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SF 3134

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 04/12/2010 12:31pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to state government operations; requiring fiscal notes to include
information about job creation; limiting requirements for approval by individual
legislators in the disposal process for certain state-owned buildings; increasing
threshold requirements for deposit of agency receipts; requiring state chief
information officer to develop standards for enhanced public access to state
electronic records; clarifying use of fees in the combined charities campaign;
transferring membership in the Workers' Compensation Reinsurance Association
from the commissioner of management and budget to the commissioner of
administration; eliminating and modifying fees for certain filings with the
secretary of state; authorizing grants to counties for voting equipment and
vote-counting equipment; requiring reports; appropriating money; amending
Minnesota Statutes 2008, sections 3.98, subdivision 2; 16A.275; 16B.24,
subdivision 3; 16E.04, subdivision 2; 16E.05, by adding a subdivision; 43A.50,
subdivision 2; 79.34, subdivision 1; 318.02, subdivision 1; 557.01; repealing
Laws 2005, chapter 162, section 34, subdivision 2, as amended.

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

Section 1.

Minnesota Statutes 2008, section 3.98, subdivision 2, is amended to read:


Subd. 2.

Contents.

(a) The fiscal note, where possible, shall:

(1) cite the effect in dollar amounts;

new text begin (2) cite the net increase or decrease in the total number of jobs in the state;
new text end

new text begin (3) estimate the average annual wages of jobs impacted;
new text end

deleted text begin (2)deleted text endnew text begin (4)new text end cite the statutory provisions affected;

deleted text begin (3)deleted text endnew text begin (5)new text end estimate the increase or decrease in revenues or expenditures;

new text begin (6) estimate the effect on the receipt by the state of federal money and describe any
federal requirements including, but not limited to, maintenance of effort requirements;
new text end

deleted text begin (4)deleted text endnew text begin (7) new text end include the costs which may be absorbed without additional funds;

deleted text begin (5)deleted text endnew text begin (8) new text end include the assumptions used in determining the cost estimates; and

deleted text begin (6)deleted text endnew text begin (9)new text end specify any long-range implication.

(b) The fiscal note may comment on technical or mechanical defects in the bill but
shall express no opinions concerning the merits of the proposal.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for fiscal notes requested after
January 1, 2011.
new text end

Sec. 2.

Minnesota Statutes 2008, section 16A.275, is amended to read:


16A.275 AGENCY RECEIPTS; DEPOSIT, REPORT, CREDIT.

Subdivision 1.

deleted text begin If $250, daily. deleted text end new text begin Deposit receipts. new text end

Except as otherwise provided by
law, an agency shall deposit receipts totaling deleted text begin$250deleted text endnew text begin $1,000new text end or more in the state treasury
daily. The depositing agency shall send a report to the commissioner on the disposition of
receipts since the last report. The commissioner shall credit the deposits received during a
month to the proper funds not later than the first day of the next month.

Notwithstanding the general rule stated above, the commissioner of revenue is not
required to make daily deposits if (1) the volume of tax receipts cannot be processed daily
with available resources, or (2) receipts cannot be immediately identified for posting to
accounts.

Subd. 2.

Exception.

The commissioner may authorize an agency to deposit
receipts totaling deleted text begin$250deleted text endnew text begin $1,000new text end or more less frequently than daily for those locations where
the agency furnishes documentation to the commissioner that the cost of making daily
deposits exceeds the lost interest earnings and the risk of loss or theft of the receipts.

Sec. 3.

Minnesota Statutes 2008, section 16B.24, subdivision 3, is amended to read:


Subd. 3.

Disposal of old buildings.

new text begin (a) Upon request from the head of an agency
with control of a state-owned building with an estimated market value of less than
$50,000, as determined by the commissioner, the commissioner may sell, demolish, or
otherwise dispose of the building if the commissioner determines that the building is no
longer used or is a fire or safety hazard.
new text end

deleted text begin The commissioner,deleted text endnew text begin (b)new text end Upon request of the head of an agency deleted text beginwhich hasdeleted text endnew text begin withnew text end control
of a state-owned building deleted text beginwhich is no longer used or which is a fire or safety hazard, shall,deleted text endnew text begin
with an estimated market value of $50,000 or more, as determined by the commissioner,
the commissioner may sell, demolish, or otherwise dispose of the building
new text end after
new text begin determining that the building is no longer used or is a fire or safety hazard and new text endobtaining
approval of the chairs of the senate Finance Committee and house of representatives Ways
and Means Committeedeleted text begin, sell, wreck, or otherwise dispose of the buildingdeleted text end.

new text begin (c) new text endIn the event a sale is made new text beginunder this subdivision, new text endthe proceeds shall be deposited
in the deleted text beginproperdeleted text end account deleted text beginor in the general funddeleted text endnew text begin provided by law. If there is no requirement in
law specifying how proceeds must be deposited other than section 16A.72, the proceeds
must be deposited in the account from which the appropriation to acquire or construct the
building was made. If the account from which the appropriation was made cannot be
identified or has been terminated, the proceeds must be deposited in the general fund
new text end.

Sec. 4.

Minnesota Statutes 2008, section 16E.04, subdivision 2, is amended to read:


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 ensurenew text begin:
new text end

new text begin (1) new text end that 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
agenciesnew text begin; and
new text end

new text begin (2) that enhanced access to data can be provided to the public in accordance with
the policy developed under section 16E.05, subdivision 4
new text end.

When state agencies have need for the same or similar public data, the chief information
officer, in coordination with the affected agencies, shall manage 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. The office shall ensure
compliance with the architecture.

(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. The office shall review
and approve agency technology plans to ensure consistency with enterprise information
and telecommunications technology strategy. By January 15 of each year, the chief
information officer must report to the chairs and the ranking minority members of
the legislative committees and divisions with jurisdiction over the office regarding the
assistance provided under this paragraph. The report must include a listing of agencies
that have developed or are developing plans under this paragraph.

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

(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 the agency's proposed purchase reflects a cost-effective policy regarding
volume purchasing; and

(3) 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 ensure that these systems are operated efficiently and securely and continually meet
the standards and guidelines established by the office. The standards and guidelines must
emphasize uniformity that is cost-effective for the enterprise, 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.

Sec. 5.

Minnesota Statutes 2008, section 16E.05, is amended by adding a subdivision
to read:


new text begin Subd. 4. new text end

new text begin Policy for transparency. new text end

new text begin The chief information officer shall develop
a policy to enhance public access to electronic data maintained by state government,
consistent with the requirements of chapter 13. The policy must ensure that:
new text end

new text begin (1) the state information architecture facilitates public access to agency data;
new text end

new text begin (2) publicly available data is managed using an approved state metadata model; and
new text end

new text begin (3) all geospatial data conform to an approved state geocode model.
new text end

Sec. 6.

Minnesota Statutes 2008, section 43A.50, subdivision 2, is amended to read:


Subd. 2.

Registration.

(a) A federated funding organization shall apply to the
commissioner by March 1 in order to be eligible to participate in the state employee
combined charities campaign for that year.

(b) A federated funding organization must apply in the form prescribed by the
commissioner and shall provide the following:

(1) assurance of tax exempt status for the federated funding organization and each of
the charitable agencies identified by the federated funding organization as an affiliated
agency;

(2) assurance of proper registration with the attorney general of Minnesota to solicit
contributions in the state of Minnesota for the federated funding organization and each of
the charitable agencies identified by the federated funding organization as an affiliated
agency. A copy of the registration letter in effect at the time of application for the state
employee combined charities campaign must be available upon request;

(3) an affidavit signed by a duly constituted officer of the federated funding
organization attesting to the fact that the federated funding organization and its affiliated
agencies are in compliance with each of the provisions of this section;

(4) a list of the board of directors or local advisory board for the federated funding
organization which identifies the members who live or work in Minnesota and contiguous
counties;

(5) a list of the name and business address of each affiliated agency the federated
funding organization supports;

(6) a list of any related organizations, as defined in section 317A.011, subdivision 18;

(7) the total contributions received in the organization's accounting year last
reported and, from those contributions, the amounts expended by the federated funding
organization for management and general costs and for fund-raising costs and the amount
distributed to the affiliated agencies, programs, and designated agencies it supports; and

(8) a fee of $100, or ten percent of the funds raised from state employees in the
previous campaign, whichever is less. The fee for an organization which did not participate
in the previous year's state employee campaign is $100.new text begin These fees must be credited to
an account in the special revenue fund and are appropriated to the commissioner to be
expended with the approval of the Combined Charities Board in section 43A.04 for costs
associated with administering the annual campaign.
new text end

The commissioner may require submission of additional information needed to
determine compliance with the provisions of this chapter.

(c) The commissioner shall register or not register the application of an organization
and shall notify the organization of the decision by May 1. An organization whose
application is denied has ten calendar days after receiving notice of the denial to appeal
the decision or file an amended application correcting the deficiency. The commissioner
shall register or not register the organization within ten calendar days after receiving the
appeal or amended application. If registration is denied a second time, the organization
may appeal within five calendar days after receiving notice of the denial. A hearing
shall be scheduled by the commissioner and shall be held within 15 calendar days after
receiving notice of the appeal. The parties may mutually agree to a later date. The
provisions of chapter 14 do not apply to the hearing. The hearing shall be conducted in
a manner considered appropriate by the commissioner. The commissioner shall make a
determination within five calendar days after the hearing has been completed.

(d) Only organizations that are approved may participate in the state employee
combined charities campaign for the year of approval and only contributions to approved
organizations may be deducted from an employee's pay pursuant to section 16A.134.

Sec. 7.

Minnesota Statutes 2008, section 79.34, subdivision 1, is amended to read:


Subdivision 1.

Conditions requiring membership.

The nonprofit association
known as the Workers' Compensation Reinsurance Association may be incorporated under
chapter 317A with all the powers of a corporation formed under that chapter, except that
if the provisions of that chapter are inconsistent with sections 79.34 to 79.40, sections
79.34 to 79.40 govern. Each insurer as defined by section 79.01, subdivision 2, shall, as
a condition of its authority to transact workers' compensation insurance in this state, be
a member of the reinsurance association and is bound by the plan of operation of the
reinsurance association; provided, that all affiliated insurers within a holding company
system as defined in chapter 60D are considered a single entity for purposes of the exercise
of all rights and duties of membership in the reinsurance association. Each self-insurer
approved under section 176.181 and each political subdivision that self-insures shall, as a
condition of its authority to self-insure workers' compensation liability in this state, be a
member of the reinsurance association and is bound by its plan of operation; provided that:

(1) all affiliated companies within a holding company system, as determined by
the commissioner of labor and industry in a manner consistent with the standards and
definitions in chapter 60D, are considered a single entity for purposes of the exercise of all
rights and duties of membership in the reinsurance association; and

(2) all group self-insurers granted authority to self-insure pursuant to section
176.181 are considered single entities for purposes of the exercise of all the rights and
duties of membership in the reinsurance association. As a condition of its authority to
self-insure workers' compensation liability, and for losses incurred after December 31,
1983, the state is a member of the reinsurance association and is bound by its plan of
operation. The commissioner of deleted text beginmanagement and budgetdeleted text end new text beginadministration new text endrepresents
the state in the exercise of all the rights and duties of membership in the reinsurance
association. The amounts necessary to pay the state's premiums required for coverage by
the Workers' Compensation Reinsurance Association are appropriated from the general
fund to the commissioner of deleted text beginmanagement and budgetdeleted text endnew text begin administrationnew text end. The University
of Minnesota shall pay its portion of workers' compensation reinsurance premiums
directly to the Workers' Compensation Reinsurance Association. For the purposes of
this section, "state" means the administrative branch of state government, the legislative
branch, the judicial branch, the University of Minnesota, and any other entity whose
workers' compensation liability is paid from the state revolving fund. The commissioner
of management and budget may calculate, prorate, and charge a department or agency
the portion of premiums paid to the reinsurance association for employees who are
paid wholly or in part by federal funds, dedicated funds, or special revenue funds. The
reinsurance association is not a state agency. Actions of the reinsurance association and its
board of directors and actions of the commissioner of labor and industry with respect to
the reinsurance association are not subject to chapters 13 and 15. All property owned by
the association is exempt from taxation. The reinsurance association is not obligated to
make any payments or pay any assessments to any funds or pools established pursuant to
this chapter or chapter 176 or any other law.

new text begin EFFECTIVE DATE. new text end

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

Sec. 8.

Minnesota Statutes 2008, section 318.02, subdivision 1, is amended to read:


Subdivision 1.

Definition.

The term "declaration of trust" as used in this section
means the declaration of trust, business trust instrument, trust indenture, contract of
custodianship, or other instrument pursuant to which such association is organized. Every
such association organized after April 20, 1961, for the purpose of transacting business
in this state shall, prior to transacting any business in this state, file in the Office of the
Secretary of State a true and correct copy of the "declaration of trust" under which the
association proposes to conduct its business. The copy shall also contain a statement that
the true and correct copy of the "declaration of trust" is being filed in the Office of the
Secretary of State of the state of Minnesota pursuant to this chapter and shall also include
the full name and street address of an agent of the business trust in this state. That agent
shall be the agent for service of process which shall be made pursuant to the provisions
of section 543.08. The "declaration of trust" may provide that the duration of such
association shall be perpetual. Upon the filing of the copy of the "declaration of trustnew text begin,new text end" deleted text beginand
the payment of a filing fee of $150 to the secretary of state,
deleted text end the secretary of state shall issue
to such association, or to the trustees named in the said "declaration of trust," or to the
persons or parties to the "declaration of trust," a certificate showing that such "declaration
of trust" has been duly filed; whereupon, such association in its name shall be authorized
to transact business in this state; provided that all other applicable laws have been
complied with. The "declaration of trust" may be amended as provided in the "declaration
of trust" or in any amendments thereto but a true and correct copy of all amendments to the
"declaration of trust," shall be filed in the Office of the Secretary of State deleted text beginupon the payment
of a filing fee of $50 to the secretary of state
deleted text end and all amendments shall become effective at
the time of said filing. When such copy of the "declaration of trust" and any amendments
thereto shall have been filed in the Office of the Secretary of State it shall constitute public
notice as to the purposes and manner of the business to be engaged in by such association.

Sec. 9.

Minnesota Statutes 2008, section 557.01, is amended to read:


557.01 NONRESIDENT, AGENT TO ACCEPT SERVICE.

Any nonresident person or corporation owning or claiming any interest or lien in
or upon lands in the state may file with the secretary of state a writing, executed and
acknowledged in the manner of a conveyance, appointing a resident agent, whose place
of residence shall be stated, to accept service of process or summons in any action or
proceeding in the courts of the state concerning such interest or lien, except actions or
proceedings for the collection of taxes, and consenting that service of such process or
summons upon such agent shall be binding upon the person executing the same. Such
writing shall be recorded by the secretary. No service by publication of summons shall
be made upon any such nonresident who has complied with the provisions hereof, but in
all such cases service of such process or summons, or of any writ or notice in the action
or proceedings, shall be made upon such agent in the manner provided by law for such
service upon residents of the state, and have the same effect as personal service within
the state upon such owner or claimant; but, if such party appears by attorneys therein, the
service of papers shall thereafter be upon such attorney. The authority of such agent
may be revoked by writing similarly executed and acknowledged and recorded, but no
revocation shall affect any action or proceeding then pending. deleted text beginFor filing and recording
such papers the secretary shall be entitled to 15 cents for each folio
deleted text endnew text begin The fee for each filing
made under this section is $50
new text end.

Sec. 10. new text beginTRANSPARENCY POLICY REPORT.
new text end

new text begin By January 15, 2011, the chief information officer shall report to the chairs and
ranking minority members of the legislative committees with jurisdiction over the Office
of Enterprise Technology regarding the development of the policy to enhance public
access to data required under Minnesota Statutes, section 16E.05, subdivision 4. The
report must describe the process for developing the policy, including the opportunity
provided for public comment, and specify the components of the policy that have been
implemented, including a description of the level of public use of the new opportunities
for data access under the policy.
new text end

