relating to government operations; setting date for the legislature to meet in even
years; providing for monitoring management of permanent school fund lands;
increasing the number of members on the Legislative Commission on Pensions
and Retirement; defining certain powers of the Council on Black Minnesotans;
allowing the legislative auditor to recover costs for certain financial audits;
providing mapped data on expenditures; increasing agency deposit receipts;
setting conditions for recipients of state grants and appropriations; establishing
conditions for disposal of state-owned buildings; establishing requirements
for financing agreements for state projects; requiring conditions for fleet
management activities; adding duties of the chief information officer; allowing
expenditures associated with the combined charities campaign; modifying
provisions for groundwater quality monitoring and resource recovery; modifying
secretary of state records provisions; enhancing the state's tax collection process;
creating Commission on Service Innovation; modifying provisions for campaign
finance; requiring a strategic plan to improve state and local government delivery
of services; establishing the Minnesota Innovation and Research Council;
requiring certain studies; appropriating money;amending Minnesota Statutes
2008, sections 3.303, by adding a subdivision; 3.85, subdivision 3; 3.9225,
subdivision 5; 3.971, by adding a subdivision; 10A.01, subdivision 18, by adding
subdivisions; 10A.12, by adding a subdivision; 10A.20, subdivisions 2, 4, 12;
10A.27, by adding subdivisions; 16A.125, subdivision 5; 16A.275; 16B.24,
subdivision 3; 16B.322, subdivisions 4, 5; 16C.055, subdivision 2; 16E.04,
subdivision 2; 16E.05, by adding a subdivision; 43A.50, subdivision 2; 79.34,
subdivision 1; 103F.755; 103H.175, as amended; 115A.15, subdivisions 4,
9, 10; 127A.30, subdivision 2; 211B.01, subdivision 3; 211B.04; 211B.15,
subdivisions 2, 3; 216B.16, by adding a subdivision; 307.08, subdivision 5;
318.02, subdivision 1; 336.9-531; 336A.08, subdivisions 1, 4; 336A.14; 557.01;
Minnesota Statutes 2009 Supplement, sections 16B.322, subdivisions 4a, 4b, 4c;
16E.02, subdivision 1; 365.46, subdivision 2; 379.05; Laws 2010, chapter 189,
section 35, subdivision 1; proposing coding for new law in Minnesota Statutes,
chapters 3; 5; 10; 10A; 16A; 16B; 465; repealing Minnesota Statutes 2008,
sections 6.80; 211B.15, subdivision 12; Minnesota Statutes 2009 Supplement,
section 645.44, subdivision 19; Laws 2005, chapter 162, section 34, subdivision
2, as amended.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. [3.051] EVEN-YEAR SESSIONS.
2.4The legislature may not meet in regular session in an even-numbered year before the
2.5date set under section 202A.14 for the conduct of precinct caucuses.
Sec. 2. Minnesota Statutes 2008, section 3.303, is amended by adding a subdivision to
2.8 Subd. 11. Permanent school fund land management analyst. The commission
2.9shall undertake activities that are necessary to advise the legislature and to monitor the
2.10executive branch on issues related to the management of permanent school fund lands.
2.11The commission may hire a lead analyst and other staff as necessary for this purpose. The
2.13(1) monitor management of permanent school fund lands;
2.14(2) analyze the benefits derived from the fund;
2.15(3) actively participate in the work of the Permanent School Fund Advisory
2.16Committee under section 127A.30;
2.17(4) provide oversight to ensure that the state fulfills its fiduciary responsibilities to
2.18the permanent school fund as specified by the Minnesota Constitution and Minnesota
2.20(5) make effective recommendations to the Permanent School Fund Advisory
2.21Committee and the finance divisions and committees of the house of representatives
2.22and the senate.
2.23The purpose of this function is to maximize the long-term economic returns to the
2.24school trust lands consistent with the goals of section 127A.31.
2.25EFFECTIVE DATE.This section is effective July 1, 2011.
Sec. 3. Minnesota Statutes 2008, section 3.85, subdivision 3, is amended to read:
Subd. 3. Membership.
The commission consists of
members of the
senate appointed by the Subcommittee on Committees of the Committee on Rules and
members of the house of representatives appointed by
the speaker. No more than five members from each chamber may be from the majority
2.31caucus in that chamber.
Members shall be appointed at the commencement of each regular
session of the legislature for a two-year term beginning January 16 of the first year of the
regular session. Members continue to serve until their successors are appointed. Vacancies
that occur while the legislature is in session shall be filled like regular appointments. If the
legislature is not in session, senate vacancies shall be filled by the last Subcommittee on
Committees of the senate Committee on Rules and Administration or other appointing
authority designated by the senate rules, and house of representatives vacancies shall be
filled by the last speaker of the house, or if the speaker is not available, by the last chair of
the house of representatives Rules Committee.
Sec. 4. Minnesota Statutes 2008, section 3.9225, subdivision 5, is amended to read:
Subd. 5. Powers. (a)
The council may contract in its own name, but no money shall
be accepted or received as a loan nor indebtedness incurred except as otherwise provided
by law. Contracts shall be approved by a majority of the members of the council and
executed by the chair and the executive director. The council may apply for, receive, and
expend in its own name grants and gifts of money consistent with the power and duties
specified in subdivisions 1 to 7.
3.14 (b) The council may solicit and accept payments for advertising, use of exhibition
3.15space, or commemorative videos or other items in connection with publications, events,
3.16media productions, and informational programs that are sponsored by the council. These
3.17revenues must be deposited in an account in the special revenue fund and are appropriated
3.18to the council to defray costs of publications, events, media productions, or informational
3.19programs consistent with the powers and duties specified in subdivisions 1 to 7. The
3.20council may not publish advertising or provide exhibition space for any elected official
3.21or candidate for elective office. The council must report by January 15 each year to the
3.22chairs and ranking minority members of the house of representatives and senate funding
3.23divisions with jurisdiction over the council on the amount and source of each payment
3.24received under this paragraph in the prior fiscal year.
The council shall appoint an executive director who is experienced in
administrative activities and familiar with the problems and needs of Black people. The
council may delegate to the executive director powers and duties under subdivisions 1 to 7
which do not require council approval. The executive director serves in the unclassified
service and may be removed at any time by the council. The executive director shall
recommend to the council, and the council may appoint the appropriate staff necessary to
carry out its duties. Staff members serve in the unclassified service. The commissioner of
administration shall provide the council with necessary administrative services.
Sec. 5. [3.9715] PAYMENT FROM HERITAGE FUNDS FOR AUDIT COSTS.
4.1The outdoor heritage fund, the clean water fund, the parks and trails fund, and the
4.2arts and cultural heritage fund, established in the Minnesota Constitution, article XI,
4.3section 15, must each pay the legislative auditor for costs incurred by the legislative
4.4auditor to examine financial activities related to each fund. The legislative auditor shall
4.5provide cost data to the commissioner of management and budget to determine the amount
4.6of the required payments. The amount required to make these payments is appropriated
4.7from each fund for payments to the legislative auditor under this section. Amounts
4.8received by the legislative auditor under this section are appropriated to the legislative
4.9auditor for purposes of examining financial activities related to each fund. The legislative
4.10auditor shall report by January 15 each year to the chairs and ranking minority members of
4.11the house of representatives and senate funding divisions with jurisdiction over the Office
4.12of the Legislative Auditor and the funds established in the Minnesota Constitution, article
4.13XI, section 15, on past and projected future expenditure of funds under this section.
Sec. 6. [5.025] ELECTION DAY VOLUNTEERS.
4.15The secretary of state may use unpaid secretary of state trained volunteers to assist
4.16the Office of the Secretary of State in providing customer service information on election
Sec. 7. [10.61] TWO-SIDED PRINTING.
4.19A printer operated by an entity in the state executive, legislative, or judicial branch
4.20must be configured so that the default print option is for two-sided printing if it is feasible
4.21to set two-sided printing as the default.
Sec. 8. Minnesota Statutes 2008, section 10A.01, subdivision 18, is amended to read:
Subd. 18. Independent expenditure.
"Independent expenditure" means an
expenditure expressly advocating the election or defeat of a clearly identified candidate,
if the expenditure is made without the express or implied consent, authorization, or
cooperation of, and not in concert with or at the request or suggestion of, any candidate or
any candidate's principal campaign committee or agent. An independent expenditure is
not a contribution to that candidate.
An expenditure by a political party or political party
4.29 unit in a race where the political party has a candidate on the ballot is not an independent
4.30 expenditure An independent expenditure does not include the act of announcing a formal
4.31public endorsement of a candidate for public office, unless the act is simultaneously
4.32accompanied by an expenditure that would otherwise qualify as an independent
4.33expenditure under this subdivision
5.1EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 9. Minnesota Statutes 2008, section 10A.01, is amended by adding a subdivision
5.4 Subd. 37. Independent expenditure political committee. "Independent
5.5expenditure political committee" means a political committee that makes only independent
5.6expenditures and disbursements permitted under section 10A.121, subdivision 1.
Sec. 10. Minnesota Statutes 2008, section 10A.01, is amended by adding a subdivision
5.9 Subd. 38. Independent expenditure political fund. "Independent expenditure
5.10political fund" means a political fund that makes only independent expenditures and
5.11disbursements permitted under section 10A.121, subdivision 1.
Sec. 11. Minnesota Statutes 2008, section 10A.12, is amended by adding a subdivision
5.14 Subd. 1a. When required for independent expenditures. An association other
5.15than a political committee that makes only independent expenditures and disbursements
5.16permitted under section 10A.121, subdivision 1, must do so by forming and registering
5.17an independent expenditure political fund if the expenditure is in excess of $100 or by
5.18contributing to an existing independent expenditure political committee or political fund.
Sec. 12. [10A.121] INDEPENDENT EXPENDITURE POLITICAL
5.20COMMITTEES AND INDEPENDENT EXPENDITURE POLITICAL FUNDS.
5.21 Subdivision 1. Permitted disbursements. An independent expenditure political
5.22committee or an independent expenditure political fund, in addition to making independent
5.24(1) pay costs associated with its fund-raising and general operations;
5.25(2) pay for communications that do not constitute contributions or approved
5.27(3) make contributions to other independent expenditure political committees or
5.28independent expenditure political funds.
5.29 Subd. 2. Penalty. An independent expenditure political committee or independent
5.30expenditure political fund is subject to a civil penalty of up to four times the amount of the
5.31contribution or approved expenditure if it does the following:
6.1(1) makes a contribution to a candidate, party unit, political committee, or political
6.2fund other than an independent expenditure political committee or an independent
6.3expenditure political fund; or
6.4(2) makes an approved expenditure.
6.5This penalty supersedes any penalty otherwise provided in statute.
Sec. 13. Minnesota Statutes 2008, section 10A.20, subdivision 2, is amended to read:
Subd. 2. Time for filing.
(a) The reports must be filed with the board on or before
January 31 of each year and additional reports must be filed as required and in accordance
with paragraphs (b) and (c).
(b) In each year in which the name of the candidate is on the ballot, the report of
the principal campaign committee must be filed 15 days before a primary and ten days
before a general election, seven days before a special primary and a special election,
and ten days after a special election cycle.
