text begin 15 business new text end days after the
deleted text begin applications are deleted text end new text begin application was new text end dated by the voter.

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

Sec. 8.

Minnesota Statutes 2004, section 201.061,
subdivision 3, is amended to read:

Subd. 3.

Election day registration.

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

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

(2) new text begin presenting a current and valid photo identification
that shows the name and valid residential address of the voter;
new text end

new text begin (3) presenting a copy of a current utility bill, signed
residential lease, bank statement, government check, paycheck,
or other government document that shows the name and valid
residential address of the voter;
new text end

new text begin (4) new text end presenting any document approved by the secretary of
state as proper identification;

deleted text begin (3) deleted text end new text begin (5) new text end presenting one of the following:

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

(ii) a current student fee statement that contains the
student's valid new text begin residential new text end address in the precinct deleted text begin together
with a picture identification card deleted text end ;

new text begin (iii) a copy of a current student registration card that
contains the student's valid residential address in the
precinct; or
new text end

new text begin (iv) a current student monthly rental statement that
contains the student's valid residential address in the
precinct; new text end or

deleted text begin (4) deleted text end new text begin (6) new text end having a voter who is registered to vote in the
precinct new text begin , or who is an employee employed by and working in a
residential facility in the precinct and vouching for a resident
in the facility, new text end sign an oath in the presence of the election
judge vouching that the voter new text begin or employee new text end personally knows that
the individual is a resident of the precinct. A voter who has
been vouched for on election day may not sign a proof of
residence oath vouching for any other individual on that
election day.

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

new text begin (c) new text end For tribal band members deleted text begin living on an Indian
reservation deleted text end , an individual may prove residence for purposes of
registering by presenting an identification card issued by the
tribal government of a tribe recognized by the Bureau of Indian
Affairs, United States Department of the Interior, that contains
the name, deleted text begin street deleted text end address, signature, and picture of the
individual. deleted text begin The county auditor of each county having territory
within the reservation shall maintain a record of the number of
election day registrations accepted under this section.
deleted text end

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

Sec. 9.

Minnesota Statutes 2004, section 201.061, is
amended by adding a subdivision to read:

new text begin Subd. 3a. new text end

new text begin Definitions. new text end

new text begin (a) The definitions in this
subdivision apply to subdivision 3.
new text end

new text begin (b) "Bank statement" includes a bank statement, investment
account statement, brokerage statement, pension fund statement,
dividend check, or any other notice or letter from a financial
institution relating to an account or investment held by the
voter at the financial institution.
new text end

new text begin (c) "Government check" includes a Social Security
Administration check statement or a check stub or electronic
deposit receipt from a public assistance payment or tax refund
or credit.
new text end

new text begin (d) "Other government document" includes military
identification; a document issued by a governmental entity that
qualifies for use as identification for purposes of acquiring a
driver's license in this state; a Metro Mobility card; a
property tax statement; a public housing lease or rent statement
or agreement, or a rent statement or agreement provided under a
subsidized housing program; a document or statement provided to
a voter as evidence of income or eligibility for a tax deduction
or tax credit; a periodic notice from a federal, state, or local
agency for a public assistance program, such as the Minnesota
family investment program, food stamps, general assistance,
medical assistance, general assistance medical care,
MinnesotaCare, unemployment benefits, or Social Security; an
insurance card for a government administered or subsidized
health insurance program; or a discharge certificate, pardon, or
other official document issued to the voter in connection with
the resolution of a criminal case, indictment, sentence, or
other matter, in accordance with state law.
new text end

new text begin (e) "Paycheck" includes a check stub or electronic deposit
receipt.
new text end

new text begin (f) "Residential facility" means transitional housing as
defined in section 119A.43, subdivision 1; a supervised living
facility licensed by the commissioner of health under section
144.50, subdivision 6; a nursing home as defined in section
144A.01, subdivision 5; a residence registered with the
commissioner of health as a housing with services establishment
as defined in section 144D.01, subdivision 4; a veterans home
operated by the board of directors of the Minnesota Veterans
Homes under chapter 198; a residence licensed by the
commissioner of human services to provide a residential program
as defined in section 245A.02, subdivision 14; a residential
facility for persons with a developmental disability licensed by
the commissioner of human services under section 252.28; group
residential housing as defined in section 256I.03, subdivision
3; a shelter for battered women as defined in section 611A.37,
subdivision 4; or a supervised publicly or privately operated
shelter or dwelling designed to provide temporary living
accommodations for the homeless.
new text end

new text begin (g) "Utility bill" includes a bill for gas, electricity,
telephone, wireless telephone, cable television, solid waste,
water, or sewer services.
new text end

Sec. 10.

Minnesota Statutes 2004, section 201.071,
subdivision 1, is amended to read:

Subdivision 1.

Form.

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

"I certify that I:

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

(2) am a citizen of the United States;

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

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

(5) am not under court-ordered guardianship deleted text begin of the person
where I have not retained the deleted text end new text begin in which the court order revokes
my new text end right to vote;

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

(7) have deleted text begin not deleted text end new text begin the right to vote because, if I have new text end been
convicted of a felony deleted text begin without having my civil rights restored deleted text end new text begin ,
my felony sentence has expired (been completed) or I have been
discharged new text end ; and

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

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

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

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

And the instruction:

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

new text begin The voter registration application must set forth the
deadline under section 201.061, subdivision 1, for returning a
voter registration application after it is dated by the voter.
new text end

new text begin Text on the voter registration application must be printed
in black ink.
new text end

The form of the voter registration application and the
certification of voter eligibility must be as provided in this
subdivision deleted text begin and approved by the secretary of state deleted text end . Voter
registration forms authorized by the National Voter Registration
Act may also be accepted as valid.

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

Sec. 11.

Minnesota Statutes 2004, section 201.091,
subdivision 4, is amended to read:

Subd. 4.

Public information lists.

The county auditor
shall make available for inspection a public information list
which must contain the name, address, year of birth, and voting
history of each registered voter in the county. The telephone
number must be included on the list if provided by the voter.
The public information list may also include information on
voting districts. The county auditor may adopt reasonable rules
governing access to the list. No individual inspecting the
public information list shall tamper with or alter it in any
manner. No individual who inspects the public information list
or who acquires a list of registered voters prepared from the
public information list may use any information contained in the
list for purposes unrelated to elections, political activities,
or law enforcement. The secretary of state may provide copies
of the public information lists and other information from the
statewide registration system for uses related to elections,
political activities, or in response to a law enforcement
inquiry from a public official concerning a failure to comply
with any criminal statute or any state or local tax statute.

Before inspecting the public information list or obtaining
a list of voters or other information from the list, the
individual shall provide identification to the public official
having custody of the public information list and shall state in
writing that any information obtained from the list will not be
used for purposes unrelated to elections, political activities,
or law enforcement. Requests to examine or obtain information
from the public information lists or the statewide registration
system must be made and processed in the manner provided in the
rules of the secretary of state.

