SF 3134

2nd Engrossment - 86th Legislature (2009 - 2010) Posted on 04/21/2010 08:57am

A bill for an act
relating to government operations; describing how to fold the state flag; defining
certain powers of the Council on Black Minnesotans; requiring fiscal notes to
include information about job creation; limiting requirements for approval by
individual legislators in the disposal process for certain state-owned buildings;
increasing threshold requirements for deposit of agency receipts; imposing
requirements on agencies for contracts over a certain amount; requiring state
chief information officer to develop standards for enhanced public access to state
electronic records; clarifying use of fees in the combined charities campaign;
transferring membership in the Workers' Compensation Reinsurance Association
from the commissioner of management and budget to the commissioner of
administration; eliminating and modifying fees for certain filings with the
secretary of state; authorizing grants to counties for voting equipment and
vote-counting equipment; establishing the Commission on Service Innovation;
allowing contiguous counties to establish a home rule charter commission;
requiring reports; appropriating money; amending Minnesota Statutes 2008,
sections 1.141, by adding subdivisions; 3.9225, subdivision 5; 3.98, subdivision
2; 16A.275; 16B.24, subdivision 3; 16E.04, subdivision 2; 16E.05, by adding a
subdivision; 43A.50, subdivision 2; 79.34, subdivision 1; 318.02, subdivision 1;
557.01; proposing coding for new law in Minnesota Statutes, chapters 3; 16C;
proposing coding for new law as Minnesota Statutes, chapter 372A; repealing
Laws 2005, chapter 162, section 34, subdivision 2, as amended.

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

ARTICLE 1

STATE GOVERNMENT

Section 1.

Minnesota Statutes 2008, section 1.141, is amended by adding a subdivision
to read:

new text begin Subd. 6. new text end

new text begin Folding of the state flag for presentation or display. new text end

new text begin The following
procedures constitute the proper way to fold the Minnesota State Flag for presentation or
display. Fold the flag four times lengthwise so that one section displays the three stars
of the state crest and the text "L'Etoile du Nord." Fold each side behind the displayed
section at a 90-degree angle so that the display section forms a triangle. Take the section
ending with the hoist and fold it at a 90-degree angle across the bottom of the display
section and then fold the hoist back over so it is aligned with the middle of the display
section. Fold the other protruding section directly upwards so that its edge is flush with
the display section and then fold it upwards along a 45-degree angle so that a mirror
of the display section triangle is formed. Fold the mirror section in half from the point
upwards, then fold the remaining portion upwards, tucking it between the display section
and the remainder of the flag.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 2.

Minnesota Statutes 2008, section 1.141, is amended by adding a subdivision to
read:

new text begin Subd. 7. new text end

new text begin Folding of the state flag for storage. new text end

new text begin When folding the Minnesota State
Flag for storage, the proper procedure is to fold and store the flag in the same manner as
the national colors.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 3.

Minnesota Statutes 2008, section 3.9225, subdivision 5, is amended to read:

Subd. 5.

Powers.

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. new text begin The council may solicit and accept payments for advertising,
use of exhibition space, or commemorative videos or other items in connection with
publications, events, media productions, and informational programs that are sponsored
by the council. These revenues must be deposited in an account in the special revenue
fund and are appropriated to the council to defray costs of publications, events, media
productions, or informational programs consistent with the powers and duties specified in
subdivisions 1 to 7. The council may not publish advertising or provide exhibition space
for any elected official or candidate for elective office.
new text end

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. 4.

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

Subd. 2.

Contents.

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

(1) cite the effect in dollar amounts;

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

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

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

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

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

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

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

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

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 5.

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

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

Subdivision 1.

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

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

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

Subd. 2.

Exception.

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

Sec. 6.

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

Subd. 3.

Disposal of old buildings.