(c) In each general election year, a political committee, political fund, or party
unit must file reports 28 and
15 days before a primary and
ten 42 and 15
days before a
general election. Beginning in 2012, reports required under this paragraph must also be
6.17filed 56 days before a primary.
Sec. 14. Minnesota Statutes 2008, section 10A.20, subdivision 4, is amended to read:
Subd. 4. Period of report.
A report must cover the period from
the last day covered
6.20 by the previous report January 1 of the reporting year
to seven days before the filing date,
except that the report due on January 31 must cover the period from the last day covered
by the previous report to December 31.
Sec. 15. Minnesota Statutes 2008, section 10A.20, subdivision 12, is amended to read:
Subd. 12. Failure to file; penalty.
The board must send a notice by certified mail
to any individual who fails to file a statement required by this section. If an individual
fails to file a statement due January 31 within ten business days after the notice was sent,
the board may impose a late filing fee of
per day, not to exceed
day after the notice was sent.
If an individual fails to file a statement due before a primary or election within three
days after the date due, regardless of whether the individual has received any notice, the
board may impose a late filing fee of $50 per day, not to exceed
day after the date the statement was due.
The board must send an additional notice by certified mail to an individual who fails
to file a statement within 14 days after the first notice was sent by the board that the
individual may be subject to a civil penalty for failure to file a statement. An individual
who fails to file the statement within seven days after the second notice was sent by the
board is subject to a civil penalty imposed by the board of up to $1,000.
7.6EFFECTIVE DATE.This section is effective June 1, 2010, and applies to
7.7statements required to be filed on or after that date.
Sec. 16. Minnesota Statutes 2008, section 10A.27, is amended by adding a subdivision
7.10 Subd. 14. Contributions of business revenue. An association may, if not
7.11prohibited by other law, contribute revenue from the operation of a business to an
7.12independent expenditure political committee or an independent expenditure political fund
7.13without complying with section 10A.27, subdivision 13.
Sec. 17. Minnesota Statutes 2008, section 10A.27, is amended by adding a subdivision
7.16 Subd. 15. Contributions of dues or contribution revenue. An association may,
7.17if not prohibited by other law, contribute revenue from membership dues or fees, or
7.18from contributions received by the association to an independent expenditure political
7.19committee or an independent expenditure political fund without complying with section
7.2010A.27, subdivision 13. Before the day when the recipient committee or fund's next report
7.21must be filed with the board under section 10A.20, subdivision 2 or 5, an association
7.22that has contributed $2,000 or more in aggregate to independent expenditure political
7.23committees or funds during the calendar year must provide in writing to the recipient's
7.24treasurer a statement that includes the name and address of each association that paid the
7.25association dues or fees, or made contributions to the association that, in total, aggregate
7.26$1,000 or more between January 1 of the calendar year and the date of the contribution.
7.27The statement must be certified as true and correct by an officer of the contributing
Sec. 18. Minnesota Statutes 2008, section 10A.27, is amended by adding a subdivision
7.31 Subd. 16. Treasurer to submit disclosure statements. The treasurer of a political
7.32committee or political fund receiving a statement required under section 10A.27,
7.33subdivision 15, must file a copy of the statement before the deadline for the committee
8.1or fund's next report filed with the board under section 10A.20, subdivision 2 or 5, after
8.2receiving the statement.
Sec. 19. Minnesota Statutes 2008, section 10A.27, is amended by adding a subdivision
8.5 Subd. 17. Penalty. (a) An association that makes a contribution under section
8.610A.27, subdivision 15, and fails to provide the required statement within the time
8.7specified is subject to a civil penalty of up to four times the amount of the contribution,
8.8but not to exceed $25,000, except when the violation was intentional.
8.9(b) An independent expenditure political committee or an independent expenditure
8.10political fund that files a report without including the statement required under section
8.1110A.27, subdivision 15, is subject to a civil penalty of up to four times the amount of the
8.12contribution for which disclosure was not filed, but not to exceed $25,000, except when
8.13the violation was intentional.
8.14(c) The penalties provided under this subdivision supersede any penalty otherwise
8.15provided in statute.
Sec. 20. [16A.0561] MAPPED DATA ON EXPENDITURES.
8.17(a) Data on expenditure of money from the funds as specified under sections
8.183.303, subdivision 10, and 116P.08, may, if practicable, be made available on the Web
8.19in a manner that allows the public to obtain information about a project receiving an
8.20appropriation by clicking on a map. To the extent feasible, the map should include or link
8.21to information about each project, including, but not limited to, the location, the name
8.22of the entity receiving the appropriation, the source of the appropriation, the amount of
8.23money received, and a general statement of the purpose of the appropriation.
8.24(b) If requested, the Legislative Coordinating Commission may, to the extent
8.25practicable, provide relevant executive branch agencies with public geospatial data that it
8.26receives for its Web site required under section 3.303, subdivision 10. The commissioner
8.27may make this information available to the public in a similar manner as information
8.28provided under paragraph (a).
8.29(c) In creating plans for public expenditures from all geographically locatable or
8.30project based appropriations, prospective budget and project planning should consider
8.31geographic and data reporting that would facilitate the goals of this section.
Sec. 21. Minnesota Statutes 2008, section 16A.125, subdivision 5, is amended to read:
Subd. 5. Forest trust lands.
(a) The term "state forest trust fund lands" as used
in this subdivision, means public land in trust under the Constitution set apart as "forest
lands under the authority of the commissioner" of natural resources as defined by section
9.489.001, subdivision 13
(b) The commissioner of management and budget shall credit the revenue from the
forest trust fund lands to the forest suspense account. The account must specify the trust
funds interested in the lands and the respective receipts of the lands.
(c) After a fiscal year, the commissioner of management and budget shall certify the
total costs incurred for forestry during that year under appropriations for the protection,
improvement, administration, and management of state forest trust fund lands and
construction and improvement of forest roads to enhance the forest value of the lands.
The certificate must specify the trust funds interested in the lands. The commissioner of
natural resources shall supply the commissioner of management and budget with the
information needed for the certificate.
(d) After a fiscal year, the commissioner shall distribute the receipts credited to the
suspense account during that fiscal year as follows:
(1) the amount of the certified costs incurred by the state for forest management,
forest improvement, and road improvement during the fiscal year shall be transferred to
the forest management investment account established under section
9.20the costs associated with the Legislative Coordinating Commission's permanent school
9.21fund land management activities
(2) the balance of the certified costs incurred by the state during the fiscal year
shall be transferred to the general fund; and
(3) the balance of the receipts shall then be returned prorated to the trust funds in
proportion to their respective interests in the lands which produced the receipts.
9.26EFFECTIVE DATE.This section is effective July 1, 2011.
Sec. 22. Minnesota Statutes 2008, section 16A.275, is amended to read:
9.2816A.275 AGENCY RECEIPTS; DEPOSIT, REPORT, CREDIT.
If $250, daily. Deposit receipts.
Except as otherwise provided by
law, an agency shall deposit receipts totaling
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
Subd. 2. Exception.
The commissioner may authorize an agency to deposit
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. 23. [16A.371] RECIPIENTS OF STATE GRANTS AND APPROPRIATIONS.
10.10 (a) This section applies to a nonprofit organization that receives a direct appropriation
10.11of state funds or that receives a grant of state funds, if during the period covered by the
10.12appropriation or grant an officer or employee of the organization will receive a salary from
10.13the nonprofit organization or a related organization that exceeds the salary of the governor.
10.14As a condition of receiving the direct appropriation or grant, a nonprofit organization
10.15covered by this section must agree that the organization will submit to the attorney
10.16general, during each year that the organization receives a direct appropriation or grant of
10.17state funds, a list of the total compensation of the three highest paid directors, officers,
10.18or employees of the organization. The attorney general must make filings under this
10.19paragraph public in the same manner as annual reports filed under section
10.20 (b) This section also applies to a health maintenance organization, as defined in
62D.02, subdivision 4, that has a contract to provide services to the state or to state
10.22employees, if an officer or employee of the organization receives a salary that exceeds
10.23the salary of the governor.
10.24 (c) For purposes of this section:
10.25 (1) "nonprofit organization" includes a corporation, partnership, limited partnership,
10.26limited liability company, joint venture, cooperative, association, or trust, wherever
10.27incorporated, organized, or registered, if the organization is organized on a nonprofit basis;
10.28 (2) "related organization" has the meaning defined in section
10.30 (3) "total compensation" means salaries, fees, bonuses, fringe benefits, severance
10.31payments, and deferred compensation.
Sec. 24. Minnesota Statutes 2008, section 16B.24, subdivision 3, is amended to read:
Subd. 3. Disposal of old buildings. (a) Upon request from the head of an agency
10.34with control of a state-owned building with an estimated market value of less than
11.1$50,000, as determined by the commissioner, the commissioner may sell, demolish, or
11.2otherwise dispose of the building if the commissioner determines that the building is no
11.3longer used or is a fire or safety hazard.
The commissioner, (b)
Upon request of the head of an agency
which has with
of a state-owned building
which is no longer used or which is a fire or safety hazard, shall,
11.6with an estimated market value of $50,000 or more, as determined by the commissioner,
11.7the commissioner may sell, demolish, or otherwise dispose of the building
11.8determining that the building is no longer used or is a fire or safety hazard and
approval of the chairs of the senate Finance Committee and house of representatives Ways
and Means Committee
, sell, wreck, or otherwise dispose of the building
In the event a sale is made under this subdivision,
the proceeds shall be deposited
or in the general fund provided by law. If there is no requirement in
11.13law specifying how proceeds must be deposited other than section 16A.72, the proceeds
11.14must be deposited in the account from which the appropriation to acquire or construct the
11.15building was made. If the account from which the appropriation was made cannot be
11.16identified or has been terminated, the proceeds must be deposited in the general fund
Sec. 25. Minnesota Statutes 2008, section 16B.322, subdivision 4, is amended to read:
Subd. 4. Financing agreement.
The commissioner shall solicit proposals from
private financial institutions on an individual project or line of credit basis
and may enter
into a financing agreement with one or more financial institutions. If a financing agreement
11.21is for an individual project,
the term of the financing agreement shall not exceed 15 years
from the date of final completion of the energy improvement project
. The and a
agreement is assignable to the state agency operating or managing the state building or
facility improved by the energy improvement project. The term of a financing agreement
11.25on an individual project basis must be less than the average expected useful life of the
11.26energy saving measures implemented under the project.
The proceeds from the financing
agreement are appropriated to the commissioner and may be used for the purposes of
this section and are available until spent.
Sec. 26. Minnesota Statutes 2009 Supplement, section 16B.322, subdivision 4a,
is amended to read:
Subd. 4a. Financing agreement.
The commissioner of administration may, in
connection with a financing agreement, covenant
in a master lease-purchase agreement
that the state will abide by the terms and provisions that are customary in net lease or
lease-purchase transactions including, but not limited to, covenants providing that the state:
(1) will maintain insurance as required under the terms of the lease agreement;
(2) is responsible to the lessor for any public liability or property damage claims or
costs related to the selection, use, or maintenance of the leased equipment, to the extent of
insurance or self-insurance maintained by the lessee, and for costs and expenses incurred
by the lessor as a result of any default by the lessee;
(3) authorizes the lessor to exercise the rights of a secured party with respect to the
equipment subject to the lease in the event of default by the lessee and, in addition, for
the present recovery of lease rentals due during the current term of the lease as liquidated
Sec. 27. Minnesota Statutes 2009 Supplement, section 16B.322, subdivision 4b,
is amended to read:
Subd. 4b. Master lease-purchase agreements not debt.
