Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 2005, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 156-H.F.No. 1481
An act relating to government operations;
appropriating money for the general legislative and
administrative expenses of state government;
regulating state and local government operations;
modifying provisions related to public employment;
ratifying certain labor agreements and compensation
plans; regulating elections and campaign finance;
regulating Minneapolis teacher pensions; modifying
provisions related to the military and veterans;
authorizing rulemaking; amending Minnesota Statutes
2004, sections 10A.01, subdivisions 5, 26, 35;
10A.025, by adding a subdivision; 10A.071, subdivision
3; 10A.08; 10A.20, subdivision 5; 10A.27, subdivision
1; 10A.28, subdivision 2; 10A.31, subdivisions 4, 5;
11A.24, subdivision 6; 13.635, by adding a
subdivision; 14.19; 15.054; 15.06, by adding a
subdivision; 16A.103, by adding a subdivision;
16A.1286, subdivision 3; 16A.151, subdivision 2;
16A.152, subdivision 2; 16A.1522, subdivision 1;
16A.281; 16B.04, subdivision 2; 16B.33, subdivision 4;
16B.48, subdivisions 4, 5; 16C.10, subdivision 7;
16C.144; 16C.16, subdivision 1; 16C.26, subdivisions
3, 4; 16C.28, subdivision 2; 16E.01, subdivisions 1,
3; 16E.02; 16E.03, subdivisions 1, 2, 3, 7; 16E.04;
16E.0465, subdivisions 1, 2; 16E.055; 16E.07,
subdivision 8; 43A.23, subdivision 1; 190.16, by
adding a subdivision; 192.19; 192.261, subdivision 2;
192.501, subdivision 2; 193.29, subdivision 3; 193.30;
193.31; 197.608, subdivision 5; 200.02, subdivisions
7, 23, by adding a subdivision; 201.014, subdivision
2; 201.061, subdivision 3; 201.071, subdivision 1;
201.091, subdivisions 4, 5; 201.15; 203B.01,
subdivision 3; 203B.04, subdivisions 1, 4, by adding a
subdivision; 203B.07, subdivision 2; 203B.11,
subdivision 1; 203B.12, subdivision 2; 203B.20;
203B.21, subdivisions 1, 3; 203B.24, subdivision 1;
204B.06, subdivisions 1, 4; 204B.10, subdivision 6;
204B.14, subdivision 2; 204B.16, subdivisions 1, 5;
204B.18, subdivision 1; 204B.24; 204B.27, subdivision
1; 204C.05, subdivision 1a; 204C.06, subdivision 2;
204C.07, subdivision 4, by adding a subdivision;
204C.08, subdivision 1a; 204C.10; 204C.12, subdivision
2; 204C.24, subdivision 1; 204C.28, subdivision 1;
204C.50, subdivisions 1, 2; 204D.03, by adding a
subdivision; 204D.14, subdivision 3; 204D.27,
subdivision 5; 205.175, subdivision 2; 205A.09,
subdivision 1; 206.57, subdivision 5; 208.03; 208.04,
subdivision 1; 208.05; 208.06; 208.07; 208.08;
211B.13, subdivision 1; 240A.03, subdivision 5, by
adding a subdivision; 299C.65, subdivisions 1, 2;
349A.10, subdivision 3; 359.01, by adding a
subdivision; 383B.151; 403.36, subdivision 1; 447.32,
subdivision 4; 471.895, subdivision 3; 471.975;
507.093; 507.24, subdivision 2; 524.5-310; Laws 1998,
chapter 404, section 15, subdivision 2, as amended;
Laws 2000, chapter 461, article 4, section 4, as
amended; proposing coding for new law in Minnesota
Statutes, chapters 5; 6; 8; 10; 14; 15; 16B; 16C; 16E;
43A; 168; 190; 298; 471; 507; repealing Minnesota
Statutes 2004, sections 3.9222; 16A.151, subdivision
5; 16A.30; 16B.48, subdivision 3; 16B.52; 16E.0465,
subdivision 3; 43A.11, subdivision 2; 197.455,
subdivision 3; 204C.50, subdivision 7; 471.68,
subdivision 3; Minnesota Rules, parts 4501.0300,
subparts 1, 4; 4501.0500, subpart 4; 4501.0600;
4503.0200, subpart 4; 4503.0300, subpart 2; 4503.0400,
subpart 2; 4503.0500, subpart 9; 4503.0800, subpart 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
STATE GOVERNMENT APPROPRIATIONS
Section 1. [STATE GOVERNMENT APPROPRIATIONS.]
The sums shown in the columns marked "APPROPRIATIONS" are
appropriated from the general fund, or another fund named, to
the agencies and for the purposes specified in this article, to
be available for the fiscal years indicated for each purpose.
The figures "2005," "2006," and "2007," where used in this
article, mean that the appropriation or appropriations listed
under them are available for the year ending June 30, 2005, June
30, 2006, or June 30, 2007, respectively.
SUMMARY BY FUND
2006 2007 TOTAL
General $ 295,666,000 $ 301,319,000 $ 596,985,000
Health Care
Access 1,782,000 1,782,000 3,564,000
State Government
Special Revenue 2,178,000 2,194,000 4,372,000
Environmental 436,000 436,000 872,000
Remediation 484,000 484,000 968,000
Special Revenue 4,395,000 5,541,000 9,936,000
Highway User Tax
Distribution 2,097,000 2,097,000 4,194,000
Workers'
Compensation 7,552,000 7,458,000 15,010,000
TOTAL $ 314,590,000 $ 321,311,000 $ 635,901,000
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
Sec. 2. LEGISLATURE
Subdivision 1. Total
Appropriation $54,272,000 $62,042,000
Summary by Fund
General 54,144,000 61,914,000
Health Care Access 128,000 128,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Senate
17,965,000 20,654,000
Subd. 3. House of Representatives
24,177,000 27,790,000
During the biennium ending June 30,
2007, any revenues received by the
house of representatives from
sponsorship notices in broadcast or
print media are appropriated to the
house of representatives.
Subd. 4. Legislative
Coordinating Commission
12,130,000 13,598,000
Summary by Fund
General 12,002,000 13,470,000
Health Care Access 128,000 128,000
$360,000 the first year and $360,000
the second year are for public
information television, Internet,
Intranet, and other transmission of
legislative activities. At least
one-half must go for programming to be
broadcast and transmitted to rural
Minnesota.
On July 1, 2005, the commissioner of
finance shall transfer $1,764,000 of
unspent fees from the special revenue
fund dedicated for the Electronic Real
Estate Recording Task Force to the
general fund.
On July 1, 2005, the commissioner of
finance shall cancel $2,500,000 of the
legislature's accumulated carryforward
account balances, divided equally
between the senate and house balances,
to the general fund.
$4,645,000 the first year and
$5,143,000 the second year are for the
Office of the Revisor of Statutes.
$1,016,000 the first year and
$1,154,000 the second year are for the
Legislative Reference Library.
$4,530,000 the first year and
$5,206,000 the second year are for the
Office of the Legislative Auditor.
During the biennium ending June 30,
2007, the commission shall study and
report to the legislature on all
matters relating to the economic status
of women in Minnesota, including: (1)
the contributions of women to the
economy; (2) economic security of
homemakers and women in the labor
force; (3) opportunities for education
and vocational training; (4) employment
opportunities; (5) women's access to
benefits and services provided to
citizens of this state; and (6) laws
and business practices constituting
barriers to the full participation by
women in the economy. The commission
shall also study the adequacy of
programs and services relating to
families in Minnesota. The commission
shall communicate its findings and make
recommendations to the legislature on
an ongoing basis.
During the biennium ending June 30,
2007, the Legislative Coordinating
Commission must coordinate efforts of
the senate, house of representatives,
and the state chief information officer
to provide wireless Internet service in
the Capitol and the State Office
Building. The commission may accept
nonstate funds to support the
installation and support of wireless
Internet access, which are appropriated
to the commission for this purpose.
Services provided by the chief
information officer under this
provision are available to the public.
Any provision of wireless Internet
access services under this provision
must include appropriate security
measures, and be coordinated with
overall state telecommunications and
security strategies and architectures.
Sec. 3. GOVERNOR AND
LIEUTENANT GOVERNOR 3,584,000 3,584,000
This appropriation is to fund the
offices of the governor and lieutenant
governor.
$19,000 the first year and $19,000 the
second year are for necessary expenses
in the normal performance of the
governor's and lieutenant governor's
duties for which no other reimbursement
is provided.
By September 1 of each year, the
commissioner of finance shall report to
the chairs of the senate Governmental
Operations Budget Division and the
house State Government Finance Division
any personnel costs incurred by the
Office of the Governor and Lieutenant
Governor that were supported by
appropriations to other agencies during
the previous fiscal year. The Office
of the Governor shall inform the chairs
of the divisions before initiating any
interagency agreements.
Sec. 4. STATE AUDITOR 8,273,000 8,273,000
Sec. 5. ATTORNEY GENERAL 25,152,000 25,192,000
Summary by Fund
General 22,745,000 22,769,000
State Government
Special Revenue 1,778,000 1,794,000
Environmental 145,000 145,000
Remediation 484,000 484,000
Sec. 6. SECRETARY OF STATE 5,905,000 6,077,000
$25,000 each year is for the use of the
task force established in Minnesota
Statutes, section 507.094, for the
purposes in that section. $25,000 is
included in the base budget for fiscal
year 2008 for this purpose.
Sec. 7. CAMPAIGN FINANCE AND
PUBLIC DISCLOSURE BOARD 694,000 694,000
Sec. 8. INVESTMENT BOARD 2,167,000 2,167,000
Sec. 9. OFFICE OF ENTERPRISE
TECHNOLOGY 1,803,000 1,803,000
Sec. 10. ADMINISTRATIVE HEARINGS 7,714,000 7,620,000
Summary by Fund
General 262,000 262,000
Workers'
Compensation 7,452,000 7,358,000
$203,000 the first year and $109,000
the second year are from the workers'
compensation fund for technology
improvements. The base appropriation
for these improvements is $158,000 in
fiscal year 2008 and $165,000 in fiscal
year 2009.
For fiscal years 2006 and 2007, the
Administrative Law Division of the
Office of Administrative Hearings shall
charge the fees approved by the
commissioner of finance under Minnesota
Statutes, section 16A.126.
Sec. 11. ADMINISTRATION
Subdivision 1. Total
Appropriation 25,558,000 20,375,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. State Facilities Services
16,070,000 10,946,000
$5,124,000 the first year is for
onetime funding of agency relocation
expenses. The Department of Human
Services will obtain federal
reimbursement for associated relocation
expenses. This amount, estimated to be
$1,870,000, will be deposited in the
general fund.
$7,888,000 the first year and
$7,888,000 the second year are for
office space costs of the legislature
and veterans organizations, for
ceremonial space, and for statutorily
free space.
$2,000,000 of the balance in the state
building code account in the state
government special revenue fund is
canceled to the general fund.
$1,950,000 the first year and
$1,950,000 the second year of the
balance in the facilities repair and
replacement account in the special
revenue fund is canceled to the general
fund. This is a onetime cancellation.
Subd. 3. State and Community Services
2,921,000 3,012,000
$714,000 the first year and $805,000
the second year are for the Land
Management Information Center. The
base appropriation is $258,000 in
fiscal year 2008 and $258,000 in fiscal
year 2009.
$196,000 the first year and $196,000
the second year are for the Office of
the State Archaeologist.
Subd. 4. Administrative Management Services
4,712,000 4,562,000
$150,000 the first year is for a
onetime grant to Assistive Technology
of Minnesota to administer a microloan
program to support purchase of
equipment and devices for people with
disabilities and their families and
employers, and to develop the Access to
Telework program. This appropriation is
available until June 30, 2007.
$74,000 the first year and $74,000 the
second year are for the Developmental
Disabilities Council.
Subd. 5. Public Broadcasting
1,855,000 1,855,000
$963,000 the first year and $963,000
the second year are for matching grants
for public television.
$398,000 the first year and $398,000
the second year are for public
television equipment grants.
Equipment or matching grant allocations
shall be made after considering the
recommendations of the Minnesota Public
Television Association.
$17,000 the first year and $17,000 the
second year are for grants to the Twin
Cities regional cable channel.
$287,000 the first year and $287,000
the second year are for community
service grants to public educational
radio stations. The grants must be
allocated after considering the
recommendations of the Association of
Minnesota Public Educational Radio
Stations under Minnesota Statutes,
section 129D.14.
$190,000 the first year and $190,000
the second year are for equipment
grants to Minnesota Public Radio, Inc.
This appropriation is contingent on
Minnesota Public Radio, Inc. making
public a list containing the position
and salary of each employee and single
individual providing personal services
under a contract who is paid more than
$100,000 per year by Minnesota Public
Radio, Inc. or a related organization
as defined in Minnesota Statutes,
section 317A.011, subdivision 18.
Any unencumbered balance remaining the
first year for grants to public
television or radio stations does not
cancel and is available for the second
year.
Sec. 12. CAPITOL AREA ARCHITECTURAL
AND PLANNING BOARD 269,000 270,000
During the biennium ending June 30,
2007, money received by the board from
public agencies, as provided by
Minnesota Statutes, section 15B.17,
subdivision 1, is appropriated to the
board.
Sec. 13. FINANCE
Subdivision 1. Total
Appropriation 14,808,000 14,808,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
No later than June 30, 2006, and June
30, 2007, the commissioner of finance,
in consultation with the commissioner
of administration, must determine the
savings attributable to the "Drive to
Excellence" in fiscal year 2006 and
fiscal year 2007, respectively. The
savings are estimated to be $1,000,000
for the biennium. The commissioner
must deposit the amount determined for
each year in the general fund.
Subd. 2. State Financial Management
8,447,000 8,447,000
Subd. 3. Information and
Management Services
6,361,000 6,361,000
Up to $3,000,000 of the amounts billed
to state agencies under Minnesota
Statutes, section 16A.1286, for the
biennium ending June 30, 2005, and not
needed to provide statewide system
services during that time, must be
carried forward from fiscal year 2005
to fiscal year 2006. On July 1, 2005,
the commissioner shall transfer that
amount to the general fund.
Sec. 14. EMPLOYEE RELATIONS 5,667,000 5,556,000
Sec. 15. REVENUE
Subdivision 1. Total
Appropriation 101,644,000 105,442,000
Summary by Fund
General 97,602,000 101,400,000
Health Care Access 1,654,000 1,654,000
Highway User
Tax Distribution 2,097,000 2,097,000
Environmental 291,000 291,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Tax System Management
84,712,000 87,351,000
Summary by Fund
General 80,670,000 83,309,000
Health Care Access 1,654,000 1,654,000
Highway User
Tax Distribution 2,097,000 2,097,000
Environmental 291,000 291,000
$6,311,000 the first year and
$7,950,000 the second year are for
additional activities to identify and
collect tax liabilities from
individuals and businesses that
currently do not pay all taxes owed.
This initiative is expected to result
in new general fund revenues of
$49,400,000 for the biennium ending
June 30, 2007.
The department must report to the
chairs of the house of representatives
Ways and Means and senate Finance
Committees by March 1, 2006, and
January 15, 2007, on the following
performance indicators:
(1) the number of corporations
noncompliant with the corporate tax
system each year and the percentage and
dollar amounts of valid tax liabilities
collected;
(2) the number of businesses
noncompliant with the sales and use tax
system and the percentage and dollar
amount of the valid tax liabilities
collected; and
(3) the number of individual
noncompliant cases resolved and the
percentage and dollar amounts of valid
tax liabilities collected.
The reports must also identify
base-level expenditures and staff
positions related to compliance and
audit activities, including baseline
information as of January 1, 2004. The
information must be provided at the
budget activity level.
$30,000 the first year and $30,000 the
second year are for preparation of the
income tax sample.
Subd. 3. Accounts Receivable Management
16,932,000 18,091,000
$1,208,000 the first year and
$2,367,000 the second year are for
additional activities to identify and
collect tax liabilities from
individuals and businesses that
currently do not pay all taxes owed.
This initiative is expected to result
in new general revenues of $41,300,000
for the biennium ending June 30, 2007.
The commissioner, in consultation with
other state agencies and local units of
government, shall develop
recommendations for: (1) consolidating
and coordinating the collection of debt
owed to governmental units; (2)
eliminating the fragmentation of
contacts from government agencies with
debtors owing such debts; (3) reducing
the cost of collecting debt owed to
governmental units; and (4) the
collection of substantially larger
portions of the debt owed to all
government units.
The commissioner shall report the
recommendations to the governor and the
chairs of the legislative committees
with jurisdiction over the department
by February 15, 2006.
Sec. 16. MILITARY AFFAIRS
Subdivision 1. Total
Appropriation 17,922,000 18,439,000
Summary by Fund
General 17,584,000 17,584,000
Special Revenue 338,000 855,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Maintenance of Training
Facilities
5,590,000 5,590,000
Subd. 3. General Support
1,787,000 1,787,000
$30,000 the first year and $30,000 the
second year are for the operation and
staffing of the Minnesota National
Guard Youth Camp at Camp Ripley. This
is a onetime appropriation and must be
matched by nonstate sources.
Subd. 4. Enlistment Incentives
10,207,000 10,207,000
$3,850,000 each year is to provide the
additional amount needed for full
funding of the tuition reimbursement
program in Minnesota Statutes, section
192.501, subdivision 2.
$1,500,000 each year is for
reenlistment bonuses under Minnesota
Statutes, section 192.501, subdivision
1b.
$338,000 the first year and $855,000
the second year are from the account
established in new Minnesota Statutes,
section 190.19, for grants under that
section.
If appropriations for either year of
the biennium are insufficient, the
appropriation from the other year is
available. The appropriations for
enlistment incentives are available
until expended.
Sec. 17. VETERANS AFFAIRS 4,706,000 4,970,000
Summary by Fund
General 4,369,000 4,115,000
Special Revenue 337,000 855,000
$357,000 the first year and $103,000
the second year are from the general
fund, and $337,000 the first year and
$855,000 the second year are from the
account established in Minnesota
Statutes, section 190.19, for: (1)
veterans' services provided by Veterans
of Foreign Wars, the Military Order of
the Purple Heart, Disabled American
Veterans, and the Vietnam Veterans of
America; (2) grants for veterans'
services to the Vinland Center and the
Minnesota Assistance Council for
Veterans; and (3) an outreach and
assistance initiative for underserved
veterans. The general fund portion of
this appropriation must first be used
for the base budget funding for the
organizations listed in clause (1).
Any balance in the first year does not
cancel but is available in the second
year.
In each fiscal year, the commissioner
of finance must distribute the amounts
received in the account established in
Minnesota Statutes, section 190.19, so
that the appropriations from the
account are divided equally between
this section and section 16,
subdivision 4.
Sec. 18. GAMBLING CONTROL 2,800,000 2,800,000
These appropriations are from the
lawful gambling regulation account in
the special revenue fund.
Sec. 19. RACING COMMISSION 674,000 835,000
(a) These appropriations are from the
racing and card playing regulation
account in the special revenue fund.
(b) $253,000 for the fiscal year ending
June 30, 2006, and $414,000 for the
fiscal year ending June 30, 2007, are
from the racing and card playing
regulation account in the special
revenue fund. If the commission does
not spend all of the revenue from the
interim license fee authorized by Laws
2003, First Special Session chapter 1,
article 2, section 69, in fiscal year
2005 or fiscal year 2006, the
commission must reduce the amount of
fees charged to the feepayers in fiscal
year 2007 by the amount unspent. The
Racing Commission must file monthly
expenditure reports with the
commissioner of finance for money spent
from the appropriation in this
paragraph.
(c) The racing commission may not hire
new employees or enter into new
contracts with money subject to
paragraph (b) before resolution of the
petition for judicial review filed by
the Columbus Concerned Citizens Group.
Sec. 20. STATE LOTTERY
Notwithstanding Minnesota Statutes,
section 349A.10, the operating budget
must not exceed $26,700,000 in fiscal
year 2006 and $27,350,000 in fiscal
year 2007.
On July 1, 2005, the director of the
State Lottery shall transfer unclaimed
prize funds accumulated before July 1,
2003, in the amount of $2,187,000, to
the general fund.
Sec. 21. TORT CLAIMS 161,000 161,000
To be spent by the commissioner of
finance.
If the appropriation for either year is
insufficient, the appropriation for the
other year is available for it.
Sec. 22. MINNESOTA STATE
RETIREMENT SYSTEM 1,176,000 1,205,000
The amounts estimated to be needed for
each program are as follows:
(a) Legislators
783,000 802,000
Under Minnesota Statutes, sections
3A.03, subdivision 2; 3A.04,
subdivisions 3 and 4; and 3A.115.
(b) Constitutional Officers
393,000 403,000
Under Minnesota Statutes, sections
352C.031, subdivision 5; 352C.04,
subdivision 3; and 352C.09, subdivision
2.
If an appropriation in this section for
either year is insufficient, the
appropriation for the other year is
available for it.
Sec. 23. MINNEAPOLIS EMPLOYEES
RETIREMENT FUND 8,065,000 8,065,000
The amounts estimated to be needed
under Minnesota Statutes, section
422A.101, subdivision 3.
Sec. 24. MINNEAPOLIS TEACHERS
RETIREMENT FUND 15,800,000 15,800,000
The amounts estimated to be needed are
as follows:
(a) Special direct state aid to first
class city teachers retirement funds
13,300,000 13,300,000
Authorized under Minnesota Statutes,
section 354A.12, subdivisions 3a and 3c.
(b) Special direct state matching aid
to Minneapolis Teachers Retirement Fund
2,500,000 2,500,000
Authorized under Minnesota Statutes,
section 354A.12, subdivision 3b.
Sec. 25. ST. PAUL TEACHERS
RETIREMENT FUND 2,967,000 2,967,000
The amounts estimated to be needed for
special direct state aid to first class
city teachers retirement funds
authorized under Minnesota Statutes,
section 354A.12, subdivisions 3a and 3c.
Sec. 26. AMATEUR SPORTS
COMMISSION 300,000 206,000
Sec. 27. COUNCIL ON BLACK
MINNESOTANS 278,000 278,000
Sec. 28. COUNCIL ON
CHICANO/LATINO AFFAIRS 271,000 271,000
Sec. 29. COUNCIL ON
ASIAN-PACIFIC MINNESOTANS 239,000 240,000
Sec. 30. INDIAN AFFAIRS
COUNCIL 475,000 475,000
Sec. 31. GENERAL CONTINGENT
ACCOUNTS 1,000,000 500,000
Summary by Fund
General 500,000 -0-
State Government
Special Revenue 400,000 400,000
Workers'
Compensation 100,000 100,000
The appropriations in this section may
only be spent with the approval of the
governor after consultation with the
Legislative Advisory Commission
pursuant to Minnesota Statutes, section
3.30.
If an appropriation in this section for
either year is insufficient, the
appropriation for the other year is
available for it.
If a contingent account appropriation
is made in one fiscal year, it should
be considered a biennial appropriation.
Sec. 32. RACING COMMISSION APPROPRIATION
$156,000 in fiscal year 2005 is
appropriated to the Minnesota Racing
Commission from the special revenue
fund. $113,000 of this amount is from
the interim license fee authorized by
Laws 2003, First Special Session
chapter 1, article 2, section 69, to
defray the regulatory oversight and
legal costs associated with the class A
license approved by the commission on
January 19, 2005. Any unexpended
portion of this appropriation remains
available in fiscal year 2006.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 33. DEPARTMENT OF
PUBLIC SAFETY 246,000 196,000
These appropriations are for the costs
of issuing the "Support Our Troops"
license plates. These appropriations
are from the vehicle services operating
account in the special revenue fund.
ARTICLE 2
STATE GOVERNMENT OPERATIONS
Section 1. [5.31] [STATEWIDE VOTER REGISTRATION SYSTEM.]
The secretary of state may sell intellectual property
rights associated with the statewide voter registration system
to other states or to units of local government in other states.
Receipts from the sale must be deposited in the state treasury
and credited to the Help America Vote Act account.
Sec. 2. [6.755] [REPORTS TO THE LEGISLATURE.]
Section 3.195 applies to the state auditor. For purposes
of determining whether members or employees of the legislature
wish to receive reports or publications prepared by the state
auditor, the state auditor may send a brief listing of reports
to each member. The state auditor must deliver reports or
publications to the legislature electronically whenever it is
cost effective.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 3. [6.79] [STATE MANDATES.]
A county, town, school district, or statutory or home rule
charter city may file a written resolution with the state
auditor objecting to a state mandate or making recommendations
for reforming a state mandate. The state auditor must list on
the state auditor's Web site a list of all state mandates cited
in a resolution under this section, and the name of the unit of
local government citing the mandate.
Sec. 4. [6.80] [RULE AND LAW WAIVER REQUESTS.]
Subdivision 1. [GENERALLY.] (a) Except as provided in
paragraph (b), a local government unit may request the state
auditor to grant a waiver from one or more administrative rules
or a temporary, limited exemption from enforcement of state
procedural laws governing delivery of services by the local
government unit. Two or more local government units may submit
a joint application for a waiver or exemption under this section
if they propose to cooperate in providing a service or program
that is subject to the rule or law. Before submitting an
application to the state auditor, the governing body of the
local government unit must approve, in concept, the proposed
waiver or exemption at a meeting required to be public under
chapter 13D. A local government unit or two or more units
acting jointly may apply for a waiver or exemption on behalf of
a nonprofit organization providing services to clients whose
costs are paid by the unit or units. A waiver or exemption
granted to a nonprofit organization under this section applies
to services provided to all the organization's clients.
(b) A school district that is granted a variance from rules
of the commissioner of education under section 122A.163, need
not apply for a waiver of those rules under this section. A
school district may not seek a waiver of rules under this
section if the commissioner of education has authority to grant
a variance to the rules under section 122A.163. This paragraph
does not preclude a school district from being included in a
cooperative effort with another local government unit under this
section.
(c) Before petitioning the state auditor's office for an
exemption from an administrative rule, the petitioner must have
requested and been denied such an exemption from the appropriate
agency pursuant to sections 14.055 and 14.056.
Subd. 2. [APPLICATION.] A local government unit requesting
a waiver of a rule or exemption from enforcement of a law under
this section shall present a written application to the state
auditor. The application must include:
(1) the name and address of the entity for whom a waiver of
a rule or exemption from enforcement of a law is being
requested;
(2) identification of the service or program at issue;
(3) identification of the administrative rule or the law
imposing a procedural requirement with respect to which the
waiver or exemption is sought;
(4) a description of the improved service outcome sought,
including an explanation of the effect of the waiver or
exemption in accomplishing that outcome, and why that outcome
cannot be accomplished under established rules or laws;
(5) information on the state auditor's office treatment on
similar cases;
(6) the name, address, and telephone number of any person,
business, or other government unit the petitioner knows would be
adversely affected by the grant of the petition; and
(7) a signed statement as to the accuracy of the facts
presented.
A copy of the application must be provided by the requesting
local government unit to the exclusive representative certified
under section 179A.12 to represent employees who provide the
service or program affected by the requested waiver or exemption.
Subd. 3. [REVIEW PROCESS.] (a) Upon receipt of an
application from a local government unit, the state auditor
shall review the application. The state auditor shall dismiss
an application if the application proposes a waiver of rules or
exemption from enforcement of laws that would result in due
process violations, violations of federal law or the state or
federal constitution, or the loss of services to people who are
entitled to them.
(b) The state auditor shall determine whether a law from
which an exemption for enforcement is sought is a procedural
law, specifying how a local government unit is to achieve an
outcome, rather than a substantive law prescribing the outcome
or otherwise establishing policy. For the purposes of this
section, "procedural law" does not include a statutory notice
requirement. In making the determination, the state auditor
shall consider whether the law specifies such requirements as:
(1) who must deliver a service;
(2) where the service must be delivered;
(3) to whom and in what form reports regarding the service
must be made; and
(4) how long or how often the service must be made
available to a given recipient.
(c) If the application requests a waiver of a rule or
temporary, limited exemptions from enforcement of a procedural
law over which the Metropolitan Council or a metropolitan agency
has jurisdiction, the state auditor shall also transmit a copy
of the application to the council or applicable metropolitan
agency, whichever has jurisdiction, for review and comment. The
council or agency shall report its comments to the board within
60 days of the date the application was transmitted to the
council or agency. The council or agency may point out any
resources or technical assistance it may be able to provide a
local government unit submitting a request under this section.