Upon receipt of a deleted text begin written request and a copy of the court
order deleted text end new text begin statement signed by the voter that withholding the voter's
name from the public information list is required for the safety
of the voter or the voter's family new text end , the secretary of state new text begin and
county auditor new text end must withhold from the public information list
the name of deleted text begin any deleted text end new text begin a new text end registered voter deleted text begin placed under court-ordered
protection deleted text end .

Sec. 12.

Minnesota Statutes 2004, section 201.15, is
amended to read:

201.15 DISTRICT JUDGE, REPORT GUARDIANSHIPS AND
COMMITMENTS.

Subdivision 1.

Guardianships and incompetents.

Pursuant
to the Help America Vote Act of 2002, Public Law 107-252, the
state court administrator shall report monthly by electronic
means to the secretary of state the name, address, and date of
birth of each individual 18 years of age or over, who during the
month preceding the date of the report:

(a) was placed under a guardianship deleted text begin of the person deleted text end in which
the court order deleted text begin provides that the ward does not retain deleted text end new text begin revokes
new text end the new text begin ward's new text end right to vote; or

(b) was adjudged legally incompetent.

The court administrator shall also report the same
information for each individual transferred to the jurisdiction
of the court who meets a condition specified in clause (a) or
(b). The secretary of state shall determine if any of the
persons in the report is registered to vote and shall prepare a
list of those registrants for the county auditor. The county
auditor shall change the status on the record in the statewide
registration system of any individual named in the report to
indicate that the individual is not eligible to reregister or
vote.

Subd. 2.

deleted text begin restoration to capacity deleted text end new text begin guardianship termination
or modification new text end .

Pursuant to the Help America Vote Act of 2002,
Public Law 107-252, the state court administrator shall report
monthly by electronic means to the secretary of state the name,
address, and date of birth of each individual deleted text begin transferred from
deleted text end new text begin whose new text end guardianship deleted text begin to conservatorship or who is restored to
capacity by the court deleted text end new text begin was modified to restore the ward's right
to vote or whose guardianship was terminated by order of the
court under section 524.5-317 new text end after being ineligible to vote for
any of the reasons specified in subdivision 1. The secretary of
state shall determine if any of the persons in the report is
registered to vote and shall prepare a list of those registrants
for the county auditor. The county auditor shall change the
status on the voter's record in the statewide registration
system to "active."

Sec. 13.

Minnesota Statutes 2004, section 203B.04, is
amended by adding a subdivision to read:

new text begin Subd. 6. new text end

new text begin Ongoing absentee status; termination. new text end

new text begin (a) An
eligible voter who reasonably expects to meet the requirements
of section 203B.02, subdivision 1, on an ongoing basis as a
result of employment, may apply to a county auditor or municipal
clerk for status as an ongoing absentee voter. Each applicant
must automatically be provided with an absentee ballot for each
ensuing election other than an election by mail conducted under
section 204B.45, and must have the status of ongoing absentee
voter indicated on the voter's registration card.
new text end

new text begin (b) Ongoing absentee voter status ends on:
new text end

new text begin (1) the voter's written request;
new text end

new text begin (2) the voter's death;
new text end

new text begin (3) return of an ongoing absentee ballot as undeliverable;
new text end

new text begin (4) a change in the voter's status so that the voter is not
eligible to vote under section 201.15 or 201.155;
new text end

new text begin (5) placement of the voter's registration on inactive
status under section 201.171; or
new text end

new text begin (6) the voter ceasing to meet the requirements of paragraph
(a).
new text end

new text begin (c) The secretary of state shall adopt rules governing
procedures under this section.
new text end

Sec. 14.

Minnesota Statutes 2004, section 203B.16, is
amended by adding a subdivision to read:

new text begin Subd. 5. new text end

new text begin Duties of county auditor. new text end

new text begin Each county auditor
shall mail absentee ballot applications to the study-abroad
office of each college or university whose principal
administrative offices are located within the county.
new text end

Sec. 15.

Minnesota Statutes 2004, section 204B.10,
subdivision 6, is amended to read:

Subd. 6.

Ineligible voter.

Upon receipt of a certified
copy of a final judgment or order of a court of competent
jurisdiction that a person who has filed an affidavit of
candidacy or who has been nominated by petition:

(1) has been convicted of treason or a felony and the
person's civil rights have not been restored;

(2) is under guardianship deleted text begin of the person deleted text end new text begin in which the court
order revokes the ward's right to vote new text end ; or

(3) has been found by a court of law to be legally
incompetent;

the filing officer shall notify the person by certified mail at
the address shown on the affidavit or petition, and shall not
certify the person's name to be placed on the ballot. The
actions of a filing officer under this subdivision are subject
to judicial review under section 204B.44.

Sec. 16.

Minnesota Statutes 2004, section 204B.24, is
amended to read:

204B.24 ELECTION JUDGES; OATH.

Each election judge shall sign the following oath before
assuming the duties of the office:

"I .......... solemnly swear that I will perform the duties
of election judge according to law and the best of my ability
and will diligently endeavor to prevent fraud, deceit and abuse
in conducting this election. new text begin I will perform my duties in a fair
and impartial manner and not attempt to create an advantage for
my party or for any candidate. new text end "

The oath shall be attached to the summary statement of the
election returns of that precinct. If there is no individual
present who is authorized to administer oaths, the election
judges may administer the oath to each other.

Sec. 17.

Minnesota Statutes 2004, section 204B.27,
subdivision 11, is amended to read:

Subd. 11.

Translation of voting deleted text begin instructions deleted text end new text begin materials new text end .

The secretary of state deleted text begin may deleted text end new text begin shall new text end develop new text begin voter registration
applications, absentee ballot applications, ballot instructions,
absentee ballot instructions, and new text end voting instructions in
languages other than English deleted text begin , to be posted and made available in
polling places during elections deleted text end . The state demographer shall
determine and report to the secretary of state the languages
that are so common in this state that there is a need for
translated voting deleted text begin instructions deleted text end new text begin materials. The secretary of
state shall develop the materials for those languages
recommended by the state demographer. The secretary of state
shall publish the materials and provide paper copies on request
of any voter at no charge to the voter. The voting instructions
must include a pictorial representation of a voter completing
the voting process; the pictorial representation must be posted
in each polling place. In those precincts where the state
demographer has determined it is likely that at least five
percent of the eligible voters speak one of the languages other
than English for which translated voting materials have been
published by the secretary of state, the translated materials
for that language must be posted or otherwise made available in
the polling place new text end .

Sec. 18.

Minnesota Statutes 2004, section 204C.06,
subdivision 2, is amended to read:

Subd. 2.

Individuals allowed in polling place new text begin ;
identification new text end .

(a) Representatives of the secretary of state's
office, the county auditor's office, and the municipal or school
district clerk's office may be present at the polling place to
observe election procedures. Except for these representatives,
election judges, sergeants-at-arms, and challengers, an
individual may remain inside the polling place during voting
hours only while voting or registering to vote, providing proof
of residence for an individual who is registering to vote, or
assisting a handicapped voter or a voter who is unable to read
English. During voting hours no one except individuals
receiving, marking, or depositing ballots shall approach within
six feet of a voting booth, unless lawfully authorized to do so
by an election judge.