12.13 lease-purchase agreement related to a
financing agreement under this section
constitute or create a general or moral obligation or indebtedness of the state in excess
of the money from time to time appropriated or otherwise available for the payment of
rent coming due under the lease, and the state has no continuing obligation to appropriate
money for the payment of rent or other obligations under the
. Rent due
master lease-purchase financing
agreement under this section
during a current
term for which money has been appropriated is a current expense of the state.
Sec. 28. Minnesota Statutes 2009 Supplement, section 16B.322, subdivision 4c,
is amended to read:
Subd. 4c. Budget offset. The commissioner shall require a state agency that uses
12.23the state energy improvement program to certify that the agency will budget, allocate, and
12.24commit agency funds sufficient to make rent payments under a financing agreement until
12.25all rent obligations are paid in full. In the event a participating agency fails to make a
the commissioner of management and budget shall reduce the operating
agencies that use the master lease-purchase program under a
12.28 financial agreement agency
. The amount of the reduction is the amount sufficient to
make the actual
Sec. 29. Minnesota Statutes 2008, section 16B.322, subdivision 5, is amended to read:
Subd. 5. Qualifying energy improvement projects.
The commissioner may
approve an energy improvement project
and enter into for
a financing agreement if the
commissioner determines that:
(1) the project and project
financing agreement have been approved by the governing
body or head of the state agency that operates or manages the state building or facility to
(2) the project is technically and economically feasible;
(3) the state agency that operates or manages the state building or facility has made
adequate provision for the operation and maintenance of the project;
(4) if an energy efficiency improvement, the project is calculated to result in a
positive cash flow in each year the financing agreement is in effect;
(5) the project proposer has fully explored the use of conservation investment plan
opportunities under section
with the utilities providing gas and electric service
to the energy improvement project;
(6) if a renewable energy improvement, the project is calculated to reduce use of
fossil-fuel energy; and
(7) if a geothermal energy improvement, the project is calculated to produce savings
in terms of nongeothermal energy and costs.
For the purpose of clause (6), "renewable energy" is energy produced by an eligible energy
technology as defined in section
216B.1691, subdivision 1
, paragraph (a), clause (1).
Sec. 30. [16B.535] FLEET MANAGEMENT; CONSOLIDATION.
13.19(a) The Department of Administration shall ensure optimum efficiency and economy
13.20in the fleet management activities of all state agencies. The department must:
13.21(1) maintain a current fleet management inventory and maintenance cost accounting
13.22system that includes all state-owned or leased motor vehicles;
13.23(2) develop uniform state policies and guidelines for vehicle acquisition,
13.24replacement, use, fuel, maintenance, and recording of operational and other costs; and
13.25(3) study the cost-effectiveness of consolidating or privatizing the state vehicle fleet
13.26or sections of the state vehicle fleet, including documenting the current status of fleet
13.27consolidation or privatization and assessing the cost-effectiveness of further consolidation
13.28or privatization of the state vehicle fleet.
13.29(b) When requested by the governor or the legislature, the department must submit
13.30information detailing the costs associated with fleet operations based upon a statewide
13.31uniform cost accounting system.
13.32(c) State agencies authorized by the Department of Administration may operate
13.33a vehicle fleet management program. Each such agency shall assign a fleet manager
13.34who shall operate the agency's fleet program in accordance with policies and guidelines
13.35established by the Department of Administration.
14.1(d) Each fleet manager must review the use of state-owned or leased vehicles within
14.2their agency at least annually to determine whether vehicle utilization meets best practices
14.3criteria as determined by the Department of Administration.
Sec. 31. Minnesota Statutes 2008, section 16C.055, subdivision 2, is amended to read:
Subd. 2. Restriction.
After July 1, 2002, an agency may not enter into a
otherwise agree with a nongovernmental entity to receive total nonmonetary consideration
valued at more than $100,000 annually
in exchange for the agency providing nonmonetary
consideration, unless such an agreement is specifically authorized by law. This subdivision
does not apply to the State Lottery.
Sec. 32. Minnesota Statutes 2009 Supplement, section 16E.02, subdivision 1, is
amended to read:
Subdivision 1. Office management and structure.
(a) The 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 is the state's chief information officer and information and telecommunications
technology advisor to the governor.
(b) The chief information officer may appoint other employees of the office.
The staff of the office must include individuals knowledgeable in information and
telecommunications technology systems and services and individuals with specialized
training in information security and accessibility.
14.22(c) The chief information officer may appoint a Webmaster responsible for the
14.23supervision and development of state Web sites under the control of the office. The
14.24Webmaster, if appointed, shall ensure that these Web sites are maintained in an easily
14.25accessible format that is consistent throughout state government and are consistent
14.26with the accessibility standards developed under section 16E.03, subdivision 9. The
14.27Webmaster, if appointed, shall provide assistance and guidance consistent with the
14.28requirements of this paragraph to other state agencies for the maintenance of other Web
14.29sites not under the direct control of the office.
Sec. 33. 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 ensure:
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
15.5(2) enhanced public access to data can be provided consistent with standards
15.6developed under section 16E.05, subdivision 4
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
(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. 34. Minnesota Statutes 2008, section 16E.05, is amended by adding a subdivision
16.10 Subd. 4. Standards for transparency. The chief information officer, in consultation
16.11with the Information Policy Analysis Division of the Department of Administration,
16.12shall develop standards to enhance public access to electronic data maintained by state
16.13government, consistent with the requirements of chapter 13. The standards must ensure
16.15(1) the state information architecture facilitates public access to agency data;
16.16(2) publicly available data is managed using an approved state metadata model; and
16.17(3) all geospatial data conform to an approved state geocode model.
Sec. 35. 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
(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
(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. These fees must
17.14be deposited into an account in the special revenue fund and are appropriated to the
17.15commissioner to be expended with the approval of the Combined Charities Board in
17.16section 43A.04 for costs associated with administering the annual campaign.
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
Sec. 36. 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
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
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
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
management and budget administration
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
management and budget administration
. 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.
19.6EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 37. Minnesota Statutes 2008, section 103F.755, is amended to read:
19.8103F.755 INTEGRATION OF DATA.
The data collected for the activities of the clean water partnership program that have
common value for natural resource planning must be
provided and integrated into the
19.11 Minnesota land management information system's geographic and summary databases
19.12 according to published data compatibility guidelines made available using standards
19.13adopted by the Office of Enterprise Technology and geospatial technology standards and
19.14guidelines published by the Minnesota Geospatial Information Office
. Costs associated
with this data delivery must be borne by this activity.
Sec. 38. Minnesota Statutes 2008, section 103H.175, as amended by Laws 2009,
chapter 101, article 2, section 107, is amended to read:
19.18103H.175 GROUNDWATER QUALITY MONITORING.
Subdivision 1. Monitoring results to be
submitted to the Minnesota Geospatial
19.20 Information Office made available using state data standards.
The results of
monitoring groundwater quality by state agencies and political subdivisions must
submitted to made available using standards adopted by the Office of Enterprise
19.23Technology and geospatial technology standards and guidelines published by
Minnesota Geospatial Information Office.
Subd. 2. Computerized database.
The Minnesota Geospatial Information Office
19.26Agencies monitoring groundwater
results of groundwater quality monitoring in a manner that is accessible to the Pollution
Control Agency, Department of Agriculture, Department of Health, and Department of
The center shall assess the quality and reliability of the data and
19.30 organize the data in a usable format.
Subd. 3. Report.
In each even-numbered year, the Pollution Control Agency, in
cooperation with other agencies participating in the monitoring of water resources, shall
provide a draft report on the status of groundwater monitoring to the Environmental
Quality Board for review and then to the house of representatives and senate committees
with jurisdiction over the environment, natural resources, and agriculture as part of the
report in section
Sec. 39. Minnesota Statutes 2008, section 115A.15, subdivision 4, is amended to read:
Subd. 4. Staff.
The commissioner of administration
administrator to manage the resource recovery program and other staff and consultants
as are necessary to carry out the program.
Sec. 40. Minnesota Statutes 2008, section 115A.15, subdivision 9, is amended to read:
Subd. 9. Recycling goal.
By December 31, 1996, the commissioner shall recycle
20.10 at least 60 percent by weight of the solid waste generated by state offices and other state
20.11 operations located in the metropolitan area The goal of the resource recovery program
20.12is to recycle at least 60 percent of the solid waste generated by state offices and other
. By March 1 of each year, the commissioner shall report to the Pollution
Control Agency the estimated recycling rates by county for state offices and other state
operations in the metropolitan area for the previous calendar year. The Pollution Control
Agency shall incorporate these figures into the reports submitted by the counties under
115A.557, subdivision 3
, to determine each county's progress toward the goal in
115A.551, subdivision 2
Each state agency in the metropolitan area shall work to meet the recycling goal
If the goal is not met by an agency, the commissioner shall notify that
20.21 agency that the goal has not been met and the reasons the goal has not been met and shall
20.22 provide information to the employees in the agency regarding recycling opportunities and
20.23 expectations The commissioner shall provide agencies with their performance against the
20.24goal along with information about recycling opportunities to increase their performance
Sec. 41. Minnesota Statutes 2008, section 115A.15, subdivision 10, is amended to read:
Subd. 10. Materials recovery facility; materials collection; waste audits.
commissioner of the Department of Administration shall establish a central materials
recovery facility to manage recyclable materials collected from state offices and other state
operations in the metropolitan area. The facility must be located as close as practicable to
the State Capitol complex and must be large enough to accommodate temporary storage
of recyclable materials collected from state offices and other state operations in the
metropolitan area and the processing of those materials for market.
(b) The commissioner shall establish a recyclable materials collection and
transportation system for state offices and other state operations in the metropolitan area
that will maximize the types and amount of materials collected and the number of state
offices and other state operations served, and will minimize barriers to effective and
efficient collection, transportation, and marketing of recyclable materials.
(c) The commissioner
perform regular audits on the solid waste and
recyclable materials collected to identify materials upon which to focus waste reduction,
reuse, and recycling activities
and to measure:
21.9 (1) progress made toward the recycling goal in subdivision 9;
21.10 (2) progress made to reduce waste generation; and
21.11 (3) potential for additional waste reduction, reuse, and recycling
(d) The commissioner may contract with private entities for the activities required in
this subdivision if the commissioner determines that it would be cost-effective to do so.
Sec. 42. Minnesota Statutes 2008, section 127A.30, subdivision 2, is amended to read:
Subd. 2. Duties.