(d) Within 15 days after receipt of the application, the
state auditor shall transmit a copy of it to the commissioner of
each agency having jurisdiction over a rule or law from which a
waiver or exemption is sought. The agency may mail a notice
that it has received an application for a waiver or exemption to
all persons who have registered with the agency under section
14.14, subdivision 1a, identifying the rule or law from which a
waiver or exemption is requested. If no agency has jurisdiction
over the rule or law, the state auditor shall transmit a copy of
the application to the attorney general. The agency shall
inform the state auditor of its agreement with or objection to
and grounds for objection to the waiver or exemption request
within 60 days of the date when the application was transmitted
to it. An agency's failure to do so is considered agreement to
the waiver or exemption. The state auditor shall decide whether
to grant a waiver or exemption at the end of the 60-day response
period. Interested persons may submit written comments to the
state auditor on the waiver or exemption request up to the end
of the 60-day response period.
(e) If the exclusive representative of the affected
employees of the requesting local government unit objects to the
waiver or exemption request it may inform the state auditor of
the objection to and the grounds for the objection to the waiver
or exemption request within 60 days of the receipt of the
application.
Subd. 4. [HEARING.] If a state agency under subdivision 3,
paragraph (d), or the exclusive representative of the affected
employees under subdivision 3, paragraph (e), has objected to a
waiver or exemption request, the state auditor's office shall
set a date for a hearing on the applications. The hearing must
be conducted informally at a time and place determined by all
parties. Persons representing the local government unit shall
present their case for the waiver or exemption, and persons
representing the agency or the exclusive representative of the
affected employees shall explain their objection to it. The
state auditor may request additional information from the local
government unit or either objecting party. The state auditor
may also request, either before or at the hearing, information
or comments from representatives of business, labor, local
governments, state agencies, consultants, and members of the
public. If necessary, the hearing may be continued for a later
date. The state auditor may modify the terms of the waiver or
exemption request in arriving at the agreement required under
subdivision 5.
Subd. 5. [CONDITIONS OF AGREEMENTS.] (a) In determining
whether to grant a petition for a waiver of a rule or exemption
from enforcement of a law, the state auditor should consider the
following factors:
(1) whether there is a true and unique impediment under
current law to accomplishing the goal of the local government
unit;
(2) granting the waiver of a rule or exemption from
enforcement of law will only change procedural requirements of a
local government unit;
(3) the purpose of any rule or law that is waived is still
being met in another manner;
(4) granting the proposed waiver of a rule or exemption
from enforcement of a law would result in a more efficient means
of providing government services; and
(5) granting the proposed waiver will not have a
significant negative impact on other state government, local
government units, businesses, or citizens.
(b) If the state auditor grants a request for a waiver or
exemption, the state auditor and the local government unit shall
enter into an agreement providing for the delivery of the
service or program that is the subject of the application. The
agreement must specify desired outcomes, the reasons why the
desired outcomes cannot be met under current laws or rules, and
the means of measurement by which the state auditor will
determine whether the outcomes specified in the agreement have
been met. The agreement must specify the duration of the waiver
or exemption. The duration of a waiver from an administrative
rule may be for no less than two years and no more than four
years, subject to renewal if both parties agree. An exemption
from enforcement of a law terminates ten days after adjournment
of the regular legislative session held during the calendar year
following the year when the exemption is granted, unless the
legislature has acted to extend or make permanent the exemption.
(c) The state auditor must report any grants of waivers or
exemptions to the legislature, including the chairs of the
governmental operations and appropriate policy committees in the
house and senate, and the governor within 30 days.
(d) The state auditor may reconsider or renegotiate the
agreement if the rule or law affected by the waiver or exemption
is amended or repealed during the term of the original
agreement. A waiver of a rule under this section has the effect
of a variance granted by an agency under section 14.055. A
local unit of government that is granted an exemption from
enforcement of a procedural requirement in state law under this
section is exempt from that law for the duration of the
exemption. The state auditor may require periodic reports from
the local government unit, or conduct investigations of the
service or program.
Subd. 6. [ENFORCEMENT.] If the state auditor finds that
the local government unit is failing to comply with the terms of
the agreement under subdivision 5, the state auditor may rescind
the agreement. Upon the rescission, the local unit of
government becomes subject to the rules and laws covered by the
agreement.
Subd. 7. [ACCESS TO DATA.] If a local government unit,
through a cooperative program under this section, gains access
to data collected, created, received, or maintained by another
local government that is classified as not public, the unit
gaining access is governed by the same restrictions on access to
and use of the data as the unit that collected, created,
received, or maintained the data.
Sec. 5. [8.065] [PRIVATE ATTORNEY CONTRACTS.]
The attorney general may not enter into a contract for
legal services in which the fees and expenses paid by the state
exceed, or can reasonably be expected to exceed, $1,000,000
unless the attorney general first submits the proposed contract
to the Legislative Advisory Commission, and waits at least 20
days to receive a possible recommendation from the commission.
Sec. 6. [10.60] [PUBLIC WEB SITES AND PUBLICATIONS.]
Subdivision 1. [DEFINITIONS.] For purposes of this section:
(1) "political subdivision" means a county, statutory or
home rule charter city, town, school district, or other
municipal corporation, and the Metropolitan Council and a
metropolitan or regional agency;
(2) "publication" means a document printed with public
money by an elected or appointed official of a state agency or
political subdivision that is intended to be distributed
publicly outside of the state agency or political subdivision;
(3) "state agency" means an entity in the executive,
judicial, or legislative branch of state government; and
(4) "Web site" means a site maintained on the World Wide
Web that is available for unrestricted public access and that is
maintained with public money by an elected or appointed official
of a state agency or political subdivision.
Subd. 2. [PURPOSE OF WEB SITE AND PUBLICATIONS.] The
purpose of a Web site and a publication must be to provide
information about the duties and jurisdiction of a state agency
or political subdivision or to facilitate access to public
services and information related to the responsibilities or
functions of the state agency or political subdivision.
Subd. 3. [PROHIBITIONS.] (a) A Web site or publication
must not include pictures or other materials that tend to
attribute the Web site or publication to an individual or group
of individuals instead of to a public office, state agency, or
political subdivision. A publication must not include the words
"with the compliments of" or contain letters of personal
greeting that promote an elected or appointed official of a
state agency or political subdivision.
(b) A Web site may not contain a link to a Weblog or site
maintained by a candidate, a political committee, a political
party or party unit, a principal campaign committee, or a state
committee. Terms used in this paragraph have the meanings given
them in chapter 10A, except that "candidate" also includes a
candidate for an elected office of a political subdivision.
Subd. 4. [PERMITTED MATERIAL.] (a) Material specified in
this subdivision may be included on a Web site or in a
publication, but only if the material complies with subdivision
2. This subdivision is not a comprehensive list of material
that may be contained on a Web site or in a publication, if the
material complies with subdivision 2.
(b) A Web site or publication may include biographical
information about an elected or appointed official, a single
official photograph of the official, and photographs of the
official performing functions related to the office. There is
no limitation on photographs, Webcasts, archives of Webcasts,
and audio or video files that facilitate access to information
or services or inform the public about the duties and
obligations of the office or that are intended to promote trade
or tourism. A state Web site or publication may include
photographs or information involving civic or charitable work
done by the governor's spouse, provided that these activities
relate to the functions of the governor's office.
(c) A Web site or publication may include press releases,
proposals, policy positions, and other information directly
related to the legal functions, duties, and jurisdiction of a
public official or organization.
Subd. 5. [OTHER STANDARDS.] This section does not prohibit
a state agency or political subdivision from adopting more
restrictive standards for the content of a Web site or
publication maintained by the agency or political subdivision.
Subd. 6. [ENFORCEMENT.] Violation of this section is not a
crime and is not subject to civil penalty.
[EFFECTIVE DATE.] This section is effective for state
agencies July 1, 2005. This section is effective for political
subdivisions July 1, 2006.
Sec. 7. Minnesota Statutes 2004, section 11A.24,
subdivision 6, is amended to read:
Subd. 6. [OTHER INVESTMENTS.] (a) In addition to the
investments authorized in subdivisions 1 to 5, and subject to
the provisions in paragraph (b), the state board may invest
funds in:
(1) venture capital investment businesses through
participation in limited partnerships, trusts, private
placements, limited liability corporations, limited liability
companies, limited liability partnerships, and corporations;
(2) real estate ownership interests or loans secured by
mortgages or deeds of trust or shares of real estate investment
trusts through investment in limited partnerships, bank
sponsored collective funds, trusts, mortgage participation
agreements, and insurance company commingled accounts, including
separate accounts;
(3) regional and mutual funds through bank sponsored
collective funds and open-end investment companies registered
under the Federal Investment Company Act of 1940, and closed-end
mutual funds listed on an exchange regulated by a governmental
agency;
(4) resource investments through limited partnerships,
trusts, private placements, limited liability corporations,
limited liability companies, limited liability partnerships, and
corporations; and
(5) international securities.
(b) The investments authorized in paragraph (a) must
conform to the following provisions:
(1) the aggregate value of all investments made according
to paragraph (a), clauses (1) to (4), may not exceed 35 percent
of the market value of the fund for which the state board is
investing;
(2) there must be at least four unrelated owners of the
investment other than the state board for investments made under
paragraph (a), clause (1), (2), (3), or (4);
(3) state board participation in an investment vehicle is
limited to 20 percent thereof for investments made under
paragraph (a), clause (1), (2), (3), or (4); and
(4) state board participation in a limited partnership does
not include a general partnership interest or other interest
involving general liability. The state board may not engage in
any activity as a limited partner which creates general
liability.
(c) All financial, business, or proprietary data collected,
created, received, or maintained by the state board in
connection with investments authorized by paragraph (a), clause
(1), (2), or (4), are nonpublic data under section 13.02,
subdivision 9. As used in this paragraph, "financial, business,
or proprietary data" means data, as determined by the
responsible authority for the state board, that is of a
financial, business, or proprietary nature, the release of which
could cause competitive harm to the state board, the legal
entity in which the state board has invested or has considered
an investment, the managing entity of an investment, or a
portfolio company in which the legal entity holds an interest.
As used in this section, "business data" is data described in
section 13.591, subdivision 1. Regardless of whether they could
be considered financial, business, or proprietary data, the
following data received, prepared, used, or retained by the
state board in connection with investments authorized by
paragraph (a), clause (1), (2), or (4), are public at all times:
(1) the name and industry group classification of the legal
entity in which the state board has invested or in which the
state board has considered an investment;
(2) the state board commitment amount, if any;
(3) the funded amount of the state board's commitment to
date, if any;
(4) the market value of the investment by the state board;
(5) the state board's internal rate of return for the
investment, including expenditures and receipts used in the
calculation of the investment's internal rate of return; and
(6) the age of the investment in years.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 8. Minnesota Statutes 2004, section 13.635, is
amended by adding a subdivision to read:
Subd. 1a. [STATE BOARD OF INVESTMENT.] Certain government
data of the State Board of Investment related to investments are
classified under section 11A.24, subdivision 6.
Sec. 9. [14.127] [LEGISLATIVE APPROVAL REQUIRED.]
Subdivision 1. [COST THRESHOLDS.] An agency must determine
if the cost of complying with a proposed rule in the first year
after the rule takes effect will exceed $25,000 for: (1) any
one business that has less than 50 full-time employees; or (2)
any one statutory or home rule charter city that has less than
ten full-time employees. For purposes of this section,
"business" means a business entity organized for profit or as a
nonprofit, and includes an individual, partnership, corporation,
joint venture, association, or cooperative.
Subd. 2. [AGENCY DETERMINATION.] An agency must make the
determination required by subdivision 1 before the close of the
hearing record, or before the agency submits the record to the
administrative law judge if there is no hearing. The
administrative law judge must review and approve or disapprove
the agency determination under this section.
Subd. 3. [LEGISLATIVE APPROVAL REQUIRED.] If the agency
determines that the cost exceeds the threshold in subdivision 1,
or if the administrative law judge disapproves the agency's
determination that the cost does not exceed the threshold in
subdivision 1, any business that has less than 50 full-time
employees or any statutory or home rule charter city that has
less than ten full-time employees may file a written statement
with the agency claiming a temporary exemption from the rules.
Upon filing of such a statement with the agency, the rules do
not apply to that business or that city until the rules are
approved by a law enacted after the agency determination or
administrative law judge disapproval.
Subd. 4. [EXCEPTIONS.] (a) Subdivision 3 does not apply if
the administrative law judge approves an agency's determination
that the legislature has appropriated money to sufficiently fund
the expected cost of the rule upon the business or city proposed
to be regulated by the rule.
(b) Subdivision 3 does not apply if the administrative law
judge approves an agency's determination that the rule has been
proposed pursuant to a specific federal statutory or regulatory
mandate.
(c) This section does not apply if the rule is adopted
under section 14.388 or under another law specifying that the
rulemaking procedures of this chapter do not apply.
(d) This section does not apply to a rule adopted by the
Public Utilities Commission.
(e) Subdivision 3 does not apply if the governor waives
application of subdivision 3. The governor may issue a waiver
at any time, either before or after the rule would take effect,
but for the requirement of legislative approval. As soon as
possible after issuing a waiver under this paragraph, the
governor must send notice of the waiver to the speaker of the
house of representatives and the president of the senate and
must publish notice of this determination in the State Register.
Subd. 5. [SEVERABILITY.] If an administrative law judge
determines that part of a proposed rule exceeds the threshold
specified in subdivision 1, but that a severable portion of a
proposed rule does not exceed the threshold in subdivision 1,
the administrative law judge may provide that the severable
portion of the rule that does not exceed the threshold may take
effect without legislative approval.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
This section applies to any rule for which the hearing record
has not closed before July 1, 2005, or, if there is no public
hearing, for which the agency has not submitted the record to
the administrative law judge before that date.
Sec. 10. Minnesota Statutes 2004, section 14.19, is
amended to read:
14.19 [DEADLINE TO COMPLETE RULEMAKING.]
Within 180 days after issuance of the administrative law
judge's report or that of the chief administrative law judge,
the agency shall submit its notice of adoption, amendment, or
repeal to the State Register for publication. If the agency has
not submitted its notice to the State Register within 180 days,
the rule is automatically withdrawn. The agency may not adopt
the withdrawn rules without again following the procedures of
sections 14.05 to 14.28, with the exception of section 14.101,
if the noncompliance is approved by the chief administrative law
judge. The agency shall report to the Legislative Coordinating
Commission, other appropriate committees of the legislature, and
the governor its failure to adopt rules and the reasons for that
failure. The 180-day time limit of this section does not
include:
(1) any days used for review by the chief administrative
law judge or the commission if the review is required by law; or
(2) days during which the rule cannot be adopted, because
of votes by legislative committees under section 14.126; or
(3) days during which the rule cannot be adopted because
approval of the legislature is required under section 14.127.
Sec. 11. Minnesota Statutes 2004, section 15.054, is
amended to read:
15.054 [PUBLIC EMPLOYEES NOT TO PURCHASE MERCHANDISE FROM
GOVERNMENTAL AGENCIES; EXCEPTIONS; PENALTY.]
No officer or employee of the state or any of its political
subdivisions shall sell or procure for sale or possess or
control for sale to any other officer or employee of the state
or subdivision, as appropriate, any property or materials owned
by the state or subdivision except pursuant to conditions
provided in this section. Property or materials owned by the
state or a subdivision and not needed for public purposes, may
be sold to an employee of the state or subdivision after
reasonable public notice at a public auction or by sealed
response, if the employee is not directly involved in the
auction or process pertaining to the administration and
collection of sealed responses. Requirements for reasonable
public notice may be prescribed by other law or ordinance so
long as at least one week's published notice is specified. An
employee of the state or a political subdivision may purchase no
more than one motor vehicle from the state in any 12-month
period at any one auction. A person violating the provisions of
this section is guilty of a misdemeanor. This section shall not
apply to the sale of property or materials acquired or produced
by the state or subdivision for sale to the general public in
the ordinary course of business. Nothing in this section shall
prohibit an employee of the state or a political subdivision
from selling or possessing for sale public property if the sale
or possession for sale is in the ordinary course of business or
normal course of the employee's duties.
Sec. 12. [15.60] [PUBLIC SAFETY OFFICERS; AMERICAN FLAG.]
(a) A public employer may not forbid a peace officer or
firefighter from wearing a patch or pin depicting the flag of
the United States of America on the employee's uniform,
according to customary and standard flag etiquette. However, a
public employer may limit the size of a flag patch worn on a
uniform to no more than three inches by five inches.
(b) For purposes of this section:
(1) "peace officer" has the meaning given in section
626.84, subdivision 1, paragraph (c) or (f);
(2) "firefighter" means a person as defined in section
299A.41, subdivision 4, clause (3) or (4); and
(3) "public employer" has the meaning given in section
179A.03, subdivision 15, and also includes a municipal fire
department and an independent nonprofit firefighting corporation.
(c) A peace officer or firefighter who believes a public
employer is violating this section may request the attorney
general to issue an opinion on the issue. Upon request, the
attorney general must issue a written opinion, which is binding,
unless a court makes a contrary decision. If after issuing an
opinion, the attorney general determines that a public employer
continues to violate this section, the attorney general may
bring an action in district court to compel compliance.
Sec. 13. Minnesota Statutes 2004, section 16A.103, is
amended by adding a subdivision to read:
Subd. 4. [REPORT ON EXPENDITURE INCREASES.] By January 10
of an odd-numbered year, the commissioner of finance must report
on those programs or components of programs for which
expenditures for the next biennium according to the forecast
issued the previous November are projected to increase more than
15 percent over the expenditures for that program in the current
biennium. The report must include an analysis of the factors
that are causing the increases in expenditures.
Sec. 14. Minnesota Statutes 2004, section 16A.1286,
subdivision 3, is amended to read:
Subd. 3. [APPROPRIATION.] Money transferred into the
account is appropriated to the commissioner to pay for statewide
systems services during the biennium in which it is appropriated.
Sec. 15. Minnesota Statutes 2004, section 16A.151,
subdivision 2, is amended to read:
Subd. 2. [EXCEPTIONS.] (a) If a state official litigates
or settles a matter on behalf of specific injured persons or
entities, this section does not prohibit distribution of money
to the specific injured persons or entities on whose behalf the
litigation or settlement efforts were initiated. If money
recovered on behalf of injured persons or entities cannot
reasonably be distributed to those persons or entities because
they cannot readily be located or identified or because the cost
of distributing the money would outweigh the benefit to the
persons or entities, the money must be paid into the general
fund.
(b) Money recovered on behalf of a fund in the state
treasury other than the general fund may be deposited in that
fund.
(c) This section does not prohibit a state official from
distributing money to a person or entity other than the state in
litigation or potential litigation in which the state is a
defendant or potential defendant.
(d) State agencies may accept funds as directed by a
federal court for any restitution or monetary penalty under
United States Code, title 18, section 3663(a)(3) or United
States Code, title 18, section 3663A(a)(3). Funds received must
be deposited in a special revenue account and are appropriated
to the commissioner of the agency for the purpose as directed by
the federal court.
(e) Subdivision 1 does not apply to a recovery or
settlement of less than $750,000.
Sec. 16. Minnesota Statutes 2004, section 16A.152,
subdivision 2, is amended to read:
Subd. 2. [ADDITIONAL REVENUES; PRIORITY.] (a) If on the
basis of a forecast of general fund revenues and expenditures,
the commissioner of finance determines that there will be a
positive unrestricted budgetary general fund balance at the
close of the biennium, the commissioner of finance must allocate
money to the following accounts and purposes in priority order:
(1) the cash flow account established in subdivision 1
until that account reaches $350,000,000;
(2) the budget reserve account established in subdivision
1a until that account reaches $653,000,000;
(3) the amount necessary to increase the aid payment
schedule for school district aids and credits payments in
section 127A.45 to not more than 90 percent rounded to the
nearest tenth of a percent without exceeding the amount
available and with any remaining funds deposited in the budget
reserve; and
(4) the amount necessary to restore all or a portion of the
net aid reductions under section 127A.441 and to reduce the
property tax revenue recognition shift under section 123B.75,
subdivision 5, paragraph (c), and Laws 2003, First Special
Session chapter 9, article 5, section 34, as amended by Laws
2003, First Special Session chapter 23, section 20, by the same
amount.
(b) The amounts necessary to meet the requirements of this
section are appropriated from the general fund within two weeks
after the forecast is released or, in the case of transfers
under paragraph (a), clauses (3) and (4), as necessary to meet
the appropriations schedules otherwise established in statute.
(c) To the extent that a positive unrestricted budgetary
general fund balance is projected, appropriations under this
section must be made before any transfer is made under section
16A.1522 takes effect.
(d) The commissioner of finance shall certify the total
dollar amount of the reductions under paragraph (a), clauses (3)
and (4), to the commissioner of education. The commissioner of
education shall increase the aid payment percentage and reduce
the property tax shift percentage by these amounts and apply
those reductions to the current fiscal year and thereafter.
Sec. 17. Minnesota Statutes 2004, section 16A.1522,
subdivision 1, is amended to read:
Subdivision 1. [FORECAST.] If, on the basis of a forecast
of general fund revenues and expenditures in November of an
even-numbered year or February of an odd-numbered year, the
commissioner projects a positive unrestricted budgetary general
fund balance at the close of the biennium that exceeds one-half
of one percent of total general fund biennial revenues, the
commissioner shall designate the entire balance as available for
rebate to the taxpayers of this state. In forecasting,
projecting, or designating the unrestricted budgetary general
fund balance or general fund biennial revenue under this
section, the commissioner shall not include any balance or
revenue attributable to settlement payments received after July
1, 1998, and before July 1, 2001, as defined in Section IIB of
the settlement document, filed May 18, 1998, in State v. Philip
Morris, Inc., No. C1-94-8565 (Minnesota District Court, Second
Judicial District).
Sec. 18. Minnesota Statutes 2004, section 16A.281, is
amended to read:
16A.281 [APPROPRIATIONS TO LEGISLATURE.]
Except as provided in this section, section 16A.28 applies
to appropriations made to the legislature, the senate, the house
of representatives, or its committees or commissions. An
appropriation made to the legislature, the senate, the house of
representatives, or a legislative commission or committee other
than a standing committee, if not spent during the first year,
may be spent during the second year of a biennium. An
unexpended balance not carried forward and remaining unexpended
and unencumbered at the end of a biennium lapses and shall be
returned to the fund from which appropriated. Balances may be
carried forward into the next biennium and credited to special
accounts to be used only as follows: (1) for nonrecurring
expenditures on investments that enhance efficiency or improve
effectiveness; (2) to pay expenses associated with special
sessions, interim activities, public hearings, or other public
outreach efforts and related activities; and (3) to pay
severance costs of involuntary terminations. The approval of
the commissioner of finance under section 16A.28, subdivision 2,
does not apply to the legislature. An appropriation made to the
legislature, the senate, the house of representatives, or a
standing committee for all or part of a biennium may be spent in
either year of the biennium.
Sec. 19. [16B.296] [TRANSFER OF REAL PROPERTY.]
Notwithstanding any law to the contrary, real property
purchased in whole or in part with state funds may not be
transferred for less than the appraised value, or if the
property has not been appraised, for less than the fair market
value as determined by the commissioner of administration. This
section does not apply to a department listed in section 15.01,
the Minnesota State Colleges and Universities, the University of
Minnesota, or a political subdivision of the state.
Sec. 20. Minnesota Statutes 2004, section 16B.33,
subdivision 4, is amended to read:
Subd. 4. [DESIGNER SELECTION PROCESS.] (a) [PUBLICITY.]
Upon receipt of a request from a user agency for a primary
designer, the board shall publicize the proposed project in
order to determine the identity of designers interested in the
design work on the project. The board shall establish criteria
for the selection process and make this information public, and
shall compile data on and conduct interviews of designers. The
board's selection criteria must include consideration of each
interested designer's performance on previous projects for the
state or any other person. Upon completing the process, the
board shall select the primary designer and shall state its
reasons in writing. If the board's vote for the selection of a
primary designer results in a tie vote, the nonvoting member
appointed under subdivision 2, paragraph (b), must vote for the
selection of the primary designer. Notification to the
commissioner of the selection shall be made not more than 60
days after receipt from a user agency of a request for a primary
designer. The commissioner shall promptly notify the designer
and the user agency. The commissioner shall negotiate the
designer's fee and prepare the contract to be entered into
between the designer and the user agency.
(b) [CONFLICT OF INTEREST.] A board member may not
participate in the review, discussion, or selection of a
designer or firm in which the member has a financial interest.
(c) [SELECTION BY COMMISSIONER.] In the event the board
receives a request for a primary designer on a project, the
estimated cost of which is less than the limit established by
subdivision 3, or a planning project with estimated fees of less
than the limit established by subdivision 3, the board may
submit the request to the commissioner of administration, with
or without recommendations, and the commissioner shall thereupon
select the primary designer for the project.
(d) [SECOND SELECTION.] If the designer selected for a
project declines the appointment or is unable to reach agreement
with the commissioner on the fee or the terms of the contract,
the commissioner shall, within 60 days after the first
appointment, request the board to make another selection.
(e) [SIXTY DAYS TO SELECT.] If the board fails to make a
selection and forward its recommendation to the commissioner
within 60 days of the user agency's request for a designer, the
commissioner may appoint a designer to the project without the
recommendation of the board.
(f) [LESS THAN SATISFACTORY PERFORMANCE.] The
commissioner, or the University of Minnesota and the Minnesota
State Colleges and Universities for projects under their
supervision, shall forward to the board a written report
describing each instance in which the performance of a designer
selected by the board or the commissioner has been less than
satisfactory. Criteria for determining satisfaction include the
ability of the designer to complete design work on time, to
provide a design responsive to program needs within the
constraints of the budget, to solve design problems and achieve
a design consistent with the proposed function of the building,
to avoid costly design errors or omissions, and to observe the
construction work. These reports are public data and are
available for inspection under section 13.03.
Sec. 21. [16C.064] [COST-BENEFIT ANALYSIS.]
(a) The commissioner or an agency official to whom the
commissioner has delegated duties under section 16C.03,
subdivision 16, may not approve a contract or purchase of goods
or services in an amount greater than $50,000,000 unless a
cost-benefit analysis has been completed and shows a positive
benefit to the public. The Management Analysis Division must
perform or direct the performance of the analysis. Money
appropriated for the contract or purchase must be used to pay
for the analysis. A cost-benefit analysis must be performed for
a project if an aggregation of contracts or purchases for a
project exceeds $50,000,000.
(b) All cost-benefit analysis documents under this section,
including preliminary drafts and notes, are public data.
(c) If a cost-benefit analysis does not show a positive
benefit to the public, the governor may approve a contract or
purchase of goods or services if a cost-effectiveness study had
been done that shows the proposed project is the most effective
way to provide a necessary public good.
(d) This section applies to contracts for goods or services
that are expected to have a useful life of more than three
years. This section does not apply for purchase of goods or
services for response to a natural disaster if an emergency has
been declared by the governor. This section does not apply to
contracts involving the Minnesota state colleges and
universities, state buildings, or state highways.
(e) This section is repealed effective July 1, 2008.
Sec. 22. Minnesota Statutes 2004, section 16C.10,
subdivision 7 is amended to read:
Subd. 7. [REVERSE AUCTION.] (a) For the purpose of this
subdivision, "reverse auction" means a purchasing process in
which vendors compete to provide goods or engineering design or
computer services at the lowest selling price in an open and
interactive environment.
(b) The provisions of sections 13.591, subdivision 3, and
16C.06, subdivision 2, do not apply when the commissioner
determines that a reverse auction is the appropriate purchasing
process.
Sec. 23. [16C.143] [ENERGY FORWARD PRICING MECHANISMS.]
Subdivision 1. [DEFINITIONS.] The following definitions
apply in this section:
(1) "energy" means natural gas, heating oil, propane, and
any other energy source except electricity used in state
facilities; and
(2) "forward pricing mechanism" means a contract or
financial instrument that obligates a state agency to buy or
sell a specified quantity of energy at a future date at a set
price.
Subd. 2. [AUTHORITY.] Notwithstanding any other law to the
contrary, the commissioner may use forward pricing mechanisms
for budget risk reduction.
Subd. 3. [CONDITIONS.] Forward pricing mechanism
transactions must be made only under the following conditions:
(1) the quantity of energy affected by the forward pricing
mechanism must not exceed 90 percent of the estimated energy use
for the state agency for the same period, which shall not exceed
24 months; and
(2) a separate account must be established for each state
agency using a forward pricing mechanism.
Subd. 4. [WRITTEN POLICIES AND PROCEDURES.] Before
exercising the authority under this section, the commissioner
must develop written policies and procedures governing the use
of forward pricing mechanisms.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 24. Minnesota Statutes 2004, section 16C.144, is
amended to read:
16C.144 [GUARANTEED ENERGY SAVINGS CONTRACTS PROGRAM.]
Subdivision 1. [DEFINITIONS.] The following definitions
apply to this section.