(b) Teachers and elementary or secondary school students
participating in an educational activity authorized by section
204B.27, subdivision 7, may be present at the polling place
during voting hours.

new text begin (c) Each official on duty in the polling place must wear an
identification badge that shows their role in the election
process. The badge must not show their party affiliation.
new text end

Sec. 19.

Minnesota Statutes 2004, section 204C.07,
subdivision 4, is amended to read:

Subd. 4.

Restrictions on conduct.

new text begin An election judge may
not be appointed as a challenger. new text end The election judges shall
permit challengers appointed pursuant to this section to be
present in the polling place during the hours of voting and to
remain there until the votes are counted and the results
declared. No challenger shall handle or inspect registration
cards, files, or lists. Challengers shall not prepare in any
manner any list of individuals who have or have not voted. They
shall not attempt to influence voting in any manner. They shall
not converse with a voter except to determine, in the presence
of an election judge, whether the voter is eligible to vote in
the precinct.

Sec. 20.

Minnesota Statutes 2004, section 204C.07, is
amended by adding a subdivision to read:

new text begin Subd. 5. new text end

new text begin Challenger training. new text end

new text begin (a) At least once every
two years, the secretary of state shall provide training for all
challengers who are appointed to serve at any election to be
held in this state. The secretary of state may delegate to a
county or municipal election official the duty to provide
training of challengers in that county, municipality, or school
district.
new text end

new text begin (b) No individual may serve as a challenger who is not a
registered voter in this state and who has not received at least
two hours of training within the last two years as required by
this subdivision.
new text end

new text begin (c) Each major political party must reimburse the secretary
of state, county auditor, or municipal clerk for the cost of
training challengers appointed by that major political party.
new text end

new text begin (d) A training authority must issue a certification of
challenger training to a person who successfully completes a
training course. The training course must be conducted not more
than 60 days before the state primary nor fewer than three days
before the general election. The challenger training course
must include information on the following topics:
new text end

new text begin (1) eligibility requirements for voting;
new text end

new text begin (2) forms of identification acceptable for purposes of
election day registration;
new text end

new text begin (3) the challenge process; and
new text end

new text begin (4) restrictions on challenger behavior.
new text end

Sec. 21.

Minnesota Statutes 2004, section 204C.08,
subdivision 1a, is amended to read:

Subd. 1a.

Voter's bill of rights.

The county auditor
shall prepare and provide to each polling place sufficient
copies of a poster setting forth the Voter's Bill of Rights as
set forth in this section. Before the hours of voting are
scheduled to begin, the election judges shall post it in a
conspicuous location or locations in the polling place. The
Voter's Bill of Rights is as follows:
"VOTER'S BILL OF RIGHTS

For all persons residing in this state who meet federal
voting eligibility requirements:

(1) You have the right to be absent from work for the
purpose of voting during the morning of election day.

(2) If you are in line at your polling place any time
between 7:00 a.m. and 8:00 p.m., you have the right to vote.

(3) If you can provide the required proof of residence, you
have the right to register to vote and to vote on election day.

(4) If you are unable to sign your name, you have the right
to orally confirm your identity with an election judge and to
direct another person to sign your name for you.

(5) You have the right to request special assistance when
voting.

(6) If you need assistance, you may be accompanied into the
voting booth by a person of your choice, except by an agent of
your employer or union or a candidate.

(7) You have the right to bring your minor children into
the polling place and into the voting booth with you.

(8) If you have been convicted of a felony but deleted text begin your civil
rights have been restored deleted text end new text begin your felony sentence has expired (been
completed) or you have been discharged new text end , you have the right to
vote.

(9) new text begin If you are under a guardianship, you have the right to
vote, unless the court order revokes your right to vote.
new text end

new text begin (10) new text end You have the right to vote without anyone in the
polling place trying to influence your vote.

deleted text begin (10) deleted text end new text begin (11) new text end If you make a mistake or spoil your ballot before
it is submitted, you have the right to receive a replacement
ballot and vote.

deleted text begin (11) deleted text end new text begin (12) new text end You have the right to file a written complaint at
your polling place if you are dissatisfied with the way an
election is being run.

deleted text begin (12) deleted text end new text begin (13) new text end You have the right to take a sample ballot into
the voting booth with you.

deleted text begin (13) deleted text end new text begin (14) new text end You have the right to take a copy of this Voter's
Bill of Rights into the voting booth with you."

Sec. 22.

Minnesota Statutes 2004, section 204C.10, is
amended to read:

204C.10 PERMANENT REGISTRATION; VERIFICATION OF
REGISTRATION.

(a) An individual seeking to vote shall sign a polling
place roster which states that the individual is at least 18
years of age, a citizen of the United States, has resided in
Minnesota for 20 days immediately preceding the election,
maintains residence at the address shown, is not under a
guardianship in which the deleted text begin individual has not retained deleted text end new text begin court
order revokes new text end the new text begin individual's new text end right to vote, has not been found
by a court of law to be legally incompetent to vote or convicted
of a felony without having civil rights restored, is registered
and has not already voted in the election. The roster must also
state: "I understand that deliberately providing false
information is a felony punishable by not more than five years
imprisonment and a fine of not more than $10,000, or both."

(b) A judge may, before the applicant signs the roster,
confirm the applicant's name, address, and date of birth.

(c) After the applicant signs the roster, the judge shall
give the applicant a voter's receipt. The voter shall deliver
the voter's receipt to the judge in charge of ballots as proof
of the voter's right to vote, and thereupon the judge shall hand
to the voter the ballot. The voters' receipts must be
maintained during the time for notice of filing an election
contest.

Sec. 23.

Minnesota Statutes 2004, section 204C.12,
subdivision 2, is amended to read:

Subd. 2.

Statement of grounds; oath.

The challenger
shall state the ground for the challenge deleted text begin , and deleted text end new text begin in writing, under
oath, and based on the challenger's personal knowledge. new text end An
election judge shall administer to the challenged individual the
following oath:

"Do you solemnly swear that you will fully and truly answer
all questions put to you concerning your eligibility to vote at
this election?"

The election judge shall then ask the challenged individual
sufficient questions to test that individual's residence and
right to vote.

Sec. 24.

Minnesota Statutes 2004, section 204C.12,
subdivision 4, is amended to read:

Subd. 4.

Refusal to answer questions or sign a polling
place roster.

A challenged individual who refuses to answer
questions or sign a polling place roster as required by this
section must not be allowed to vote. A challenged individual
who leaves the polling place and returns later willing to answer
questions or sign a polling place roster must not be allowed to
vote new text begin if the voter has returned more than once new text end .

Sec. 25.

Minnesota Statutes 2004, section 211B.13,
subdivision 1, is amended to read:

Subdivision 1.

Bribery, advancing money, and treating
prohibited.