The advisory committee, in conjunction with the Legislative
shall review the policies of the Department of Natural
Resources and current statutes on management of school trust fund lands at least annually
and shall recommend necessary changes in statutes, policy, and implementation in order to
ensure provident utilization of the permanent school fund lands. By January 15 of each
year, the advisory committee shall submit a report to the legislature with recommendations
for the oversight and
management of school trust lands to secure long-term economic
return for the permanent school fund, consistent with sections
committee's annual report may include recommendations to:
(1) manage the school trust lands efficiently;
(2) reduce the management expenditures of school trust lands and maximize the
revenues deposited in the permanent school trust fund;
(3) manage the sale, exchange, and commercial leasing of school trust lands to
maximize the revenues deposited in the permanent school trust fund and retain the value
from the long-term appreciation of the school trust lands; and
(4) manage the school trust lands to maximize the long-term economic return for the
permanent school trust fund while maintaining sound natural resource conservation and
21.33EFFECTIVE DATE.This section is effective July 1, 2011.
Sec. 43. Minnesota Statutes 2008, section 211B.01, subdivision 3, is amended to read:
Subd. 3. Candidate.
"Candidate" means an individual who seeks nomination
or election to a
statewide, legislative, judicial, or local office including special
districts, school districts, towns, home rule charter and statutory cities, and counties
22.4 except candidates for president and vice-president of the United States
Sec. 44. Minnesota Statutes 2008, section 211B.04, is amended to read:
22.6211B.04 CAMPAIGN LITERATURE MUST INCLUDE DISCLAIMER.
(a) A person who participates in the preparation or dissemination of campaign
material other than as provided in section
211B.05, subdivision 1
, that does not
prominently include the name and address of the person or committee causing the material
to be prepared or disseminated in a disclaimer substantially in the form provided in
paragraph (b) or (c) is guilty of a misdemeanor.
(b) Except in cases covered by paragraph (c), the required form of disclaimer is:
"Prepared and paid for by the .......... committee, .........(address)" for material prepared
and paid for by a principal campaign committee, or "Prepared and paid for by the ..........
committee, .........(address), in support of .........(insert name of candidate or ballot
question)" for material prepared and paid for by a person or committee other than a
principal campaign committee.
(c) In the case of broadcast media, the required form of disclaimer is: "Paid for by
the ............ committee."
(d) Campaign material that is not circulated on behalf of a particular candidate
or ballot question must also include in the disclaimer either that it is "in opposition to
.....(insert name of candidate or ballot question.....)"; or that "this publication is not
circulated on behalf of any candidate or ballot question."
(e) This section does not apply to objects stating only the candidate's name and
the office sought, fund-raising tickets, or personal letters that are clearly being sent by
(f) This section does not apply to an individual or association who acts independently
of any candidate, candidate's committee, political committee, or political fund and spends
only from the individual's or association's own resources a sum that is less than
in the aggregate to produce or distribute campaign material that is distributed at
least seven days before the election to which the campaign material relates.
(g) This section does not modify or repeal section
22.33EFFECTIVE DATE.This section is effective June 1, 2010, and applies to
22.34campaign material prepared or disseminated on or after that date.
Sec. 45. Minnesota Statutes 2008, section 211B.15, subdivision 2, is amended to read:
Subd. 2. Prohibited contributions.
A corporation may not make a contribution
or offer or agree to make a contribution
directly or indirectly, of any money, property,
free service of its officers, employees, or members, or thing of monetary value to a
major political party, organization, committee, or individual to promote or defeat the
candidacy of an individual for nomination, election, or appointment to a political office.
For the purpose of this subdivision, "contribution" includes an expenditure to promote or
defeat the election or nomination of a candidate to a political office that is made with the
authorization or expressed or implied consent of, or in cooperation or in concert with, or at
the request or suggestion of, a candidate or committee established to support or oppose a
candidate but does not include an independent expenditure authorized by subdivision 3
Sec. 46. Minnesota Statutes 2008, section 211B.15, subdivision 3, is amended to read:
Subd. 3. Independent expenditures.
A corporation may not make an
expenditure or offer or agree to make an
expenditure to promote or defeat the
candidacy of an individual for nomination, election, or appointment to a political office,
23.16unless the expenditure is an independent expenditure
. For the purpose of this subdivision,
means an expenditure that is not made with the authorization
23.18 or expressed or implied consent of, or in cooperation or concert with, or at the request
23.19 or suggestion of, a candidate or committee established to support or oppose a candidate
23.20has the meaning given in section 10A.01, subdivision 18
23.21EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 47. Minnesota Statutes 2008, section 216B.16, is amended by adding a
subdivision to read:
23.24 Subd. 18. Election or ballot question expenses. The commission may not allow
23.25a public utility to recover from ratepayers expenses resulting from a contribution or
23.26expenditure made for a political purpose, as defined in section 211B.01. This subdivision
23.27does not prohibit a public utility from engaging in political activity or making a
23.28contribution or expenditure otherwise permitted by law.
23.29EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 48. Minnesota Statutes 2008, section 307.08, subdivision 5, is amended to read:
Subd. 5. Cost; use of data.
The cost of authentication, recording, surveying, and
marking burial grounds and the cost of identification, analysis, rescue, and reburial of
human remains on public lands or waters shall be the responsibility of the state or political
subdivision controlling the lands or waters. On private lands or waters these costs shall be
borne by the state, but may be borne by the landowner upon mutual agreement with the
The data collected by this activity that has common value for resource planning must
24.5 be provided and integrated into the Minnesota land management information system's
24.6 geographic and summary databases according to published data compatibility guidelines.
24.7The State Archaeologist must make the data collected for this activity available using
24.8standards adopted by the Office of Enterprise Technology and geospatial technology
24.9standards and guidelines published by the Minnesota Geospatial Information Office.
associated with this data delivery must be borne by the state.
Sec. 49. 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
. 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 trust,
24.25 the payment of a filing fee of $150 to the secretary of state,
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
upon the payment
24.33 of a filing fee of $50 to the secretary of state
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. 50. Minnesota Statutes 2008, section 336.9-531, is amended to read:
25.4336.9-531 ELECTRONIC ACCESS; LIABILITY; RETENTION.
(a) Electronic access.
The secretary of state may allow private parties to have
electronic access to the central filing system and to other computerized records maintained
by the secretary of state on a fee basis, except that: (1) visual access to electronic display
terminals at the public counters at the Secretary of State's Office must be without charge
and must be available during public counter hours; and (2) access by law enforcement
personnel, acting in an official capacity, must be without charge. If the central filing system
allows a form of electronic access to information regarding the obligations of debtors, the
access must be available 24 hours a day, every day of the year.
25.13 13.355 , private parties who have electronic access to computerized records may view the
25.14 Social Security number information about a debtor that is of record.
25.15 Notwithstanding section
13.355 , a filing office may include Social Security number
25.16 information in an information request response under section
336.9-523 or a search of
25.17 other liens in the central filing system. A filing office may also include Social Security
25.18 number information on a photocopy or electronic copy of a record whether provided in
25.19 an information request response or in response to a request made under section
25.20Any Social Security number information or tax identification number information in the
25.21possession of the secretary of state is private data on individuals or nonpublic data.
The secretary of state, county recorders, and their employees and
agents are not liable for any loss or damages arising from errors in or omissions from
information entered into the central filing system as a result of the electronic transmission
of tax lien notices under sections
268.058, subdivision 1, paragraph (c)
272.488, subdivisions 1 and 3
The state, the secretary of state, counties, county recorders, and their employees and
agents are immune from liability that occurs as a result of errors in or omissions from
information provided from the central filing system.
Once the image of a paper record has been captured by the central
filing system, the secretary of state may remove or direct the removal from the files and
destroy the paper record.
25.33EFFECTIVE DATE.This section is effective for financing statements filed in the
25.34central filing system after November 30, 2010.
Sec. 51. Minnesota Statutes 2008, section 336A.08, subdivision 1, is amended to read:
Subdivision 1. Compilation.
(a) The secretary of state shall compile the information
on effective financing statements in the computerized filing system into a master list:
(1) organized according to farm product;
(2) arranged within each product:
(i) in alphabetical order according to the last name of the individual debtor or, in
the case of debtors doing business other than as individuals, the first word in the name
of the debtors;
(ii) in numerical order according to the
Social Security number of the individual
26.10 debtor or, in the case of debtors doing business other than as individuals, the Internal
26.11 Revenue Service taxpayer identification number of the debtors unique identifier assigned
26.12by the secretary of state to, and associated with, the Social Security or tax identification
26.13number of the debtor
(iii) geographically by county; and
(iv) by crop year;
(3) containing the information provided on an effective financing statement; and
(4) designating any applicable terminations of the effective financing statement.
(b) The secretary of state shall compile information from lien notices recorded in the
computerized filing system into a statutory lien master list in alphabetical order according
to the last name of the individual debtor or, in the case of debtors doing business other
than as individuals, the first word in the name of the debtors. The secretary of state may
also organize the statutory lien master list according to one or more of the categories of
information established in paragraph (a). Any terminations of lien notices must be noted.
26.24EFFECTIVE DATE.This section is effective for lists compiled pursuant to this
26.25section after October 31, 2010.
Sec. 52. Minnesota Statutes 2008, section 336A.08, subdivision 4, is amended to read:
Subd. 4. Distribution of master and partial lists.
(a) The secretary of state shall
maintain the information on the effective financing statement master list:
(1) by farm product arranged alphabetically by debtor; and
(2) by farm product arranged numerically by the
debtor's Social Security number for
26.31 an individual debtor or, in the case of debtors doing business other than as individuals, the
26.32 Internal Revenue Service taxpayer identification number of the debtors unique identifier
26.33assigned by the secretary of state to, and associated with, the Social Security or tax
26.34identification number of the debtor
(b) The secretary of state shall maintain the information in the farm products
statutory lien master list by county arranged alphabetically by debtor.
(c) The secretary of state shall distribute or make available the requested master and
partial master lists on a monthly basis to farm product dealers registered under section
. Lists will be distributed or made available on or before the tenth day of each
month or on the next business day thereafter if the tenth day is not a business day.
(d) The secretary of state shall make the master and partial master lists available
as written or printed paper documents and may make lists available in other forms or
(1) any electronically transmitted medium; or
(2) any form of digital media.
(e) There shall be no fee for partial or master lists distributed via an electronically
transmitted medium. The annual fee for any other form of digital media is $200. The
annual fee for paper partial lists is $250 and $400 for paper master lists.
(f) A farm products dealer shall register pursuant to section
by the last
business day of the month to receive the monthly lists requested by the farm products
dealer for that month.
(g) If a registered farm products dealer receives a monthly list that cannot be read or
is incomplete, the farm products dealer must immediately inform the secretary of state by
telephone or e-mail of the problem. The registered farm products dealer shall confirm the
existence of the problem by writing to the secretary of state. The secretary of state shall
provide the registered farm products dealer with new monthly lists in the medium chosen
by the registered farm products dealer no later than five business days after receipt of the
oral notice from the registered farm products dealer. A registered farm products dealer is
not considered to have received notice of the information on the monthly lists until the
duplicate list is received from the secretary of state or until five days have passed since the
duplicate lists were deposited in the mail by the secretary of state, whichever comes first.
(h) On receipt of a written notice pursuant to section
, the secretary of state
shall duplicate the monthly lists requested by the registered farm products dealer. The
duplicate monthly lists must be sent to the registered farm products dealer no later than five
business days after receipt of the written notice from the registered farm products dealer.