(a) "Utility" means electricity, natural gas, or other
energy resource, water, and wastewater.
(b) "Utility cost savings" means the difference between the
utility costs under the precontract conditions and the utility
costs after the changes have been made under the contract. Such
savings shall be calculated in comparison to an established
baseline of utility costs installation of the utility
cost-savings measures pursuant to the guaranteed energy savings
agreement and the baseline utility costs after baseline
adjustments have been made.
(c) "Established baseline" means the precontract utilities,
operations, and maintenance costs.
(d) "Baseline" means the preagreement utilities,
operations, and maintenance costs.
(d) "Utility cost-savings measure" means a measure that
produces utility cost savings and/or or operation and
maintenance cost savings.
(e) "Operation and maintenance cost savings" means a
measurable decrease in difference between operation and
maintenance costs after the installation of the utility
cost-savings measures pursuant to the guaranteed energy savings
agreement and the baseline operation and maintenance costs that
is a direct result of the implementation of one or more utility
cost-savings measures but does after inflation adjustments have
been made. Operation and maintenance costs savings shall not
include savings from in-house staff labor. Such savings shall
be calculated in comparison to an established baseline of
operation and maintenance costs.
(f) "Guaranteed energy savings contract agreement" means a
contract an agreement for the evaluation, recommendation, and
installation of one or more utility cost-savings measures that
includes the qualified provider's guarantee as required under
subdivision 2. The contract must provide that all payments are
to be made over time but not to exceed ten years from the date
of final installation, and the savings are guaranteed to the
extent necessary to make payments for the utility cost-savings
measures.
(g) "Baseline adjustments" means adjusting the established
utility cost savings baselines in paragraphs (b) and
(d) annually for changes in the following variables:
(1) utility rates;
(2) number of days in the utility billing cycle;
(3) square footage of the facility;
(4) operational schedule of the facility;
(5) facility temperature set points;
(6) weather; and
(7) amount of equipment or lighting utilized in the
facility.
(h) "Inflation adjustment" means adjusting the operation
and maintenance cost-savings baseline annually for inflation.
(i) "Lease purchase contract agreement" means a
contract an agreement obligating the state to make regular lease
payments to satisfy the lease costs of the utility cost-savings
measures until the final payment, after which time the utility
cost-savings measures become the sole property of the state of
Minnesota.
(i) (j) "Qualified provider" means a person or business
experienced in the design, implementation, and installation of
utility cost-savings measures.
(j) (k) "Engineering report" means a report prepared by a
professional engineer licensed by the state of Minnesota
summarizing estimates of all costs of installations,
modifications, or remodeling, including costs of design,
engineering, installation, maintenance, repairs, and estimates
of the amounts by which utility and operation and maintenance
costs will be reduced.
(k) (l) "Capital cost avoidance" means money expended by a
state agency to pay for utility cost-savings measures with a
guaranteed savings contract agreement so long as the measures
that are being implemented to achieve the utility, operation,
and maintenance cost savings are a significant portion of an
overall project as determined by the commissioner.
(l) (m) "Guaranteed energy savings contracting program
guidelines" means policies, procedures, and requirements of
guaranteed savings contracts agreements established by the
Department of Administration upon enacting this legislation.
Subd. 2. [GUARANTEED ENERGY SAVINGS CONTRACT AGREEMENT.]
The commissioner may enter into a guaranteed energy savings
contract agreement with a qualified provider if:
(1) the qualified provider is selected through a
competitive process in accordance with the guaranteed energy
savings contracting program guidelines within the Department of
Administration;
(2) the qualified provider agrees to submit an engineering
report prior to the execution of the guaranteed energy savings
contract agreement. The cost of the engineering report may be
considered as part of the implementation costs if the
commissioner enters into a guaranteed energy savings agreement
with the provider;
(3) the term of the guaranteed energy savings agreement
shall not exceed 15 years from the date of final installation;
(4) the commissioner finds that the amount it would spend
on the utility cost-savings measures recommended in the
engineering report will not exceed the amount to be saved in
utility operation and maintenance costs over ten 15 years from
the date of implementation of utility cost-savings measures;
(4) (5) the qualified provider provides a written guarantee
that the annual utility, operation, and maintenance cost savings
during the term of the guaranteed energy savings agreement will
meet or exceed the costs of the guaranteed savings contract
annual payments due under a lease purchase agreement. The
qualified provider shall reimburse the state for any shortfall
of guaranteed utility, operation, and maintenance cost savings;
and
(5) (6) the qualified provider gives a sufficient bond in
accordance with section 574.26 to the commissioner for the
faithful implementation and installation of the utility
cost-savings measures.
Subd. 3. [LEASE PURCHASE CONTRACT AGREEMENT.] The
commissioner may enter into a lease purchase agreement with any
party for the implementation of utility cost-savings measures in
accordance with an engineering report the guaranteed energy
savings agreement. The implementation costs of the utility
cost-savings measures recommended in the engineering report
shall not exceed the amount to be saved in utility and operation
and maintenance costs over the term of the lease purchase
agreement. The term of the lease purchase agreement shall not
exceed ten 15 years from the date of final installation. The
lease is assignable in accordance with terms approved by the
commissioner of finance.
Subd. 4. [USE OF CAPITAL COST AVOIDANCE.] The affected
state agency may contribute funds for capital cost avoidance for
guaranteed energy savings contracts agreements. Use of capital
cost avoidance is subject to the guaranteed energy savings
contracting program guidelines within the Department of
Administration.
Subd. 5. [REPORT.] By January 15 of 2005 and, 2007, the
commissioner of administration shall submit to the commissioner
of finance and the chairs of the senate and house of
representatives capital investment committees a list of projects
in the agency that have been funded using guaranteed energy
savings, as outlined in this section, during the preceding
biennium. For each guaranteed energy savings contract agreement
entered into, the commissioner of administration shall contract
with an independent third party to evaluate the
cost-effectiveness of each utility cost-savings measure
implemented to ensure that such measures were the least-cost
measures available. For the purposes of this section,
"independent third party" means an entity not affiliated with
the qualified provider, that is not involved in creating or
providing conservation project services to that provider, and
that has expertise (or access to expertise) in energy savings
practices.
Subd. 6. [CONTRACT LIMITS.] Contracts may not be entered
into after June 30, 2007.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 25. Minnesota Statutes 2004, section 16C.16,
subdivision 1, is amended to read:
Subdivision 1. [SMALL BUSINESS PROCUREMENTS.] (a) The
commissioner shall for each fiscal year ensure that small
businesses receive at least 25 percent of the value of
anticipated total state procurement of goods and services,
including printing and construction. The commissioner shall
divide the procurements so designated into contract award units
of economically feasible production runs in order to facilitate
offers or bids from small businesses.
(b) The commissioner must solicit and encourage Minnesota
small businesses to submit responses or bids when the
commissioner is entering into master contracts. If
cost-effective, when entering into a master contract, the
commissioner must attempt to negotiate contract terms that allow
agencies the option of purchasing from small businesses,
particularly small businesses that are geographically proximate
to the entity making the purchase.
(c) In making the annual designation of such procurements
the commissioner shall attempt (1) to vary the included
procurements so that a variety of goods and services produced by
different small businesses are obtained each year, and (2) to
designate small business procurements in a manner that will
encourage proportional distribution of such awards among the
geographical regions of the state. To promote the geographical
distribution of awards, the commissioner may designate a portion
of the small business procurement for award to bidders from a
specified congressional district or other geographical region
specified by the commissioner. The failure of the commissioner
to designate particular procurements shall not be deemed to
prohibit or discourage small businesses from seeking the
procurement award through the normal process.
Sec. 26. [16C.231] [SURPLUS PROPERTY.]
Notwithstanding section 15.054 or 16C.23, the commissioner
may sell a surplus gun used by a state trooper to the trooper
who used the gun in the course of employment. The sale price
must be the fair market value of the gun, as determined by the
commissioner.
Sec. 27. Minnesota Statutes 2004, section 16C.26,
subdivision 3, is amended to read:
Subd. 3. [PUBLICATION OF NOTICE; EXPENDITURES OVER
$15,000 $25,000.] If the amount of an expenditure is estimated
to exceed $15,000 $25,000, sealed bids must be solicited by
public notice inserted at least once in a newspaper or trade
journal not less than seven days before the final date of
submitting bids in a manner designated by the commissioner. The
commissioner shall designate the newspaper or trade journal for
that publication and may designate different newspapers or
journals according to the nature of the purchase or
contract. To the extent practical, this must include posting on
a state Web site. For expenditures over $50,000, the
commissioner shall also solicit sealed bids by sending providing
notices by mail to all prospective bidders known to the
commissioner and by posting notice on a public bulletin board in
the commissioner's office a state Web site at least five seven
days before the final date of submitting bids. All bids over
$50,000 must be sealed when they are received and must be opened
in public at the hour stated in the notice. All original bids
and all documents pertaining to the award of a contract must be
retained and made a part of a permanent file or record and
remain open to public inspection.
Sec. 28. Minnesota Statutes 2004, section 16C.26,
subdivision 4, is amended to read:
Subd. 4. [BUILDING AND CONSTRUCTION CONTRACTS;
$15,000 $50,000 OR LESS.] All contracts, the amount of which is
estimated to be $15,000 or less, may be made either upon
competitive bids or in the open market, in the discretion of the
commissioner. So far as practicable, however, they must be
based on at least three competitive bids which must be
permanently recorded. An informal bid may be used for building,
construction, and repair contracts that are estimated at less
than $50,000. Informal bids must be authenticated by the bidder
in a manner specified by the commissioner.
Sec. 29. Minnesota Statutes 2004, section 16C.28,
subdivision 2, is amended to read:
Subd. 2. [ALTERATIONS AND ERASURES.] A bid containing an
alteration or erasure of any price contained in the bid which is
used in determining the lowest responsible bid must be rejected
unless the alteration or erasure is corrected under this
subdivision in a manner that is clear and authenticated by an
authorized representative of the responder. An alteration or
erasure may be crossed out and the correction printed in ink or
typewritten adjacent to it and initialed in ink by the person
signing the bid by an authorized representative of the responder.
Sec. 30. [168.1298] [SPECIAL "SUPPORT OUR TROOPS" LICENSE
PLATES.]
Subdivision 1. [GENERAL REQUIREMENTS AND PROCEDURES.] (a)
The commissioner shall issue special "Support Our Troops"
license plates to an applicant who:
(1) is an owner of a passenger automobile, one-ton pickup
truck, recreational vehicle, or motorcycle;
(2) pays a fee of $10 to cover the costs of handling and
manufacturing the plates;
(3) pays the registration tax required under section
168.013;
(4) pays the fees required under this chapter;
(5) contributes a minimum of $30 annually to the Minnesota
"Support Our Troops" account established in section 190.19; and
(6) complies with laws and rules governing registration and
licensing of vehicles and drivers.
(b) The license application under this section must
indicate that the annual contribution specified under paragraph
(a), clause (5), is a minimum contribution to receive the plates
and that the applicant may make an additional contribution to
the account.
Subd. 2. [DESIGN.] After consultation with interested
groups, the adjutant general and the commissioner of veterans
affairs shall design the special plate, subject to the approval
of the commissioner.
Subd. 3. [NO REFUND.] Contributions under this section
must not be refunded.
Subd. 4. [PLATE TRANSFERS.] Notwithstanding section
168.12, subdivision 1, on payment of a transfer fee of $5,
plates issued under this section may be transferred to another
passenger automobile, one-ton pickup truck, recreational
vehicle, or motorcycle owned by the individual to whom the
special plates were issued.
Subd. 5. [CONTRIBUTION AND FEES CREDITED.] Contributions
under subdivision 1, paragraph (a), clause (5), must be paid to
the commissioner and credited to the Minnesota "Support Our
Troops" account established in section 190.19. The fees
collected under this section must be deposited in the vehicle
services operating account in the special revenue fund.
Subd. 6. [RECORD.] The commissioner shall maintain a
record of the number of plates issued under this section.
Sec. 31. [190.19] [MINNESOTA "SUPPORT OUR TROOPS"
ACCOUNT.]
Subdivision 1. [ESTABLISHMENT.] The Minnesota "Support Our
Troops" account is established in the special revenue fund. The
account shall consist of contributions from private sources and
appropriations.
Subd. 2. [USES.] (a) Money appropriated from the Minnesota
"Support Our Troops" account may be used for:
(1) grants directly to eligible individuals;
(2) grants to one or more eligible foundations for the
purpose of making grants to eligible individuals, as provided in
this section; or
(3) veterans' services.
(b) The term, "eligible individual" includes any person who
is:
(1) a member of the Minnesota National Guard or a reserve
unit based in Minnesota who has been called to active service as
defined in section 190.05, subdivision 5;
(2) a Minnesota resident who is a member of a military
reserve unit not based in Minnesota, if the member is called to
active service as defined in section 190.05, subdivision 5;
(3) any other Minnesota resident performing active service
for any branch of the military of the United States; and
(4) members of the immediate family of an individual
identified in clause (1), (2), or (3). For purposes of this
clause, "immediate family" means the individual's spouse and
minor children and, if they are dependents of the member of the
military, the member's parents, grandparents, siblings,
stepchildren, and adult children.
(c) The term "eligible foundation" includes any
organization that:
(1) is a tax-exempt organization under section 501(c)(3) of
the Internal Revenue Code;
(2) has articles of incorporation under chapter 317A
specifying the purpose of the organization as including the
provision of financial assistance to members of the Minnesota
National Guard and other United States armed forces reserves and
their families and survivors; and
(3) agrees in writing to distribute any grant money
received from the adjutant general under this section to
eligible individuals as defined in this section and in
accordance with any written policies and rules the adjutant
general may impose as conditions of the grant to the foundation.
(d) The maximum grant awarded to an eligible individual in
a calendar year with funds from the Minnesota "Support Our
Troops" account, either through an eligible institution or
directly from the adjutant general, may not exceed $2,000.
Subd. 3. [ANNUAL REPORT.] The adjutant general must report
by February 1, 2007, and each year thereafter, to the chairs and
ranking minority members of the legislative committees and
divisions with jurisdiction over military and veterans' affairs
on the number, amounts, and use of grants made by the adjutant
general from the Minnesota "Support Our Troops" account in the
previous year.
Sec. 32. Minnesota Statutes 2004, section 240A.03,
subdivision 5, is amended to read:
Subd. 5. [EXEMPTION OF PROPERTY.] Real or personal
property acquired, owned, leased, controlled, used, or occupied
by the commission for the purposes of amateur sports facilities
is declared to be acquired, owned, leased, controlled, used, and
occupied for public, governmental, and municipal purposes, and
is exempt from ad valorem taxation by the state or any political
subdivision of the state, provided that the properties are
subject to special assessments levied by a political subdivision
for a local improvement in amounts proportionate to and not
exceeding the special benefit received by the properties from
the improvement. The exemption from ad valorem taxation under
this subdivision does not apply to land that is leased by the
commission to any entity, public or private. No possible use of
any of the properties in any manner different from their use
under sections 240A.01 to 240A.07 at the time may be considered
in determining the special benefit received by the properties.
Assessments are subject to confirmation by the commission, whose
determination of the benefits is subject to court review.
Notwithstanding the provisions of section 272.01, subdivision 2,
or 273.19, real or personal property leased by the commission to
another person for uses related to the purposes of sections
240A.01 to 240A.07 is exempt from taxation regardless of the
length of the lease.
Sec. 33. Minnesota Statutes 2004, section 240A.03, is
amended by adding a subdivision to read:
Subd. 16. [FINANCIAL REPORTS.] By January 15 of each year,
the commission must report to the chairs of the legislative
committees with jurisdiction over the commission and its
finances regarding the revenue received by the commission from
leases in the previous fiscal year. The report must detail
revenue received from individual lessees and costs incurred by
the commission for maintenance and operation of the leased
property. The report must also estimate the revenue from leases
for the current and following fiscal years.
Sec. 34. [298.215] [IRON RANGE RESOURCES AND
REHABILITATION; EARLY SEPARATION INCENTIVE PROGRAM
AUTHORIZATION.]
(a) Notwithstanding any law to the contrary, the
commissioner of iron range resources and rehabilitation, in
consultation with the commissioner of employee relations, may
offer a targeted early separation incentive program for
employees of the commissioner who have attained the age of 60
years and have at least five years of allowable service credit
under chapter 352, or who have received credit for at least 30
years of allowable service under the provisions of chapter 352.
(b) The early separation incentive program may include one
or more of the following:
(1) employer-paid postseparation health, medical, and
dental insurance until age 65; and
(2) cash incentives that may, but are not required to be,
used to purchase additional years of service credit through the
Minnesota State Retirement System, to the extent that the
purchases are otherwise authorized by law.
(c) The commissioner of iron range resources and
rehabilitation shall establish eligibility requirements for
employees to receive an incentive.
(d) The commissioner of iron range resources and
rehabilitation, consistent with the established program
provisions under paragraph (b), and with the eligibility
requirements under paragraph (c), may designate specific
programs or employees as eligible to be offered the incentive
program.
(e) Acceptance of the offered incentive must be voluntary
on the part of the employee and must be in writing. The
incentive may only be offered at the sole discretion of the
commissioner of iron range resources and rehabilitation.
(f) The cost of the incentive is payable solely by funds
made available to the commissioner of iron range resources and
rehabilitation by law, but only on prior approval of the
expenditures by a majority of the Iron Range Resources and
Rehabilitation Board.
(g) This section and section 298.216 are repealed June 30,
2006.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 35. [298.216] [APPLICATION OF OTHER LAWS.]
Unilateral implementation of section 298.215 by the
commissioner of iron range resources and rehabilitation is not
an unfair labor practice under chapter 179A.
Sec. 36. Minnesota Statutes 2004, section 349A.10,
subdivision 3, is amended to read:
Subd. 3. [LOTTERY OPERATIONS.] (a) The director shall
establish a lottery operations account in the lottery fund. The
director shall pay all costs of operating the lottery, including
payroll costs or amounts transferred to the state treasury for
payroll costs, but not including lottery prizes, from the
lottery operating account. The director shall credit to the
lottery operations account amounts sufficient to pay the
operating costs of the lottery.
(b) Except as provided in paragraph (e), the director may
not credit in any fiscal year thereafter amounts to the lottery
operations account which when totaled exceed 15 nine percent of
gross revenue to the lottery fund in that fiscal year. In
computing total amounts credited to the lottery operations
account under this paragraph the director shall disregard
amounts transferred to or retained by lottery retailers as sales
commissions or other compensation.
(c) The director of the lottery may not expend after July
1, 1991, more than 2-3/4 percent of gross revenues in a fiscal
year for contracts for the preparation, publication, and
placement of advertising.
(d) Except as the director determines, the lottery is not
subject to chapter 16A relating to budgeting, payroll, and the
purchase of goods and services.
(e) In addition to the amounts credited to the lottery
operations account under paragraph (b), the director is
authorized, if necessary, to meet the current obligations of the
lottery and to credit up to 25 percent of an amount equal to the
average annual amount which was authorized to be credited to the
lottery operations account for the previous three fiscal years
but was not needed to meet the obligations of the lottery.
Sec. 37. Minnesota Statutes 2004, section 359.01, is
amended by adding a subdivision to read:
Subd. 4. [APPLICATION.] The secretary of state shall
prepare the application form for a commission. The form may
request personal information about the applicant, including, but
not limited to, relevant civil litigation, occupational license
history, and criminal background, if any. For the purposes of
this section, "criminal background" includes, but is not limited
to, criminal charges, arrests, indictments, pleas, and
convictions.
Sec. 38. [471.661] [OUT-OF-STATE TRAVEL.]
By January 1, 2006, the governing body of each statutory or
home rule charter city, county, school district, regional
agency, or other political subdivision, except a town, must
develop a policy that controls travel outside the state of
Minnesota for the applicable elected officials of the relevant
unit of government. The policy must be approved by a recorded
vote and specify:
(1) when travel outside the state is appropriate;
(2) applicable expense limits; and
(3) procedures for approval of the travel.
The policy must be made available for public inspection
upon request and reviewed annually. Subsequent changes to the
policy must be approved by a recorded vote.
Sec. 39. [471.701] [SALARY DATA.]
A city or county with a population of more than 15,000 must
annually notify its residents of the positions and base salaries
of its three highest-paid employees. This notice may be
provided on the homepage of the primary Web site maintained by
the political subdivision for a period of not less than 90
consecutive days, in a publication of the political subdivision
that is distributed to all residents in the political
subdivision, or as part of the annual notice of proposed
property taxes prepared under section 275.065.
Sec. 40. Minnesota Statutes 2004, section 507.093, is
amended to read:
507.093 [STANDARDS FOR DOCUMENTS TO BE RECORDED OR FILED.]
(a) The following standards are imposed on documents to be
recorded with the county recorder or filed with the registrar of
titles:
(1) The document shall consist of one or more individual
sheets measuring no larger than 8.5 inches by 14 inches.
(2) The form of the document shall be printed, typewritten,
or computer generated in black ink and the form of the document
shall not be smaller than 8-point type.
(3) The document shall be on white paper of not less than
20-pound weight with no background color, images, or writing and
shall have a clear border of approximately one-half inch on the
top, bottom, and each side.
(4) The first page of the document shall contain a blank
space at the top measuring three inches, as measured from the
top of the page. The right half to be used by the county
recorder for recording information or registrar of titles for
filing information and the left half to be used by the county
auditor or treasurer for certification.
(5) The title of the document shall be prominently
displayed at the top of the first page below the blank space
referred to in clause (4).
(6) No additional sheet shall be attached or affixed to a
page that covers up any information or printed part of the form.
(7) A document presented for recording or filing must be
sufficiently legible to reproduce a readable copy using the
county recorder's or registrar of title's current method of
reproduction.
(b) The standards in this paragraph (a) do not apply to a
document that is recorded or filed as part of a pilot project
for the electronic filing of real estate documents implemented
by the task force created in Laws 2000, chapter 391, and
continued by standards established by the Electronic Real Estate
Recording Task Force created under section 507.094. A county
that participated in the pilot project for the electronic filing
of real estate documents under the task force created in Laws
2000, chapter 391, may continue to record or file documents
electronically, if:
(1) the county complies with standards adopted by that task
force; and
(2) the county uses software that was validated by that
task force.
(c) A county that did not participate in the pilot project
may record or file a real estate document electronically, if:
(i) the document to be recorded or filed is of a type
included in the pilot project for the electronic filing of real
estate documents under the task force created in Laws 2000,
chapter 391;
(ii) the county complies with the standards adopted by the
task force;
(iii) the county uses software that was validated by the
task force; and
(iv) the task force created under section 507.094 votes to
accept a written certification of compliance with paragraph (b),
clause (2), of this section by the county board and county
recorder of the county to implement electronic filing under this
section.
(b) The recording or filing fee for a document that does
not conform to the standards in paragraph (a) shall be increased
as provided in sections 357.18, subdivision 5; 508.82; and
508A.82.
(c) The recorder or registrar shall refund the recording or
filing fee to the applicant if the real estate documents are not
filed or registered within 30 days after receipt, or as
otherwise provided by section 386.30.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 41. [507.094] [ELECTRONIC REAL ESTATE RECORDING TASK
FORCE.]
Subdivision 1. [CREATION; MEMBERSHIP.] (a) The Electronic
Real Estate Recording Task Force established under this section
shall continue the work of the task force established under Laws
2000, chapter 391, to implement and make recommendations for
implementation of electronic filing and recording of real estate
documents.
(b) The task force consists of 17 members. The secretary
of state is a member and the chair of the task force and shall
convene the first meeting of the task force. Members who are
appointed under this section shall serve for a term of three
years beginning July 1, 2005. The task force must include:
(1) four county government officials appointed by the
Association of County Officers, including two county recorders,
one county auditor, and one county treasurer;
(2) two county board members appointed by the Association
of Minnesota Counties, including one board member from within
the seven-county metropolitan area and one board member from
outside the seven-county metropolitan area;
(3) seven members from the private sector recommended by
their industries and appointed by the governor, including
representatives of:
(i) real estate attorneys, real estate agents;
(ii) mortgage companies, and other real estate lenders; and
(iii) technical and industry experts in electronic commerce
and electronic records management and preservation who are not
vendors of real estate related services to counties;
(4) a nonvoting representative selected by the Minnesota
Historical Society; and
(5) two representatives of title companies.
(c) The task force may refer items to subcommittees. The
chair shall recommend and the task force shall appoint the
membership of a subcommittee. An individual may be appointed to
serve on a subcommittee without serving on the task force.
Subd. 2. [STUDY AND RECOMMENDATIONS.] (a) The task force
shall continue the work of the task force created by Laws 2000,
chapter 391, and make recommendations regarding implementation
of a system for electronic filing and recording of real estate
documents and shall consider:
(1) technology and computer needs;
(2) legal issues such as authenticity, security, timing and
priority of recordings, and the relationship between electronic
and paper recorder systems;
(3) a timetable and plan for implementing electronic
recording, considering types of documents and entities using
electronic recording;
(4) permissive versus mandatory systems; and
(5) other relevant issues identified by the task force.
The task force shall review the Uniform Electronic
Recording Act as drafted by the National Conference of
Commissioners on Uniform State Laws and the Property Records
Industry Association position statement on the Uniform Real
Property Electronic Recording Act and recommend alternative
structures for the permanent Commission on Electronic Real
Estate Recording Standards.
(b) The task force may commence establishing standards for
the electronic recording of the remaining residential real
estate deed and mortgage documents and establish pilot projects
to complete the testing and functions of the task force
established in Laws 2000, chapter 391, after considering
national standards from the Mortgage Industry Standards
Maintenance Organization, the Property Records Industry
Association, or other recognized national groups.
(c) The task force shall submit a report to the legislature
by January 15 of each year during its existence reporting on the
progress toward the goals provided in this subdivision.
Subd. 3. [DONATIONS; REIMBURSEMENT.] The task force may
accept donations of money or resources, including loaned
employees or other services. The donations are appropriated to
the task force and must be under the sole control of the task
force.
Subd. 4. [EXPIRATION.] This section expires June 30, 2008.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 42. Minnesota Statutes 2004, section 507.24,
subdivision 2, is amended to read:
Subd. 2. [ORIGINAL SIGNATURES REQUIRED.] (a) Unless
otherwise provided by law, an instrument affecting real estate
that is to be recorded as provided in this section or other
applicable law must contain the original signatures of the
parties who execute it and of the notary public or other officer
taking an acknowledgment. However, a financing statement that
is recorded as a filing pursuant to section 336.9-502(b) need
not contain: (1) the signatures of the debtor or the secured
party; or (2) an acknowledgment.
(b) Any electronic instruments, including signatures and
seals, affecting real estate may only be recorded as part of a
pilot project for the electronic filing of real estate documents
implemented by the task force created in Laws 2000, chapter
391., or by the Electronic Real Estate Recording Task Force
created under section 507.094. A county that participated in
the pilot project for the electronic filing of real estate
documents under the task force created in Laws 2000, chapter
391, may continue to record or file documents electronically, if:
(1) the county complies with standards adopted by the task
force; and
(2) the county uses software that was validated by the task
force.
A county that did not participate in the pilot project may
record or file a real estate document electronically, if:
(i) the document to be recorded or filed is of a type
included in the pilot project for the electronic filing of real
estate documents under the task force created in Laws 2000,
chapter 391;
(ii) the county complies with the standards adopted by the
task force;
(iii) the county uses software that was validated by the
task force; and
(iv) the task force created under section 507.094, votes to
accept a written certification of compliance with paragraph (b),
clause (2), of this section by the county board and county
recorder of the county to implement electronic filing under this
section.
(c) Notices filed pursuant to section 168A.141,
subdivisions 1 and 3, need not contain an acknowledgment.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 43. Laws 1998, chapter 404, section 15, subdivision
2, as amended by Laws 2005, chapter 20, article 1, section 40,
is amended to read:
Subd. 2. National Sports Center 4,800,000
$1,700,000 is to purchase and develop
land adjacent to the National Sports
Center in Blaine for use as athletic
fields.
$3,100,000 is to develop the National
Children's Golf Course. The primary
purpose of the National Children's Golf
Course is to serve youth of 18 years
and younger. Market rates must be
charged for adult golf.
The Minnesota Amateur Sports Commission
may lease up to 20 percent of the area
of the land purchased with money from
the general fund appropriations in this
subdivision for a term of up to 30
years to one or more governmental or
private entities for any use by the
lessee, whether public or private, so
long as the use provides some benefit
to amateur sports. The commission must
submit proposed leases for the land
described in this subdivision to the
chairs of the legislative committees
with jurisdiction over state government
policy and finance for review at least
30 days before the leases may be
entered into by the commission. Up to
$300,000 of lease payments received by
the commission are each fiscal year is
appropriated to the commission for the
purposes specified in Minnesota
Statutes, chapter 240A. The land
purchased from the general fund
appropriations may be used for any
amateur sport.