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

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

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

Sec. 7.

new text begin [16C.051] REQUIREMENTS FOR CONTRACTS OVER $100,000.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin This section applies to a contract with an estimated
value of $100,000 or more. The requirements imposed by this section are in addition
to, and do not supersede, the requirements of any other applicable section of law. This
section does not apply to a Department of Transportation contract that is subject to
section 161.3203.
new text end

new text begin Subd. 2. new text end

new text begin Required review. new text end

new text begin (a) Before entering into a contract subject to this section,
the agency head must prepare a comprehensive written estimate of the cost of having the
same work provided in the most cost-effective manner by agency employees. The cost
estimate must include all costs of having agency employees provide the work, including
the cost of pension, insurance, and all other employee benefits. The cost estimate is
nonpublic data, as defined in section 13.02, subdivision 9, until the day after the deadline
for receipt of responses under paragraph (b).
new text end

new text begin (b) After soliciting and receiving responses, the contracting agency shall prepare
a comprehensive written estimate of the cost of the highest scoring proposal or lowest
cost bid based on the designated responder's response, including costs associated with
monitoring the proposed contract. If the designated responder proposes to perform any
or all of the desired services outside the state, the contracting agency shall include in
the cost estimate, as nearly as possible, any loss of sales and income tax revenue to the
state. The cost estimate must not include trade secret data that is classified as nonpublic
data under section 13.37, subdivision 2.
new text end

new text begin (c) An agency may not enter into a contract subject to this section unless the agency
head determines that:
new text end

new text begin (1) the cost estimated under paragraph (b) will be lower than the cost estimated
under paragraph (a);
new text end

new text begin (2) the quality of the work to be provided by the designated responder is likely to
equal or exceed the quality of services that could be provided by state employees;
new text end

new text begin (3) the contract, together with other contracts to which the agency is or has been a
party, will not violate section 16C.08 or 16C.09, or otherwise reduce full-time equivalent
positions within the agency; and
new text end

new text begin (4) the proposed contract is in the public interest.
new text end

new text begin Subd. 3. new text end

new text begin Reports. new text end

new text begin The commissioner must electronically report to the chairs and
ranking minority members of the legislative committees with jurisdiction over finance by
January 15 each year, in compliance with sections 3.195 and 3.197, on implementation of
this section. The report must list all contracts subject to this section that were executed or
performed, whether wholly or in part, in the previous fiscal year. The report must identify,
with respect to each contract: the contractor; contract amount; duration; work, provided or
to be provided; the comprehensive estimate derived under subdivision 2, paragraph (a);
the comprehensive estimate derived under subdivision 2, paragraph (b); the actual cost to
the agency of the contractor's performance of the contract; and a statement containing the
agency head's determinations under subdivision 2, paragraph (c).
new text end

Sec. 8.

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 new text begin :
new text end

new text begin (1) new text end that state agency development and purchase of information and communications
systems, equipment, and services is designed to ensure that individual agency information
systems complement and do not needlessly duplicate or conflict with the systems of other
agencies new text begin ; and
new text end

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

When state agencies have need for the same or similar public data, the chief information
officer, in coordination with the affected agencies, shall manage the most efficient and
cost-effective method of producing and storing data for or sharing data between those
agencies. The development of this information architecture must include the establishment
of standards and guidelines to be followed by state agencies. The office shall ensure
compliance with the architecture.

(c) The office shall assist state agencies in the planning and management of
information systems so that an individual information system reflects and supports the
state agency's mission and the state's requirements and functions. The office shall review
and approve agency technology plans to ensure consistency with enterprise information
and telecommunications technology strategy. By January 15 of each year, the chief
information officer must report to the chairs and the ranking minority members of
the legislative committees and divisions with jurisdiction over the office regarding the
assistance provided under this paragraph. The report must include a listing of agencies
that have developed or are developing plans under this paragraph.

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

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

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

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

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

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

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

Sec. 9.

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

new text begin Subd. 4. new text end

new text begin Policy for transparency. new text end

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

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

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

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

Sec. 10.

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

Subd. 2.

Registration.

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

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

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

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

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

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

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

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

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

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

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

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

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

Sec. 11.

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

Subdivision 1.

Conditions requiring membership.

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

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

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 12.

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

Subdivision 1.

Definition.

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

Sec. 13.

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

557.01 NONRESIDENT, AGENT TO ACCEPT SERVICE.

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

Sec. 14. new text begin TRANSPARENCY POLICY REPORT.
new text end

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

Sec. 15. new text begin APPROPRIATION; ASSISTIVE VOTING EQUIPMENT AND
VOTE-COUNTING EQUIPMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Operating grants. new text end