(i) A registered farm products dealer may request monthly lists in one medium
(j) Registered farm products dealers must have renewed their registration before the
first day of July each year. Failure to send in the registration before that date will result in
the farm products dealer not receiving the requested monthly lists.
(k) Registered farm products dealers choosing to obtain monthly lists via an
electronically transmitted medium or in any form of digital media may choose to receive
all of the information for the monthly lists requested the first month and then only
additions and deletions to the database for the remaining 11 months of the year. Following
the first year of registration, the registered farm products dealer may choose to continue to
receive one copy of the full monthly list at the beginning of each year or may choose to
receive only additions and deletions.
28.8EFFECTIVE DATE.This section is effective for lists distributed pursuant to this
28.9section after October 31, 2010.
Sec. 53. Minnesota Statutes 2008, section 336A.14, is amended to read:
28.11336A.14 RESTRICTED USE OF INFORMATION.
28.12Any Social Security number information or tax identification number information in
28.13the possession of the secretary of state is private data on individuals or nonpublic data.
Information obtained from the seller of a farm product relative to the Social Security
number or tax identification number of the true owner of the farm product and all
information obtained from the master or limited list may not be used for purposes that are
not related to: (1) purchase of a farm product; (2) taking a security interest against a farm
product; or (3) perfecting a farm product statutory lien.
28.19EFFECTIVE DATE.This section is effective October 31, 2010.
Sec. 54. Minnesota Statutes 2009 Supplement, section 365.46, subdivision 2, is
amended to read:
Subd. 2. Copies.
county auditor shall also secretary of state shall
copy of the notice of the dissolution to: (1) the state demographer, (2) the Minnesota
Geospatial Information Office, (3) the chief administrative law judge of the state Office
of Administrative Hearings,
(4) the commissioner of transportation, and (5) the
28.26commissioner of revenue
Sec. 55. Minnesota Statutes 2009 Supplement, section 379.05, is amended to read:
28.28379.05 AUDITOR TO SUM UP REPORT FOR STATE, MAKE TOWN
Each county auditor shall within 30 days after any such town is organized
transmit by mail or appropriate digital technology
the commissioner of revenue,
secretary of state
, the state demographer, the Minnesota Geospatial Information Office,
29.1 the chief administrative law judge of the state Office of Administrative Hearings, and
29.2 the commissioner of transportation
an abstract of such report, giving the name and
boundaries of such town and record in a book kept for that purpose a full description
of each such town. The secretary of state shall distribute copies of the abstract to the
29.5commissioner of revenue, state demographer, the Minnesota Geospatial Information
29.6Office, the chief administrative law judge of the state Office of Administrative Hearings,
29.7and the commissioner of transportation.
Sec. 56. Minnesota Statutes 2008, section 557.01, is amended to read:
29.9557.01 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.
For filing and recording
29.26 such papers the secretary shall be entitled to 15 cents for each folio The fee for each filing
29.27made under this section is $50
Sec. 57. Laws 2010, chapter 189, section 35, subdivision 1, is amended to read:
Subdivision 1. Grants authorized. Within the limits of available appropriations,
the commissioner shall make grants to counties, cities, towns, and school districts to
acquire, construct, or renovate public land and buildings and other public improvements
of a capital nature for cooperative facilities to be owned and operated by the grantees.
Sec. 58. STUDY OF DIVISION OF STATE DEPOSITORY ACCOUNTS AND
30.2GENERAL FUND REVENUE ACCOUNT.
30.3(a) The Carlson School of Management at the University of Minnesota is requested
30.5(1) the feasibility of dividing the state's general fund revenue account among
30.6community financial institutions and transferring the state's major and minor accounts to
30.7community financial institutions in order to ensure that state money benefits Minnesota
30.9(2) the potential economic benefit or costs of transferring all major and minor
30.10accounts to community financial institutions; and
30.11(3) the potential economic benefit or costs to governmental entities as defined by
30.12Minnesota Statutes, section 118A.01, subdivision 2, from an increase in their use of
30.13community financial institutions as defined in clause (1).
30.14(b) The results of the study must be reported to the legislature by December 1, 2010.
30.15For purposes of this section, "community financial institution" means a federally
30.16insured bank or credit union, chartered as a bank or credit union by the state of
30.17Minnesota or the United States, that is headquartered in Minnesota and has no more than
30.18$2,500,000,000 in assets.
Sec. 59. GOVERNMENT EFFICIENCY AND TRANSPARENCY STUDIES.
30.20 Subdivision 1. Data center study. (a) The commissioner of management and
30.21budget, in consultation with the state chief information officer, must study and report to the
30.22chairs and ranking minority members of the house and senate committees with jurisdiction
30.23over state government finance by January 15, 2011, on the feasibility and estimated costs
30.24of entering into a lease or lease-purchase agreement with a private nonprofit organization,
30.25involving a private sector developer, to provide a centralized data center for state agencies
30.26or to upgrade current facilities for purposes of data center consolidation. The report must
30.27include a potential schedule for consolidation of existing state agency data centers, and
30.28an estimate of any savings, increased efficiencies, or performance improvements that
30.29would be achieved through this consolidation.
30.30(b) In conducting the study required under paragraph (a), the commissioner shall
30.31consult with representatives of higher education and local government units to determine
30.32the feasibility and desirability of creating a shared service contract for a data center.
30.33(c) If the commissioner of management and budget and chief information officer
30.34conclude that entering into an agreement described in paragraph (a) is cost-beneficial, the
30.35commissioner may enter into such an agreement notwithstanding any law to the contrary.
31.1 Subd. 2. Transparency standards. By January 15, 2011, the chief information
31.2officer shall report to the chairs and ranking minority members of the legislative
31.3committees with jurisdiction over the Office of Enterprise Technology regarding the
31.4development of the standards to enhance public access to data required under Minnesota
31.5Statutes, section 16E.05, subdivision 4. The report must describe the process for
31.6development of the standards, including the opportunity provided for public comment,
31.7and specify the components of the standards that have been implemented, including a
31.8description of the level of public use of the new opportunities for data access under the
Sec. 60. REQUEST FOR PROPOSALS.
31.11(a) The commissioner of revenue shall issue a request for proposals for a contract to
31.12implement a system of tax analytics and business intelligence tools to enhance the state's
31.13tax collection process and revenues by improving the means of identifying candidates
31.14for audit and collection activities and prioritizing those activities to provide the highest
31.15returns on auditors' and collection agents' time. The request for proposals must require
31.16that the system recommended and implemented by the contractor:
31.17(1) leverage the Department of Revenue's existing data and other available data
31.18sources to build models that more effectively and efficiently identify accounts for audit
31.19review and collections;
31.20(2) leverage advanced analytical techniques and technology such as pattern
31.21detection, predictive modeling, clustering, outlier detection, and link analysis to identify
31.22suspect accounts for audit review and collections;
31.23(3) leverage a variety of approaches and analytical techniques to rank accounts and
31.24improve the success rate and the return on investment of department employees engaged
31.25in audit activities;
31.26(4) leverage technology to make the audit process more sustainable and stable, even
31.27with turnover of department auditing staff;
31.28(5) provide optimization capabilities to more effectively prioritize collections and
31.29increase the efficiency of employees engaged in collections activities; and
31.30(6) incorporate mechanisms to decrease wrongful auditing and reduce interference
31.31with Minnesota taxpayers who are fully complying with the laws.
31.32(b) Based on acceptable responses to the request for proposals, the commissioner
31.33shall enter into a contract for the services specified in paragraph (a) by July 1, 2012. The
31.34contract must incorporate a performance-based vendor financing option whereby the
31.35vendor shares in the risk of the project's success.
32.1EFFECTIVE DATE.This section is effective July 1, 2011.
Sec. 61. COMMISSION ON SERVICE INNOVATION.
32.3The governor shall appoint a Commission on Service Innovation to produce a
32.4strategic plan to reengineer the delivery of state and local government services, including
32.5the realignment of service delivery by region and proximity, the use of new technologies,
32.6shared facilities, and other means of improving efficiency. The plan shall also provide a
32.7process to review and modify recommendations at regular intervals in the future based on
32.8specific results measured at regular intervals. The plan shall also include any proposed
32.9legislation necessary to implement the commission's recommendations.
Sec. 62. COST RECOVERY.
32.11During the biennium ending June 30, 2011, the chief information officer of the
32.12Office of Enterprise Technology may bill executive branch state agencies and offices
32.13for any increased costs the office incurs in implementing amendments to Minnesota
32.14Statutes, chapter 16E, in this act. Amounts received by the office under this section are
32.15appropriated to the office for purposes of implementing Minnesota Statutes, chapter 16E,
32.16in the manner specified in this act.
Sec. 63. BUSINESS INTELLIGENCE AND INFORMATION ANALYTICS.
32.18The Legislative Coordinating Commission must ensure that the house of
32.19representatives and the senate have improved ability to access and analyze public data
32.20contained in executive branch accounting, procurement, and budget systems. The
32.21commission must issue a request for information or a request for proposals for the
32.22legislature to obtain business intelligence and information analytics software or software
Sec. 64. PREDESIGN.
32.25Minnesota Statutes, section 16B.335, subdivision 3, does not apply to projects under
32.26Laws 2010, chapter 189, section 19, subdivision 4.
Sec. 65. APPROPRIATIONS; ASSISTIVE VOTING EQUIPMENT AND
32.29 Subdivision 1. Operating grants. $300,000 is appropriated in fiscal year 2010 from
32.30the Help America Vote Act account to the secretary of state for grants to counties to defray
32.31operating costs of the assistive voting equipment and vote-counting equipment in each
33.1polling place. This appropriation is available until spent. Grants of up to $300 per polling
33.2place may be made until this appropriation is exhausted. If the grant requests exceed the
33.3appropriation available, the secretary of state shall prorate the grant amounts to each
33.4eligible county to match the amount available.
33.5 Subd. 2. Grant application. To receive a grant under this subdivision, a county
33.6must apply to the secretary of state on forms prescribed by the secretary of state that
33.7set forth how the grant money will be spent. Grant applications for operating costs for
33.8the 2010 elections must be received by the secretary of state by August 1, 2010. Grant
33.9awards must be made to the counties by December 1, 2010. If funds remain from this
33.10appropriation, the secretary may also make grants available for the 2012 election, with
33.11grant applications due by March 1, 2012, and grants made to counties by June 30, 2012.
33.12 Subd. 3. Eligibility. To be eligible to apply for a grant under this section, a county
33.13must have fewer than 50,000 registered voters as of January 1, 2010, and must have
33.14less than $300 per polling place that was used in the 2008 general election as a balance,
33.15including any interest earned on the account, in its Help America Vote Act account from
33.16funds distributed to it in 2005.
33.17 Subd. 4. Report. Each county receiving a grant under this section must include
33.18the expenditures it has made on the appropriate Help America Vote Act reports submitted
33.19to the secretary of state. If a county does not use the funds it has received under this
33.20section by June 30, 2013, it must return the funds to the secretary of state. In addition
33.21to the report required by this section, each county receiving a grant under this act must
33.22maintain financial records for each grant sufficient to satisfy federal audit standards and
33.23must transmit those records to the secretary of state upon request of the secretary of state.
33.24The secretary of state must report by January 15, 2011, and January 15, 2013, to the
33.25chairs and ranking minority members of the house of representatives and senate funding
33.26divisions with jurisdiction over the Office of the Secretary of State on the amount of grants
33.27made to each county receiving a grant under this section in the prior calendar year.
33.28 Subd. 5. Operating costs. "Operating costs" include actual county and municipal
33.29costs for hardware maintenance, election day technical support, software licensing, system
33.30programming, voting system testing, training of county or municipal staff in the use of
33.31voting equipment, and transportation of and storage of the voting equipment.
33.32EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 66. APPROPRIATIONS; OPTICAL SCAN EQUIPMENT.
34.1 Subdivision 1. Optical scan voting equipment grants. $2,100,000 is appropriated
34.2in fiscal year 2010 from the Help America Vote Act account to the secretary of state
34.3for grants to counties to purchase optical scan voting equipment. This appropriation
34.4is available until spent. If the grant requests exceed the appropriation available, the
34.5secretary of state shall prorate the grant amounts to each eligible county to match the
34.7 Subd. 2. Grant application. To receive a grant under this section, a county must
34.8apply to the secretary of state on forms prescribed by the secretary of state that set forth
34.9how the grant money will be spent. Applications for grants under this section must be
34.10submitted to the secretary of state by December 1, 2010, and be for purchases made prior
34.11to March 31, 2014. Any funds granted to a county and not spent by June 30, 2014, must
34.12be returned to the secretary of state and the Help America Vote Act account.
34.13 Subd. 3. Eligibility. A county is eligible to apply for a grant of up to $4,000 per
34.14precinct to replace precinct-based optical scan vote counters if the vote counter was
34.15purchased prior to December 31, 2002, and the county received no federal or state funds
34.16to defray the cost of that purchase. Counties must agree to provide a 50 percent match for
34.17any state and federal funds granted through this grant application.
34.18 Subd. 4. Report. Each county receiving a grant under this section must include
34.19the expenditures it has made on the appropriate Help America Vote Act reports submitted
34.20to the secretary of state. If a county does not use the funds it has received under this
34.21section by June 30, 2014, it must return the funds to the secretary of state. In addition
34.22to the report required by this section, each county receiving a grant under this act must
34.23maintain financial records for each grant sufficient to satisfy federal audit standards and
34.24must transmit those records to the secretary of state upon request of the secretary of state.
34.25The secretary of state must report by January 15 each year through 2014 to the chairs and
34.26ranking minority members of the house of representatives and senate funding divisions
34.27with jurisdiction over the Office of the Secretary of State on the amount of grants made to
34.28each county receiving a grant under this section in the prior calendar year.
34.29EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 67. REPEALER.
34.31(a) Laws 2005, chapter 162, section 34, subdivision 2, as amended by Laws 2009,
34.32chapter 101, article 2, section 95, is repealed.
34.33(b) Minnesota Statutes 2009 Supplement, section 645.44, subdivision 19, is repealed.
35.1(c) Minnesota Statutes 2008, section 211B.15, subdivision 12, is repealed.
Sec. 68. EFFECTIVE DATE.
35.3 Section 23 is effective July 1, 2010, and applies to grant agreements entered into
35.4and to appropriations received after that date. The repeal of Minnesota Statutes, section
35.5211B.15, subdivision 12, is effective the day following final enactment.
Section 1. STRATEGIC PLAN REPORT.
35.9By January 15, 2011, the Minnesota Innovation and Research Council shall report to
35.10the governor and the chairs and ranking minority members of the legislative committees
35.11and divisions with jurisdiction over state government policy and finance with a strategic
35.12plan containing findings and recommendations to improve state and local government
35.13delivery of public services. The strategic plan must specify:
35.14(1) how to enhance the public involvement and input as the public uses state and
35.15local government services and public schools;
35.16(2) how technology can be leveraged to reduce costs and enhance quality;
35.17(3) how service innovation will increase value or results per dollar spent; and
35.18(4) the design for a platform that will facilitate high-quality innovation and evaluate
35.19state and local government structural redesign in the future.
35.20The strategic plan shall also provide a process to review and modify
35.21recommendations at regular intervals in the future based on specific results measured
35.22at regular intervals.
35.23The strategic plan shall also include any proposed legislation necessary to implement
35.24the council's recommendations.
35.26MINNESOTA INNOVATION AND RESEARCH COUNCIL
Section 1. Minnesota Statutes 2008, section 3.971, is amended by adding a subdivision
35.29 Subd. 9. Recommendations to the Minnesota Innovation and Research Council.
35.30The legislative auditor may make recommendations to the Minnesota Innovation and
35.31Research Council established under section 465.7902 that will assist the council in
35.32accomplishing its duties.
Sec. 2. [465.7901] DEFINITIONS.
36.2 Subdivision 1. Agency. "Agency" means a department, agency, board, or other
36.3instrumentality of state government that has jurisdiction over an administrative rule or
36.4law from which a waiver is sought under section 465.7903. If no specific agency has
36.5jurisdiction over such a law, agency refers to the attorney general.
36.6 Subd. 2. Council. "Council" means the Minnesota Innovation and Research Council
36.7established by section 465.7902.
36.8 Subd. 3. Local government unit. "Local government unit" means a county, home
36.9rule charter or statutory city, school district, town, or special taxing district.
36.10 Subd. 4. Metropolitan agency. "Metropolitan agency" has the meaning given in
36.11section 473.121, subdivision 5a.
36.12 Subd. 5. Metropolitan area. "Metropolitan area" has the meaning given in section
36.13473.121, subdivision 2.
36.14 Subd. 6. Metropolitan Council. "Metropolitan Council" means the Metropolitan
36.15Council established by section 473.123.
36.16 Subd. 7. Scope. As used in sections 465.7901 to 465.7907 and 465.805 to 465.808,
36.17the terms defined in this section have the meanings given them.
Sec. 3. [465.7902] MINNESOTA INNOVATION AND RESEARCH COUNCIL.
36.19 Subdivision 1. Membership. The Minnesota Innovation and Research Council
36.20consists of 15 members, appointed as follows:
36.21(1) two members of the senate, appointed by the Subcommittee on Committees of
36.22the Senate Committee on Rules and Administration, one member of the majority caucus
36.23and one member of the largest minority caucus;
36.24(2) two members of the house of representatives, appointed by the speaker of the
36.25house, one member of the majority caucus and one member of the largest minority caucus;
36.26(3) the commissioner of management and budget;
36.27(4) the commissioner of administration;
36.28(5) the state chief information officer;
36.29(6) an administrative law judge appointed by the chief administrative law judge;
36.30(7) the state auditor;
36.31(8) two members with a background in academic research concerning system
36.32redesign and delivery, including one member appointed by the chancellor of the Minnesota
36.33State Colleges and Universities and one member appointed by the president of the
36.34University of Minnesota;
37.1(9) one member with experience in the leadership of nonprofit organizations,
37.2appointed by the Minnesota Council of Nonprofits;
37.3(10) one member with experience in foundation leadership appointed by the
37.4Minnesota Council on Foundations;
37.5(11) one member with experience as a leader of a for-profit corporation, appointed
37.6by the Minnesota Chamber of Commerce; and
37.7(12) one member representing public employees appointed by the American
37.8Federation of State, County and Municipal Employees.
37.9All members must have experience or interest in the work of system redesign or public
37.10sector innovation. The legislative members serve as nonvoting members. Only members
37.11designated in clauses (3) to (7) may vote on proposed rule or law waivers under section
37.12465.7903. A commissioner serving on the council may designate an employee from the
37.13commissioner's agency to serve as the commissioner's designee. A person registered as a
37.14lobbyist under chapter 10A may not be a member of the council.
37.15 Subd. 2. Duties of council. The council shall:
37.16(1) accept applications from local government units and nonprofit organizations for
37.17waivers of administrative rules and temporary, limited exemptions from enforcement of
37.18procedural requirements in state law as provided in section 465.7903, and determine
37.19whether to approve, modify, or reject the application;
37.20(2) accept applications for grants to local government units and related organizations
37.21proposing to design models or plans for innovative service delivery and management as
37.22provided in section 465.7905, and determine whether to approve, modify, or reject the
37.24(3) accept applications from eligible local government units for service-sharing
37.25grants as provided in section 465.7905, and determine whether to approve, modify,
37.26or reject the application;
37.27(4) make recommendations to the legislature for the authorization of pilot projects
37.28for the implementation of innovative service delivery activities that require statutory
37.30(5) make recommendations to the legislature regarding the elimination of state
37.31mandates that inhibit local government efficiency, innovation, and cooperation by
37.32prescribing specific processes for achieving a desired outcome;
37.33(6) investigate and review the role of unfunded state mandates in intergovernmental
37.34relations and assess their impact on state and local government objectives and
37.36(7) make recommendations to the governor and the legislature regarding:
38.1(i) allowing flexibility for local units of government in complying with specific
38.2unfunded state mandates for which terms of compliance are unnecessarily rigid or
38.4(ii) reconciling any two or more unfunded state mandates that impose contradictory
38.5or inconsistent requirements;
38.6(iii) terminating unfunded state mandates that are duplicative, obsolete, or lacking
38.7in practical utility;
38.8(iv) suspending, on a temporary basis, unfunded state mandates that are not vital
38.9to public health and safety and that compound the fiscal difficulties of local units of
38.10government, including recommendations for initiating the suspensions;
38.11(v) consolidating or simplifying unfunded state mandates or the planning or
38.12reporting requirements of the mandates, in order to reduce duplication and facilitate
38.13compliance by local units of government with those mandates; and
38.14(vi) establishing common state definitions or standards to be used by local units of
38.15government in complying with unfunded state mandates that use different definitions or
38.16standards for the same terms or principles;
38.17(8) identify relevant unfunded state mandates;
38.18(9) facilitate proposals for grants made by eligible applicants; and
38.19(10) make recommendations on topics to the Legislative Audit Commission for
38.20program evaluations that are likely to result in recommendations that will improve the
38.21cost-effective delivery of government services.
38.22The duties imposed under clauses (6) to (10) must be performed to the extent
38.23possible given existing resources. Each recommendation under clause (7) must, to
38.24the extent practicable, identify the specific unfunded state mandates to which the
38.25recommendation applies. The commissioners or directors of state agencies responsible for
38.26the promulgation or enforcement of the unfunded mandates addressed in clauses (5) to
38.27(10) shall assist the council in carrying out the council's duties under this section.
38.28 Subd. 3. Additional coordinating functions. The council may also:
38.29(1) serve as a clearinghouse for existing ideas and information from community
38.31(2) provide a Web site where interested parties may share information and practices;
38.32(3) receive recommendations from the legislative auditor concerning waivers and
38.33other initiatives within the council's jurisdiction;
38.34(4) conduct research concerning innovation in service delivery and local government
38.35efficiency, innovation, and cooperation;
39.1(5) facilitate regional dialogue concerning successful innovation and collaboration;
39.3(6) use its best efforts to maximize public involvement in its work, including the use
39.4of best practices in social media.
39.5 Subd. 4. Staff. The council shall hire an executive director who serves as the state's
39.6chief innovation officer. The council may hire other staff or consultants as necessary to
39.7perform its duties. The commissioner of administration must provide administrative
39.8support services to the council.