[EFFECTIVE DATE.] This section is effective retroactively
on the effective date of Laws 2005, chapter 20, article 1,
section 40.
Sec. 44. [BUILDING LEASE.]
Notwithstanding any provision of Minnesota Statutes,
section 16B.24, or other law or rule to the contrary, the
commissioner of administration may, without approval of the
State Executive Council, enter into a lease of up to ten years
with a private tenant for use of the state-owned building at 168
Aurora Avenue in the city of St. Paul as a child care and
after-school activity facility. If leased to a faith-based
organization, the program may not promote any particular faith
and must operate in a nondiscriminatory manner.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 45. [SALE OF STATE LAND.]
Subdivision 1. [STATE LAND SALES.] The commissioner of
administration shall coordinate with the head of each department
or agency having control of state-owned land to identify and
sell at least $6,440,000 of state-owned land. Sales should be
completed according to law and as provided in this section as
soon as practicable but no later than June 30, 2007.
Notwithstanding Minnesota Statutes, sections 16B.281 and
16B.282, 94.09 and 94.10, or any other law to the contrary, the
commissioner may offer land for public sale by only providing
notice of lands or an offer of sale of lands to state
departments or agencies, the University of Minnesota, cities,
counties, towns, school districts, or other public entities.
Subd. 2. [ANTICIPATED SAVINGS.] Notwithstanding Minnesota
Statutes, section 94.16, subdivision 3, or other law to the
contrary, the amount of the proceeds from the sale of land under
this section that exceeds the actual expenses of selling the
land must be deposited in the general fund, except as otherwise
provided by the commissioner of finance. Notwithstanding
Minnesota Statutes, section 94.11 or 16B.283, the commissioner
of finance may establish the timing of payments for land
purchased under this section. If the total of all money
deposited into the general fund from the proceeds of the sale of
land under this section is anticipated to be less than
$6,440,000, the governor must allocate the amount of the
difference as reductions to general fund operating expenditures
for other executive agencies for the biennium ending June 30,
2007.
Subd. 3. [SALE OF STATE LANDS REVOLVING LOAN
FUND.] $290,000 is appropriated from the general fund in fiscal
year 2006 to the commissioner of administration for purposes of
paying the actual expenses of selling state-owned lands to
achieve the anticipated savings required in this section. From
the gross proceeds of land sales under this section, the
commissioner of administration must cancel the amount of the
appropriation in this subdivision to the general fund by June
30, 2007.
Sec. 46. [FORD BUILDING.]
The Ford Building at 117 University Avenue in St. Paul may
not be demolished during the biennium ending June 30, 2007. By
January 15, 2006, the commissioner of administration, in
consultation with interested legislators, private sector real
estate professionals, historic preservation specialists, and
representatives of the city of St. Paul, neighboring property,
and St. Paul neighborhood associations, must report to the
legislature with recommendations regarding potential means of
preserving and using the Ford Building. The report must include:
(1) availability of potential lessees for the building;
(2) constraints on leasing the building, including the
requirement to pay off any state general obligation bonds
previously used in maintaining or rehabilitating the building;
and
(3) the cost of restoring and rehabilitating the building,
and the feasibility of various means of paying these costs,
including potential use of revenue bonds.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 47. [STATE HEALTH CARE PURCHASING AUTHORITY.]
Subdivision 1. [PURCHASING AUTHORITY CREATED.] By December
15, 2005, the commissioner of employee relations, in
consultation with the commissioners of health, human services,
labor and industry, corrections, commerce, and administration
and the Minnesota Comprehensive Health Association board of
directors, may enter into interagency agreements regarding the
formation of the Minnesota Health Care Purchasing Authority for
the purpose of implementing a unified strategy and joint
purchasing of health care services for the state of Minnesota.
The strategy shall include implementing a process that examines
the health care purchasing decisions and coverage in terms of
cost and medical efficacy based on reliable research evidence to
ensure access to appropriate and necessary health care. By
December 15, 2005, the commissioners shall submit to the
legislature a report and draft legislation for the creation of
the purchasing authority responsible for all state purchasing of
health care.
Subd. 2. [PRINCIPLES OF STATE PURCHASING.] The purchasing
authority shall prepare and submit to the governor and
legislature an annual report and plan for the unified purchasing
of health care services. The plan must:
(1) promote personal choice and responsibility;
(2) encourage and promote better health of patients and
residents of the state;
(3) provide incentives to privately based health plans and
health care delivery systems to improve efficiency and quality;
(4) use community standards and measurement methods for
determining the value of specific health care services based on
quality and performance; and
(5) separate the health care purchasing functions of state
government from those activities relating to regulation and
delivery of services, but require consistent use of uniform
quality and performance standards and methods for purchasing,
regulation, and delivery of health care services.
Subd. 3. [PURCHASING AND COVERAGE GUIDELINES.] The
purchasing authority shall convene a panel of health care policy
experts and health care providers to establish a process to
select evidence-based guidelines based on sound research
evidence and implement an integrated approach using these
guidelines for purchasing decisions and coverage design.
Subd. 4. [PUBLIC AND PRIVATE PURCHASERS.] (a) The
purchasing authority shall prepare and submit to the governor
and legislature by December 15, 2005, a plan for permitting
public employers, including school districts, cities, counties,
and other governmental entities, to purchase a secure benefit
set with the state purchasing authority. The secure benefit set
must include the services described under subdivision 6.
(b) Notwithstanding any laws to the contrary, the
commissioner of employee relations may expand the range of
health coverage options available to purchase under the public
employees insurance program established under Minnesota
Statutes, section 43A.316, including the option to purchase the
secure benefit set as defined under subdivision 6. Under this
option, public employers may purchase health coverage for their
employees through the public employees insurance program
beginning July 1, 2006.
(c) The purchasing authority shall include in the plan
described in paragraph (a) recommendations for:
(1) a process for permitting nursing homes and other
long-term care providers to purchase the secure benefit set with
the assistance of the state health care purchasing authority as
part of a separate risk pool; and
(2) a process for permitting individuals to purchase the
secure benefit set as part of a separate risk pool through the
state health care purchasing authority beginning January 1, 2009.
Subd. 5. [COORDINATION AND COMMON STANDARDS FOR STATE
PURCHASING AND REGULATION.] The purchasing authority, in
consultation with all state agencies, boards, and commissioners
that have responsibility for purchasing or for regulating
individuals and organizations that provide health coverage or
deliver health care services, shall prepare and submit to the
governor and legislature by December 15, 2005, a report and
draft legislation that will:
(1) require all state purchasing and regulatory
requirements to use common standards and measurement methods for
quality and performance; and
(2) provide for the coordination of health care purchasing
strategies and activities administered by the state, including,
but not limited to, the state employees group insurance plan,
the public employees insurance program, purchasing activities
for public and private employers and individuals established
under subdivision 4, and health care programs administered by
the commissioner of human services or the commissioner of health.
Subd. 6. [SECURE BENEFIT SET DEVELOPMENT.] The purchasing
authority, in consultation with a panel of health care policy
experts, shall define a secure benefit set that includes
coverage for preventive health services, as specified in
preventive services guidelines for children and adults developed
by the Institute for Clinical Systems Improvement, prescription
drug coverage, and catastrophic coverage. Nothing in this
section authorizes the purchasing authority to change the
benefits covered by the medical assistance, MinnesotaCare, or
general assistance medical care programs to the extent these
benefits are specified in state or federal law.
Subd. 7. [SPECIAL POPULATIONS.] In developing a plan for
the unified purchasing of health care services and a secure
benefit set, the purchasing authority must take into account the
needs of special populations, including, but not limited to,
persons who are elderly or disabled and persons with chronic
conditions.
Subd. 8. [COST AND QUALITY DISCLOSURE.] The purchasing
authority, in cooperation with organizations representing
consumers, employers, physicians and other health professionals,
hospitals, long-term care facilities, health plan companies,
quality improvement organizations, research and education
institutions, and other appropriate constituencies, shall
identify and contract with a private, nonprofit organization to
serve as a statewide source of comparative information on health
care costs and quality.
Sec. 48. [TRAINING SERVICES.]
During the biennium ending June 30, 2007, state executive
branch agencies must consider using services provided by
Government Training Services before contracting with other
outside vendors for similar services.
Sec. 49. [STUDY OF WATER AND SEWER BILLING.]
The director of the Legislative Coordinating Commission
must provide administrative support to a working group to study
issues relating to collection of delinquent water and sewer
bills from owners, lessees, and occupants of rental property.
The group consists of the following members:
(1) two representatives of cities;
(2) two representatives of residential rental property
owners;
(3) one representative of tenants;
(4) one legislator from the majority caucus of the house of
representatives appointed by the speaker, and one legislator
from the minority caucus of the house appointed by the minority
leader;
(5) one representative of the majority and minority
caucuses of the senate, appointed by the senate subcommittee on
committees; and
(6) one public member appointed by the speaker of the house
of representatives and one public member appointed by the
majority leader of the senate.
Members specified in clauses (1) to (3) must be appointed
jointly by the speaker of the house of representatives and the
majority leader of the senate.
The working group must report findings and recommendations
to the legislature by January 15, 2006. This section expires on
the day following the date the working group submits its report.
Sec. 50. [PORTRAITS.]
The Capitol Area Architectural and Planning Board, in
consultation with the Minnesota Historical Society, must request
the Smithsonian Institution to extend the period during which
the portraits of Julia Finch Gilbert and Cass Gilbert are
displayed in the Capitol building. In negotiating an extension
of the loan period, the board must request that the portraits
remain on display in the Capitol when they are not being
publicly displayed elsewhere, but must recognize that it is
desirable for the portraits to be displayed in other buildings
designed by Cass Gilbert, in conjunction with centennial
celebrations for those buildings.
Sec. 51. [COYA KNUTSON MEMORIAL.]
The commissioner of administration shall establish a
memorial in the Capitol building honoring Coya Knutson. The
commissioner, with the assistance and approval of the Capitol
Area Architectural and Planning Board, shall select an
appropriate site. The commissioner may accept donations from
nonstate sources for the memorial, and this money is
appropriated to the commissioner for purposes of the memorial.
Sec. 52. [REPEALER.]
(a) Minnesota Statutes 2004, sections 3.9222; 16A.151,
subdivision 5; 16A.30; and 16B.52, are repealed.
(b) Minnesota Statutes 2004, section 471.68, subdivision 3,
is repealed effective July 1, 2006.
ARTICLE 3
PUBLIC EMPLOYMENT
Section 1. Minnesota Statutes 2004, section 43A.23,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL.] The commissioner is authorized
to request bids from carriers or to negotiate with carriers and
to enter into contracts with carriers parties which in the
judgment of the commissioner are best qualified to underwrite
and provide service to the benefit plans. Contracts entered
into with carriers are not subject to the requirements of
sections 16C.16 to 16C.19. The commissioner may negotiate
premium rates and coverage provisions with all carriers licensed
under chapters 62A, 62C, and 62D. The commissioner may also
negotiate reasonable restrictions to be applied to all carriers
under chapters 62A, 62C, and 62D. Contracts to underwrite the
benefit plans must be bid or negotiated separately from
contracts to service the benefit plans, which may be awarded
only on the basis of competitive bids. The commissioner shall
consider the cost of the plans, conversion options relating to
the contracts, service capabilities, character, financial
position, and reputation of the carriers, and any other factors
which the commissioner deems appropriate. Each benefit contract
must be for a uniform term of at least one year, but may be made
automatically renewable from term to term in the absence of
notice of termination by either party. The commissioner shall,
to the extent feasible, make hospital and medical benefits
available from at least one carrier licensed to do business
pursuant to each of chapters 62A, 62C, and 62D. The
commissioner need not provide health maintenance organization
services to an employee who resides in an area which is not
served by a licensed health maintenance organization. The
commissioner may refuse to allow a health maintenance
organization to continue as a carrier. The commissioner may
elect not to offer all three types of carriers if there are no
bids or no acceptable bids by that type of carrier or if the
offering of additional carriers would result in substantial
additional administrative costs. A carrier licensed under
chapter 62A is exempt from the taxes imposed by chapter 297I on
premiums paid to it by the state.
All self-insured hospital and medical service products must
comply with coverage mandates, data reporting, and consumer
protection requirements applicable to the licensed carrier
administering the product, had the product been insured,
including chapters 62J, 62M, and 62Q. Any self-insured products
that limit coverage to a network of providers or provide
different levels of coverage between network and nonnetwork
providers shall comply with section 62D.123 and geographic
access standards for health maintenance organizations adopted by
the commissioner of health in rule under chapter 62D.
Sec. 2. [43A.346] [POSTRETIREMENT OPTION.]
Subdivision 1. [DEFINITION.] For purposes of this section,
"state employee" means a person currently occupying a civil
service position in the executive branch of state government,
the Minnesota State Retirement System, or the Office of the
Legislative Auditor, or a person employed by the Metropolitan
Council.
Subd. 2. [ELIGIBILITY.] This section applies to a state or
Metropolitan Council employee who:
(1) for at least the five years immediately preceding
separation under clause (2), has been regularly scheduled to
work 1,044 or more hours per year in a position covered by a
pension plan administered by the Minnesota State Retirement
System or the Public Employees Retirement Association;
(2) terminates state or Metropolitan Council employment;
(3) at the time of termination under clause (2), meets the
age and service requirements necessary to receive an unreduced
retirement annuity from the plan and satisfies requirements for
the commencement of the retirement annuity or, for an employee
under the unclassified employees retirement plan, meets the age
and service requirements necessary to receive an unreduced
retirement annuity from the plan and satisfies requirements for
the commencement of the retirement annuity or elects a lump-sum
payment; and
(4) agrees to accept a postretirement option position with
the same or a different appointing authority, working a reduced
schedule that is both (i) a reduction of at least 25 percent
from the employee's number of regularly scheduled work hours;
and (ii) 1,044 hours or less in state or Metropolitan Council
service.
Subd. 3. [UNCLASSIFIED SERVICE.] Notwithstanding any law
to the contrary, state postretirement option positions shall be
in the unclassified service but shall not be covered by the
Minnesota State Retirement System unclassified employees plan.
Subd. 4. [ANNUITY REDUCTION NOT APPLICABLE.]
Notwithstanding any law to the contrary, when an eligible state
employee in a postretirement option position under this section
commences receipt of the annuity, the provisions of section
352.115, subdivision 10, or 353.37 governing annuities of
reemployed annuitants, shall not apply for the duration of
employment in the position.
Subd. 5. [APPOINTING AUTHORITY DISCRETION.] The appointing
authority has sole discretion to determine if and the extent to
which a postretirement option position under this section is
available to a state employee. Any offer of such a position
must be made in writing to the employee by the appointing
authority on a form prescribed by the Department of Employee
Relations and the Minnesota State Retirement System or the
Public Employees Retirement Association. The appointing
authority may not require a person to waive any rights under a
collective bargaining agreement or unrepresented employee
compensation plan as a condition of participation.
Subd. 6. [DURATION.] Postretirement option employment
shall be for an initial period not to exceed one year. During
that period, the appointing authority may not modify the
conditions specified in the written offer without the employee's
agreement, except as required by law or by the collective
bargaining agreement or compensation plan applicable to the
employee. At the end of the initial period, the appointing
authority has sole discretion to determine if the offer of a
postretirement option position will be renewed, renewed with
modifications, or terminated. Postretirement option employment
may be renewed for periods of up to one year, not to exceed a
total duration of five years. No person shall be employed in
one or a combination of postretirement option positions under
this section for a total of more than five years.
Subd. 7. [COPY TO FUND.] The appointing authority shall
provide the Minnesota State Retirement System or the Public
Employees Retirement Association with a copy of the offer, the
employee's acceptance of the terms, and any subsequent renewal
agreement.
Subd. 8. [NO SERVICE CREDIT.] Notwithstanding any law to
the contrary, a person may not earn service credit in the
Minnesota State Retirement System or the Public Employees
Retirement Association for employment covered under this
section, and employer contributions and payroll deductions for
the retirement fund must not be made based on earnings of a
person working under this section. No change shall be made to a
monthly annuity or retirement allowance based on employment
under this section.
Subd. 9. [INSURANCE CONTRIBUTION.] Notwithstanding any law
to the contrary, the appointing authority must make an employer
insurance contribution for a person who is employed in a
postretirement option position under this section and who is not
receiving any other state-paid or Metropolitan Council-paid
employer insurance contribution. The amount of the contribution
must be equal to the percent time worked in the postretirement
option position (hours scheduled to be worked annually divided
by 2,088) times 1.5 times the full employer contribution for
employee-only health and dental coverage. The appointing
authority must contribute that amount to a health reimbursement
arrangement.
Subd. 10. [SUBSEQUENT EMPLOYMENT.] If a person has been in
a postretirement option position and accepts any other position
in state or Metropolitan Council-paid service, in the subsequent
state or Metropolitan Council-paid employment the person may not
earn service credit in the Minnesota State Retirement System or
Public Employees Retirement Association, no employer
contributions or payroll deductions for the retirement fund
shall be made, and the provisions of section 352.115,
subdivision 10, or section 353.37, shall apply.
Sec. 3. [VOLUNTARY HOUR REDUCTION PLAN.]
(a) This section applies to a state employee who:
(1) on the effective date of this section is regularly
scheduled to work 1,044 or more hours a year in a position
covered by a pension plan administered by the Minnesota state
retirement system; and
(2) enters into an agreement with the appointing authority
to work a reduced schedule of 1,044 hours or less in the covered
position.
(b) Notwithstanding any law to the contrary, for service
under an agreement entered into under paragraph (a),
contributions may be made to the applicable plan of the
Minnesota state retirement system as if the employee had not
reduced hours. The employee must pay the additional employee
contributions and the employer must pay the additional employer
contributions necessary to bring the service credit and salary
up to the level prior to the voluntary reduction in hours.
Contributions must be made in a time and manner prescribed by
the executive director of the Minnesota state retirement system.
(c) The amount of hours worked, the work schedule, and the
duration of the voluntary hour reduction must be mutually agreed
to by the employee and the appointing authority. The appointing
authority may not require a person to waive any rights under a
collective bargaining agreement as a condition of participation
under this section. The appointing authority has sole
discretion to determine if and the extent to which voluntary
hour reduction under this section is available to an employee.
(d) A person who works under this section is a member of
the appropriate bargaining unit; is covered by the appropriate
collective bargaining contract or compensation plan; and is
eligible for health care coverage as provided in the collective
bargaining contract or compensation plan.
(e) An agreement under this section may apply only to work
through June 30, 2007.
Sec. 4. [VOLUNTARY UNPAID LEAVE OF ABSENCE.]
(a) Appointing authorities in state government may allow
each employee to take unpaid leaves of absence for up to 1,040
hours between July 1, 2005, and June 30, 2007. Each appointing
authority approving such a leave shall allow the employee to
continue accruing vacation and sick leave, be eligible for paid
holidays and insurance benefits, accrue seniority, and, if
payments are made under paragraph (b), accrue service credit and
credited salary in the state retirement plans as if the employee
had actually been employed during the time of leave. An
employee covered by the unclassified plan may voluntarily make
the employee contributions to the unclassified plan during the
leave of absence. If the employee makes these contributions,
the appointing authority must make the employer contribution.
If the leave of absence is for one full pay period or longer,
any holiday pay shall be included in the first payroll warrant
after return from the leave of absence. The appointing
authority shall attempt to grant requests for the unpaid leaves
of absence consistent with the need to continue efficient
operation of the agency. However, each appointing authority
shall retain discretion to grant or refuse to grant requests for
leaves of absence and to schedule and cancel leaves, subject to
the applicable provisions of collective bargaining agreements
and compensation plans.
(b) To receive eligible service credit and credited salary
in a defined benefit plan, the member shall pay an amount equal
to the applicable employee contribution rates. If an employee
pays the employee contribution for the period of the leave under
this section, the appointing authority must pay the employer
contribution. The appointing authority may, at its discretion,
pay the employee contributions. Contributions must be made in a
time and manner prescribed by the executive director of the
applicable pension plan.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 5. [LABOR AGREEMENTS AND COMPENSATION PLANS.]
Subdivision 1. [AMERICAN FEDERATION OF STATE, COUNTY, AND
MUNICIPAL EMPLOYEES.] The arbitration award and labor agreement
between the state of Minnesota and the American Federation of
State, County, and Municipal Employees, unit 8, approved by the
Legislative Coordinating Commission Subcommittee on Employee
Relations on June 14, 2004, is ratified.
Subd. 2. [MINNESOTA LAW ENFORCEMENT ASSOCIATION;
ARBITRATION AWARD.] The arbitration award between the state of
Minnesota and the Minnesota Law Enforcement Association,
approved by the Legislative Coordinating Commission Subcommittee
on Employee Relations on June 14, 2004, is ratified.
Subd. 3. [HIGHER EDUCATION SERVICES OFFICE; COMPENSATION
PLAN.] The compensation plan for unrepresented employees of the
Higher Education Services Office, approved by the Legislative
Coordinating Commission Subcommittee on Employee Relations on
June 14, 2004, is ratified.
Subd. 4. [MINNESOTA LAW ENFORCEMENT ASSOCIATION;
BARGAINING AGREEMENT.] The collective bargaining agreement
between the state of Minnesota and the Minnesota Law Enforcement
Association, submitted to the Legislative Coordinating
Commission Subcommittee on Employee Relations on September 29,
2004, and implemented after 30 days on October 30, 2004, is
ratified.
Subd. 5. [INTER FACULTY ORGANIZATION.] The collective
bargaining agreement between the state of Minnesota and the
Inter Faculty Organization, submitted to the Legislative
Coordinating Commission Subcommittee on Employee Relations on
September 29, 2004, and implemented after 30 days on October 29,
2004, is ratified.
Subd. 6. [MINNESOTA NURSES ASSOCIATION.] The arbitration
award and the collective bargaining agreement between the state
of Minnesota and the Minnesota Nurses Association, approved by
the Legislative Coordinating Commission Subcommittee on Employee
Relations on December 20, 2004, is ratified.
Subd. 7. [TEACHERS RETIREMENT ASSOCIATION.] The proposal
to increase the salary of the executive director of the Teachers
Retirement Association, as modified and approved by the
Legislative Coordinating Commission Subcommittee on Employee
Relations on December 20, 2004, is ratified.
Subd. 8. [MINNESOTA STATE RETIREMENT SYSTEM.] The proposal
to increase the salary of the executive director of the
Minnesota State Retirement System, as modified and approved by
the Legislative Coordinating Commission Subcommittee on Employee
Relations on December 20, 2004, is ratified.
Subd. 9. [PUBLIC EMPLOYEES RETIREMENT ASSOCIATION.] The
proposal to increase the salary of the executive director of the
Public Employees Retirement Association, as modified and
approved by the Legislative Coordinating Commission Subcommittee
on Employee Relations on December 20, 2004, is ratified.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
ARTICLE 4
MILITARY AND VETERANS
Section 1. Minnesota Statutes 2004, section 190.16, is
amended by adding a subdivision to read:
Subd. 6a. [RENTAL OF CAMP RIPLEY FACILITIES.] The adjutant
general or the adjutant general's designee may rent buildings or
other facilities at Camp Ripley to persons under terms and
conditions specified by the adjutant general or designee.
Subject to any prohibitions or restrictions in any agreement
between the United States and the state of Minnesota, proceeds
of rentals under this subdivision must be applied as follows:
(1) payment of increased utilities, maintenance, or other
costs directly attributable to the rental;
(2) other operating and maintenance or repair costs for the
building or facility being rented; and
(3) maintenance and improvement of buildings or other
facilities at Camp Ripley.
Rentals under this subdivision must be made under terms and
conditions that do not conflict with the use of Camp Ripley for
military purposes.
Sec. 2. Minnesota Statutes 2004, section 192.19, is
amended to read:
192.19 [RETIRED MEMBERS MAY BE ORDERED TO ACTIVE DUTY.]
The commander-in-chief or the adjutant general may assign
officers, warrant officers, and enlisted personnel on the
retired list, with their consent, to temporary active service in
recruiting, upon courts-martial, courts of inquiry and boards,
to staff duty not involving service with troops, or in charge of
a military reservation left temporarily without officers. Such
personnel while so assigned shall receive the full pay and
allowances of their grades at time of retirement, except that
the commander-in-chief or the adjutant general may authorize pay
and allowances in a higher grade when it is considered
appropriate based on special skills or experience of the person
being assigned to temporary active service.
Sec. 3. Minnesota Statutes 2004, section 192.261,
subdivision 2, is amended to read:
Subd. 2. [REINSTATEMENT.] Except as otherwise hereinafter
provided, upon the completion of such service such officer or
employee shall be reinstated in the public position, which was
held at the time of entry into such service, or a public
position of like seniority, status, and pay if such is available
at the same salary which the officer or employee would have
received if the leave had not been taken, upon the following
conditions: (1) that the position has not been abolished or
that the term thereof, if limited, has not expired; (2) that the
officer or employee is not physically or mentally disabled from
performing the duties of such position; (3) that the officer or
employee makes written application for reinstatement to the
appointing authority within 90 days after termination of such
service, or 90 days after discharge from hospitalization or
medical treatment which immediately follows the termination of,
and results from, such service; provided such application shall
be made within one year and 90 days after termination of such
service notwithstanding such hospitalization or medical
treatment; (4) that the officer or employee submits an honorable
discharge or other form of release by proper authority
indicating that the officer's or employee's military or naval
service was satisfactory. Upon such reinstatement the officer
or employee shall have the same rights with respect to accrued
and future seniority status, efficiency rating, vacation, sick
leave, and other benefits as if that officer or employee had
been actually employed during the time of such leave. The
officer or employee reinstated under this section is entitled to
vacation and sick leave with pay as provided in any applicable
civil service rules, collective bargaining agreement, or
compensation plan, and accumulates vacation and sick leave from
the time the person enters active military service until the
date of reinstatement without regard to any otherwise applicable
limits on civil service rules limiting the number of days which
may be accumulated. No officer or employee so reinstated shall
be removed or discharged within one year thereafter except for
cause, after notice and hearing; but this shall not operate to
extend a term of service limited by law.
[EFFECTIVE DATE.] This section is effective the day
following final enactment and applies to any public officer or
public employee serving in active military service on or after
September 11, 2001.
Sec. 4. Minnesota Statutes 2004, section 192.501,
subdivision 2, is amended to read:
Subd. 2. [TUITION AND TEXTBOOK REIMBURSEMENT GRANT
PROGRAM.] (a) The adjutant general shall establish a program to
provide tuition and textbook reimbursement grants to eligible
members of the Minnesota National Guard within the limitations
of this subdivision.
(b) Eligibility is limited to a member of the National
Guard who:
(1) is serving satisfactorily as defined by the adjutant
general;
(2) is attending a postsecondary educational institution,
as defined by section 136A.15, subdivision 6, including a
vocational or technical school operated or regulated by this
state or another state or province; and
(3) provides proof of satisfactory completion of
coursework, as defined by the adjutant general.
In addition, (c) Notwithstanding paragraph (b), clause (1),
for a person who:
(1) has satisfactorily completed the person's service
contract in the Minnesota National Guard or the portion of it
involving selective reserve status, for which any part of that
service was spent serving honorably in federal active service or
federally funded state active service since September 11, 2001,
the person's eligibility is extended for a period of two years,
plus an amount of time equal to the duration of that person's
active service, subject to the credit hours limit in paragraph
(g); or
(2) has served honorably in the Minnesota National Guard
and has been separated or discharged from that organization due
to a service-connected injury, disease, or disability, the
eligibility period is extended for eight years beyond the date
of separation, subject to the credit hours limit in paragraph
(g).
(d) If a member of the Minnesota National Guard is killed
in the line of state active service or federally funded state
active service, as defined in section 190.05, subdivisions 5a
and 5b, the member's surviving spouse, and any surviving
dependent who has not yet reached 24 years of age, is eligible
for a tuition and textbook reimbursement grant, with each
eligible person independently subject to the credit hours limit
in paragraph (g).
(e) The adjutant general may, within the limitations of
this paragraph paragraphs (b) to (d) and other applicable laws,
determine additional eligibility criteria for the grant, and
must specify the criteria in department regulations and publish
changes as necessary.