A person who willfully, directly or indirectly,
advances, pays, gives, promises, or lends any money, food,
liquor, clothing, entertainment, or other thing of monetary
value, or who offers, promises, or endeavors to obtain any
money, position, appointment, employment, or other valuable
consideration, to or for a person, in order to induce a voter to
refrain from voting, or to vote in a particular way, at an
election, is guilty of a felony. This section does not prevent
a candidate from stating publicly preference for or support of
another candidate to be voted for at the same primary or
election. Refreshments of food or nonalcoholic beverages deleted text begin of
nominal deleted text end new text begin having a new text end value new text begin up to $1 new text end consumed on the premises at a
private gathering or public meeting new text begin or a value up to 25 cents if
distributed at a public parade new text end are not prohibited under this
section.

Sec. 26.

Minnesota Statutes 2004, section 471.895,
subdivision 3, is amended to read:

Subd. 3.

Exceptions.

(a) The prohibitions in this
section do not apply if the gift is:

(1) a contribution as defined in section 211A.01,
subdivision 5;

(2) services to assist an official in the performance of
official duties, including but not limited to providing advice,
consultation, information, and communication in connection with
legislation, and services to constituents;

(3) services of insignificant monetary value;

(4) a plaque or similar memento recognizing individual
services in a field of specialty or to a charitable cause;

(5) a trinket or memento deleted text begin of insignificant deleted text end new text begin with a fair
market new text end value new text begin of $3 or less new text end ;

(6) informational material of unexceptional value; or

(7) food or a beverage given at a reception, meal, or
meeting away from the recipient's place of work by an
organization before whom the recipient appears to make a speech
or answer questions as part of a program.

(b) The prohibitions in this section do not apply if the
gift is given:

(1) because of the recipient's membership in a group, a
majority of whose members are not local officials, and an
equivalent gift is given or offered to the other members of the
group;

(2) by an interested person who is a member of the family
of the recipient, unless the gift is given on behalf of someone
who is not a member of that family; or

(3) by a national or multistate organization of
governmental organizations or public officials, if a majority of
the dues to the organization are paid from public funds, to
attendees at a conference sponsored by that organization, if the
gift is food or a beverage given at a reception or meal and an
equivalent gift is given or offered to all other attendees.

Sec. 27.

Minnesota Statutes 2004, section 524.5-310, is
amended to read:

524.5-310 FINDINGS; ORDER OF APPOINTMENT.

(a) The court may appoint a limited or unlimited guardian
for a respondent only if it finds by clear and convincing
evidence that:

(1) the respondent is an incapacitated person; and

(2) the respondent's identified needs cannot be met by less
restrictive means, including use of appropriate technological
assistance.

(b) Alternatively, the court, with appropriate findings,
may treat the petition as one for a protective order under
section 524.5-401, enter any other appropriate order, or dismiss
the proceeding.

(c) The court shall grant to a guardian only those powers
necessitated by the ward's limitations and demonstrated needs
and, whenever feasible, make appointive and other orders that
will encourage the development of the ward's maximum
self-reliance and independence. Any power not specifically
granted to the guardian, following a written finding by the
court of a demonstrated need for that power, is retained by the
ward.

(d) Within 14 days after an appointment, a guardian shall
send or deliver to the ward, and counsel if represented at the
hearing, a copy of the order of appointment accompanied by a
notice which advises the ward of the right to appeal the
guardianship appointment in the time and manner provided by the
Rules of Appellate Procedure.

(e) Each year, within 30 days after the anniversary date of
an appointment, a guardian shall send or deliver to the ward a
notice of the right to request termination or modification of
the guardianship new text begin and notice of the status of the ward's right to
vote new text end .

Sec. 28.

new text begin [641.45] VOTING ASSISTANCE TO INMATES.
new text end

new text begin Upon an inmate's admission to a county jail, workhouse, or
other correctional facility under the control of the county, in
addition to other information required to be provided by law or
rule, the county sheriff or jailer shall provide to the inmate
information on how to vote. When requested by an inmate, the
county sheriff or jailer, in consultation with the county
auditor, shall determine the inmate's eligibility to vote at a
municipal, county, state, or federal election and obtain from
the appropriate county auditor an absentee ballot application
and provide it to the inmate requesting it.
new text end

Sec. 29. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1, 2, and 26 are effective the day following final
enactment.
new text end

ARTICLE 6

UNCLASSIFIED POSITIONS

Section 1.

Minnesota Statutes 2004, section 15.06,
subdivision 6, is amended to read:

Subd. 6.

General powers of commissioners.

Except as
otherwise expressly provided by law, a commissioner shall have
the following powers:

(1) to delegate to any subordinate employee the exercise of
specified statutory powers or duties as the commissioner may
deem advisable, subject to the commissioner's control; provided,
that every delegation shall be made by written order, filed with
the secretary of state; deleted text begin and further provided that only a deputy
commissioner may have all the powers or duties of the
commissioner;
deleted text end

(2) to appoint all subordinate employees and to prescribe
their duties; provided, that all departments and agencies shall
be subject to the provisions of chapter 43A;

(3) with the approval of the commissioner of
administration, to organize the department or agency as deemed
advisable in the interest of economy and efficiency; and

(4) to prescribe procedures for the internal management of
the department or agency to the extent that the procedures do
not directly affect the rights of or procedure available to the
public.

Sec. 2.

Minnesota Statutes 2004, section 15.06,
subdivision 9, is amended to read:

Subd. 9.

Private employment.

No former commissioner deleted text begin or
deputy commissioner deleted text end may, within one year after leaving the
position of commissioner deleted text begin or deputy commissioner deleted text end in a department
or agency, appear or participate in proceedings of that
department or agency representing the interests of private
persons.

Sec. 3.

Minnesota Statutes 2004, section 16A.01,
subdivision 3, is amended to read:

Subd. 3.

deleted text begin deputy; deleted text end confidential secretary.

The
commissioner may appoint deleted text begin a deputy and deleted text end a confidential secretary deleted text begin .
Each deleted text end new text begin , who new text end serves at the commissioner's pleasure in the
unclassified service.

Sec. 4.

Minnesota Statutes 2004, section 16B.03, is
amended to read:

16B.03 APPOINTMENTS.

The commissioner is authorized to appoint staff deleted text begin , including
two deputy commissioners, deleted text end in accordance with chapter 43A.

Sec. 5.

Minnesota Statutes 2004, section 17.01, is amended
to read:

17.01 CREATION OF DEPARTMENT; COMMISSIONER deleted text begin ; DEPUTY deleted text end .

There is created a Department of Agriculture, which shall
be in the charge of a commissioner of agriculture, in this
chapter called the commissioner, who shall be appointed by the
governor under the provisions of section 15.06. Before entering
upon the duties of office, the commissioner shall take the oath
required of state officials. deleted text begin The commissioner may appoint a
deputy commissioner.
deleted text end

Sec. 6.

Minnesota Statutes 2004, section 43A.03,
subdivision 3, is amended to read:

Subd. 3.

Organization.