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

new text begin Subd. 2. new text end

new text begin Grant application. new text end

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

new text begin Subd. 3. new text end

new text begin Eligibility. new text end

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

new text begin Subd. 4. new text end

new text begin Report. new text end

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

new text begin Subd. 5. new text end

new text begin Operating costs. new text end

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

Sec. 16. new text begin APPROPRIATION; OPTICAL SCAN EQUIPMENT.
new text end

new text begin Subdivision 1. new text end

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

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

new text begin Subd. 2. new text end

new text begin Grant application. new text end

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

new text begin Subd. 3. new text end

new text begin Eligibility. new text end

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

new text begin Subd. 4. new text end

new text begin Report. new text end

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

Sec. 17. new text begin REPEALER.
new text end

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

ARTICLE 2

GOVERNMENT REFORM

Section 1.

new text begin [3.9280] COMMISSION ON SERVICE INNOVATION.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The Commission on Service Innovation is
established to provide the legislature and the Board of Innovation with a strategic plan to
reengineer the delivery of state and local government services, including the realignment
of service delivery by region and proximity, the use of new technologies, shared facilities,
centralized information technologies, and other means of improving efficiency.
new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin (a) The commission consists of 18 members, appointed
as follows:
new text end

new text begin (1) one representative of the Minnesota Chamber of Commerce;
new text end

new text begin (2) one representative of the Minnesota Business Partnership;
new text end

new text begin (3) one representative of the McKnight Foundation;
new text end

new text begin (4) one representative of the Wilder Foundation;
new text end

new text begin (5) one representative of the Bush Foundation;
new text end

new text begin (6) one representative of the Minnesota Council of Nonprofits;
new text end

new text begin (7) one representative of the Minnesota Association of Townships;
new text end

new text begin (8) one representative of the Association of Minnesota Counties;
new text end

new text begin (9) one representative of the League of Minnesota Cities;
new text end

new text begin (10) one representative of the University of Minnesota;
new text end

new text begin (11) one representative of the Minnesota State Colleges and Universities;
new text end

new text begin (12) one representative of the Minnesota Association of School Administrators;
new text end

new text begin (13) two representatives of the American Federation of State, County, and Municipal
Employees, including one from council 5 and one from council 65;
new text end

new text begin (14) one representative of the Minnesota Association of Professional Employees;
new text end

new text begin (15) one representative of the Service Employees International Union;
new text end

new text begin (16) one representative of the Minnesota High Tech Association; and
new text end

new text begin (17) the state chief information officer.
new text end

new text begin (b) The appointments required by this section must be completed by June 30,
2010. Appointing authorities shall notify the state chief information officer when making
their appointments. The members of the commission shall serve at the pleasure of the
appointing authorities.
new text end

new text begin Subd. 3. new text end

new text begin Organization. new text end

new text begin (a) Within two weeks after completion of the appointments
under subdivision 2, the state chief information officer shall convene the first meeting of
the commission. The state chief information officer shall provide meeting space for the
commission. The commission shall select co-chairpersons from its appointed membership
at the first meeting. Members of the legislature may attend the meetings of the commission
and participate as nonvoting members of the commission.
new text end

new text begin (b) The commission shall provide notice of its meetings to the public and to
interested members of the legislature. Meetings of the commission are subject to chapter
13D. The commission shall post all reports required under this section on the Legislative
Coordinating Commission Web site.
new text end

new text begin (c) The commission may solicit and receive private contributions. Money received
under this paragraph is deposited in a special revenue account and appropriated to the
commission for the purposes of this section. The commission may provide per diem
payments to voting members as determined by the commission from the appropriation
in this paragraph. No public money may be used to provide payment of per diems or
expenses for members of the commission. The commission may hire staff to assist the
commission in its work.
new text end

new text begin (d) The commission shall solicit and coordinate public input. The commission
must use its best efforts to maximize public involvement in the work of the commission,
including the use of best practices in social media. The commission may retain an expert
in the use of social media to assist in public outreach and involvement.
new text end

new text begin Subd. 4. new text end

new text begin Reporting. new text end

new text begin (a) Beginning August 1, 2010, the commission shall publish
electronic monthly reports on its progress, including a description of upcoming agenda
items.
new text end

new text begin (b) By January 15 of each year, beginning in 2011, the commission shall report to
the chairs and ranking minority members of the legislative committees and divisions with
jurisdiction over state government policy and finance regarding its work under this section
and to the Board of Innovation established under section 465.7902, with a strategic plan
containing findings and recommendations to improve state and local government delivery
of public services. The strategic plan must address:
new text end

new text begin (1) how to enhance the public involvement and input as the public uses state and
local government services and public schools;
new text end

new text begin (2) how technology can be leveraged to reduce costs and enhance quality;
new text end

new text begin (3) how service innovation will conserve substantial financial resources;
new text end

new text begin (4) a transition plan and governance structure that will facilitate high-quality
innovation and change in the future;
new text end

new text begin (5) how to improve public sector employee productivity;
new text end

new text begin (6) the security of individual data and government programs;
new text end

new text begin (7) data transparency and accountability;
new text end

new text begin (8) centralized and shared services; and
new text end

new text begin (9) data interoperability across jurisdictions.
new text end

new text begin The strategic plan shall also provide a process to review and modify
recommendations at regular intervals in the future based on specific results measured
at regular intervals.
new text end

new text begin The strategic plan shall also include any proposed legislation necessary to implement
the commission's recommendations.
new text end

new text begin Subd. 5. new text end

new text begin Expiration. new text end

new text begin This section expires June 30, 2012.
new text end

Sec. 2.

new text begin [372A.01] HOME RULE CHARTER FOR CONTIGUOUS COUNTIES.
new text end

new text begin Any two or more contiguous counties in the state may propose a county home rule
charter commission as provided in this chapter.
new text end

new text begin The county board of each contiguous county shall adopt a resolution to establish a
home rule charter commission for the counties. The resolution must name the contiguous
counties proposing to establish the charter commission.
new text end

Sec. 3.

new text begin [372A.02] CHARTER COMMISSION; NOMINATIONS AND
APPOINTMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Publication. new text end

new text begin Within 30 days after the date of the resolution in section
372A.01, the county board of each county shall publish the resolution and a notice inviting
interested persons to apply to the county board of commissioners for consideration by the
county board and the joint legislative delegation for nomination to the charter commission.
The resolution and notice must be published at least once a week for two successive weeks
in a qualified newspaper of general circulation within each county. If one newspaper is a
qualified newspaper of general circulation for more than one county, those counties may
publish jointly. The county boards shall furnish copies of the applications to the members
of the joint legislative delegation.
new text end

new text begin Subd. 2. new text end

new text begin Nomination. new text end

new text begin (a) Within 60 days after the date of the resolution in section
372A.01, the county board of each county shall nominate 15 persons as candidates for
appointment to a charter commission to propose a charter to provide for the form of
county government for the counties. Three persons who reside in the district must be
nominated for each of the county commissioner districts in each county. Immediately
following selection of the nominees, the county board of each county shall submit the
nominations, together with the county board resolution, to the chief judge of the district
court with jurisdiction in the county.
new text end

new text begin (b) Within 75 days after the date of the resolution in section 372A.01, the joint
legislative delegation of each county shall nominate six persons who reside in the county
as candidates for appointment to a charter commission to propose a charter to provide for
the form of county government for the counties. The six persons must be nominated
without regard to county commissioner districts. Immediately following selection of the
nominees, the delegation shall submit the nominations to the chief judge of the district
court with jurisdiction in the county. For purposes of this section, "joint legislative
delegation" means all elected members of the house of representatives and senate
whose legislative district includes a portion of a county proposing a home rule charter
commission under section 372A.01.
new text end

new text begin Subd. 3. new text end

new text begin Appointment. new text end

new text begin Within 30 days after the last submission of nominations, the
chief judge shall appoint to the charter commission seven members for each county, one
appointee for each county commissioner district in each county, selected from those who
were nominated by county commissioner district, and two appointees from each county
who were nominated to serve from the county without regard to county commissioner
districts. The commission members must be qualified voters in the county from which
they are appointed. A person is not disqualified from serving on the charter commission
because the person holds an elective or appointive office. The appointing authority shall
fill any vacancies. Appointments must be filed with the board of county commissioners
of the county in which the appointee resides. An appointee must file an acceptance with
the board within ten days after notification of the appointment or be considered to have
declined the appointment.
new text end

Sec. 4.

new text begin [372A.03] CHARTER COMMISSION; TERMS; ADMINISTRATION.
new text end

new text begin Subdivision 1. new text end

new text begin Chair; rules. new text end

new text begin The charter commission shall meet within 30 days
after the initial appointment, elect a chair from among the members, and establish rules,
including quorum requirements, for its operation and procedures.
new text end

new text begin Subd. 2. new text end

new text begin Expenses and administration. new text end

new text begin The members of the charter commission
receive no compensation except reimbursement for expenses actually incurred in the
course of their duties. The board of county commissioners of each county may make
appropriations to the charter commission to be used to employ research and clerical
assistance, for supplies, and to meet expenses considered necessary by the charter
commission. The charter commission may request and receive assistance from any county
official. If requested, a personnel director shall assist the charter commission to test and
hire employees. If requested, a county attorney shall provide legal services.
new text end

new text begin Subd. 3. new text end

new text begin Terms. new text end

new text begin Members of the charter commission hold office until a final report
has been made under section 372A.04.
new text end

Sec. 5.

new text begin [372A.04] CHARTER COMMISSION; POWERS AND DUTIES.
new text end

new text begin Subdivision 1. new text end

new text begin Report to county boards. new text end

new text begin The charter commission shall deliver
to the board of county commissioners of each contiguous county either (1) its report
determining that the present form of county government is adequate for the county and
that a charter is not necessary or desirable, or (2) a draft of a proposed charter. The report
must be signed by a majority of the members of the charter commission.
new text end

new text begin Subd. 2. new text end

new text begin Contents of report. new text end

new text begin The proposed charter may provide for any form of
government consistent with the Constitution of the state of Minnesota. It may provide for
the establishment and administration of all departments of a county government and for
the regulation of all local county functions. It may abolish or consolidate any department
or agency. It must provide for present functions to be assumed by new elective or
appointive officers as provided in the charter and may provide for other powers consistent
with other law. It must provide methods of procedure in respect to the operation of the
government created and the duties of all officers. It must provide for a home rule charter
commission consistent with article XII, section 5, of the Constitution of the state of
Minnesota and may provide for alternative methods for amending or abandoning the
charter consistent with the Constitution. A county may be authorized to acquire by
gift, devise, purchase, or condemnation or sell or lease any property needed for the full
discharge of its duties and powers.
new text end

new text begin Subd. 3. new text end

new text begin Public hearings. new text end

new text begin The charter commission must hold at least one public
hearing on the report in each of the county commissioner districts. Based upon the
public hearings, the charter commission may revise the report. The revised report must
be signed by a majority of the members of the charter commission, and delivered to
the county boards.
new text end

Sec. 6.

new text begin [372A.05] ELECTION; BALLOT.
new text end

new text begin Subdivision 1. new text end

new text begin Procedure; notice. new text end

new text begin Upon delivery of the final proposed charter to the
board of county commissioners in each county, each board shall submit it to the voters in
that county at a general election. The notice of election must contain the complete charter
and must be published once a week for two successive weeks in a qualified newspaper
of general circulation within each county.
new text end

new text begin Subd. 2. new text end

new text begin Ballot form. new text end

new text begin The ballot must at least contain the following question
with additional descriptive language, approved by the secretary of state, that the charter
commission may include:
new text end

new text begin "Shall the proposed county charter be adopted?
new text end

	new text begin Yes . new text end
	new text begin No . " new text end

new text begin The voter shall place an "X" after one of the last two words to express the voter's choice.
new text end

Sec. 7.

new text begin [372A.06] ADOPTION OF CHARTER.
new text end

new text begin If a majority of the votes cast in a county on the proposition are in favor of the
proposed charter, it must be considered adopted for that county. The charter takes effect
two years after the election.
new text end

Sec. 8.

new text begin [372A.07] HOME RULE CHARTER COUNTY POWERS AND DUTIES.
new text end

new text begin Subdivision 1. new text end

new text begin General rule. new text end

new text begin Unless specifically provided otherwise in general laws
or statutes, the term "county" when used in Minnesota Statutes or any general legislative
act includes home rule charter counties organized under this chapter. In addition to powers
and duties granted or imposed under its charter, a home rule charter county has all the
powers granted a county by law and all of the duties imposed upon it by law. If a charter
provision conflicts with a general law, the requirements of the law prevail.
new text end

new text begin Subd. 2. new text end

new text begin County bonds and indebtedness. new text end

new text begin All general and special laws authorizing
a county to incur indebtedness or issue bonds are subject to the charter if the charter
provisions are not in conflict with general laws relating to indebtedness.
new text end

new text begin Subd. 3. new text end

new text begin Personnel exception. new text end

new text begin A home rule charter does not apply to personnel
matters relating to employees of a county, which continue to be governed by law.
new text end

Sec. 9. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 8 are effective July 1, 2010.
new text end