(c) (f) The amount of a tuition and textbook reimbursement
grant must be specified on a schedule as determined and
published in department regulations by the adjutant general, but
is limited to a maximum of an amount equal to the greater of:
(1) up to 100 percent of the cost of tuition for lower
division programs in the College of Liberal Arts at the Twin
Cities campus of the University of Minnesota in the most recent
academic year; or
(2) up to 100 percent of the cost of tuition for the
program in which the person is enrolled at that Minnesota public
institution, or if that public institution is outside the state
of Minnesota, for the cost of a comparable program at the
University of Minnesota, except that in the case of a survivor
as defined in paragraph (b) (d), the amount of the tuition and
textbook reimbursement grant for coursework satisfactorily
completed by the person is limited to 100 percent of the cost of
tuition for postsecondary courses at a Minnesota public
educational institution.
Paragraph (g) Paragraphs (b) to (e) notwithstanding, a
person is no longer eligible for a grant under this subdivision
once the person has received grants under this subdivision for
the equivalent of 208 quarter credits or 144 semester credits of
coursework.
(d) (h) Tuition and textbook reimbursement grants received
under this subdivision may not be considered by the Minnesota
Higher Education Services Office or by any other state board,
commission, or entity in determining a person's eligibility for
a scholarship or grant-in-aid under sections 136A.095 to
136A.1311.
(e) (i) If a member fails to complete a term of enlistment
during which a tuition and textbook reimbursement grant was
paid, the adjutant general may seek to recoup a prorated amount
as determined by the adjutant general. However, this authority
does not apply to a person whose separation from the Minnesota
National Guard is due to a medical condition or financial
hardship.
(j) For purposes of this section, the terms "active
service," "state active service," "federally funded state active
service," and "federal active service" have the meanings given
in section 190.05, subdivisions 5 to 5c, respectively, except
that for purposes of paragraph (c), clause (1), these terms
exclude service performed exclusively for purposes of:
(1) basic combat training, advanced individual training,
annual training, and periodic inactive duty training;
(2) special training periodically made available to reserve
members;
(3) service performed in accordance with section 190.08,
subdivision 3; and
(4) service performed as part of the active guard/reserve
program pursuant to United States Code, title 32, section
502(f), or other applicable authority.
[EFFECTIVE DATE.] This section is effective the day
following final enactment and applies to persons who have served
in the Minnesota National Guard at anytime since September 11,
2001, and if the person has died in the line of service, to the
person's surviving spouse and dependents.
Sec. 5. Minnesota Statutes 2004, section 193.29,
subdivision 3, is amended to read:
Subd. 3. [JOINT BOARDS.] In all cases in which more than
one company or other unit of the military forces shall occupy
the same armory, the armory board shall consist of
officers military personnel assigned to the units or
organizations quartered therein. The adjutant general shall
designate by order from time to time the representatives of each
unit quartered therein to comprise the armory board for each
armory. In the discretion of the adjutant general, the
membership of the board may be comprised of officers, warrant
officers, and enlisted personnel and may be changed from time to
time so as to give the several organizations quartered therein
proper representation on the board.
Sec. 6. Minnesota Statutes 2004, section 193.30, is
amended to read:
193.30 [COMMANDING OFFICERS MANAGEMENT OF ARMORY BOARD.]
The senior officer member on each armory board shall be the
chair, and the junior officer member thereof shall be the
recorder. A record of the proceedings of the board shall be
kept, and all motions offered, whether seconded or not, shall be
put to a vote and the result recorded. In the case of a tie
vote the adjutant general, upon the request of any member, shall
decide. The governor may make and alter rules for the
government of armory boards, officers, and other persons having
charge of armories, arsenals, or other military property of the
state.
Sec. 7. Minnesota Statutes 2004, section 193.31, is
amended to read:
193.31 [SENIOR OFFICER TO CONTROL OF DRILL HALL.]
The senior officer member of any company or other
organization assembling at an armory for drill or instruction
shall have control of the drill hall or other portion of the
premises used therefor during such occupancy, subject to the
rules prescribed for its use and the orders of that officer's
member's superior. Any person who intrudes contrary to orders,
or who interrupts, molests, or insults any troops so assembled,
or who refuses to leave the premises when properly requested so
to do, shall be guilty of a misdemeanor. Nothing in this
section shall prevent reasonable inspection of the premises by
the proper municipal officer, or by the lessor thereof in
accordance with the terms of the lease.
Sec. 8. Minnesota Statutes 2004, section 197.608,
subdivision 5, is amended to read:
Subd. 5. [QUALIFYING USES.] The commissioner shall consult
with the Minnesota Association of County Veterans Service
Officers in developing a list of qualifying uses for grants
awarded under this program. The commissioner is authorized to
use any unexpended funding for this program to provide training
and education for county veterans service officers.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 9. Minnesota Statutes 2004, section 471.975, is
amended to read:
471.975 [MAY PAY DIFFERENTIAL OF RESERVE ON ACTIVE DUTY.]
(a) Except as provided in paragraph (b), a statutory or
home rule charter city, county, town, or other political
subdivision may pay to each eligible member of the National
Guard or other reserve component of the armed forces of the
United States an amount equal to the difference between the
member's basic active duty military salary and the salary the
member would be paid as an active political subdivision
employee, including any adjustments the member would have
received if not on leave of absence. This payment may be made
only to a person whose basic active duty military salary is less
than the salary the person would be paid as an active political
subdivision employee. Back pay authorized by this section may
be paid in a lump sum. Payment under this section must not
extend beyond four years from the date the employee reported for
active service, plus any additional time the employee may be
legally required to serve.
(b) Subject to the limits under paragraph (g), each school
district shall pay to each eligible member of the National Guard
or other reserve component of the armed forces of the United
States an amount equal to the difference between the member's
basic active duty military salary and the salary the member
would be paid as an active school district employee, including
any adjustments the member would have received if not on leave
of absence. The pay differential must be based on a comparison
between the member's daily rate of active duty pay, calculated
by dividing the member's military monthly salary by the number
of paid days in the month, and the member's daily rate of pay
for the member's school district salary, calculated by dividing
the member's total school district salary by the number of
contract days. The member's salary as a school district
employee must include the member's basic salary and any
additional salary the member earns from the school district for
cocurricular activities. The differential payment under this
paragraph must be the difference between the daily rates of
military pay times the number of school district contract days
the member misses because of military active duty. This payment
may be made only to a person whose basic active duty military
salary is less than the salary the person would be paid as an
active school district employee. Payments may be made at the
intervals at which the member received pay as a school district
employee. Payment under this section must not extend beyond
four years from the date the employee reported for active
service, plus any additional time the employee may be legally
required to serve.
(c) An eligible member of the reserve components of the
armed forces of the United States is a reservist or National
Guard member who was an employee of a political subdivision at
the time the member reported for active service on or after May
29, 2003, or who is on active service on May 29, 2003.
(d) Notwithstanding other obligations under law and Except
as provided in paragraph (e) and elsewhere in Minnesota
Statutes, a statutory or home rule charter city, county, town,
or other political subdivision has total discretion regarding
employee benefit continuation for a member who reports for
active service and the terms and conditions of any benefit.
(e) A school district must continue the employee's
enrollment in health and dental coverage, and the employer
contribution toward that coverage, until the employee is covered
by health and dental coverage provided by the armed forces. If
the employee had elected dependent coverage for health or dental
coverage as of the time that the employee reported for active
service, a school district must offer the employee the option to
continue the dependent coverage at the employee's own expense.
A school district must permit the employee to continue
participating in any pretax account in which the employee
participated when the employee reported for active service, to
the extent of employee pay available for that purpose.
(f) For purposes of this section, "active service" has the
meaning given in section 190.05, subdivision 5, but excludes
service performed exclusively for purposes of:
(1) basic combat training, advanced individual training,
annual training, and periodic inactive duty training;
(2) special training periodically made available to reserve
members; and
(3) service performed in accordance with section 190.08,
subdivision 3.
(g) A school district making payments under paragraph (b)
shall place a sum equal to any difference between the amount of
salary that would have been paid to the employee who is
receiving the payments and the amount of salary being paid to
substitutes for that employee into a special fund that must be
used to pay or partially pay the deployed employee's payments
under paragraph (b). A school district is required to pay only
this amount to the deployed school district employee.
[EFFECTIVE DATE.] This section is effective the day
following final enactment and applies to any public officer or
public employee serving in active military service on or after
September 11, 2001.
Sec. 10. Laws 2000, chapter 461, article 4, section 4, as
amended by Laws 2003, First Special Session chapter 12, article
6, section 3, and Laws 2004, chapter 267, article 17, section 7,
is amended to read:
Sec. 4. [EFFECTIVE DATE; SUNSET REPEALER.]
(a) Sections 1, 2, and 3 are effective on the day following
final enactment.
(b) Sections 1, 2, and 3, are repealed on May 16, 2006 2007.
Sec. 11. [PLAQUE HONORING VETERANS OF THE PERSIAN GULF
WAR.]
A memorial plaque may be placed in the court of honor on
the capitol grounds to recognize the valiant service to our
nation by the thousands of brave men and women who served
honorably as members of the United States Armed Forces during
the Persian Gulf War. The plaque must be furnished by a person
or organization other than the Department of Veterans Affairs
and must be approved by the commissioner of veterans affairs and
the Capitol Area Architectural and Planning Board.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 12. [REPEALER.]
Minnesota Statutes 2004, sections 43A.11, subdivision 2;
and 197.455, subdivision 3, are repealed.
ARTICLE 5
OFFICE OF ENTERPRISE TECHNOLOGY
Section 1. Minnesota Statutes 2004, section 10A.01,
subdivision 35, is amended to read:
Subd. 35. [PUBLIC OFFICIAL.] "Public official" means any:
(1) member of the legislature;
(2) individual employed by the legislature as secretary of
the senate, legislative auditor, chief clerk of the house,
revisor of statutes, or researcher, legislative analyst, or
attorney in the Office of Senate Counsel and Research or House
Research;
(3) constitutional officer in the executive branch and the
officer's chief administrative deputy;
(4) solicitor general or deputy, assistant, or special
assistant attorney general;
(5) commissioner, deputy commissioner, or assistant
commissioner of any state department or agency as listed in
section 15.01 or 15.06, or the state chief information officer;
(6) member, chief administrative officer, or deputy chief
administrative officer of a state board or commission that has
either the power to adopt, amend, or repeal rules under chapter
14, or the power to adjudicate contested cases or appeals under
chapter 14;
(7) individual employed in the executive branch who is
authorized to adopt, amend, or repeal rules under chapter 14 or
adjudicate contested cases under chapter 14;
(8) executive director of the State Board of Investment;
(9) deputy of any official listed in clauses (7) and (8);
(10) judge of the Workers' Compensation Court of Appeals;
(11) administrative law judge or compensation judge in the
State Office of Administrative Hearings or referee in the
Department of Employment and Economic Development;
(12) member, regional administrator, division director,
general counsel, or operations manager of the metropolitan
council;
(13) member or chief administrator of a metropolitan
agency;
(14) director of the Division of Alcohol and Gambling
Enforcement in the Department of Public Safety;
(15) member or executive director of the Higher Education
Facilities Authority;
(16) member of the board of directors or president of
Minnesota Technology, Inc.; or
(17) member of the board of directors or executive director
of the Minnesota State High School League.
Sec. 2. Minnesota Statutes 2004, section 15.06, is amended
by adding a subdivision to read:
Subd. 1a. [APPLICATION TO OFFICE OF ENTERPRISE
TECHNOLOGY.] For the purposes of this section, references to
"commissioner" include the chief information officer of the
Office of Enterprise Technology.
Sec. 3. Minnesota Statutes 2004, section 16B.04,
subdivision 2, is amended to read:
Subd. 2. [POWERS AND DUTIES, GENERAL.] Subject to other
provisions of this chapter, the commissioner is authorized to:
(1) supervise, control, review, and approve all state
contracts and purchasing;
(2) provide agencies with supplies and equipment and
operate all central store or supply rooms serving more than one
agency;
(3) approve all computer plans and contracts, and oversee
the state's data processing system;
(4) investigate and study the management and organization
of agencies, and reorganize them when necessary to ensure their
effective and efficient operation;
(5) (4) manage and control state property, real and
personal;
(6) (5) maintain and operate all state buildings, as
described in section 16B.24, subdivision 1;
(7) (6) supervise, control, review, and approve all capital
improvements to state buildings and the capitol building and
grounds;
(8) (7) provide central duplicating, printing, and mail
facilities;
(9) (8) oversee publication of official documents and
provide for their sale;
(10) (9) manage and operate parking facilities for state
employees and a central motor pool for travel on state business;
(11) (10) establish and administer a State Building Code;
and
(12) (11) provide rental space within the capitol complex
for a private day care center for children of state employees.
The commissioner shall contract for services as provided in this
chapter. The commissioner shall report back to the legislature
by October 1, 1984, with the recommendation to implement the
private day care operation.
Sec. 4. Minnesota Statutes 2004, section 16B.48,
subdivision 4, is amended to read:
Subd. 4. [REIMBURSEMENTS.] Except as specifically provided
otherwise by law, each agency shall reimburse intertechnologies
and the general services revolving funds for the cost of all
services, supplies, materials, labor, and depreciation of
equipment, including reasonable overhead costs, which the
commissioner is authorized and directed to furnish an agency.
The cost of all publications or other materials produced by the
commissioner and financed from the general services revolving
fund must include reasonable overhead costs. The commissioner
of administration shall report the rates to be charged for each
the general services revolving fund funds no later than July 1
each year to the chair of the committee or division in the
senate and house of representatives with primary jurisdiction
over the budget of the Department of Administration. The
commissioner of finance shall make appropriate transfers to the
revolving funds described in this section when requested by the
commissioner of administration. The commissioner of
administration may make allotments, encumbrances, and, with the
approval of the commissioner of finance, disbursements in
anticipation of such transfers. In addition, the commissioner
of administration, with the approval of the commissioner of
finance, may require an agency to make advance payments to the
revolving funds in this section sufficient to cover the agency's
estimated obligation for a period of at least 60 days. All
reimbursements and other money received by the commissioner of
administration under this section must be deposited in the
appropriate revolving fund. Any earnings remaining in the fund
established to account for the documents service prescribed by
section 16B.51 at the end of each fiscal year not otherwise
needed for present or future operations, as determined by the
commissioners of administration and finance, must be transferred
to the general fund.
Sec. 5. Minnesota Statutes 2004, section 16B.48,
subdivision 5, is amended to read:
Subd. 5. [LIQUIDATION.] If the intertechnologies or
general services revolving fund is funds are abolished or
liquidated, the total net profit from the operation of each fund
must be distributed to the various funds from which purchases
were made. The amount to be distributed to each fund must bear
to the net profit the same ratio as the total purchases from
each fund bears to the total purchases from all the funds during
the same period of time.
Sec. 6. Minnesota Statutes 2004, section 16E.01,
subdivision 1, is amended to read:
Subdivision 1. [PURPOSE CREATION; CHIEF INFORMATION
OFFICER.] The Office of Enterprise Technology, referred to in
this chapter as the "office," is under the supervision of the
commissioner of administration an agency in the executive branch
headed by the state chief information officer. The appointment
of the chief information officer is subject to the advice and
consent of the senate under section 15.066.
Subd. 1a. [RESPONSIBILITIES.] The office shall
provide oversight, leadership, and direction for information and
communications telecommunications technology policy and the
management, delivery, and security of information and
telecommunications technology systems and services in
Minnesota. The office shall coordinate manage strategic
investments in information and communications telecommunications
technology systems and services to encourage the development of
a technically literate society and, to ensure sufficient access
to and efficient delivery of government services, and to
maximize benefits for the state government as an enterprise.
Sec. 7. Minnesota Statutes 2004, section 16E.01,
subdivision 3, is amended to read:
Subd. 3. [DUTIES.] (a) The office shall:
(1) coordinate manage the efficient and effective use of
available federal, state, local, and private public-private
resources to develop statewide information and communications
telecommunications technology systems and services and its
infrastructure;
(2) review approve state agency and intergovernmental
information and communications telecommunications technology
systems and services development efforts involving state or
intergovernmental funding, including federal funding, provide
information to the legislature regarding projects reviewed, and
recommend projects for inclusion in the governor's budget under
section 16A.11;
(3) encourage ensure cooperation and collaboration among
state and local governments in developing intergovernmental
communication and information and telecommunications technology
systems and services, and define the structure and
responsibilities of the Information Policy Council a
representative governance structure;
(4) cooperate and collaborate with the legislative and
judicial branches in the development of information and
communications systems in those branches;
(5) continue the development of North Star, the state's
official comprehensive on-line service and information
initiative;
(6) promote and collaborate with the state's agencies in
the state's transition to an effectively competitive
telecommunications market;
(7) collaborate with entities carrying out education and
lifelong learning initiatives to assist Minnesotans in
developing technical literacy and obtaining access to ongoing
learning resources;
(8) promote and coordinate public information access and
network initiatives, consistent with chapter 13, to connect
Minnesota's citizens and communities to each other, to their
governments, and to the world;
(9) promote and coordinate electronic commerce initiatives
to ensure that Minnesota businesses and citizens can
successfully compete in the global economy;
(10) manage and promote and coordinate the regular and
periodic reinvestment in the core information and communications
telecommunications technology systems and services
infrastructure so that state and local government agencies can
effectively and efficiently serve their customers;
(11) facilitate the cooperative development of and ensure
compliance with standards and policies for information and
telecommunications technology systems and services, electronic
data practices and privacy, and electronic commerce among
international, national, state, and local public and private
organizations; and
(12) work with others to avoid eliminate unnecessary
duplication of existing information and telecommunications
technology systems and services provided by other public and
private organizations while building on the existing
governmental, educational, business, health care, and economic
development infrastructures;
(13) identify, sponsor, develop, and execute shared
information and telecommunications technology projects and
ongoing operations; and
(14) ensure overall security of the state's information and
technology systems and services.
(b) The commissioner of administration chief information
officer in consultation with the commissioner of finance may
must determine that when it is cost-effective for agencies to
develop and use shared information and communications
telecommunications technology systems and services for the
delivery of electronic government services. This determination
may be made if an agency proposes a new system that duplicates
an existing system, a system in development, or a system being
proposed by another agency. The commissioner of
administration chief information officer may require agencies to
use shared information and telecommunications technology systems
and services. The chief information officer shall establish
reimbursement rates in cooperation with the commissioner of
finance to be billed to agencies and other governmental entities
sufficient to cover the actual development, operating,
maintenance, and administrative costs of the shared systems.
The methodology for billing may include the use of interagency
agreements, or other means as allowed by law.
Sec. 8. Minnesota Statutes 2004, section 16E.02, is
amended to read:
16E.02 [OFFICE OF ENTERPRISE TECHNOLOGY; STRUCTURE AND
PERSONNEL.]
Subdivision 1. [OFFICE MANAGEMENT AND STRUCTURE.] (a) The
commissioner of administration 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 communications
telecommunications technology systems and services and
individuals with specialized training in information security.
Subd. 1a. [ACCOUNTABILITY.] The chief information officer
reports to the governor. The chief information officer must
consult regularly with the commissioners of administration,
finance, human services, revenue, and other commissioners as
designated by the governor, on technology projects, standards,
and services as well as management of resources and staff
utilization.
Subd. 2. [INTERGOVERNMENTAL PARTICIPATION.] The
commissioner of administration chief information officer or the
commissioner's chief information officer's designee shall serve
as a member of the Minnesota Education Telecommunications
Council, the Geographic Information Systems Council, and the
Library Planning Task Force, or their respective successor
organizations, and as a nonvoting member of Minnesota
Technology, Inc. and the Minnesota Health Data Institute as a
nonvoting member.
Subd. 3. [ADMINISTRATIVE SUPPORT.] The commissioner of
administration must provide office space and administrative
support services to the office. The office must reimburse the
commissioner for these services.
Sec. 9. Minnesota Statutes 2004, section 16E.03,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] For the purposes of sections
16E.03 to 16E.05 chapter 16E, the following terms have the
meanings given them.
(a) "Information and telecommunications technology systems
and services" means all computing and telecommunications
hardware and software, the activities undertaken to secure that
hardware and software, and the activities undertaken to acquire,
transport, process, analyze, store, and disseminate information
electronically. "Information and telecommunications technology
systems and services" includes all proposed expenditures for
computing and telecommunications hardware and software, security
for that hardware and software, and related consulting or other
professional services.
(a) (b) "Information and communications telecommunications
technology project" means the development or acquisition of
information and communications technology devices and systems,
but does not include the state information infrastructure or its
contractors.
(b) "Data processing device or system" means equipment or
computer programs, including computer hardware, firmware,
software, and communication protocols, used in connection with
the processing of information through electronic data processing
means, and includes data communication devices used in
connection with computer facilities for the transmission of data.
an effort to acquire or produce information and
telecommunications technology systems and services.
(c) "Telecommunications" means voice, video, and data
electronic transmissions transported by wire, wireless,
fiber-optic, radio, or other available transport technology.
(d) "Cyber security" means the protection of data and
systems in networks connected to the Internet.
(c) (e) "State agency" means an agency in the executive
branch of state government and includes the Minnesota Higher
Education Services Office, but does not include the Minnesota
State Colleges and Universities unless specifically provided
elsewhere in this chapter.
Sec. 10. Minnesota Statutes 2004, section 16E.03,
subdivision 2, is amended to read:
Subd. 2. [COMMISSIONER'S CHIEF INFORMATION OFFICER
RESPONSIBILITY.] The commissioner chief information officer
shall coordinate the state's information and communications
telecommunications technology systems and services to serve the
needs of the state government. The commissioner chief
information officer shall:
(1) coordinate the design of a master plan for information
and communications telecommunications technology systems and
services in the state and its political subdivisions and shall
report on the plan to the governor and legislature at the
beginning of each regular session;
(2) coordinate, review, and approve all information and
communications telecommunications technology plans and contracts
projects and oversee the state's information and communications
telecommunications technology systems and services;
(3) establish and enforce compliance with standards for
information and communications telecommunications technology
systems and services that encourage competition are
cost-effective and support open systems environments and that
are compatible with state, national, and international
standards; and
(4) maintain a library of systems and programs developed by
the state and its political subdivisions for use by agencies of
government;
(5) direct and manage the shared operations of the state's
information and telecommunications technology systems and
services; and
(6) establish and enforce standards and ensure acquisition
of hardware and software necessary to protect data and systems
in state agency networks connected to the Internet.
Sec. 11. Minnesota Statutes 2004, section 16E.03,
subdivision 3, is amended to read:
Subd. 3. [EVALUATION AND APPROVAL.] A state agency may not
undertake an information and communications telecommunications
technology project until it has been evaluated according to the
procedures developed under subdivision 4. The governor or
governor's designee chief information officer shall give written
approval of the proposed project. If the proposed project is
not approved When notified by the chief information officer that
a project has not been approved, the commissioner of finance
shall cancel the unencumbered balance of any appropriation
allotted for the project. This subdivision does not apply to
acquisitions or development of information and communications
systems that have anticipated total cost of less than $100,000.
The Minnesota State Colleges and Universities shall submit for
approval any project related to acquisitions or development of
information and communications systems that has a total
anticipated cost of more than $250,000.
Sec. 12. Minnesota Statutes 2004, section 16E.03,
subdivision 7, is amended to read:
Subd. 7. [DATA CYBER SECURITY SYSTEMS.] In consultation
with the attorney general and appropriate agency heads, the
commissioner chief information officer shall develop data cyber
security policies, guidelines, and standards, and the
commissioner of administration shall install and administer
state data security systems on the state's centralized computer
facility facilities consistent with these policies, guidelines,
standards, and state law to ensure the integrity of
computer-based and other data and to ensure applicable
limitations on access to data, consistent with the public's
right to know as defined in chapter 13. The chief information
officer is responsible for overall security of state agency
networks connected to the Internet. Each department or agency
head is responsible for the security of the department's or
agency's data within the guidelines of established enterprise
policy.
Sec. 13. Minnesota Statutes 2004, section 16E.04, is
amended to read:
16E.04 [INFORMATION AND COMMUNICATIONS TELECOMMUNICATIONS
TECHNOLOGY POLICY.]
Subdivision 1. [DEVELOPMENT.] The office shall coordinate
with state agencies in developing and establishing develop,
establish, and enforce policies and standards for state agencies
to follow in developing and purchasing information and
communications telecommunications technology systems and
services and training appropriate persons in their use. The
office shall develop, promote, and coordinate manage state
technology, architecture, standards and guidelines, information
needs analysis techniques, contracts for the purchase of
equipment and services, and training of state agency personnel
on these issues.
Subd. 2. [RESPONSIBILITIES.] (a) In addition to other
activities prescribed by law, the office shall carry out the
duties set out in this subdivision.
(b) The office shall develop and establish a state
information architecture to ensure that further state agency
development and purchase of information and communications
systems, equipment, and services is designed to ensure that
individual agency information systems complement and do not
needlessly duplicate or conflict with the systems of other
agencies. When state agencies have need for the same or similar
public data, the commissioner chief information officer, in
coordination with the affected agencies, shall promote 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.
(d) The office shall review and approve agency requests for
legislative appropriations 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 that the equipment is consistent with the
information management principles adopted by the Information
Policy Council;
(3) evaluate whether the agency's proposed purchase
reflects a cost-effective policy regarding volume purchasing;
and
(4) (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 provide advice and assistance to
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.
Subd. 3. [RISK ASSESSMENT AND MITIGATION.] (a) A risk
assessment and risk mitigation plan are required for an all
information systems development project estimated to cost more
than $1,000,000 that is projects undertaken by a state agency in
the executive or judicial branch or by a constitutional officer.
The commissioner of administration chief information officer
must contract with an entity outside of state government to
conduct the initial assessment and prepare the mitigation plan
for a project estimated to cost more than $5,000,000. The
outside entity conducting the risk assessment and preparing the
mitigation plan must not have any other direct or indirect
financial interest in the project. The risk assessment and risk
mitigation plan must provide for periodic monitoring by the
commissioner until the project is completed.
(b) The risk assessment and risk mitigation plan must be
paid for with money appropriated for the information systems
development and telecommunications technology project. The
chief information officer must notify the commissioner of
finance when work has begun on a project and must identify the
proposed budget for the project. The commissioner of finance
shall ensure that no more than ten percent of the amount
anticipated to proposed budget be spent on the project, other
than the money spent on the risk assessment and risk mitigation
plan, may be is spent until the risk assessment and mitigation
plan are reported to the commissioner of administration chief
information officer and the commissioner chief information
officer has approved the risk mitigation plan.
Sec. 14. Minnesota Statutes 2004, section 16E.0465,
subdivision 1, is amended to read:
Subdivision 1. [APPLICATION.] This section applies to an
appropriation of more than $1,000,000 of state or federal funds
to a state agency for any information and communications
telecommunications technology project or data processing device
or system or for any phase of such a project, device, or
system. For purposes of this section, an appropriation of state
or federal funds to a state agency includes an appropriation:
(1) to the Minnesota State Colleges and Universities;
(2) to a constitutional officer;
(3) (2) for a project that includes both a state agency and
units of local government; and
(4) (3) to a state agency for grants to be made to other
entities.
Sec. 15. Minnesota Statutes 2004, section 16E.0465,
subdivision 2, is amended to read:
Subd. 2. [REQUIRED REVIEW AND APPROVAL.] (a) A state
agency receiving an appropriation for an information and
communications telecommunications technology project or data
processing device or system subject to this section must divide
the project into phases.
(b) The commissioner of finance may not authorize the
encumbrance or expenditure of an appropriation of state funds to
a state agency for any phase of a project, device, or system
subject to this section unless the Office of Enterprise
Technology has reviewed each phase of the project, device, or
system, and based on this review, the commissioner of
administration chief information officer has determined for each
phase that:
(1) the project is compatible with the state information
architecture and other policies and standards established by the
commissioner of administration chief information officer; and
(2) the agency is able to accomplish the goals of the phase
of the project with the funds appropriated; and
(3) the project supports the enterprise information
technology strategy.
Sec. 16. Minnesota Statutes 2004, section 16E.055, is
amended to read:
16E.055 [COMMON WEB FORMAT ELECTRONIC GOVERNMENT SERVICES.]
A state agency that implements electronic government
services for fees, licenses, sales, or other purposes must use a
common Web page format approved by the commissioner of
administration for those electronic government services. The
commissioner may create a the single entry site created by the
chief information officer for all agencies to use for electronic
government services.
Sec. 17. Minnesota Statutes 2004, section 16E.07,
subdivision 8, is amended to read:
Subd. 8. [SECURE TRANSACTION SYSTEM.] The office shall
plan and develop a secure transaction system to support delivery
of government services electronically. A state agency that
implements electronic government services for fees, licenses,
sales, or other purposes must use the secure transaction system
developed in accordance with this section.
Sec. 18. [16E.14] [ENTERPRISE TECHNOLOGY REVOLVING FUND.]