39.9 Subd. 5. Terms, compensation, and removal. Members serve at the pleasure of
39.10the appointing authority. Compensation of members is governed by section 15.0575,
39.11unless otherwise provided.
Sec. 4. [465.7903] RULE AND LAW WAIVER REQUESTS.
39.13 Subdivision 1. Generally. (a) Except as provided in paragraph (b), a local
39.14government unit or a nonprofit organization may request the Minnesota Innovation and
39.15Research Council to grant a waiver from one or more administrative rules or a temporary,
39.16limited exemption from enforcement of state procedural laws governing delivery of
39.17services by the local government unit or nonprofit organization. Two or more local
39.18government units may submit a joint application for a waiver or exemption under this
39.19section if they propose to cooperate in providing a service or program that is subject to the
39.20rule or law. Before a local unit of government may submit an application to the council,
39.21the governing body of the local government unit must approve, in concept, the proposed
39.22waiver or exemption at a meeting required to be public under chapter 13D. A waiver
39.23or exemption granted to a nonprofit organization under this section applies to services
39.24provided to all of the organization's clients.
39.25(b) A school district that is granted a variance from rules of the commissioner of
39.26education under section 122A.163 need not apply to the council for a waiver of those rules
39.27under this section. A school district may not seek a waiver of rules under this section if
39.28the commissioner of education has authority to grant a variance to the rules under section
39.29122A.163. This paragraph does not preclude a school district from being included in a
39.30cooperative effort with another local government unit under this section.
39.31 Subd. 2. Application. (a) A local government unit or nonprofit organization
39.32requesting a waiver of a rule or exemption from enforcement of a law under this section
39.33shall present a written application to the council. The application must include:
39.34(1) identification of the service or program at issue;
40.1(2) identification of the administrative rule or the law imposing a procedural
40.2requirement with respect to which the waiver or exemption is sought; and
40.3(3) a description of the improved service outcome sought, including an explanation
40.4of the effect of the waiver or exemption in accomplishing that outcome.
40.5(b) A local government unit submitting an application must provide a copy to the
40.6exclusive representative certified under section 179A.12 to represent employees who
40.7provide the service or program affected by the requested waiver or exemption.
40.8 Subd. 3. Review process. (a) Upon receipt of an application, the council shall
40.9commence review of the application, as provided in this subdivision. The council shall
40.10dismiss an application if it finds that the application proposes a waiver of rules or
40.11exemption from enforcement of laws that would result in due process violations, violations
40.12of federal law or the state or federal constitution, or the loss of services to people who
40.13are entitled to them. If the council does not dismiss an application, the council must
40.14publish notice in the State Register before it acts on the application. The notice must list
40.15the name of the local government unit or nonprofit organization requesting the waiver or
40.16exemption, the service or program at issue, and the rule or law with respect to which the
40.17waiver of exemption is sought.
40.18(b) The council shall determine whether a law from which an exemption for
40.19enforcement is sought is a procedural law, specifying how a local government unit or
40.20nonprofit organization is to achieve an outcome, rather than a substantive law prescribing
40.21the outcome or otherwise establishing policy. For the purposes of this section, "procedural
40.22law" does not include a statutory notice requirement. In making its determination, the
40.23council shall consider whether the law specifies such requirements as:
40.24(1) who must deliver a service;
40.25(2) where the service must be delivered;
40.26(3) to whom and in what form reports regarding the service must be made; and
40.27(4) how long or how often the service must be made available to a given recipient.
40.28(c) If a member of the council also is a commissioner, a commissioner's designee, or
40.29the state auditor, or is employed by an agency with jurisdiction over a rule or law affected
40.30by an application, the member must not participate in the decision on the particular waiver
40.32(d) If the application is submitted by a local government unit or a nonprofit
40.33organization in the metropolitan area or the unit or nonprofit organization requests a
40.34waiver of a rule or temporary, limited exemptions from enforcement of a procedural
40.35law over which the Metropolitan Council or a metropolitan agency has jurisdiction, the
40.36council shall also transmit a copy of the application to the Metropolitan Council for
41.1review and comment. The Metropolitan Council shall report its comments to the council
41.2within 60 days of the date the application was transmitted to the Metropolitan Council.
41.3The Metropolitan Council may point out any resources or technical assistance it may be
41.4able to provide a local government unit or nonprofit organization submitting a request
41.5under this section.
41.6(e) Within 15 days after receipt of the application, the council shall transmit a copy
41.7of it to the commissioner of each agency having jurisdiction over a rule or law from which
41.8a waiver or exemption is sought. The agency may mail a notice that it has received an
41.9application for a waiver or exemption to all persons who have registered with the agency
41.10under section 14.14, subdivision 1a, identifying the rule or law from which a waiver or
41.11exemption is requested. If no agency has jurisdiction over the rule or law, the council shall
41.12transmit a copy of the application to the attorney general. The agency shall inform the
41.13council of its agreement with or objection to and grounds for objection to the waiver or
41.14exemption request within 60 days of the date when the application was transmitted to it.
41.15An agency's failure to respond under this paragraph is considered agreement to the waiver
41.16or exemption. The council shall decide whether to grant a waiver or exemption at its next
41.17regularly scheduled meeting following its receipt of an agency's response or the end of
41.18the 60-day response period. If consideration of an application is not concluded at that
41.19meeting, the matter may be carried over to the next meeting of the council. Interested
41.20persons may submit written comments and requests to present oral comments to the
41.21council on the waiver or exemption request up to the time of its vote on the application.
41.22(f) If the exclusive representative of the affected employees of the requesting local
41.23government unit objects to the waiver or exemption request, it may inform the council
41.24of the objection to and the grounds for the objection to the waiver or exemption request
41.25within 60 days of the receipt of the application.
41.26 Subd. 4. Hearing. If the agency or the exclusive representative does not agree
41.27with the waiver or exemption request, the council shall set a date for a hearing on the
41.28application. The hearing must be conducted informally at a meeting of the council.
41.29Persons representing the local government unit shall present their request for the waiver or
41.30exemption, and a representative from the agency shall explain the agency's objection to the
41.31waiver or exemption. Members of the council may request additional information from
41.32either party. The council may also request, either before or at the hearing, information
41.33or comments from representatives of business, labor, local governments, state agencies,
41.34consultants, and members of the public. If a member of the public requests to present
41.35comments or information at the hearing, the council must permit the member of the
41.36public an opportunity to present the comments or information. If necessary, the hearing
42.1may be continued at a subsequent council meeting. A waiver or exemption requires a
42.2majority vote of the council members. The council may modify the terms of the waiver or
42.3exemption request in arriving at the agreement required under subdivision 5.
42.4 Subd. 5. Conditions of agreements. (a) If the council grants a request for a waiver
42.5or exemption, the council and the entity making the request shall enter into an agreement
42.6providing for the delivery of the service or program that is the subject of the application.
42.7The agreement must specify desired outcomes and the means of measurement by which
42.8the council will determine whether the outcomes specified in the agreement have been
42.9met. The agreement must specify the duration of the waiver or exemption. The duration of
42.10a waiver from an administrative rule may be for no less than two years and no more than
42.11four years, subject to renewal if both parties agree. An exemption from enforcement of a
42.12law terminates ten days after adjournment of the regular legislative session held during the
42.13calendar year following the year when the exemption is granted, unless the legislature has
42.14acted to extend or make permanent the exemption.
42.15(b) If the council grants a waiver or exemption, it must report the waiver or
42.16exemption to the legislature, including the chairs of the governmental operations and
42.17appropriate policy committees in the house of representatives and senate, and the governor
42.18within 30 days.
42.19(c) The council may reconsider or renegotiate the agreement if the rule or law
42.20affected by the waiver or exemption is amended or repealed during the term of the original
42.21agreement. A waiver of a rule under this section has the effect of a variance granted by
42.22an agency under section 14.055. The recipient of an exemption from enforcement of a
42.23procedural requirement in state law under this section is exempt from that law for the
42.24duration of the exemption. The council may require periodic reports from the recipient, or
42.25conduct investigations of the service or program.
42.26 Subd. 6. Enforcement. If the council finds that the recipient of a waiver or an
42.27exemption has failed to comply with the terms of the agreement under subdivision 5, it
42.28may rescind the agreement. After an agreement is rescinded, the recipient is subject to the
42.29rules and laws covered by the agreement.
42.30 Subd. 7. Access to data. If the recipient of a waiver or an exemption through a
42.31cooperative program under this section gains access to data that is classified as not public,
42.32the access to and use of the data for the recipient is governed by the same restrictions on
42.33access to and use of the data that apply to the unit that collected, created, received, or
42.34maintained the data.
Sec. 5. [465.7904] WAIVERS OF STATE RULES; POLICIES.
43.1 Subdivision 1. Application. A state agency may apply to the council for a waiver
43.3(1) an administrative rule or policy adopted by the commissioner of management
43.4and budget that deals with the state personnel system;
43.5(2) an administrative rule or policy of the commissioner of administration that
43.6deals with the state procurement system; or
43.7(3) a policy of the commissioner of management and budget that deals with the
43.8state accounting system.
43.9Two or more state agencies may submit a joint application. A waiver application
43.10must identify the rule or policy at issue, and must describe the improved outcome sought
43.11through the waiver.
43.12 Subd. 2. Review process. (a) The council shall review all applications submitted
43.13under this section. The council shall dismiss an application if it finds that the application
43.14proposes a waiver that would result in due process violations, violations of federal law
43.15or the state or federal constitution, or the loss of services to people who are entitled to
43.16them. If a proposed waiver would violate the terms of a collective bargaining agreement
43.17effective under chapter 179A, the waiver is not effective without the consent of the
43.18exclusive representative that is a party to the agreement. The council may approve a
43.19waiver only if the council determines that if the waiver is granted: (1) services can
43.20be provided in a more efficient or effective manner; and (2) services related to human
43.21resources must be provided in a manner consistent with section 43A.01. In the case of a
43.22waiver from a policy of the commissioner of management and budget, the council may
43.23approve the waiver only if it determines that services will be provided in a more efficient
43.24or effective manner and that state funds will be adequately accounted for and safeguarded
43.25in a manner that complies with generally accepted government accounting principles.
43.26(b) Within 15 days of receipt of the application, the council shall send a copy of the
43.27application to: (1) the agency whose rule or policy is involved; and (2) all exclusive
43.28representatives who represent employees of the agency requesting the waiver. The agency
43.29whose rule or policy is involved may mail a copy of the application to all persons who
43.30have registered with the agency under section 14.14, subdivision 1a.
43.31(c) The agency whose rule or policy is involved, or an exclusive representative, shall
43.32notify the council of its agreement with or objection to and grounds for objection to the
43.33waiver within 60 days of the date when the application was transmitted to the agency or
43.34the exclusive representative. An agency's or exclusive representative's failure to respond
43.35under this paragraph is considered agreement to the waiver.
44.1(d) If the agency or the exclusive representative objects to the waiver, the council
44.2shall schedule a meeting at which the agency requesting the waiver may present its case
44.3for the waiver and the objecting party may respond. The council shall decide whether
44.4to grant a waiver at its next regularly scheduled meeting following its receipt of an
44.5agency's response, or the end of the 60-day response period, whichever occurs first. If
44.6consideration of an application is not concluded at the meeting, the matter may be carried
44.7over to the next meeting of the council. Interested persons may submit written comments
44.8to the council on the waiver request.