The department shall be organized
into two bureaus which shall be designated the Personnel Bureau
and the Labor Relations Bureau. Each bureau shall be
responsible for administering the duties and functions assigned
to it by law. When the duties of the bureaus are not mandated
by law, the commissioner may establish and revise the
assignments of either bureau. deleted text begin Each bureau shall be under the
direction of a deputy commissioner.
deleted text end

Sec. 7.

Minnesota Statutes 2004, section 45.013, is
amended to read:

45.013 POWER TO APPOINT STAFF.

The commissioner of commerce may appoint deleted text begin four deputy
commissioners, four assistant commissioners, and deleted text end an assistant to
the commissioner. deleted text begin Those positions deleted text end new text begin That position new text end , as well as
that of a confidential secretary, deleted text begin are deleted text end new text begin is new text end unclassified. The
commissioner may appoint other employees necessary to carry out
the duties and responsibilities entrusted to the commissioner.

Sec. 8.

Minnesota Statutes 2004, section 84.01,
subdivision 2, is amended to read:

Subd. 2.

Appointments.

The commissioner of natural
resources is appointed by the governor under the provisions of
section 15.06. deleted text begin The commissioner may appoint a deputy
commissioner.
deleted text end

Sec. 9.

Minnesota Statutes 2004, section 84.01,
subdivision 3, is amended to read:

Subd. 3.

Employees; delegation.

Subject to the
provisions of Laws 1969, chapter 1129, and to other applicable
laws the commissioner shall organize the department and employ
deleted text begin up to three assistant commissioners, each of whom shall serve at
the pleasure of the commissioner in the unclassified service,
one of whom shall have responsibility for coordinating and
directing the planning of every division within the agency, and
such other deleted text end officers, employees, and agents as the commissioner
may deem necessary to discharge the functions of the department,
define the duties of such officers, employees, and agents and to
delegate to them any of the commissioner's powers, duties, and
responsibilities subject to the control of, and under the
conditions prescribed by, the commissioner. Appointments to
exercise delegated power shall be by written order filed with
the secretary of state.

Sec. 10.

Minnesota Statutes 2004, section 116.03,
subdivision 1, is amended to read:

Subdivision 1.

Office.

(a) The office of commissioner of
the Pollution Control Agency is created and is under the
supervision and control of the commissioner, who is appointed by
the governor under the provisions of section 15.06.

(b) deleted text begin The commissioner may appoint a deputy commissioner and
assistant commissioners who shall be in the unclassified service.
deleted text end

deleted text begin (c) deleted text end The commissioner shall make all decisions on behalf of
the agency that are not required to be made by the agency under
section 116.02.

Sec. 11.

Minnesota Statutes 2004, section 116J.01,
subdivision 5, is amended to read:

Subd. 5.

Departmental organization.

(a) The commissioner
shall organize the department as provided in section 15.06.

(b) The commissioner may establish divisions and offices
within the department. deleted text begin The commissioner may employ four deputy
commissioners in the unclassified service.
deleted text end

(c) The commissioner shall:

(1) employ assistants and other officers, employees, and
agents that the commissioner considers necessary to discharge
the functions of the commissioner's office;

(2) define the duties of the officers, employees, and
agents, and delegate to them any of the commissioner's powers,
duties, and responsibilities, subject to the commissioner's
control and under conditions prescribed by the commissioner.

(d) The commissioner shall ensure that there are at least
three employment and economic development officers in state
offices in nonmetropolitan areas of the state who will work with
local units of government on developing local employment and
economic development.

Sec. 12.

Minnesota Statutes 2004, section 116J.035,
subdivision 4, is amended to read:

Subd. 4.

Delegation of powers.

The commissioner may
delegate, in written orders filed with the secretary of state,
any powers or duties subject to the commissioner's control to
officers and employees in the department. Regardless of any
other law, the commissioner may delegate the execution of
specific contracts or specific types of contracts to deleted text begin the
commissioner's deputies, an assistant commissioner, or deleted text end a program
director if the delegation has been approved by the commissioner
of administration and filed with the secretary of state.

Sec. 13.

Minnesota Statutes 2004, section 174.02,
subdivision 2, is amended to read:

Subd. 2.

Unclassified positions.

The commissioner may
establish deleted text begin four deleted text end new text begin two new text end positions in the unclassified service at the
deleted text begin deputy and assistant commissioner, deleted text end assistant to commissioner or
personal secretary levels. deleted text begin No more than two of these positions
shall be at the deputy commissioner level.
deleted text end

Sec. 14.

Minnesota Statutes 2004, section 175.001,
subdivision 1, is amended to read:

Subdivision 1.

Creation and organization.

The Department
of Labor and Industry is created under the supervision and
control of the commissioner of labor and industry which office
is hereby established. The commissioner of labor and industry
shall be appointed by the governor under the provisions of
section 15.06. deleted text begin There shall be one deputy commissioner in the
department.
deleted text end

Sec. 15.

Minnesota Statutes 2004, section 241.01,
subdivision 2, is amended to read:

Subd. 2.

Divisions deleted text begin ; deputies deleted text end .

The commissioner of
corrections may appoint and employ deleted text begin no more than two deputy
commissioners. The commissioner may also appoint deleted text end a personal
secretary, who shall serve at the commissioner's pleasure in the
unclassified civil service.

Sec. 16.

Minnesota Statutes 2004, section 245.03,
subdivision 1, is amended to read:

Subdivision 1.

Establishment.

There is created a
Department of Human Services. A commissioner of human services
shall be appointed by the governor under the provisions of
section 15.06. The commissioner shall be selected on the basis
of ability and experience in welfare and without regard to
political affiliations. deleted text begin The commissioner shall appoint a deputy
commissioner.
deleted text end

Sec. 17.

Minnesota Statutes 2004, section 270.02,
subdivision 3, is amended to read:

Subd. 3.

Powers, organization, assistants.

Subject to
the provisions of this chapter and other applicable laws the
commissioner shall have power to organize the department with
such divisions and other agencies as the commissioner deems
necessary and to appoint deleted text begin one deputy commissioner, deleted text end a department
secretary, directors of divisions, and such other officers,
employees, and agents as the commissioner may deem necessary to
discharge the functions of the department, define the duties of
such officers, employees, and agents, and delegate to them any
of the commissioner's powers or duties, subject to the
commissioner's control and under such conditions as the
commissioner may prescribe. Appointments to exercise delegated
power to sign documents which require the signature of the
commissioner or a delegate by law shall be by written order
filed with the secretary of state.

Sec. 18.

Minnesota Statutes 2004, section 299A.01,
subdivision 1, is amended to read:

Subdivision 1.

Creation; commissioner deleted text begin and deputy
commissioner deleted text end .

The Department of Public Safety is created under
the supervision and control of the commissioner of public
safety, which office is established. The commissioner of public
safety is appointed by the governor under the provisions of
section 15.06. deleted text begin The commissioner may appoint a deputy
commissioner.
deleted text end

Sec. 19. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, sections 15.06, subdivisions 7 and
8; 17.013; 43A.03, subdivision 4; 190.08, subdivision 1;
196.021; and 363A.05, subdivision 2, are repealed.
new text end

ARTICLE 7

LICENSURE FOR SALES OF MANUFACTURED
AND INDUSTRIALIZED MODULAR HOMES

Section 1.

new text begin [16B.751] SALES OF INDUSTRIALIZED/MODULAR
BUILDINGS.
new text end

new text begin Salespersons and brokers of industrialized/modular homes
must be licensed under sections 327B.041 to 327B.045. A dealer
of industrialized/modular homes must be a licensed manufactured
home dealer under chapter 327B, a licensed residential
contractor under chapter 326, or a licensed real estate broker
under chapter 82.
new text end

Sec. 2.

Minnesota Statutes 2004, section 327B.01, is
amended by adding a subdivision to read:

new text begin Subd. 7a. new text end

new text begin Employer. new text end

new text begin "Employer" means a licensed
manufactured home dealer under chapter 327B, a licensed
residential contractor under chapter 326, or a licensed real
estate broker under chapter 82.
new text end

Sec. 3.

Minnesota Statutes 2004, section 327B.04,
subdivision 1, is amended to read:

Subdivision 1.

License and bond required.

No person
shall act as a dealer in manufactured homes, new or used,
without a license and a surety bond as provided in this
section. No person shall manufacture manufactured homes without
a license and a surety bond as provided in this section. The
licensing and bonding requirements of this section do not apply
to any bank, savings bank, savings association, or credit union,
chartered by either this state or the federal government, which
acts as a dealer only by repossessing manufactured homes and
then offering the homes for resale.

new text begin A dealer of industrialized/modular homes, as defined in
section 16B.75, must be licensed as a dealer under this section,
as a residential contractor under chapter 326, or as a real
estate broker under chapter 82.
new text end

Sec. 4.

Minnesota Statutes 2004, section 327B.04,
subdivision 4, is amended to read:

Subd. 4.

License prerequisites.

No application shall be
granted nor license issued until the applicant proves to the
commissioner that:

(a) the applicant has a permanent, established place of
business at each licensed location. An "established place of
business" means a permanent enclosed building other than a
residence, or a commercial office space, either owned by the
applicant or leased by the applicant for a term of at least one
year, located in an area where zoning regulations allow
commercial activity, and where the books, records and files
necessary to conduct the business are kept and maintained. The
owner of a licensed manufactured home park who resides in or
adjacent to the park may use the residence as the established
place of business required by this subdivision, unless
prohibited by local zoning ordinance.

If a license is granted, the licensee may use unimproved
lots and premises for sale, storage, and display of manufactured
homes, if the licensee first notifies the commissioner in
writing;

(b) if the applicant desires to sell, solicit or advertise
the sale of new manufactured homes, it has a bona fide contract
or franchise in effect with a manufacturer or distributor of the
new manufactured home it proposes to deal in;

(c) the applicant has secured a surety bond in the amount
of $20,000 for the protection of consumer customers, executed by
the applicant as principal and issued by a surety company
admitted to do business in this state. The bond shall be
exclusively for the purpose of reimbursing consumer customers
and shall be conditioned upon the faithful compliance by the
applicant with all of the laws and rules of this state
pertaining to the applicant's business as a dealer or
manufacturer, including sections 325D.44, 325F.67 and 325F.69,
and upon the applicant's faithful performance of all its legal
obligations to consumer customers;

(d) the applicant has established a trust account as
required by section 327B.08, subdivision 3, unless the applicant
states in writing its intention to limit its business to
selling, offering for sale, soliciting or advertising the sale
of new manufactured homes; and

(e) the applicant deleted text begin has provided evidence of having had at
least two years' prior experience in the sale of manufactured
homes, working for a licensed dealer deleted text end new text begin holds a salesperson license
under sections 327B.041 to 327B.045 and has: (1) a minimum of
two years' experience as an active salesperson for a licensed
dealer within the past four years; or (2) two years' continuous
experience as an active salesperson for a licensed dealer within
the past ten years. This requirement does not apply to dealers
holding valid licenses prior to November 1, 2005 new text end .

Sec. 5.

new text begin [327B.041] SALESPERSON LICENSE; EXAMINATION.
new text end

new text begin Subdivision 1. new text end

new text begin License required for salesperson or
broker. new text end

new text begin A person may not act as a salesperson or broker of
manufactured homes, new or used, or of industrialized/modular
buildings as defined in section 16B.75, without a salesperson
license as provided in sections 327B.041 to 327B.045.
new text end

new text begin Subd. 2. new text end

new text begin Examination eligibility; revocation. new text end

new text begin A person
is not eligible to take the examination for a salesperson
license under this section if the applicant has had any related
professional or trade license, as defined by the commissioner,
revoked or suspended in this or any other state within five
years of the date of the application.
new text end

new text begin Subd. 3. new text end

new text begin Examination frequency. new text end

new text begin The commissioner shall
hold examinations at times and places the commissioner
determines, except that the examinations must be held at least
every 90 days.
new text end

new text begin Subd. 4. new text end

new text begin Examination format. new text end

new text begin The examination must
consist of not more than 100 multiple-choice questions in an
open-book format. The examination must be developed by the
commissioner with input and guidance from the Minnesota
Manufactured Home Association or its successor organization. A
passing grade for the examination is a score of 70 percent or
higher.
new text end

new text begin Subd. 5. new text end

new text begin Exemption from salesperson examination. new text end

new text begin The
testing provisions of this section do not apply to a person who,
as of July 1, 2006, holds a salesperson license under sections
327B.041 to 327B.045 and has acted as a salesperson or broker of
manufactured homes, new or used, or of industrialized/modular
buildings as defined in section 16B.75, for an employer for a
continuous period of two years immediately prior to July 1, 2006.
new text end

new text begin Subd. 6. new text end

new text begin Reexaminations. new text end

new text begin An examination is required
before the renewal of a salesperson license that has been
suspended, or before the issuance of a license to a person whose
license has been ineffective for a period of two years, except
no reexamination is required of an individual who has failed to
renew an existing license because of absence from the state
while on active duty with the armed forces of the United States.
new text end

Sec. 6.

new text begin [327B.042] SALESPERSON LICENSING; APPLICATION.
new text end

new text begin Subdivision 1. new text end

new text begin Qualification of applicants. new text end

new text begin An applicant
for a salesperson license must be at least 18 years of age at
the time of applying for the license.
new text end

new text begin Subd. 2. new text end

new text begin Application for license; contents. new text end

new text begin (a) An
applicant for a license as a salesperson shall apply in writing
on forms prepared and furnished by the commissioner. Each
application must be signed and sworn to by the applicant and be
accompanied by a license fee set by the commissioner.
new text end

new text begin (b) An application for a salesperson license must contain:
new text end

new text begin (1) information required by the commissioner consistent
with the administration of this chapter;
new text end

new text begin (2) the applicant's name, age, Social Security number,
residence address, employment history for the past ten years,
and the name and place of business of the employer on whose
behalf the salesperson will be acting;
new text end

new text begin (3) the names of any company, partnership, or corporation
licensed or registered in Minnesota in which the applicant has
held any ownership interest or over which the applicant has
exercised control as either owner or management; and
new text end

new text begin (4) whether the applicant or any entity identified in
clause (3) has ever filed for bankruptcy or been declared
insolvent.
new text end

new text begin (c) The commissioner may require further information the
commissioner deems appropriate to administer sections 327B.041
to 327B.045.
new text end

new text begin (d) An applicant for a salesperson license must submit to
the commissioner, along with the application for licensure,
consents for credit and criminal background checks. The
criminal background check must be multistate for all states of
past residency over the previous ten years. A salesperson
license may not be issued to an applicant who the commissioner
determines may not be of fit character or has, in the conduct of
the applicant's affairs, been shown to be incompetent,
untrustworthy, or financially irresponsible, or has engaged in
criminal, fraudulent, deceptive, or dishonest practices.
new text end

new text begin Subd. 3. new text end

new text begin Provisional 90-day license. new text end

new text begin An applicant who
has submitted a completed application to the commissioner must
be issued a provisional license under which the applicant may
work for the employer identified in the license application, but
may not sign purchase agreements or any financing documents, all
of which must be signed by the employer. The applicant has 90
days to pass the salesperson's examination. Upon obtaining a
passing score on the examination and issuance of a salesperson's
license, the provisional license expires and the employer must
surrender it to the commissioner. No more than two provisional
licenses may be issued to an applicant within any 24-month
period. A provisional 90-day license must not be issued to
brokers.
new text end

new text begin Subd. 4. new text end

new text begin Change of application information. new text end

new text begin The
commissioner must be notified in writing of a change of
information contained in the license application on file with
the commissioner within ten days of the change.
new text end

Sec. 7.

new text begin [327B.043] SALESPERSON LICENSING; CONTINUING
EDUCATION.
new text end

new text begin (a) A person holding a salesperson license must
successfully complete ten hours of continuing education, either
as a student or a lecturer, in courses of study approved by the
commissioner, during the initial license period and during each
succeeding 24-month license period. During the initial term of
licensure, at least six of the ten credit hours must be
completed during the first 12 months of the 24-month licensing
period. A salesperson may not claim credit for continuing
education not actually completed as of the date the report of
continuing education compliance is filed.
new text end

new text begin (b) The commissioner may adopt rules defining the standards
for course and instructor approval and continuing education as
required under this section. The commissioner may not approve a
course which can be completed by the salesperson at home or
outside the classroom without the supervision of an instructor
except accredited courses using new delivery technology,
including interactive technology, and the Internet. The
commissioner may approve courses of study in the field offered
in educational institutions of higher learning in this state or
courses of study in the field developed by and offered under the
auspices of the Manufactured Housing Institute, the Minnesota
Manufactured Home Association, or their successors and
affiliates, or private schools. Courses in motivation,
salesmanship, psychology, or time management are not eligible
for continuing education credit. Courses in professionalism in
home sales and legal requirements involving purchase agreements
and other salesperson legal and regulatory obligations are
eligible for approval.
new text end

new text begin (c) Any program approved by the commissioner of commerce
for continuing education for real estate brokers and licensees
under chapter 82 must be approved by the commissioner for
continuing education for salespersons under this section. A
program approved by the commissioner of commerce for continuing
education for contractors under chapter 326 must be approved by
the commissioner for continuing education for salespersons under
this section.
new text end

new text begin (d) As part of the continuing education requirements of
this section, a salesperson must receive:
new text end

new text begin (1) at least four hours of training during each license
period in courses regarding laws or regulations on dual agency
representation and disclosure; laws or regulations governing the
sale, construction standards, and installation of manufactured
homes or prefabricated modular homes; and the Minnesota State
Building Code; and
new text end

new text begin (2) at least one hour of training during each license
period in courses in state and federal fair housing laws and
regulations or other antidiscrimination laws or regulations or
courses designed to assist in meeting the housing needs of
immigrant and other underserved populations and courses in
consumer fair credit laws and consumer privacy requirements.
new text end

new text begin (e) The commissioner may establish a procedure for renewal
of course accreditation and must apply broadly the requirements
of this section when reviewing courses submitted for approval.
The commissioner may expand the list of qualifying subject areas
for course approval based on changes within the industry or
changes related to state and federal requirements.
new text end

new text begin (f) Credit may not be earned if the salesperson has
previously obtained credit for the same course as either a
student or instructor during the same licensing period.
new text end

new text begin (g) The continuing education course completion certificate
must be in the form prescribed by the commissioner.
new text end

new text begin (h) Salespersons are responsible for maintaining copies of
course completion certificates.
new text end

Sec. 8.

new text begin [327B.044] SALESPERSON LICENSING; RENEWAL.
new text end

new text begin Subdivision 1. new text end

new text begin Duration. new text end

new text begin A salesperson license is not
effective for more than two years, except as provided in section
327B.045, subdivision 4, for certain new licenses. The
commissioner shall cancel and not renew the license of any
person who fails to comply with the continuing education
requirements of section 327B.043.
new text end

new text begin Subd. 2. new text end

new text begin Timely renewals. new text end

new text begin A salesperson whose renewal
application has been properly and timely filed who has not
received notice of denial of renewal is considered to have been
approved for renewal and may continue to transact business
whether or not the renewed license has been received on or
before July 1 of the renewal year. An application for renewal
of a license is considered timely filed if received by the
commissioner by, or mailed with proper postage and postmarked
by, June 15 of the renewal year. An application for renewal is
properly filed if made on notarized forms accompanied by fees
set by the commissioner and containing information the
commissioner requires.
new text end

new text begin Subd. 3. new text end

new text begin Failure to renew. new text end

new text begin A salesperson who has failed
to make a timely application for renewal of a salesperson
license and who has not received the renewal license as of July
1 of the renewal year is unlicensed until the license has been
issued by the commissioner and is received.
new text end

new text begin Subd. 4. new text end

new text begin Effect of failure to renew license. new text end

new text begin If a
salesperson license lapses or becomes ineffective, the
commissioner may institute a revocation or suspension proceeding
within two years after the license was last effective and enter
a revocation or suspension order as of the last date on which
the license was in effect and may require that the salesperson
take the salesperson license examination.
new text end

new text begin Subd. 5. new text end

new text begin Cancellation of salesperson license. new text end

new text begin A
salesperson license that has been canceled for failure of a
salesperson to complete continuing education requirements must
be returned to the commissioner by the employer within ten days
of receipt of notice of cancellation. The license must be
reinstated without reexamination if the salesperson completes
the required instruction, filing an application, and pays the
fee for a salesperson license prior to the expiration date of
the license.
new text end

Sec. 9.