Subdivision 1. [CREATION.] The enterprise technology
revolving fund is created in the state treasury.
Subd. 2. [APPROPRIATION AND USES OF FUND.] Money in the
enterprise technology revolving fund is appropriated annually to
the chief information officer to operate information and
telecommunications services, including management, consultation,
and design services.
Subd. 3. [REIMBURSEMENTS.] Except as specifically provided
otherwise by law, each agency shall reimburse the enterprise
technology revolving fund for the cost of all services,
supplies, materials, labor, and depreciation of equipment,
including reasonable overhead costs, which the chief information
officer is authorized and directed to furnish an agency. The
chief information officer shall report the rates to be charged
for the revolving fund no later than July 1 each year to the
chair of the committee or division in the senate and house of
representatives with primary jurisdiction over the budget of the
Office of Enterprise Technology.
Subd. 4. [CASH FLOW.] The commissioner of finance shall
make appropriate transfers to the revolving fund when requested
by the chief information officer. The chief information officer
may make allotments and encumbrances in anticipation of such
transfers. In addition, the chief information officer, with the
approval of the commissioner of finance, may require an agency
to make advance payments to the revolving fund sufficient to
cover the office's estimated obligation for a period of at least
60 days. All reimbursements and other money received by the
chief information officer under this section must be deposited
in the enterprise technology revolving fund.
Subd. 5. [LIQUIDATION.] If the enterprise technology
revolving fund is abolished or liquidated, the total net profit
from the operation of the fund must be distributed to the
various funds from which purchases were made. The amount to be
distributed to each fund must bear to the net profit the same
ratio as the total purchases from each fund bears to the total
purchases from all the funds during the same period of time.
Sec. 19. Minnesota Statutes 2004, section 299C.65,
subdivision 1, is amended to read:
Subdivision 1. [MEMBERSHIP, DUTIES.] (a) The Criminal and
Juvenile Justice Information Policy Group consists of the
commissioner of corrections, the commissioner of public safety,
the commissioner of administration state chief information
officer, the commissioner of finance, and four members of the
judicial branch appointed by the chief justice of the Supreme
Court. The policy group may appoint additional, nonvoting
members as necessary from time to time.
(b) The commissioner of public safety is designated as the
chair of the policy group. The commissioner and the policy
group have overall responsibility for the successful completion
of statewide criminal justice information system integration
(CriMNet). The policy group may hire a program manager to
manage the CriMNet projects and to be responsible for the
day-to-day operations of CriMNet. The policy group must ensure
that generally accepted project management techniques are
utilized for each CriMNet project, including:
(1) clear sponsorship;
(2) scope management;
(3) project planning, control, and execution;
(4) continuous risk assessment and mitigation;
(5) cost management;
(6) quality management reviews;
(7) communications management; and
(8) proven methodology.
(c) Products and services for CriMNet project management,
system design, implementation, and application hosting must be
acquired using an appropriate procurement process, which
includes:
(1) a determination of required products and services;
(2) a request for proposal development and identification
of potential sources;
(3) competitive bid solicitation, evaluation, and
selection; and
(4) contract administration and close-out.
(d) The policy group shall study and make recommendations
to the governor, the Supreme Court, and the legislature on:
(1) a framework for integrated criminal justice information
systems, including the development and maintenance of a
community data model for state, county, and local criminal
justice information;
(2) the responsibilities of each entity within the criminal
and juvenile justice systems concerning the collection,
maintenance, dissemination, and sharing of criminal justice
information with one another;
(3) actions necessary to ensure that information maintained
in the criminal justice information systems is accurate and
up-to-date;
(4) the development of an information system containing
criminal justice information on gross misdemeanor-level and
felony-level juvenile offenders that is part of the integrated
criminal justice information system framework;
(5) the development of an information system containing
criminal justice information on misdemeanor arrests,
prosecutions, and convictions that is part of the integrated
criminal justice information system framework;
(6) comprehensive training programs and requirements for
all individuals in criminal justice agencies to ensure the
quality and accuracy of information in those systems;
(7) continuing education requirements for individuals in
criminal justice agencies who are responsible for the
collection, maintenance, dissemination, and sharing of criminal
justice data;
(8) a periodic audit process to ensure the quality and
accuracy of information contained in the criminal justice
information systems;
(9) the equipment, training, and funding needs of the state
and local agencies that participate in the criminal justice
information systems;
(10) the impact of integrated criminal justice information
systems on individual privacy rights;
(11) the impact of proposed legislation on the criminal
justice system, including any fiscal impact, need for training,
changes in information systems, and changes in processes;
(12) the collection of data on race and ethnicity in
criminal justice information systems;
(13) the development of a tracking system for domestic
abuse orders for protection;
(14) processes for expungement, correction of inaccurate
records, destruction of records, and other matters relating to
the privacy interests of individuals; and
(15) the development of a database for extended
jurisdiction juvenile records and whether the records should be
public or private and how long they should be retained.
Sec. 20. Minnesota Statutes 2004, section 299C.65,
subdivision 2, is amended to read:
Subd. 2. [REPORT, TASK FORCE.] (a) The policy group shall
file an annual report with the governor, Supreme Court, and
chairs and ranking minority members of the senate and house
committees and divisions with jurisdiction over criminal justice
funding and policy by December 1 of each year.
(b) The report must make recommendations concerning any
legislative changes or appropriations that are needed to ensure
that the criminal justice information systems operate accurately
and efficiently. To assist them in developing their
recommendations, the policy group shall appoint a task force
consisting of its members or their designees and the following
additional members:
(1) the director of the Office of Strategic and Long-Range
Planning;
(2) two sheriffs recommended by the Minnesota Sheriffs
Association;
(3) two police chiefs recommended by the Minnesota Chiefs
of Police Association;
(4) two county attorneys recommended by the Minnesota
County Attorneys Association;
(5) two city attorneys recommended by the Minnesota League
of Cities;
(6) two public defenders appointed by the Board of Public
Defense;
(7) two district judges appointed by the Conference of
Chief Judges, one of whom is currently assigned to the juvenile
court;
(8) two community corrections administrators recommended by
the Minnesota Association of Counties, one of whom represents a
community corrections act county;
(9) two probation officers;
(10) four public members, one of whom has been a victim of
crime, and two who are representatives of the private business
community who have expertise in integrated information systems;
(11) two court administrators;
(12) one member of the house of representatives appointed
by the speaker of the house;
(13) one member of the senate appointed by the majority
leader;
(14) the attorney general or a designee;
(15) the commissioner of administration state chief
information officer or a designee;
(16) an individual recommended by the Minnesota League of
Cities; and
(17) an individual recommended by the Minnesota Association
of Counties.
In making these appointments, the appointing authority shall
select members with expertise in integrated data systems or best
practices.
(c) The commissioner of public safety may appoint
additional, nonvoting members to the task force as necessary
from time to time.
Sec. 21. Minnesota Statutes 2004, section 403.36,
subdivision 1, is amended to read:
Subdivision 1. [MEMBERSHIP.] (a) The commissioner of
public safety shall convene and chair the Statewide Radio Board
to develop a project plan for a statewide, shared, trunked
public safety radio communication system. The system may be
referred to as "Allied Radio Matrix for Emergency Response," or
"ARMER."
(b) The board consists of the following members or their
designees:
(1) the commissioner of public safety;
(2) the commissioner of transportation;
(3) the commissioner of administration state chief
information officer;
(4) the commissioner of natural resources;
(5) the chief of the Minnesota State Patrol;
(6) the commissioner of health;
(7) the commissioner of finance;
(8) two elected city officials, one from the nine-county
metropolitan area and one from Greater Minnesota, appointed by
the governing body of the League of Minnesota Cities;
(9) two elected county officials, one from the nine-county
metropolitan area and one from Greater Minnesota, appointed by
the governing body of the Association of Minnesota Counties;
(10) two sheriffs, one from the nine-county metropolitan
area and one from Greater Minnesota, appointed by the governing
body of the Minnesota Sheriffs' Association;
(11) two chiefs of police, one from the nine-county
metropolitan area and one from Greater Minnesota, appointed by
the governor after considering recommendations made by the
Minnesota Chiefs' of Police Association;
(12) two fire chiefs, one from the nine-county metropolitan
area and one from Greater Minnesota, appointed by the governor
after considering recommendations made by the Minnesota Fire
Chiefs' Association;
(13) two representatives of emergency medical service
providers, one from the nine-county metropolitan area and one
from Greater Minnesota, appointed by the governor after
considering recommendations made by the Minnesota Ambulance
Association;
(14) the chair of the Metropolitan Radio Board; and
(15) a representative of Greater Minnesota elected by those
units of government in phase three and any subsequent phase of
development as defined in the statewide, shared radio and
communication plan, who have submitted a plan to the Statewide
Radio Board and where development has been initiated.
(c) The Statewide Radio Board shall coordinate the
appointment of board members representing Greater Minnesota with
the appointing authorities and may designate the geographic
region or regions from which an appointed board member is
selected where necessary to provide representation from
throughout the state.
Sec. 22. [TRANSFER OF DUTIES.]
Responsibilities of the commissioner of administration for
state telecommunications systems, state information
infrastructure, and electronic conduct of state business under
Minnesota Statutes, sections 16B.405; 16B.44; 16B.46; 16B.465;
16B.466; and 16B.467, are transferred to the Office of
Enterprise Technology. All positions in the Office of
Technology and the Intertechnologies Group are transferred to
the Office of Enterprise Technology. Minnesota Statutes,
section 15.039, applies to the transfer of responsibilities in
this section.
Sec. 23. [REVISOR INSTRUCTION.]
In the next and subsequent editions of Minnesota Statutes,
the revisor of statutes shall:
(1) substitute the term "chief information officer" for
"commissioner" and "commissioner of administration" in the
following sections: 16B.405; 16B.44; 16B.46; 16B.465; 16B.466;
16B.467; 16E.03, subdivisions 4, 5, 6, and 8; 16E.035; and
16E.07, subdivision 4;
(2) substitute the term "Office of Enterprise Technology"
for the term "Office of Technology"; and
(3) recodify the following sections into chapter 16E:
16B.405; 16B.44; 16B.46; 16B.465; 16B.466; and 16B.467.
Sec. 24. [REPEALER.]
Minnesota Statutes 2004, sections 16B.48, subdivision 3;
and 16E.0465, subdivision 3, are repealed.
ARTICLE 6
ELECTIONS AND CAMPAIGN FINANCE
Section 1. Minnesota Statutes 2004, section 10A.01,
subdivision 5, is amended to read:
Subd. 5. [ASSOCIATED BUSINESS.] "Associated business"
means an association, corporation, partnership, limited
liability company, limited liability partnership, or other
organized legal entity from which the individual receives
compensation in excess of $50, except for actual and reasonable
expenses, in any month as a director, officer, owner, member,
partner, employer or employee, or whose securities the
individual holds worth $2,500 or more at fair market value.
Sec. 2. Minnesota Statutes 2004, section 10A.01,
subdivision 26, is amended to read:
Subd. 26. [NONCAMPAIGN DISBURSEMENT.] "Noncampaign
disbursement" means a purchase or payment of money or anything
of value made, or an advance of credit incurred, or a donation
in kind received, by a principal campaign committee for any of
the following purposes:
(1) payment for accounting and legal services;
(2) return of a contribution to the source;
(3) repayment of a loan made to the principal campaign
committee by that committee;
(4) return of a public subsidy;
(5) payment for food, beverages, entertainment, and
facility rental for a fund-raising event;
(6) services for a constituent by a member of the
legislature or a constitutional officer in the executive branch,
including the costs of preparing and distributing a suggestion
or idea solicitation to constituents, performed from the
beginning of the term of office to adjournment sine die of the
legislature in the election year for the office held, and half
the cost of services for a constituent by a member of the
legislature or a constitutional officer in the executive branch
performed from adjournment sine die to 60 days after adjournment
sine die;
(7) payment for food and beverages provided to campaign
consumed by a candidate or volunteers while they are engaged in
campaign activities;
(8) payment for food or a beverage consumed while attending
a reception or meeting directly related to legislative duties;
(9) payment of expenses incurred by elected or appointed
leaders of a legislative caucus in carrying out their leadership
responsibilities;
(9) (10) payment by a principal campaign committee of the
candidate's expenses for serving in public office, other than
for personal uses;
(10) (11) costs of child care for the candidate's children
when campaigning;
(11) (12) fees paid to attend a campaign school;
(12) (13) costs of a postelection party during the election
year when a candidate's name will no longer appear on a ballot
or the general election is concluded, whichever occurs first;
(13) (14) interest on loans paid by a principal campaign
committee on outstanding loans;
(14) (15) filing fees;
(15) (16) post-general election thank-you notes or
advertisements in the news media;
(16) (17) the cost of campaign material purchased to
replace defective campaign material, if the defective material
is destroyed without being used;
(17) (18) contributions to a party unit; and
(18) (19) payments for funeral gifts or memorials; and
(20) other purchases or payments specified in board rules
or advisory opinions as being for any purpose other than to
influence the nomination or election of a candidate or to
promote or defeat a ballot question.
The board must determine whether an activity involves a
noncampaign disbursement within the meaning of this subdivision.
A noncampaign disbursement is considered to be made in the
year in which the candidate made the purchase of goods or
services or incurred an obligation to pay for goods or services.
Sec. 3. Minnesota Statutes 2004, section 10A.025, is
amended by adding a subdivision to read:
Subd. 1a. [ELECTRONIC FILING.] A report or statement
required to be filed under this chapter may be filed
electronically. The board shall adopt rules to regulate
electronic filing and to ensure that the electronic filing
process is secure.
Sec. 4. Minnesota Statutes 2004, section 10A.071,
subdivision 3, is amended to read:
Subd. 3. [EXCEPTIONS.] (a) The prohibitions in this
section do not apply if the gift is:
(1) a contribution as defined in section 10A.01,
subdivision 11;
(2) services to assist an official in the performance of
official duties, including but not limited to providing advice,
consultation, information, and communication in connection with
legislation, and services to constituents;
(3) services of insignificant monetary value;
(4) a plaque or similar memento recognizing individual
services in a field of specialty or to a charitable cause;
(5) a trinket or memento of insignificant value costing $5
or less;
(6) informational material of unexceptional value; or
(7) food or a beverage given at a reception, meal, or
meeting away from the recipient's place of work by an
organization before whom the recipient appears to make a speech
or answer questions as part of a program.
(b) The prohibitions in this section do not apply if the
gift is given:
(1) because of the recipient's membership in a group, a
majority of whose members are not officials, and an equivalent
gift is given to the other members of the group; or
(2) by a lobbyist or principal who is a member of the
family of the recipient, unless the gift is given on behalf of
someone who is not a member of that family.
Sec. 5. Minnesota Statutes 2004, section 10A.08, is
amended to read:
10A.08 [REPRESENTATION DISCLOSURE.]
A public official who represents a client for a fee before
an individual, board, commission, or agency that has rulemaking
authority in a hearing conducted under chapter 14, must disclose
the official's participation in the action to the board within
14 days after the appearance. The board must send a notice by
certified mail to any public official who fails to disclose the
participation within 14 days after the appearance. If the
public official fails to disclose the participation within ten
business days after the notice was sent, the board may impose a
late filing fee of $5 per day, not to exceed $100, starting on
the 11th day after the notice was sent. The board must send an
additional notice by certified mail to a public official who
fails to disclose the participation within 14 days after the
first notice was sent by the board that the public official may
be subject to a civil penalty for failure to disclose the
participation. A public official who fails to disclose the
participation 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.
Sec. 6. Minnesota Statutes 2004, section 10A.20,
subdivision 5, is amended to read:
Subd. 5. [PREELECTION REPORTS.] In a statewide election
any loan, contribution, or contributions from any one source
totaling $2,000 or more, or in any judicial district or
legislative election totaling more than $400, received between
the last day covered in the last report before an election and
the election must be reported to the board in one of the
following ways:
(1) in person within 48 hours after its receipt;
(2) by telegram or mailgram within 48 hours after its
receipt; or
(3) by certified mail sent within 48 hours after its
receipt; or
(4) by electronic means sent within 48 hours after its
receipt.
These loans and contributions must also be reported in the
next required report.
The 48-hour notice requirement does not apply with respect
to a primary in which the statewide or legislative candidate is
unopposed.
Sec. 7. Minnesota Statutes 2004, section 10A.27,
subdivision 1, is amended to read:
Subdivision 1. [CONTRIBUTION LIMITS.] (a) Except as
provided in subdivision 2, a candidate must not permit the
candidate's principal campaign committee to accept aggregate
contributions made or delivered by any individual, political
committee, or political fund in excess of the following:
(1) to candidates for governor and lieutenant governor
running together, $2,000 in an election year for the office
sought and $500 in other years;
(2) to a candidate for attorney general, $1,000 in an
election year for the office sought and $200 in other years;
(3) to a candidate for the office of secretary of state or
state auditor, $500 in an election year for the office sought
and $100 in other years;
(4) to a candidate for state senator, $500 in an election
year for the office sought and $100 in other years; and
(5) to a candidate for state representative, $500 in an
election year for the office sought and $100 in the other year.
(b) The following deliveries are not subject to the
bundling limitation in this subdivision:
(1) delivery of contributions collected by a member of the
candidate's principal campaign committee, such as a block worker
or a volunteer who hosts a fund-raising event, to the
committee's treasurer; and
(2) a delivery made by an individual on behalf of the
individual's spouse.
(c) A lobbyist, political committee, political party unit,
or political fund must not make a contribution a candidate is
prohibited from accepting.
Sec. 8. Minnesota Statutes 2004, section 10A.28,
subdivision 2, is amended to read:
Subd. 2. [EXCEEDING CONTRIBUTION LIMITS.] A political
committee, political fund, or principal campaign committee that
makes a contribution, or a candidate who permits the candidate's
principal campaign committee to accept contributions, in excess
of the limits imposed by section 10A.27 is subject to a civil
penalty of up to four times the amount by which the contribution
exceeded the limits. The following are subject to a civil
penalty of up to four times the amount by which a contribution
exceeds the applicable limits:
(1) a lobbyist, political committee, or political fund that
makes a contribution in excess of the limits imposed by section
10A.27, subdivisions 1 and 8;
(2) a principal campaign committee that makes a
contribution in excess of the limits imposed by section 10A.27,
subdivision 2;
(3) a political party unit that makes a contribution in
excess of the limits imposed by section 10A.27, subdivisions 2
and 8; or
(4) a candidate who permits the candidate's principal
campaign committee to accept contributions in excess of the
limits imposed by section 10A.27.
Sec. 9. Minnesota Statutes 2004, section 10A.31,
subdivision 4, is amended to read:
Subd. 4. [APPROPRIATION.] (a) The amounts designated by
individuals for the state elections campaign fund, less three
percent, are appropriated from the general fund, must be
transferred and credited to the appropriate account in the state
elections campaign fund, and are annually appropriated for
distribution as set forth in subdivisions 5, 5a, 6, and 7. The
remaining three percent must be kept in the general fund for
administrative costs.
(b) In addition to the amounts in paragraph
(a), $1,500,000 $1,250,000 for each general election is
appropriated from the general fund for transfer to the general
account of the state elections campaign fund.
Of this appropriation, $65,000 each fiscal year must be set
aside to pay assessments made by the Office of Administrative
Hearings under section 211B.37. Amounts remaining after all
assessments have been paid must be canceled to the general
account.
Sec. 10. Minnesota Statutes 2004, section 10A.31,
subdivision 5, is amended to read:
Subd. 5. [ALLOCATION.] (a) [GENERAL ACCOUNT.] In each
calendar year the money in the general account must be allocated
to candidates as follows:
(1) 21 percent for the offices of governor and lieutenant
governor together;
(2) 4.2 percent for the office of attorney general;
(3) 2.4 percent each for the offices of secretary of state
and state auditor;
(4) in each calendar year during the period in which state
senators serve a four-year term, 23-1/3 percent for the office
of state senator, and 46-2/3 percent for the office of state
representative; and
(5) in each calendar year during the period in which state
senators serve a two-year term, 35 percent each for the offices
of state senator and state representative.
(b) [PARTY ACCOUNT.] In each calendar year the money in
each party account must be allocated as follows:
(1) 14 percent for the offices of governor and lieutenant
governor together;
(2) 2.8 percent for the office of attorney general;
(3) 1.6 percent each for the offices of secretary of state
and state auditor;
(4) in each calendar year during the period in which state
senators serve a four-year term, 23-1/3 percent for the office
of state senator, and 46-2/3 percent for the office of state
representative;
(5) in each calendar year during the period in which state
senators serve a two-year term, 35 percent each for the offices
of state senator and state representative; and
(6) ten percent or $50,000, whichever is less, for the
state committee of a political party; one-third of any amount in
excess of that allocated to the state committee of a political
party under this clause must be allocated to the office of state
senator and two-thirds must be allocated to the office of state
representative under clause (4).
Money allocated to each state committee under clause (6)
must be deposited in a separate account and must be spent for
only those items enumerated in section 10A.275. Money allocated
to a state committee under clause (6) must be paid to the
committee by the board as it is received in the account on a
monthly basis, with payment on the 15th day of the calendar
month following the month in which the returns were processed by
the Department of Revenue, provided that these distributions
would be equal to 90 percent of the amount of money indicated in
the Department of Revenue's weekly unedited reports of income
tax returns and property tax refund returns processed in the
month, as notified by the Department of Revenue to the board.
The amounts paid to each state committee are subject to biennial
adjustment and settlement at the time of each certification
required of the commissioner of revenue under subdivisions 7 and
10. If the total amount of payments received by a state
committee for the period reflected on a certification by the
Department of Revenue is different from the amount that should
have been received during the period according to the
certification, each subsequent monthly payment must be increased
or decreased to the fullest extent possible until the amount of
the overpayment is recovered or the underpayment is distributed.
Sec. 11. Minnesota Statutes 2004, section 200.02,
subdivision 7, is amended to read:
Subd. 7. [MAJOR POLITICAL PARTY.] (a) "Major political
party" means a political party that maintains a party
organization in the state, political division or precinct in
question and that has presented at least one candidate for
election to the office of:
(1) governor and lieutenant governor, secretary of state,
state auditor, or attorney general at the last preceding state
general election for those offices; or
(2) presidential elector or U.S. senator at the last
preceding state general election for presidential electors; and
whose candidate received votes in each county in that
election and received votes from not less than five percent of
the total number of individuals who voted in that election.
(b) "Major political party" also means a political party
that maintains a party organization in the state, political
subdivision, or precinct in question and that has presented at
least 45 candidates for election to the office of state
representative, 23 candidates for election to the office of
state senator, four candidates for election to the office of
representative in Congress, and one candidate for election to
each of the following offices: governor and lieutenant governor,
attorney general, secretary of state, and state auditor, at the
last preceding state general election for those offices.
(c) "Major political party" also means a political party
that maintains a party organization in the state, political
subdivision, or precinct in question and whose members present
to the secretary of state at any time before the close of filing
for the state partisan primary ballot a petition for a place on
the state partisan primary ballot, which petition contains
signatures of a number of the party members equal to at least
five percent of the total number of individuals who voted in the
preceding state general election.
(c) (d) A political party whose candidate receives a
sufficient number of votes at a state general election described
in paragraph (a) or a political party that presents candidates
at an election as required by paragraph (b) becomes a major
political party as of January 1 following that election and
retains its major party status notwithstanding that for at least
two state general elections even if the party fails to present a
candidate who receives the number and percentage of votes
required under paragraph (a) or fails to present candidates as
required by paragraph (b) at the following subsequent state
general election elections.
(d) (e) A major political party whose candidates fail to
receive the number and percentage of votes required under
paragraph (a) and that fails to present candidates as required
by paragraph (b) at either each of two consecutive state general
election elections described by paragraph (a) or (b),
respectively, loses major party status as of December 31
following the most recent later of the two consecutive state
general election elections.
Sec. 12. Minnesota Statutes 2004, section 200.02,
subdivision 23, is amended to read:
Subd. 23. [MINOR POLITICAL PARTY.] (a) "Minor political
party" means a political party that is not a major political
party as defined by subdivision 7 and that has adopted a state
constitution, designated a state party chair, held a state
convention in the last two years, filed with the secretary of
state no later than December 31 following the most recent state
general election a certification that the party has met the
foregoing requirements, and met the requirements of paragraph
(b) or (e), as applicable.
(b) To be considered a minor party in all elections
statewide, the political party must have presented at least one
candidate for election to the office of:
(1) governor and lieutenant governor, secretary of state,
state auditor, or attorney general, at the last preceding state
general election for those offices; or
(2) presidential elector or U.S. senator at the preceding
state general election for presidential electors; and
who received votes in each county that in the aggregate
equal at least one percent of the total number of individuals
who voted in the election, or its members must have presented to
the secretary of state at any time before the close of filing
for the state partisan primary ballot a nominating petition in a
form prescribed by the secretary of state containing the
signatures of party members in a number equal to at least one
percent of the total number of individuals who voted in the
preceding state general election.
(c) A political party whose candidate receives a sufficient
number of votes at a state general election described in
paragraph (b) becomes a minor political party as of January 1
following that election and retains its minor party status
notwithstanding that for at least two state general elections
even if the party fails to present a candidate who receives the
number and percentage of votes required under paragraph (b)
at the following subsequent state general election elections.
(d) A minor political party whose candidates fail to
receive the number and percentage of votes required under
paragraph (b) at either each of two consecutive state general
election elections described by paragraph (b) loses minor party
status as of December 31 following the most recent later of the
two consecutive state general election elections.
(e) A minor party that qualifies to be a major party loses
its status as a minor party at the time it becomes a major
party. Votes received by the candidates of a major party must
be counted in determining whether the party received sufficient
votes to qualify as a minor party, notwithstanding that the
party does not receive sufficient votes to retain its major
party status. To be considered a minor party in an election in
a legislative district, the political party must have presented
at least one candidate for a legislative office in that district
who received votes from at least ten percent of the total number
of individuals who voted for that office, or its members must
have presented to the secretary of state a nominating petition
in a form prescribed by the secretary of state containing the
signatures of party members in a number equal to at least ten
percent of the total number of individuals who voted in the
preceding state general election for that legislative office.
Sec. 13. Minnesota Statutes 2004, section 200.02, is
amended by adding a subdivision to read:
Subd. 24. [METROPOLITAN AREA.] "Metropolitan area" means
the counties of Anoka, Carver, Chisago, Dakota, Hennepin,
Isanti, Ramsey, Scott, Sherburne, Washington, and Wright.
Sec. 14. Minnesota Statutes 2004, section 201.014,
subdivision 2, is amended to read:
Subd. 2. [NOT ELIGIBLE.] The following individuals are not
eligible to vote. Any individual:
(a) Convicted of treason or any felony whose civil rights
have not been restored;
(b) Under a guardianship of the person in which the court
order provides that the ward does not retain revokes the ward's
right to vote; or
(c) Found by a court of law to be legally incompetent.
Sec. 15. Minnesota Statutes 2004, section 201.061,
subdivision 3, is amended to read:
Subd. 3. [ELECTION DAY REGISTRATION.] (a) An individual
who is eligible to vote may register on election day by
appearing in person at the polling place for the precinct in
which the individual maintains residence, by completing a
registration application, making an oath in the form prescribed
by the secretary of state and providing proof of residence. An
individual may prove residence for purposes of registering by:
(1) presenting a driver's license or Minnesota
identification card issued pursuant to section 171.07;
(2) presenting any document approved by the secretary of
state as proper identification;
(3) presenting one of the following:
(i) a current valid student identification card from a
postsecondary educational institution in Minnesota, if a list of
students from that institution has been prepared under section
135A.17 and certified to the county auditor in the manner
provided in rules of the secretary of state; or
(ii) a current student fee statement that contains the
student's valid address in the precinct together with a picture
identification card; or
(4) having a voter who is registered to vote in the
precinct, or who is an employee employed by and working in a
residential facility in the precinct and vouching for a resident
in the facility, sign an oath in the presence of the election
judge vouching that the voter or employee personally knows that
the individual is a resident of the precinct. A voter who has
been vouched for on election day may not sign a proof of
residence oath vouching for any other individual on that
election day. A voter who is registered to vote in the precinct
may sign up to 15 proof-of-residence oaths on any election day.
This limitation does not apply to an employee of a residential
facility described in this clause. The secretary of state shall
provide a form for election judges to use in recording the
number of individuals for whom a voter signs proof-of-residence
oaths on election day. The form must include space for the
maximum number of individuals for whom a voter may sign
proof-of-residence oaths. For each proof-of-residence oath, the
form must include a statement that the voter is registered to
vote in the precinct, personally knows that the individual is a
resident of the precinct, and is making the statement on oath.