Sec. 11. new text beginAPPROPRIATION; ASSISTIVE VOTING EQUIPMENT AND
VOTE-COUNTING EQUIPMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Operating grants. new text end

new text begin $300,000 is appropriated in fiscal year 2010 from
the Help America Vote Act account to the secretary of state for grants to counties to defray
operating costs of the assistive voting equipment and vote-counting equipment in each
polling place. This appropriation is available until spent. Grants of up to $300 per polling
place may be made until this appropriation is exhausted. If the grant requests exceed the
appropriation available, the secretary of state shall prorate the grant amounts to each
eligible county to match the amount available.
new text end

new text begin Subd. 2. new text end

new text begin Grant application. new text end

new text begin To receive a grant under this subdivision, a county
must apply to the secretary of state on forms prescribed by the secretary of state that
set forth how the grant money will be spent. Grant applications for operating costs for
the 2010 elections must be received by the secretary of state by August 1, 2010. Grant
awards must be made to the counties by December 1, 2010. If money remains from this
appropriation, the secretary may also make grants available for the 2012 election, with
grant applications due by March 1, 2012, and grants made to counties by June 30, 2012.
new text end

new text begin Subd. 3. new text end

new text begin Eligibility. new text end

new text begin To be eligible to apply for a grant under this section, a county
must have fewer than 50,000 registered voters as of January 1, 2010, and must have
less than $300 per polling place that was used in the 2008 general election as a balance,
including any interest earned on the account, in its Help America Vote Act account from
money distributed to it in 2005.
new text end

new text begin Subd. 4. new text end

new text begin Report. new text end

new text begin Each county receiving a grant under this section must include
the expenditures it has made on the appropriate Help America Vote Act reports submitted
to the secretary of state. If a county does not use the money it has received under this
section by June 15, 2013, it must return the money to the secretary of state by June 30,
2013. In addition to the report required by this section, each county receiving a grant
under this section must maintain financial records for each grant sufficient to satisfy
federal audit standards and must transmit those records to the secretary of state upon
request of the secretary of state.
new text end

new text begin Subd. 5. new text end

new text begin Operating costs. new text end

new text begin "Operating costs" include actual county and municipal
costs for hardware maintenance, election day technical support, software licensing, system
programming, voting system testing, training of county or municipal staff in the use of
voting equipment, and transportation and storage of the voting equipment.
new text end

Sec. 12. new text beginAPPROPRIATION; OPTICAL SCAN EQUIPMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Optical scan voting equipment grants. new text end

new text begin $2,100,000 is appropriated
in fiscal year 2010 from the Help America Vote Act account to the secretary of state
for grants to counties to purchase optical scan voting equipment. This appropriation
is available until spent. If the grant requests exceed the appropriation available, the
secretary of state shall prorate the grant amounts to each eligible county to match the
amount available.
new text end

new text begin Subd. 2. new text end

new text begin Grant application. new text end

new text begin To receive a grant under this section, a county must
apply to the secretary of state on forms prescribed by the secretary of state that set forth
how the grant money will be spent. Applications for grants under this section must be
submitted to the secretary of state by December 1, 2010, and be for purchases made
before March 31, 2014.
new text end

new text begin Subd. 3. new text end

new text begin Eligibility. new text end

new text begin A county is eligible to apply for a grant of up to $4,000 per
precinct to replace precinct-based optical scan vote counters if the vote counter was
purchased before December 31, 2002, and the county received no federal or state money
to defray the cost of that purchase. Counties must agree to provide a local match at least
equal to the amount of the grant.
new text end

new text begin Subd. 4. new text end

new text begin Report. new text end

new text begin Each county receiving a grant under this section must include the
expenditures it has made on the appropriate Help America Vote Act reports submitted to
the secretary of state. If a county does not use the money it has received under this section
by June 15, 2014, it must return the unused money to the secretary of state by June 30,
2014. In addition to the report required by this section, each county receiving a grant
under this section must maintain financial records for each grant sufficient to satisfy
federal audit standards and must transmit those records to the secretary of state upon
request of the secretary of state.
new text end

Sec. 13. new text begin REPEALER.
new text end

new text begin Laws 2005, chapter 162, section 34, subdivision 2, as amended by Laws 2009,
chapter 101, article 2, section 95,
new text end new text begin is repealed.
new text end