44.9(e) If the council grants a request for a waiver, the council and the agency requesting
44.10the waiver shall enter into an agreement relating to the outcomes desired as a result of the
44.11waiver and the means of measurement to determine whether those outcomes have been
44.12achieved with the waiver. The agreement must specify the duration of the waiver, which
44.13must be for at least two years and not more than four years. If the council determines that
44.14an agency that has received a waiver is failing to comply with the terms of the agreement,
44.15the council may rescind the agreement.
44.16 Subd. 3. Participation. If a waiver request involves a rule or policy adopted by an
44.17official specified in section 465.7902, subdivision 1, clauses (3) to (7), that official may
44.18not participate in the evaluation of that waiver request.
Sec. 6. [465.7905] INNOVATION AND REDESIGN GRANTS.
44.20 Subdivision 1. Application. One or more local units of government, an association
44.21of local governments, the Metropolitan Council, a local unit of government acting in
44.22conjunction with an organization or a state agency, an organization established by two
44.23or more local units of government under a joint powers agreement, or a not-for-profit
44.24organization may apply to the Minnesota Innovation and Research Council for a grant
44.25to be used to: (1) develop models for service redesign; or (2) meet the start-up costs
44.26of providing shared services or functions. Agreements solely to make joint purchases
44.27do not qualify for grants. The application must specify a nonstate funding source for
44.2825 percent of the total cost of the proposal. The application to the council must state
44.29what other sources of funding have been considered by the local units of government to
44.30implement the project and explain why it is not possible to complete the project without
44.31assistance from the council. The council may not award a grant if it determines that the
44.32local units of government could complete the project without council assistance or if it
44.33determines the applicant has not specified a nonstate funding source for 25 percent of
44.34the total cost. A copy of the application must be provided by the units to the exclusive
45.1representatives certified under section 179A.12 to represent employees who provide the
45.2service or program affected by the application.
45.3 Subd. 2. Proposals. (a) Proposed models for service redesign may provide options
45.4to local governments, neighborhood or community organizations, other not-for-profit
45.5organizations, or individuals to redesign service delivery. In awarding grants under this
45.6paragraph, the council must consider whether the proposal:
45.7(1) expands consumer choices and opportunities;
45.8(2) shifts government toward an expanded role as a purchaser, rather than a provider,
45.10(3) reduces administrative costs through statewide or regional contracting, or related
45.12(4) reduces administrative costs through the accumulation of multiple related
45.13services into a single contract with one provider, or related administrative efficiencies;
45.14(5) fosters entrepreneurial leadership in the public sector; and
45.15(6) increases value to the taxpayer or results per dollar spent.
45.16(b) A proposal for a grant for shared services or functions must include plans to
45.17fully integrate a service or function provided by two or more local government units.
45.18The proposal must include how value to the taxpayer or results per dollar spent will be
45.20 Subd. 3. Requirements. A copy of the work product for which the grant was
45.21provided must be furnished to the council upon completion, and the council may
45.22disseminate it to other local units of government or interested groups. If the council finds
45.23that the work was not completed or implemented according to the terms of the grant
45.24agreement, it may require the grantee to repay all or a portion of the grant. The council
45.25shall award grants on the basis of each qualified applicant's score under the scoring
45.26system in section 465.7906. The amount of a grant under subdivision 2, paragraph (a),
45.27may not exceed $250,000. The amount of a grant under subdivision 2, paragraph (b),
45.28may not exceed $100,000.
Sec. 7. [465.7906] SCORING SYSTEM.
45.30In deciding whether to award a grant under section 465.7905, the council shall
45.31use the following scoring system:
45.32(1) Up to 15 points must be awarded to reflect the extent to which the application
45.33demonstrates creative thinking, careful planning, cooperation, involvement of the clients
45.34of the affected service, and commitment to persist through challenges.
46.1(2) Up to 25 points must be awarded to reflect the extent to which the proposed
46.2project is likely to improve the quality of the service, increase value to the taxpayers or
46.3results per dollar spent, and to have benefits for other local governments.
46.4(3) Up to 15 points must be awarded to reflect the extent to which the application's
46.5budget provides sufficient detail, maximizes the use of state funds, documents the need
46.6for financial assistance, commits to local financial support, and limits expenditures to
46.8(4) Up to 15 points must be awarded to reflect the extent to which the application
46.9reflects the statutory goal of the grant program.
46.10(5) Up to 15 points must be awarded to reflect the merit of the proposed project and
46.11the extent to which it warrants the state's financial participation.
46.12(6) Up to five points must be awarded to reflect the cost to benefit ratio projected
46.13for the proposed project.
46.14(7) Up to five points must be awarded to reflect the number of government units
46.15participating in the proposal.
46.16(8) Up to five points must be awarded to reflect the minimum length of time the
46.17application commits to implementation.
Sec. 8. [465.7907] REPAYMENT OF GRANTS.
46.19 Subdivision 1. Repayment procedures. Without regard to whether a grant recipient
46.20offered to repay the grant in its original application, as part of a grant awarded under
46.21section 465.7905, the council may require the grant recipient to repay all or part of the
46.22grant if the council determines the project funded by the grant resulted in an actual savings
46.23for the participating local units of government. The grant agreement must specify how the
46.24savings are to be determined and the period of time over which the savings will be used
46.25to calculate a repayment requirement. The repayment of grant money under this section
46.26must not exceed an amount equal to the total savings achieved through the implementation
46.27of the project.
46.28 Subd. 2. Bonus points. In addition to the points awarded to competitive grant
46.29applications under section 465.7906, the council shall award additional points to any
46.30applicant that projects a potential cost savings through the implementation of its project
46.31and offers to repay part or all of the grant under the formula in subdivision 1.
46.32 Subd. 3. Use of repayment revenue. All grant money repaid to the council under
46.33this section is appropriated to the council for additional grants authorized by section
Sec. 9. [465.805] POLICY INNOVATION AND RESEARCH.
47.2 Subdivision 1. Research topics. The council shall periodically select policy
47.3innovation topics suitable for review and analysis by a consortium of independent
47.4organizations. Topics may include general or specific functions of state government. The
47.5council shall give primary consideration to areas of concern where a comprehensive
47.6review and analysis of available research is likely to yield recommendations for policy
47.7changes that will provide significant efficiencies and improvements in the operation of
47.8state government and an increase in value to the taxpayer. Legislators and legislative
47.9committees may provide the council with recommendations for topics. The council shall
47.10make the final determination regarding the selection of topics under this section.
47.11 Subd. 2. Request for proposal process. (a) After making the determination of a
47.12research topic under subdivision 1, the council shall prepare a request for proposal relating
47.13to the topic that specifies:
47.14(1) the precise topic and scope of the research required for the report to the
47.16(2) the deadlines for the response to the request for proposal and for the subsequent
47.18(3) any other restrictions or guidelines required by the commission.
47.19The council shall make the request for proposal publicly available and must
47.20review responses from any interested party. A group of individuals or organizations
47.21may submit a response. The council may encourage the development of a collaborative
47.22design lab containing a cross-section of researchers and public sector designers from
47.23various nonprofits, businesses, foundations, and education institutions to respond to the
47.24request for proposal.
47.25(b) After the deadline for submission of responses has expired, the council must hold
47.26a hearing to consider all submissions. The council shall consider the following factors in
47.27selecting a response to the request for proposal:
47.28(1) the experience and training of individuals and organizations who will prepare the
47.29report to the commission;
47.30(2) the reliability and credibility of individuals and organizations who will prepare
47.32(3) the proposed method of research; and
47.33(4) the resources available for the preparation of the report.
47.34(c) After consideration and hearing of the responses to the request for proposal, the
47.36(1) select a submission;
48.1(2) revise the original request for proposal and extend the deadline for responses; or
48.2(3) terminate the request for proposal process for the selected topic.
48.3The chief innovation officer shall periodically communicate with the researchers
48.4to make sure they are focused on answering the questions outlined in the request for
48.6 Subd. 3. Reports to council. The council shall hold a hearing to receive a report
48.7prepared under this section and shall ensure that the governor and the relevant committees
48.8in the legislature are provided with notice of the report and an opportunity to review the
48.9report, including an opportunity for additional hearings.
Sec. 10. [465.808] RECEIPTS; APPROPRIATION.
48.11(a) The council may charge a fee for the use of services provided by the council's
48.12staff. The receipts from fees charged under this section are deposited in a special revenue
48.13account and appropriated to the council for services provided under sections 465.7901 to
48.15(b) The council may accept gifts and grants. Money received under this paragraph
48.16is deposited in a special revenue account and appropriated to the council for services
48.17provided under sections 465.7901 to 465.808.
Sec. 11. [465.809] GUARANTEEING INCREASED VALUE TO THE
48.20 Subdivision 1. Report. The council shall report by January 15 each year to the
48.21governor and appropriate committees of the house of representatives and senate on its
48.22activities. The report shall include the amount of the council's net spending, the amount of
48.23savings and the increased outcomes to the taxpayer that was identified by the council, and
48.24the actual documented savings to state and local governments. Entities receiving grants
48.25or waivers from the council must document and verify savings to the taxpayer from the
48.26previous year's budgets.
48.27 Subd. 2. Savings and increased value. The council must make every effort to
48.28obtain $3 in savings and show increased value to the taxpayer for each net state dollar
48.29spent by the council.
48.30 Subd. 3. Innovative practices. The council shall promote and drive innovative
48.31practices and must make annual recommendations to the legislature. One or all of these
48.32recommendations may be in partnership with individuals, foundations, nonprofits, or
48.33businesses. The council may make endorsements of proposals of individuals, foundations,
49.1nonprofits, or businesses when making recommendations. The council must make annual
49.3(1) recommend at least $20 in savings and show increased outcomes to the taxpayer
49.4for each net state dollar spent by the council. These savings may be spread out over
49.5various budget items;
49.6(2) recommend policy changes that will quantifiably improve desired outcome
49.7attainment to the taxpayer as compared to dollars spent. This shall not be limited to
49.8efficiency but may also include developing new approaches to achieve desired outcomes;
49.9(3) highlight existing innovative practices or partnerships in the state; and
49.10(4) recommend innovative models, which may include state and local government
49.11structural redesign, from across the country to the legislature; highlight innovative
49.12practices from past or contemporary reports; recommend evidence-based service delivery
49.13methods for this state; or recommend theory-based working models of approaches to
Sec. 12. APPROPRIATIONS.
49.16$50,000 is appropriated from the general fund for the fiscal year ending June 30,
49.172011, to the Minnesota Innovation and Research Council for the following purposes:
49.18(1) operation and administration of the council;
49.19(2) grants for models for service redesign;
49.20(3) grants for shared services and functions;
49.21(4) policy innovation and research; and
49.22(5) the strategic plan report under article 2, section 1.
49.23The appropriations in this section are contingent on receiving a dollar-for-dollar
49.24match from private sources. This is a onetime appropriation.
Sec. 13. REPEALER.
49.26Minnesota Statutes 2008, section 6.80, is repealed.