The form must include a space for the voter's printed name,
signature, telephone number, and address.
The oath required by this subdivision and Minnesota Rules,
part 8200.9939, must be attached to the voter registration
application and the information on the oath must be recorded on
the records of both the voter registering on election day and
the voter who is vouching for the person's residence, and
entered into the statewide voter registration system by the
county auditor when the voter registration application is
entered into that system.
(b) The operator of a residential facility shall prepare a
list of the names of its employees currently working in the
residential facility and the address of the residential
facility. The operator shall certify the list and provide it to
the appropriate county auditor no less than 20 days before each
election for use in election day registration.
(c) "Residential facility" means transitional housing as
defined in section 119A.43, subdivision 1; a supervised living
facility licensed by the commissioner of health under section
144.50, subdivision 6; a nursing home as defined in section
144A.01, subdivision 5; a residence registered with the
commissioner of health as a housing with services establishment
as defined in section 144D.01, subdivision 4; a veterans home
operated by the board of directors of the Minnesota Veterans
Homes under chapter 198; a residence licensed by the
commissioner of human services to provide a residential program
as defined in section 245A.02, subdivision 14; a residential
facility for persons with a developmental disability licensed by
the commissioner of human services under section 252.28; group
residential housing as defined in section 256I.03, subdivision
3; a shelter for battered women as defined in section 611A.37,
subdivision 4; or a supervised publicly or privately operated
shelter or dwelling designed to provide temporary living
accommodations for the homeless.
(d) For tribal band members living on an Indian
reservation, an individual may prove residence for purposes of
registering by presenting an identification card issued by the
tribal government of a tribe recognized by the Bureau of Indian
Affairs, United States Department of the Interior, that contains
the name, street address, signature, and picture of the
individual. The county auditor of each county having territory
within the reservation shall maintain a record of the number of
election day registrations accepted under this section.
(e) A county, school district, or municipality may require
that an election judge responsible for election day registration
initial each completed registration application.
Sec. 16. Minnesota Statutes 2004, section 201.071,
subdivision 1, is amended to read:
Subdivision 1. [FORM.] A voter registration application
must be of suitable size and weight for mailing and contain
spaces for the following required information: voter's first
name, middle name, and last name; voter's previous name, if any;
voter's current address; voter's previous address, if any;
voter's date of birth; voter's municipality and county of
residence; voter's telephone number, if provided by the voter;
date of registration; current and valid Minnesota driver's
license number or Minnesota state identification number, or if
the voter has no current and valid Minnesota driver's license or
Minnesota state identification, the last four digits of the
voter's Social Security number; and voter's signature. The
registration application may include the voter's e-mail address,
if provided by the voter, and the voter's interest in serving as
an election judge, if indicated by the voter. The application
must also contain the following certification of voter
eligibility:
"I certify that I:
(1) will be at least 18 years old on election day;
(2) am a citizen of the United States;
(3) will have resided in Minnesota for 20 days immediately
preceding election day;
(4) maintain residence at the address given on the
registration form;
(5) am not under court-ordered guardianship of the person
where I have not retained the in which the court order revokes
my right to vote;
(6) have not been found by a court to be legally
incompetent to vote;
(7) have not the right to vote because, if I have been
convicted of a felony without having my civil rights restored,
my felony sentence has expired (been completed) or I have been
discharged from my sentence; and
(8) have read and understand the following statement: that
giving false information is a felony punishable by not more than
five years imprisonment or a fine of not more than $10,000, or
both."
The certification must include boxes for the voter to
respond to the following questions:
"(1) Are you a citizen of the United States?" and
"(2) Will you be 18 years old on or before election day?"
And the instruction:
"If you checked 'no' to either of these questions, do not
complete this form."
The form of the voter registration application and the
certification of voter eligibility must be as provided in this
subdivision and approved by the secretary of state. Voter
registration forms authorized by the National Voter Registration
Act may must also be accepted as valid. The federal postcard
application form must also be accepted as valid if it is not
deficient and the voter is eligible to register in Minnesota.
An individual may use a voter registration application to
apply to register to vote in Minnesota or to change information
on an existing registration.
Sec. 17. Minnesota Statutes 2004, section 201.091,
subdivision 4, is amended to read:
Subd. 4. [PUBLIC INFORMATION LISTS.] The county auditor
shall make available for inspection a public information list
which must contain the name, address, year of birth, and voting
history of each registered voter in the county. The telephone
number must be included on the list if provided by the voter.
The public information list may also include information on
voting districts. The county auditor may adopt reasonable rules
governing access to the list. No individual inspecting the
public information list shall tamper with or alter it in any
manner. No individual who inspects the public information list
or who acquires a list of registered voters prepared from the
public information list may use any information contained in the
list for purposes unrelated to elections, political activities,
or law enforcement. The secretary of state may provide copies
of the public information lists and other information from the
statewide registration system for uses related to elections,
political activities, or in response to a law enforcement
inquiry from a public official concerning a failure to comply
with any criminal statute or any state or local tax statute.
Before inspecting the public information list or obtaining
a list of voters or other information from the list, the
individual shall provide identification to the public official
having custody of the public information list and shall state in
writing that any information obtained from the list will not be
used for purposes unrelated to elections, political activities,
or law enforcement. Requests to examine or obtain information
from the public information lists or the statewide registration
system must be made and processed in the manner provided in the
rules of the secretary of state.
Upon receipt of a written request and a copy of the court
order statement signed by the voter that withholding the voter's
name from the public information list is required for the safety
of the voter or the voter's family, the secretary of state and
county auditor must withhold from the public information list
the name of any a registered voter placed under court-ordered
protection.
Sec. 18. Minnesota Statutes 2004, section 201.091,
subdivision 5, is amended to read:
Subd. 5. [COPY OF LIST TO REGISTERED VOTER.] The county
auditors and the secretary of state shall provide copies of the
public information lists in electronic or other media to any
voter registered in Minnesota within ten days of receiving a
written or electronic request accompanied by payment of the cost
of reproduction. The county auditors and the secretary of state
shall make a copy of the list available for public inspection
without cost. An individual who inspects or acquires a copy of
a public information list may not use any information contained
in it for purposes unrelated to elections, political activities,
or law enforcement.
Sec. 19. Minnesota Statutes 2004, section 201.15, is
amended to read:
201.15 [DISTRICT JUDGE, REPORT GUARDIANSHIPS AND
COMMITMENTS.]
Subdivision 1. [GUARDIANSHIPS AND INCOMPETENTS.] Pursuant
to the Help America Vote Act of 2002, Public Law 107-252, the
state court administrator shall report monthly by electronic
means to the secretary of state the name, address, and date of
birth of each individual 18 years of age or over, who during the
month preceding the date of the report:
(a) was placed under a guardianship of the person in which
the court order provides that the ward does not retain revokes
the ward's right to vote; or
(b) was adjudged legally incompetent.
The court administrator shall also report the same
information for each individual transferred to the jurisdiction
of the court who meets a condition specified in clause (a) or
(b). The secretary of state shall determine if any of the
persons in the report is registered to vote and shall prepare a
list of those registrants for the county auditor. The county
auditor shall change the status on the record in the statewide
registration system of any individual named in the report to
indicate that the individual is not eligible to reregister or
vote.
Subd. 2. [RESTORATION TO CAPACITY GUARDIANSHIP TERMINATION
OR MODIFICATION.] Pursuant to the Help America Vote Act of 2002,
Public Law 107-252, the state court administrator shall report
monthly by electronic means to the secretary of state the name,
address, and date of birth of each individual transferred from
whose guardianship to conservatorship or who is restored to
capacity by the court was modified to restore the ward's right
to vote or whose guardianship was terminated by order of the
court under section 524.5-317 after being ineligible to vote for
any of the reasons specified in subdivision 1. The secretary of
state shall determine if any of the persons in the report is
registered to vote and shall prepare a list of those registrants
for the county auditor. The county auditor shall change the
status on the voter's record in the statewide registration
system to "active."
Sec. 20. Minnesota Statutes 2004, section 203B.01,
subdivision 3, is amended to read:
Subd. 3. [MILITARY.] "Military" means the Army, Navy, Air
Force, Marine Corps, Coast Guard or Merchant Marine of the
United States, and all other uniformed services as defined in
United States Code, title 42, section 1973ff-6.
Sec. 21. Minnesota Statutes 2004, section 203B.04,
subdivision 1, is amended to read:
Subdivision 1. [APPLICATION PROCEDURES.] Except as
otherwise allowed by subdivision 2, an application for absentee
ballots for any election may be submitted at any time not less
than one day before the day of that election. The county
auditor shall prepare absentee ballot application forms in the
format provided in the rules of by the secretary of state,
notwithstanding rules on absentee ballot forms, and shall
furnish them to any person on request. By January 1 of each
even-numbered year, the secretary of state shall make the forms
to be used available to auditors through electronic means. An
application submitted pursuant to this subdivision shall be in
writing and shall be submitted to:
(a) the county auditor of the county where the applicant
maintains residence; or
(b) the municipal clerk of the municipality, or school
district if applicable, where the applicant maintains residence.
An application shall be approved if it is timely received,
signed and dated by the applicant, contains the applicant's name
and residence and mailing addresses, and states that the
applicant is eligible to vote by absentee ballot for one of the
reasons specified in section 203B.02. The application may
contain a request for the voter's date of birth, which must not
be made available for public inspection. An application may be
submitted to the county auditor or municipal clerk by an
electronic facsimile device. An application mailed or returned
in person to the county auditor or municipal clerk on behalf of
a voter by a person other than the voter must be deposited in
the mail or returned in person to the county auditor or
municipal clerk within ten days after it has been dated by the
voter and no later than six days before the election. The
absentee ballot applications or a list of persons applying for
an absentee ballot may not be made available for public
inspection until the close of voting on election day.
An application under this subdivision may contain an
application under subdivision 5 to automatically receive an
absentee ballot application.
Sec. 22. Minnesota Statutes 2004, section 203B.04,
subdivision 4, is amended to read:
Subd. 4. [REGISTRATION AT TIME OF APPLICATION.] An
eligible voter who is not registered to vote but who is
otherwise eligible to vote by absentee ballot may register by
including a completed voter registration card with the absentee
ballot. The individual shall present proof of residence as
required by section 201.061, subdivision 3, to the individual
who witnesses the marking of the absentee ballots. A military
voter, as defined in section 203B.01, may register in this
manner if voting pursuant to sections 203B.04 to 203B.15, or may
register pursuant to sections 203B.16 to 203B.27.
Sec. 23. Minnesota Statutes 2004, section 203B.04, is
amended by adding a subdivision to read:
Subd. 6. [ONGOING ABSENTEE STATUS; TERMINATION.] (a) An
eligible voter may apply to a county auditor or municipal clerk
for status as an ongoing absentee voter who reasonably expects
to meet the requirements of section 203B.02, subdivision 1.
Each applicant must automatically be provided with an absentee
ballot application for each ensuing election other than an
election by mail conducted under section 204B.45, and must have
the status of ongoing absentee voter indicated on the voter's
registration record.
(b) Ongoing absentee voter status ends on:
(1) the voter's written request;
(2) the voter's death;
(3) return of an ongoing absentee ballot as undeliverable;
(4) a change in the voter's status so that the voter is not
eligible to vote under section 201.15 or 201.155; or
(5) placement of the voter's registration on inactive
status under section 201.171.
Sec. 24. Minnesota Statutes 2004, section 203B.07,
subdivision 2, is amended to read:
Subd. 2. [DESIGN OF ENVELOPES.] The return envelope shall
be of sufficient size to conveniently enclose and contain the
ballot envelope and a voter registration card folded along its
perforations. The return envelope shall be designed to open on
the left-hand end. Notwithstanding any rule to the contrary,
the return envelope must be designed in one of the following
ways:
(1) it must be of sufficient size to contain an additional
envelope that when sealed, conceals the signature,
identification, and other information; or
(2) it must provide an additional flap that when sealed,
conceals the signature, identification, and other information.
Election officials may open the flap or the additional envelope
at any time after receiving the returned ballot to inspect the
returned certificate for completeness or to ascertain other
information. A certificate of eligibility to vote by absentee
ballot shall be printed on the right hand three-fourths of the
back of the envelope. The certificate shall contain a statement
to be signed and sworn by the voter indicating that the voter
meets all of the requirements established by law for voting by
absentee ballot. The certificate shall also contain a statement
signed by a person who is registered to vote in Minnesota or by
a notary public or other individual authorized to administer
oaths stating that:
(a) the ballots were displayed to that individual unmarked;
(b) the voter marked the ballots in that individual's
presence without showing how they were marked, or, if the voter
was physically unable to mark them, that the voter directed
another individual to mark them; and
(c) if the voter was not previously registered, the voter
has provided proof of residence as required by section 201.061,
subdivision 3.
The county auditor or municipal clerk shall affix first
class postage to the return envelopes.
Sec. 25. Minnesota Statutes 2004, section 203B.11,
subdivision 1, is amended to read:
Subdivision 1. [GENERALLY.] Each full-time municipal clerk
or school district clerk who has authority under section 203B.05
to administer absentee voting laws shall designate election
judges to deliver absentee ballots in accordance with this
section. The county auditor may must also designate election
judges to perform the duties in this section. A ballot may be
delivered only to an eligible voter who is a temporary or
permanent resident or patient in a health care facility or
hospital located in the municipality in which the voter
maintains residence. The ballots shall be delivered by two
election judges, each of whom is affiliated with a different
major political party. When the election judges deliver or
return ballots as provided in this section, they shall travel
together in the same vehicle. Both election judges shall be
present when an applicant completes the certificate of
eligibility and marks the absentee ballots, and may assist an
applicant as provided in section 204C.15. The election judges
shall deposit the return envelopes containing the marked
absentee ballots in a sealed container and return them to the
clerk on the same day that they are delivered and marked.
Sec. 26. Minnesota Statutes 2004, section 203B.12,
subdivision 2, is amended to read:
Subd. 2. [EXAMINATION OF RETURN ENVELOPES.] Two or more
election judges shall examine each return envelope and shall
mark it accepted or rejected in the manner provided in this
subdivision. If a ballot has been prepared under section
204B.12, subdivision 2a, or 204B.41, the election judges shall
not begin removing ballot envelopes from the return envelopes
until 8:00 p.m. on election day, either in the polling place or
at an absentee ballot board established under section 203B.13.
The election judges shall mark the return envelope
"Accepted" and initial or sign the return envelope below the
word "Accepted" if the election judges or a majority of them are
satisfied that:
(1) the voter's name and address on the return envelope are
the same as the information provided on the absentee ballot
application;
(2) the voter's signature on the return envelope is the
genuine signature of the individual who made the application for
ballots and the certificate has been completed as prescribed in
the directions for casting an absentee ballot, except that if a
person other than the voter applied for the absentee ballot
under applicable Minnesota Rules, the signature is not required
to match;
(3) the voter is registered and eligible to vote in the
precinct or has included a properly completed voter registration
application in the return envelope; and
(4) the voter has not already voted at that election,
either in person or by absentee ballot.
There is no other reason for rejecting an absentee ballot.
In particular, failure to place the envelope within the security
envelope before placing it in the outer white envelope is not a
reason to reject an absentee ballot.
The return envelope from accepted ballots must be preserved
and returned to the county auditor.
If all or a majority of the election judges examining
return envelopes find that an absent voter has failed to meet
one of the requirements prescribed in clauses (1) to (4), they
shall mark the return envelope "Rejected," initial or sign it
below the word "Rejected," and return it to the county auditor.
Sec. 27. Minnesota Statutes 2004, section 203B.20, is
amended to read:
203B.20 [CHALLENGES.]
Except as provided in this section, the eligibility or
residence of a voter whose application for absentee ballots is
recorded under section 203B.19 may be challenged in the manner
set forth by section 201.195. The county auditor or municipal
clerk shall not be required to serve a copy of the petition and
notice of hearing on the challenged voter. If the absentee
ballot application was submitted on behalf of a voter by an
individual authorized under section 203B.17, subdivision 1,
paragraph (a), the county auditor must attempt to notify the
individual who submitted the application of the challenge. The
county auditor may contact other registered voters to request
information that may resolve any discrepancies appearing in the
application. All reasonable doubt shall be resolved in favor of
the validity of the application. If the voter's challenge is
affirmed, the county auditor shall provide the challenged voter
with a copy of the petition and the decision and shall inform
the voter of the right to appeal as provided in section 201.195.
Sec. 28. Minnesota Statutes 2004, section 203B.21,
subdivision 1, is amended to read:
Subdivision 1. [FORM.] Absentee ballots under sections
203B.16 to 203B.27 shall conform to the requirements of the
Minnesota Election Law, except that modifications in the size or
form of ballots or envelopes may be made if necessary to satisfy
the requirements of the United States postal service. The
return envelope must be designed in one of the following ways:
(1) it must be of sufficient size to contain an additional
envelope that when sealed, conceals the signature,
identification, and other information; or
(2) it must provide an additional flap that when sealed,
conceals the signature, identification, and other information.
The flap or the additional envelope must be perforated to permit
election officials to inspect the returned certificate for
completeness or to ascertain other information at any time after
receiving the returned ballot without opening the return
envelope.
Sec. 29. Minnesota Statutes 2004, section 203B.21,
subdivision 3, is amended to read:
Subd. 3. [BACK OF RETURN ENVELOPE.] On the back of the
return envelope an affidavit form shall appear with space for:
(a) The voter's address of present or former residence in
Minnesota;
(b) A statement indicating the category described in
section 203B.16 to which the voter belongs;
(c) A statement that the voter has not cast and will not
cast another absentee ballot in the same election or elections;
(d) A statement that the voter personally marked the
ballots without showing them to anyone, or if physically unable
to mark them, that the voter directed another individual to mark
them; and
(e) The voter's military identification card number,
passport number, or, if the voter does not have a valid passport
or identification card, the signature and certification of an
individual authorized to administer oaths under federal law or
the law of the place where the oath was administered or a
commissioned or noncommissioned officer personnel of the
military not below the rank of sergeant or its equivalent.
The affidavit shall also contain a signed and dated oath in
the form required by section 705 of the Help America Vote Act,
Public Law 107-252, which must read:
"I swear or affirm, under penalty of perjury, that:
I am a member of the uniformed services or merchant marine
on active duty or an eligible spouse or dependent of such a
member; a United States citizen temporarily residing outside the
United States; or other United States citizen residing outside
the United States; and I am a United States citizen, at least 18
years of age (or will be by the date of the election), and I am
eligible to vote in the requested jurisdiction; I have not been
convicted of a felony, or other disqualifying offense, or been
adjudicated mentally incompetent, or, if so, my voting rights
have been reinstated; and I am not registering, requesting a
ballot, or voting in any other jurisdiction in the United States
except the jurisdiction cited in this voting form. In voting, I
have marked and sealed my ballot in private and have not allowed
any person to observe the marking of the ballot, except for
those authorized to assist voters under state or federal law. I
have not been influenced.
My signature and date below indicate when I completed this
document.
The information on this form is true, accurate, and
complete to the best of my knowledge. I understand that a
material misstatement of fact in completion of this document may
constitute grounds for a conviction for perjury."
Sec. 30. Minnesota Statutes 2004, section 203B.24,
subdivision 1, is amended to read:
Subdivision 1. [CHECK OF VOTER ELIGIBILITY; PROPER
EXECUTION OF AFFIDAVIT.] Upon receipt of an absentee ballot
returned as provided in sections 203B.16 to 203B.27, the
election judges shall compare the voter's name with the names
appearing on their copy of the application records to insure
that the ballot is from a voter eligible to cast an absentee
ballot under sections 203B.16 to 203B.27. Any discrepancy or
disqualifying fact shall be noted on the envelope by the
election judges. The election judges shall mark the return
envelope "Accepted" and initial or sign the return envelope
below the word "Accepted" if the election judges are satisfied
that:
(1) the voter's name on the return envelope appears in
substantially the same form as on the application records
provided to the election judges by the county auditor;
(2) the voter has signed the federal oath prescribed
pursuant to section 705(b)(2) of the Help America Vote Act,
Public Law 107-252;
(3) the voter has set forth the voter's military
identification number or passport number or, if those numbers do
not appear, a person authorized to administer oaths under
federal law or the law of the place where the oath was
administered or a witness who is military personnel with a rank
at or above the rank of sergeant or its equivalent has signed
the ballot; and
(4) the voter has not already voted at that election,
either in person or by absentee ballot.
An absentee ballot cast pursuant to sections 203B.16 to
203B.27 may only be rejected for the lack of one of clauses (1)
to (4). In particular, failure to place the envelope within the
security envelope before placing it in the outer white envelope
is not a reason to reject an absentee ballot.
Election judges must note the reason for rejection on the
back of the envelope in the space provided for that purpose.
Failure to return unused ballots shall not invalidate a
marked ballot, but a ballot shall not be counted if the
affidavit on the return envelope is not properly executed. In
all other respects the provisions of the Minnesota Election Law
governing deposit and counting of ballots shall apply.
Sec. 31. Minnesota Statutes 2004, section 204B.06,
subdivision 1, is amended to read:
Subdivision 1. [FORM OF AFFIDAVIT.] (a) An affidavit of
candidacy shall state the name of the office sought and, except
as provided in subdivision 4, shall state that the candidate:
(1) is an eligible voter;
(2) has no other affidavit on file as a candidate for any
office at the same primary or next ensuing general election,
except that a candidate for soil and water conservation district
supervisor in a district not located in whole or in part in
Anoka, Hennepin, Ramsey, or Washington County, may also have on
file an affidavit of candidacy for mayor or council member of a
statutory or home rule charter city of not more than 2,500
population contained in whole or in part in the soil and water
conservation district or for town supervisor in a town of not
more than 2,500 population contained in whole or in part in the
soil and water conservation district; and
(3) is, or will be on assuming the office, 21 years of age
or more, and will have maintained residence in the district from
which the candidate seeks election for 30 days before the
general election.
An affidavit of candidacy must include a statement that the
candidate's name as written on the affidavit for ballot
designation is the candidate's true name or the name by which
the candidate is commonly and generally known in the community.
An affidavit of candidacy for partisan office shall also
state the name of the candidate's political party or political
principle, stated in three words or less.
(b) Candidates for president or vice-president of the
United States are not required to file an affidavit of candidacy
for office and this subdivision does not apply to those
candidates.
Sec. 32. Minnesota Statutes 2004, section 204B.06,
subdivision 4, is amended to read:
Subd. 4. [PARTICULAR FEDERAL OFFICES.] Candidates for
president or vice-president of the United States are not
required to file an affidavit of candidacy for office.
Candidates who seek nomination for the following offices office
of United States senator or representative shall state the
following additional information on the affidavit:
(a) (1) for United States senator, that the candidate will
be an inhabitant of this state when elected and will be 30 years
of age or older and a citizen of the United States for not less
than nine years on the next January 3 or, in the case of an
election to fill a vacancy, within 21 days after the special
election; and
(b) (2) for United States representative, that the
candidate will be an inhabitant of this state when elected and
will be 25 years of age or older and a citizen of the United
States for not less than seven years on the next January 3 or,
in the case of an election to fill a vacancy, within 21 days
after the special election;.
Subd. 4a. [STATE AND LOCAL OFFICES.] Candidates who seek
nomination for the following offices shall state the following
additional information on the affidavit:
(c) (1) for governor or lieutenant governor, that on the
first Monday of the next January the candidate will be 25 years
of age or older and, on the day of the state general election, a
resident of Minnesota for not less than one year;
(d) (2) for Supreme Court justice, Court of Appeals judge,
or district court judge, that the candidate is learned in the
law;
(e) (3) for county, municipal, school district, or special
district office, that the candidate meets any other
qualifications for that office prescribed by law;
(f) (4) for senator or representative in the legislature,
that on the day of the general or special election to fill the
office the candidate will have resided not less than one year in
the state and not less than six months in the legislative
district from which the candidate seeks election.
Sec. 33. Minnesota Statutes 2004, section 204B.10,
subdivision 6, is amended to read:
Subd. 6. [INELIGIBLE VOTER.] Upon receipt of a certified
copy of a final judgment or order of a court of competent
jurisdiction that a person who has filed an affidavit of
candidacy or who has been nominated by petition:
(1) has been convicted of treason or a felony and the
person's civil rights have not been restored;
(2) is under guardianship of the person in which the court
order revokes the ward's right to vote; or
(3) has been found by a court of law to be legally
incompetent;
the filing officer shall notify the person by certified mail at
the address shown on the affidavit or petition, and, for offices
other than President of the United States, Vice President of the
United States, United States Senator, and United States
Representative in Congress, shall not certify the person's name
to be placed on the ballot. The actions of a filing officer
under this subdivision are subject to judicial review under
section 204B.44.
Sec. 34. Minnesota Statutes 2004, section 204B.14,
subdivision 2, is amended to read:
Subd. 2. [SEPARATE PRECINCTS; COMBINED POLLING PLACE.] (a)
The following shall constitute at least one election precinct:
(1) each city ward; and
(2) each town and each statutory city.
(b) A single, accessible, combined polling place may be
established no later than June 1 of any year:
(1) for any city of the third or fourth class, any town, or
any city having territory in more than one county, in which all
the voters of the city or town shall cast their ballots;
(2) for two contiguous precincts in the same municipality
that have a combined total of fewer than 500 registered voters;
or
(3) for up to four contiguous municipalities located
entirely outside the metropolitan area, as defined by section
473.121, subdivision 2 200.02, subdivision 24, that are
contained in the same county.
A copy of the ordinance or resolution establishing a
combined polling place must be filed with the county auditor
within 30 days after approval by the governing body. A polling
place combined under clause (3) must be approved by the
governing body of each participating municipality. A
municipality withdrawing from participation in a combined
polling place must do so by filing a resolution of withdrawal
with the county auditor no later than May 1 of any year.
The secretary of state shall provide a separate polling
place roster for each precinct served by the combined polling
place. A single set of election judges may be appointed to
serve at a combined polling place. The number of election
judges required must be based on the total number of persons
voting at the last similar election in all precincts to be
voting at the combined polling place. Separate ballot boxes
must be provided for the ballots from each precinct. The
results of the election must be reported separately for each
precinct served by the combined polling place, except in a
polling place established under clause (2) where one of the
precincts has fewer than ten registered voters, in which case
the results of that precinct must be reported in the manner
specified by the secretary of state.
Sec. 35. Minnesota Statutes 2004, section 204B.16,
subdivision 1, is amended to read:
Subdivision 1. [AUTHORITY; LOCATION.] The governing body
of each municipality and of each county with precincts in
unorganized territory shall designate by ordinance or resolution
a polling place for each election precinct. Polling places must
be designated and ballots must be distributed so that no one is
required to go to more than one polling place to vote in a
school district and municipal election held on the same day.
The polling place for a precinct in a city or in a school
district located in whole or in part in the metropolitan area
defined by section 473.121 200.02, subdivision 24, shall be
located within the boundaries of the precinct or within 3,000
feet of one of those boundaries unless a single polling place is
designated for a city pursuant to section 204B.14, subdivision
2, or a school district pursuant to section 205A.11. The
polling place for a precinct in unorganized territory may be
located outside the precinct at a place which is convenient to
the voters of the precinct. If no suitable place is available
within a town or within a school district located outside the
metropolitan area defined by section 473.121 200.02, subdivision
24, then the polling place for a town or school district may be
located outside the town or school district within five miles of
one of the boundaries of the town or school district.
Sec. 36. Minnesota Statutes 2004, section 204B.16,
subdivision 5, is amended to read:
Subd. 5. [ACCESS BY ELDERLY AND HANDICAPPED PERSONS WITH
DISABILITIES.] Each polling place shall be accessible to and
usable by elderly individuals and physically handicapped
individuals with disabilities. A polling place is deemed to be
accessible and usable if it complies with the standards in
paragraphs (a) to (f).
(a) At least one set of doors must have a minimum width of
31 32 inches if the doors must be used to enter or leave the
polling place.
(b) Any curb adjacent to the main entrance to a polling
place must have curb cuts or temporary ramps. Where the main
entrance is not the accessible entrance, any curb adjacent to
the accessible entrance must also have curb cuts or temporary
ramps.
(c) Where the main entrance is not the accessible entrance,
a sign shall be posted at the main entrance giving directions to
the accessible entrance.
(d) At least one set of stairs must have a temporary
handrail and ramp if stairs must be used to enter or leave the
polling place.
(e) No barrier in the polling place may impede the path of
the physically handicapped persons with disabilities to the
voting booth.
(f) At least one handicapped parking space for persons with
disabilities, which may be temporarily so designated by the
municipality for the day of the election, must be available near
the accessible entrance.