new text begin [327B.045] SALESPERSON LICENSING; OTHER.
new text end

new text begin Subdivision 1. new text end

new text begin Generally. new text end

new text begin The commissioner shall issue a
salesperson license to any person who qualifies for the license
under sections 327B.041 to 327B.045. A salesperson license must
be issued in the name of the applicant to the employer
identified in the license application.
new text end

new text begin Subd. 2. new text end

new text begin Responsibility. new text end

new text begin Each employer is responsible
for the acts of all of the employer's salespersons while acting
as agents on the employer's behalf. Each officer of a
corporation or partner in a partnership licensed as an employer
has the same responsibility under sections 327B.041 to 327B.045
as a corporate or partnership employer with regard to the acts
of the salespersons acting on behalf of the corporation or
partnership.
new text end

new text begin Subd. 3. new text end

new text begin Issuance of salesperson license. new text end

new text begin A salesperson
is licensed to act on behalf of an employer and may not be
licensed to act on behalf of more than one employer in this
state during the same period of time. The license of each
salesperson must be mailed to and remain in the possession of
the employer with whom the salesperson is or will be associated
until canceled or until the salesperson leaves the employer.
new text end

new text begin Subd. 4. new text end

new text begin Effective date of license. new text end

new text begin Licenses renewed
under sections 327B.041 to 327B.045 are valid for 24 months.
New licenses expire on June 30 of the following year unless the
term of the new license would be less than 18 months in which
case the new license expires on June 30 of the subsequent year.
Implementation of the 24-month licensing program must be
staggered so that approximately one-half of the licenses will
expire on June 30 of each even-numbered year and the other
one-half on June 30 of each odd-numbered year. Those
salespersons who will receive a 36-month license on July 1,
2006, because of the staggered implementation schedule, must pay
for the license a fee increased by an amount equal to one-half
the fee for renewal of the license.
new text end

new text begin Subd. 5. new text end

new text begin Terminations; transfers. new text end

new text begin (a) Except as provided
in paragraph (b), if a salesperson terminates activity on behalf
of an employer, the salesperson's license is ineffective.
Within ten days of the termination, the employer shall notify
the commissioner in writing and return the license of the
salesperson to the commissioner. The salesperson may apply for
transfer of the license to another employer at any time during
the remainder of the license period on forms provided by the
commissioner. If the application for transfer qualifies, the
commissioner shall grant the application. Upon receipt of a
transfer application and payment of the transfer fee, the
commissioner may issue a 45-day probationary license. If an
application for transfer is not made within the license period,
the commissioner shall require that an application for a new
license be filed.
new text end

new text begin (b) If a salesperson terminates activity on behalf of an
employer in order to begin association immediately with another
employer, the commissioner shall permit the automatic transfer
of the salesperson's license. The transfer is effective either
upon the mailing of the required fee and the executed documents
by certified mail or upon personal delivery of the fee and
documents to the commissioner's office. The commissioner may
adopt rules and prescribe forms as necessary to implement this
paragraph. Upon submission of an application for automatic
transfer, the salesperson's license held by the employer from
whom the salesperson is transferring shall be void and returned
to the commissioner.
new text end

new text begin (c) The transfer is ineffective if the fee is paid by means
of a check, draft, or other instrument or order of withdrawal
drawn on an account with insufficient funds.
new text end

new text begin (d) The salesperson shall retain the certified mail return
receipt if the transfer application is delivered to the
commissioner by mail, retain a photocopy of the executed
transfer application, and provide a photocopy of the executed
transfer application to the employer from whom the salesperson
is transferring.
new text end

new text begin (e) The salesperson's automatic transfer must be in the
form prescribed by the commissioner.
new text end

new text begin Subd. 6. new text end [AUTOMATIC TRANSFER OF DEALER'S LICENSE.] new text begin If a
dealer terminates activity in order to begin association with
another dealer, the commissioner shall permit the automatic
transfer of the dealer license to a salesperson license. If
there are salespersons working for the dealer, the dealer shall:
new text end

new text begin (1) certify to the commissioner that another dealer will
remain in the company that the dealer is leaving prior to
issuance of the transfer and shall identify the dealer
remaining;
new text end

new text begin (2) certify to the commissioner that the salespersons will
be transferring with the dealer, in which case the salespersons
must comply with subdivision 5; or
new text end

new text begin (3) return the licenses of all salespersons to the
commissioner.
new text end

new text begin The transfer is effective either upon the mailing of the
required fee and the executed documents by certified mail or
upon personal delivery of the fee and documents to the
commissioner's office.
new text end

new text begin Subd. 7. new text end

new text begin Nonresidents. new text end

new text begin A nonresident of Minnesota may be
licensed as a salesperson upon compliance with sections 327B.041
to 327B.045.
new text end

new text begin Subd. 8. new text end [TEMPORARY DEALER'S LICENSE.] new text begin In the event of the
death or incapacity of a dealer, the commissioner may issue a
60-day temporary dealer license to a salesperson of the dealer
if the salesperson has had a minimum of two years' experience as
a salesperson and is otherwise reasonably qualified to act as a
dealer. Upon application prior to its expiration, the 60-day
temporary permit may be renewed once for an additional 45 days
by the commissioner if the applicant demonstrates a good-faith
effort to obtain a dealer's license within the preceding 60 days
and an extension of time will not harm the public interest.
new text end

new text begin Only those salespersons licensed at the time of the
dealer's death or incapacity may conduct business for or on
behalf of the person to whom the temporary dealer's license was
issued.
new text end

new text begin Subd. 9. new text end

new text begin Withdrawal of license or application. new text end

new text begin A
salesperson or salesperson license applicant may at any time
file with the commissioner a request to withdraw from the status
of salesperson or to withdraw a pending license application.
Withdrawal from the status of salesperson or withdrawal of the
license application becomes effective 30 days after receipt of a
request to withdraw or within a shorter period the commissioner
determines, unless a revocation, suspension, or denial
proceeding is pending when the request to withdraw is filed or a
proceeding to revoke, suspend, deny, or impose conditions upon
the withdrawal is instituted within 30 days after the request to
withdraw is filed. If a proceeding is pending or instituted,
withdrawal becomes effective at the time and upon the conditions
the commissioner determines by order. If no proceeding is
pending or instituted and withdrawal automatically becomes
effective, the commissioner may institute a revocation or
suspension proceeding within one year after withdrawal became
effective and enter a revocation or suspension order as of the
last date on which the license was in effect.
new text end

new text begin Subd. 10. new text end

new text begin Exemption. new text end

new text begin The following persons, when acting
as salespersons, are exempt from sections 327B.041 to 327B.045:
new text end

new text begin (1) a licensed residential contractor under chapter 326;
new text end

new text begin (2) a licensed real estate broker or salesperson under
chapter 82; and
new text end

new text begin (3) a salesperson who is employed by a manufacturer of
manufactured homes or modular homes who engages in sales only at
the wholesale level but not to the public.
new text end

Sec. 10. new text begin FEES.
new text end

new text begin The commissioner of administration may set initial fees
under sections 5 to 9 by rule, notwithstanding Minnesota
Statutes, section 16A.1283.
new text end

Sec. 11. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 10 are effective November 1, 2005.
new text end