The doorway, handrails, ramps, and handicapped parking
provided pursuant to this subdivision must conform to the
standards specified in the State Building Code for accessibility
by handicapped persons with disabilities.
A governing body shall designate as polling places only
those places which meet the standards prescribed in this
subdivision unless no available place within a precinct is
accessible or can be made accessible.
Sec. 37. Minnesota Statutes 2004, section 204B.18,
subdivision 1, is amended to read:
Subdivision 1. [BOOTHS; VOTING STATIONS.] Each polling
place must contain a number of voting booths or voting stations
in proportion to the number of individuals eligible to vote in
the precinct. Each booth or station must be at least six feet
high, three feet deep and two feet wide with a shelf at least
two feet long and one foot wide placed at a convenient height
for writing. The booth or station shall be provided with a door
or curtains permit the voter to vote privately and independently.
Each accessible polling place must have at least one accessible
voting booth or other accessible voting station and beginning
with federal and state elections held after December 31, 2005,
and county, municipal, and school district elections held after
December 31, 2007, one voting system that conforms to section
301(a)(3)(B) of the Help America Vote Act, Public Law 107-252.
All booths or stations must be constructed so that a voter is
free from observation while marking ballots. In all other
polling places every effort must be made to provide at least one
accessible voting booth or other accessible voting station.
During the hours of voting, the booths or stations must have
instructions, a pencil, and other supplies needed to mark the
ballots. If needed, A chair must be provided for elderly and
handicapped voters and voters with disabilities to use while
voting or waiting to vote. Stable flat writing surfaces must
also be made available to voters who are completing
election-related forms. All ballot boxes, voting booths, voting
stations, and election judges must be in open public view in the
polling place.
Sec. 38. Minnesota Statutes 2004, section 204B.24, is
amended to read:
204B.24 [ELECTION JUDGES; OATH.]
Each election judge shall sign the following oath before
assuming the duties of the office:
"I .......... solemnly swear that I will perform the duties
of election judge according to law and the best of my ability
and will diligently endeavor to prevent fraud, deceit and abuse
in conducting this election. I will perform my duties in a fair
and impartial manner and not attempt to create an advantage for
my party or for any candidate."
The oath shall be attached to the summary statement of the
election returns of that precinct. If there is no individual
present who is authorized to administer oaths, the election
judges may administer the oath to each other.
Sec. 39. Minnesota Statutes 2004, section 204B.27,
subdivision 1, is amended to read:
Subdivision 1. [BLANK FORMS.] At least 25 14 days before
every state election the secretary of state shall transmit to
each county auditor a sufficient number of blank county abstract
forms and other examples of any blank forms to be used as the
secretary of state deems necessary for the conduct of the
election. County abstract forms may be provided to auditors
electronically via the Minnesota State Election Reporting System
maintained by the secretary of state, and must be available at
least one week prior to the election.
Sec. 40. Minnesota Statutes 2004, section 204C.05,
subdivision 1a, is amended to read:
Subd. 1a. [ELECTIONS; ORGANIZED TOWN.] The governing body
of a town with less than 500 inhabitants according to the most
recent federal decennial census, which is located outside the
metropolitan area as defined in section 473.121 200.02,
subdivision 2 24, may fix a later time for voting to begin at
state primary, special, or general elections, if approved by a
vote of the town electors at the annual town meeting. The
question of shorter voting hours must be included in the notice
of the annual town meeting before the question may be submitted
to the electors at the meeting. The later time may not be later
than 10:00 a.m. for special, primary, or general elections. The
town clerk shall either post or publish notice of the changed
hours and notify the county auditor of the change 30 days before
the election.
Sec. 41. Minnesota Statutes 2004, section 204C.06,
subdivision 2, is amended to read:
Subd. 2. [INDIVIDUALS ALLOWED IN POLLING PLACE;
IDENTIFICATION.] (a) Representatives of the secretary of state's
office, the county auditor's office, and the municipal or school
district clerk's office may be present at the polling place to
observe election procedures. Except for these representatives,
election judges, sergeants-at-arms, and challengers, an
individual may remain inside the polling place during voting
hours only while voting or registering to vote, providing proof
of residence for an individual who is registering to vote, or
assisting a handicapped voter or a voter who is unable to read
English. During voting hours no one except individuals
receiving, marking, or depositing ballots shall approach within
six feet of a voting booth, unless lawfully authorized to do so
by an election judge.
(b) Teachers and elementary or secondary school students
participating in an educational activity authorized by section
204B.27, subdivision 7, may be present at the polling place
during voting hours.
(c) Each official on duty in the polling place must wear an
identification badge that shows their role in the election
process. The badge must not show their party affiliation.
Sec. 42. Minnesota Statutes 2004, section 204C.07, is
amended by adding a subdivision to read:
Subd. 3a. [RESIDENCE REQUIREMENT.] A challenger must be a
resident of this state.
Sec. 43. Minnesota Statutes 2004, section 204C.07,
subdivision 4, is amended to read:
Subd. 4. [RESTRICTIONS ON CONDUCT.] An election judge may
not be appointed as a challenger. The election judges shall
permit challengers appointed pursuant to this section to be
present in the polling place during the hours of voting and to
remain there until the votes are counted and the results
declared. No challenger shall handle or inspect registration
cards, files, or lists. Challengers shall not prepare in any
manner any list of individuals who have or have not voted. They
shall not attempt to influence voting in any manner. They shall
not converse with a voter except to determine, in the presence
of an election judge, whether the voter is eligible to vote in
the precinct.
Sec. 44. Minnesota Statutes 2004, section 204C.08,
subdivision 1a, is amended to read:
Subd. 1a. [VOTER'S BILL OF RIGHTS.] The county auditor
shall prepare and provide to each polling place sufficient
copies of a poster setting forth the Voter's Bill of Rights as
set forth in this section. Before the hours of voting are
scheduled to begin, the election judges shall post it in a
conspicuous location or locations in the polling place. The
Voter's Bill of Rights is as follows:
"VOTER'S BILL OF RIGHTS
For all persons residing in this state who meet federal
voting eligibility requirements:
(1) You have the right to be absent from work for the
purpose of voting during the morning of election day.
(2) If you are in line at your polling place any time
between 7:00 a.m. and 8:00 p.m., you have the right to vote.
(3) If you can provide the required proof of residence, you
have the right to register to vote and to vote on election day.
(4) If you are unable to sign your name, you have the right
to orally confirm your identity with an election judge and to
direct another person to sign your name for you.
(5) You have the right to request special assistance when
voting.
(6) If you need assistance, you may be accompanied into the
voting booth by a person of your choice, except by an agent of
your employer or union or a candidate.
(7) You have the right to bring your minor children into
the polling place and into the voting booth with you.
(8) If you have been convicted of a felony but your civil
rights have been restored your felony sentence has expired (been
completed) or you have been discharged from your sentence, you
have the right to vote.
(9) If you are under a guardianship, you have the right to
vote, unless the court order revokes your right to vote.
(10) You have the right to vote without anyone in the
polling place trying to influence your vote.
(10) (11) If you make a mistake or spoil your ballot before
it is submitted, you have the right to receive a replacement
ballot and vote.
(11) (12) You have the right to file a written complaint at
your polling place if you are dissatisfied with the way an
election is being run.
(12) (13) You have the right to take a sample ballot into
the voting booth with you.
(13) (14) You have the right to take a copy of this Voter's
Bill of Rights into the voting booth with you."
Sec. 45. Minnesota Statutes 2004, section 204C.10, is
amended to read:
204C.10 [PERMANENT REGISTRATION; VERIFICATION OF
REGISTRATION.]
(a) An individual seeking to vote shall sign a polling
place roster which states that the individual is at least 18
years of age, a citizen of the United States, has resided in
Minnesota for 20 days immediately preceding the election,
maintains residence at the address shown, is not under a
guardianship in which the individual has not retained court
order revokes the individual's right to vote, has not been found
by a court of law to be legally incompetent to vote or convicted
of a felony without having civil rights restored, is registered
and has not already voted in the election. The roster must also
state: "I understand that deliberately providing false
information is a felony punishable by not more than five years
imprisonment and a fine of not more than $10,000, or both."
(b) A judge may, before the applicant signs the roster,
confirm the applicant's name, address, and date of birth.
(c) After the applicant signs the roster, the judge shall
give the applicant a voter's receipt. The voter shall deliver
the voter's receipt to the judge in charge of ballots as proof
of the voter's right to vote, and thereupon the judge shall hand
to the voter the ballot. The voters' receipts must be
maintained during the time for notice of filing an election
contest.
Sec. 46. Minnesota Statutes 2004, section 204C.12,
subdivision 2, is amended to read:
Subd. 2. [STATEMENT OF GROUNDS; OATH.] The challenger
shall state the ground for the challenge, and A challenger must
be a resident of this state. The secretary of state shall
prepare a form that challengers must complete and sign when
making a challenge. The form must include space to state the
ground for the challenge, a statement that the challenge is
based on the challenger's personal knowledge, and a statement
that the challenge is made under oath. The form must include a
space for the challenger's printed name, signature, telephone
number, and address.
An election judge shall administer to the challenged
individual the following oath:
"Do you solemnly swear that you will fully and truly answer
all questions put to you concerning your eligibility to vote at
this election?"
The election judge shall then ask the challenged individual
sufficient questions to test that individual's residence and
right to vote.
Sec. 47. Minnesota Statutes 2004, section 204C.24,
subdivision 1, is amended to read:
Subdivision 1. [INFORMATION REQUIREMENTS.] Precinct
summary statements shall be submitted by the election judges in
every precinct. For state all elections, the election judges
shall complete three or more copies of the summary statements,
and each copy shall contain the following information for each
kind of ballot:
(a) the number of votes each candidate received or the
number of yes and no votes on each question, the number of
undervotes or partially blank ballots, and the number of
overvotes or partially defective ballots with respect to each
office or question;
(b) the number of totally blank ballots, the number of
totally defective ballots, the number of spoiled ballots, and
the number of unused ballots;
(c) the number of individuals who voted at the election in
the precinct;
(d) the number of voters registering on election day in
that precinct; and
(e) the signatures of the election judges who counted the
ballots certifying that all of the ballots cast were properly
piled, checked, and counted; and that the numbers entered by the
election judges on the summary statements correctly show the
number of votes cast for each candidate and for and against each
question.
At least two copies of the summary statement must be
prepared for elections not held on the same day as the state
elections.
Sec. 48. Minnesota Statutes 2004, section 204C.28,
subdivision 1, is amended to read:
Subdivision 1. [COUNTY AUDITOR.] Every county auditor
shall remain at the auditor's office to receive delivery of the
returns, to permit public inspection of the summary statements,
and to tabulate the votes until all have been tabulated and the
results made known, or until 24 hours have elapsed since the end
of the hours for voting, whichever occurs first. Every county
auditor shall, in the presence of the municipal clerk or the
election judges who deliver the returns, make a record of all
materials delivered, the time of delivery, and the names of the
municipal clerk or election judges who made delivery. The
county auditor shall file the record and all envelopes
containing ballots in a safe and secure place with envelope
seals unbroken. Access to the record and ballots shall be
strictly controlled. Accountability and a record of access
shall be maintained by the county auditor during the period for
contesting elections or, if a contest is filed, until the
contest has been finally determined. Thereafter, the record
shall be retained in the auditor's office for the same period as
the ballots as provided in section 204B.40.
The county auditor shall file all envelopes containing
ballots in a safe place with seals unbroken. If the envelopes
were previously opened by proper authority for examination or
recount, the county auditor shall have the envelopes sealed
again and signed by the individuals who made the inspection or
recount. The envelopes may be opened by the county canvassing
board if necessary to procure election returns that the election
judges inadvertently may have sealed in the envelopes with the
ballots. In that case, the envelopes shall be sealed again and
signed in the same manner as otherwise provided in this
subdivision.
Sec. 49. Minnesota Statutes 2004, section 204C.50,
subdivision 1, is amended to read:
Subdivision 1. [SELECTION FOR REVIEW; NOTICE.] (a)
Postelection review under this section must be conducted only on
the election for president, senator or representative in
Congress, constitutional offices, and legislative offices.
(b) The Office of the Secretary of State shall, within
three days after each state general election beginning in 2006,
randomly select 80 precincts for postelection review as defined
in this section. The precincts must be selected so that an
equal number of precincts are selected in each congressional
district of the state. Of the precincts in each congressional
district, at least five must have had more than 500 votes cast,
and at least two must have had fewer than 500 votes cast. The
secretary of state must promptly provide notices of which
precincts are chosen to the election administration officials
who are responsible for the conduct of elections in those
precincts.
(b) (c) One week before the state general election
beginning in 2006, the secretary of state must post on the
office Web site the date, time, and location at which precincts
will be randomly chosen for review under this section. The
chair of each major political party may appoint a designee to
observe the random selection process.
Sec. 50. Minnesota Statutes 2004, section 204C.50,
subdivision 2, is amended to read:
Subd. 2. [SCOPE AND CONDUCT OF REVIEW.] Each review is
limited to federal and state offices and must consist of at
least the following:
(a) The election officials immediately responsible for a
precinct chosen for review must conduct the following review and
submit the results in writing to the State Canvassing Board
before it meets to canvass the election:
(1) a hand tally of the paper ballots or electronic ballot
marker record, of whatever kind used in that precinct, for each
contested election;
(2) a recount using the actual machine and software used on
election day, if a precinct-count or central-count automated
voting system was used; and
(3) a comparison of the hand tally with the reported
results for the precinct in the county canvassing board report,
as well as the actual tape of any automated tabulation produced
by any precinct-count or central-count optical scan equipment
that may have been used to tabulate votes cast in that precinct.
(b) The staff of the Office of the Secretary of State shall
conduct or directly supervise a review of the procedures used by
the election officials at all levels for a precinct chosen for
review, including an inspection of the materials retained for
the official 22-month retention period, such as the rosters, the
incident log, and the ballots themselves. The staff must submit
a written report to the secretary of state before the next
regularly scheduled meeting of the State Canvassing Board.
Sec. 51. Minnesota Statutes 2004, section 204D.03, is
amended by adding a subdivision to read:
Subd. 3. [EXCEPTION; CERTAIN PARTISAN CANDIDATES.] (a) If
no more than one candidate files for nomination by a major
political party for a partisan office, the candidate who filed
must be declared the nominee upon the close of filing. If every
candidate for a partisan office has been declared the nominee
upon the close of filing, the office must be omitted from the
state primary ballot. If all offices, both partisan and
nonpartisan, have been omitted from the state primary ballot in
a municipality or county, the governing body of the municipality
or county may decide that the state primary will not be
conducted in that municipality or county.
(b) Within 15 days after the close of filing, each
municipal clerk or county auditor whose governing body has
decided not to conduct the state primary shall post notice that
the offices have been so omitted and the state primary canceled
and shall send a copy of the notice to the secretary of state.
Sec. 52. Minnesota Statutes 2004, section 204D.14,
subdivision 3, is amended to read:
Subd. 3. [UNCONTESTED JUDICIAL OFFICES.] Judicial
offices for a specific court for which there is only one
candidate filed must appear after all other judicial offices for
that same court on the canary ballot.
Sec. 53. Minnesota Statutes 2004, section 204D.27,
subdivision 5, is amended to read:
Subd. 5. [CANVASS; SPECIAL PRIMARY; STATE CANVASSING
BOARD.] Not later than four days after the returns of the county
canvassing boards are certified to the secretary of state, the
State Canvassing Board shall complete its canvass of the special
primary. The secretary of state shall then promptly certify to
the county auditors the names of the nominated individuals,
prepare notices of nomination, and notify each nominee of the
nomination.
Sec. 54. Minnesota Statutes 2004, section 205.175,
subdivision 2, is amended to read:
Subd. 2. [METROPOLITAN AREA MUNICIPALITIES.] The governing
body of a municipality which is located within a metropolitan
county as defined by section 473.121 included in the definition
of metropolitan area in section 200.02, subdivision 24, may
designate the time during which the polling places will remain
open for voting at the next succeeding and all subsequent
municipal elections, provided that the polling places shall open
no later than 10:00 a.m. and shall close no earlier than 8:00
p.m. The resolution shall remain in force until it is revoked
by the municipal governing body.
Sec. 55. Minnesota Statutes 2004, section 205A.09,
subdivision 1, is amended to read:
Subdivision 1. [METROPOLITAN AREA SCHOOL DISTRICTS.] At a
school district election in a school district located in whole
or in part within a metropolitan county as defined by section
473.121 included in the definition of metropolitan area in
section 200.02, subdivision 24, the school board, by resolution
adopted before giving notice of the election, may designate the
time during which the polling places will remain open for voting
at the next succeeding and all later school district elections.
The polling places must open no later than 10:00 a.m. and close
no earlier than 8:00 p.m. The resolution shall remain in force
until it is revoked by the school board.
Sec. 56. Minnesota Statutes 2004, section 206.57,
subdivision 5, is amended to read:
Subd. 5. [VOTING SYSTEM FOR DISABLED VOTERS.] In federal
and state elections held after December 31, 2005, and in county,
municipal, and school district elections held after December 31,
2007, the voting method used in each polling place must include
a voting system that is accessible for individuals with
disabilities, including nonvisual accessibility for the blind
and visually impaired in a manner that provides the same
opportunity for access and participation, including privacy and
independence, as for other voters.
Sec. 57. Minnesota Statutes 2004, section 208.03, is
amended to read:
208.03 [NOMINATION OF PRESIDENTIAL ELECTORS.]
Presidential electors for the major political parties of
this state shall be nominated by delegate conventions called and
held under the supervision of the respective state central
committees of the parties of this state. On or before primary
election day the chair of the major political party shall
certify to the secretary of state the names of the persons
nominated as presidential electors, the names of eight alternate
presidential electors, and the names of the party candidates for
president and vice-president.
Sec. 58. Minnesota Statutes 2004, section 208.04,
subdivision 1, is amended to read:
Subdivision 1. [FORM OF PRESIDENTIAL BALLOTS.] When
presidential electors and alternates are to be voted for, a vote
cast for the party candidates for president and vice-president
shall be deemed a vote for that party's electors and alternates
as filed with the secretary of state. The secretary of state
shall certify the names of all duly nominated presidential and
vice-presidential candidates to the county auditors of the
counties of the state. Each county auditor, subject to the
rules of the secretary of state, shall cause the names of the
candidates of each major political party and the candidates
nominated by petition to be printed in capital letters, set in
type of the same size and style as for candidates on the state
white ballot, before the party designation. To the left of, and
on the same line with the names of the candidates for president
and vice-president, near the margin, shall be placed a square or
box, in which the voters may indicate their choice by marking an
"X."
The form for the presidential ballot and the relative
position of the several candidates shall be determined by the
rules applicable to other state officers. The state ballot,
with the required heading, shall be printed on the same piece of
paper and shall be below the presidential ballot with a blank
space between one inch in width.
Sec. 59. Minnesota Statutes 2004, section 208.05, is
amended to read:
208.05 [STATE CANVASSING BOARD.]
The State Canvassing Board at its meeting on the second
Tuesday after each state general election shall open and canvass
the returns made to the secretary of state for presidential
electors and alternates, prepare a statement of the number of
votes cast for the persons receiving votes for these offices,
and declare the person or persons receiving the highest number
of votes for each office duly elected. When it appears that
more than the number of persons to be elected as presidential
electors or alternates have the highest and an equal number of
votes, the secretary of state, in the presence of the board
shall decide by lot which of the persons shall be declared
elected. The governor shall transmit to each person declared
elected a certificate of election, signed by the governor,
sealed with the state seal, and countersigned by the secretary
of state.
Sec. 60. Minnesota Statutes 2004, section 208.06, is
amended to read:
208.06 [ELECTORS TO MEET AT CAPITOL; FILLING OF VACANCIES.]
The presidential electors and alternate presidential
electors, before 12:00 M. on the day before that fixed by
Congress for the electors to vote for president and
vice-president of the United States, shall notify the governor
that they are at the State Capitol and ready at the proper time
to fulfill their duties as electors. The governor shall deliver
to the electors present a certificate of the names of all the
electors. If any elector named therein fails to appear before
9:00 a.m. on the day, and at the place, fixed for voting for
president and vice-president of the United States, an alternate,
chosen from among the alternates by lot, shall be appointed to
act for that elector. If more than eight alternates are
necessary, the electors present shall, in the presence of the
governor, immediately elect by ballot a person to fill the
vacancy. If more than the number of persons required have the
highest and an equal number of votes, the governor, in the
presence of the electors attending, shall decide by lot which of
those persons shall be elected.
Sec. 61. Minnesota Statutes 2004, section 208.07, is
amended to read:
208.07 [CERTIFICATE OF ELECTORS.]
Immediately after the vacancies have been filled, the
original electors and alternates present shall certify to the
governor the names of the persons elected to complete their
number, and the governor shall at once cause written notice to
be given to each person elected to fill a vacancy. The persons
so chosen shall be presidential electors and shall meet and act
with the other electors.
Sec. 62. Minnesota Statutes 2004, section 208.08, is
amended to read:
208.08 [ELECTORS TO MEET AT STATE CAPITOL.]
The original, alternate, and substituted presidential
electors, at 12:00 M., shall meet in the executive chamber at
the State Capitol and shall perform all the duties imposed upon
them as electors by the Constitution and laws of the United
States and this state.
Each elector, as a condition of having been chosen under
the name of the party of a presidential and a vice-presidential
candidate, is obligated to vote for those candidates. The
elector shall speak aloud or affirm in a nonverbal manner the
name of the candidate for president and for vice-president for
whom the elector is voting and then confirm that vote by written
public ballot.
If an elector fails to cast a ballot for the presidential
or vice-presidential candidate of the party under whose name the
elector was chosen, the elector's vote or abstention is
invalidated and an alternate presidential elector, chosen by lot
from among the alternates, shall cast a ballot in the name of
the elector for the presidential and vice-presidential candidate
of the party under whose name the elector was chosen. The
invalidation of an elector's vote or abstention on the ballot
for president or vice-president does not apply if the
presidential candidate under whose party's name the elector was
chosen has without condition released the elector or has died or
become mentally disabled.
Sec. 63. Minnesota Statutes 2004, section 211B.13,
subdivision 1, is amended to read:
Subdivision 1. [BRIBERY, ADVANCING MONEY, AND TREATING
PROHIBITED.] A person who willfully, directly or indirectly,
advances, pays, gives, promises, or lends any money, food,
liquor, clothing, entertainment, or other thing of monetary
value, or who offers, promises, or endeavors to obtain any
money, position, appointment, employment, or other valuable
consideration, to or for a person, in order to induce a voter to
refrain from voting, or to vote in a particular way, at an
election, is guilty of a felony. This section does not prevent
a candidate from stating publicly preference for or support of
another candidate to be voted for at the same primary or
election. Refreshments of food or nonalcoholic beverages of
nominal having a value up to $5 consumed on the premises at a
private gathering or public meeting are not prohibited under
this section.
Sec. 64. Minnesota Statutes 2004, section 383B.151, is
amended to read:
383B.151 [FINANCIAL INTEREST FORBIDDEN.]
No official, person authorized to make purchases, or county
employee shall be financially interested, either directly or
indirectly, in any contract or purchase order for any goods,
materials, supplies, equipment or contracted service furnished
to or used by any department, board, commission or agency of the
county government. No public official, person authorized to
make purchases, or county employee may accept or receive,
directly or indirectly from any person, firm or corporation to
which any contract or purchase order may be awarded any money or
anything of value whatsoever or any promise, obligation or
contract for future reward or compensation, except as authorized
under section 10A.071, subdivision 3, or 471.895, subdivision
3. Any violation of the provisions of this section shall be a
gross misdemeanor.
Sec. 65. Minnesota Statutes 2004, section 447.32,
subdivision 4, is amended to read:
Subd. 4. [CANDIDATES; BALLOTS; CERTIFYING ELECTION.] A
person who wants to be a candidate for the hospital board shall
file an affidavit of candidacy for the election either as member
at large or as a member representing the city or town where the
candidate resides. The affidavit of candidacy must be filed
with the city or town clerk not more than ten weeks 70 days nor
less than eight weeks 56 days before the first Tuesday after the
second first Monday in September November of the year in which
the general election is held. The city or town clerk must
forward the affidavits of candidacy to the clerk of the hospital
district or, for the first election, the clerk of the most
populous city or town immediately after the last day of the
filing period. A candidate may withdraw from the election by
filing an affidavit of withdrawal with the clerk of the district
no later than 5:00 p.m. two days after the last day to file
affidavits of candidacy.
Voting must be by secret ballot. The clerk shall prepare,
at the expense of the district, necessary ballots for the
election of officers. Ballots must be printed on tan paper and
prepared as provided in the rules of the secretary of state.
The ballots must be marked and initialed by at least two judges
as official ballots and used exclusively at the election. Any
proposition to be voted on may be printed on the ballot provided
for the election of officers. The hospital board may also
authorize the use of voting systems subject to chapter 206.
Enough election judges may be appointed to receive the votes at
each polling place. The election judges shall act as clerks of
election, count the ballots cast, and submit them to the board
for canvass.
After canvassing the election, the board shall issue a
certificate of election to the candidate who received the
largest number of votes cast for each office. The clerk shall
deliver the certificate to the person entitled to it in person
or by certified mail. Each person certified shall file an
acceptance and oath of office in writing with the clerk within
30 days after the date of delivery or mailing of the
certificate. The board may fill any office as provided in
subdivision 1 if the person elected fails to qualify within 30
days, but qualification is effective if made before the board
acts to fill the vacancy.
Sec. 66. Minnesota Statutes 2004, section 471.895,
subdivision 3, is amended to read:
Subd. 3. [EXCEPTIONS.] (a) The prohibitions in this
section do not apply if the gift is:
(1) a contribution as defined in section 211A.01,
subdivision 5;
(2) services to assist an official in the performance of
official duties, including but not limited to providing advice,
consultation, information, and communication in connection with
legislation, and services to constituents;
(3) services of insignificant monetary value;
(4) a plaque or similar memento recognizing individual
services in a field of specialty or to a charitable cause;
(5) a trinket or memento of insignificant value costing $5
or less;
(6) informational material of unexceptional value; or
(7) food or a beverage given at a reception, meal, or
meeting away from the recipient's place of work by an
organization before whom the recipient appears to make a speech
or answer questions as part of a program.
(b) The prohibitions in this section do not apply if the
gift is given:
(1) because of the recipient's membership in a group, a
majority of whose members are not local officials, and an
equivalent gift is given or offered to the other members of the
group;
(2) by an interested person who is a member of the family
of the recipient, unless the gift is given on behalf of someone
who is not a member of that family; or
(3) by a national or multistate organization of
governmental organizations or public officials, if a majority of
the dues to the organization are paid from public funds, to
attendees at a conference sponsored by that organization, if the
gift is food or a beverage given at a reception or meal and an
equivalent gift is given or offered to all other attendees.
Sec. 67. Minnesota Statutes 2004, section 524.5-310, is
amended to read:
524.5-310 [FINDINGS; ORDER OF APPOINTMENT.]
(a) The court may appoint a limited or unlimited guardian
for a respondent only if it finds by clear and convincing
evidence that:
(1) the respondent is an incapacitated person; and
(2) the respondent's identified needs cannot be met by less
restrictive means, including use of appropriate technological
assistance.
(b) Alternatively, the court, with appropriate findings,
may treat the petition as one for a protective order under
section 524.5-401, enter any other appropriate order, or dismiss
the proceeding.
(c) The court shall grant to a guardian only those powers
necessitated by the ward's limitations and demonstrated needs
and, whenever feasible, make appointive and other orders that
will encourage the development of the ward's maximum
self-reliance and independence. Any power not specifically
granted to the guardian, following a written finding by the
court of a demonstrated need for that power, is retained by the
ward.
(d) Within 14 days after an appointment, a guardian shall
send or deliver to the ward, and counsel if represented at the
hearing, a copy of the order of appointment accompanied by a
notice which advises the ward of the right to appeal the
guardianship appointment in the time and manner provided by the
Rules of Appellate Procedure.
(e) Each year, within 30 days after the anniversary date of
an appointment, a guardian shall send or deliver to the ward a
notice of the right to request termination or modification of
the guardianship and notice of the status of the ward's right to
vote.
Sec. 68. [REPEALER.]
Minnesota Statutes 2004, section 204C.50, subdivision 7, is
repealed.
Minnesota Rules, parts 4501.0300, subparts 1 and 4;
4501.0500, subpart 4; 4501.0600; 4503.0200, subpart 4;
4503.0300, subpart 2; 4503.0400, subpart 2; 4503.0500, subpart
9; and 4503.0800, subpart 1, are repealed.
Presented to the governor May 31, 2005
Signed by the governor June 3, 2005, 4:55 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes