1.1 	A bill for an act
1.2 	relating to state government; appropriating money for
1.3 	the general legislative and administrative expenses of
1.4 	state government; modifying provisions related to
1.5 	state government operations; modifying certain fee and
1.6 	revenue provisions; modifying provisions of various
1.7 	state boards and commissions; requiring studies and
1.8 	reports; facilitating registering to vote and voting;
1.9 	clarifying the definition of campaign expenditure;
1.10 	making certain exceptions to the ban on gifts to
1.11 	public officials; amending Minnesota Statutes 2004,
1.12 	sections 3.9741, subdivision 1; 10A.01, subdivisions
1.13 	9, 35; 10A.071, subdivision 3; 15.06, subdivision 1;
1.14 	16A.055, subdivision 1; 16A.103, subdivisions 1a, 1b;
1.15 	16A.11, subdivision 2; 16B.04, subdivision 2; 16B.48,
1.16 	subdivisions 4, 5; 16C.26, subdivisions 3, 4; 16C.28,
1.17 	subdivision 2; 16E.01, subdivisions 1, 3; 16E.02;
1.18 	16E.03, subdivisions 1, 2, 3, 7; 16E.04; 16E.0465,
1.19 	subdivisions 1, 2; 16E.055; 16E.07, subdivision 8;
1.20 	37.06; 43A.33, subdivision 1; 135A.17, subdivision 2;
1.21 	181.932, by adding a subdivision; 197.608, subdivision
1.22 	5; 201.014, subdivision 2; 201.061, subdivisions 1, 3,
1.23 	by adding a subdivision; 201.071, subdivision 1;
1.24 	201.091, subdivision 4; 201.15; 203B.16, by adding a
1.25 	subdivision; 204B.10, subdivision 6; 204B.24; 204B.27,
1.26 	subdivision 11; 204C.06, subdivision 2; 204C.07,
1.27 	subdivision 4, by adding a subdivision; 204C.08,
1.28 	subdivision 1a; 204C.10; 204C.12, subdivisions 2, 4;
1.29 	299C.65, subdivisions 1, 2; 349A.10, subdivision 3;
1.30 	363A.28, subdivision 6; 363A.35, subdivision 3;
1.31 	403.36, subdivision 1; 471.895, subdivision 3;
1.32 	507.093; 507.24, subdivision 2; 524.5-310; S.F. No.
1.33 	1879, article 10, section 33, if enacted; Laws 1998,
1.34 	chapter 404, section 15, subdivision 2, as amended;
1.35 	proposing coding for new law in Minnesota Statutes,
1.36 	chapters 6; 10; 15; 16E; 190; 641; repealing Minnesota
1.37 	Statutes 2004, sections 16B.48, subdivision 3; 16B.52;
1.38 	16E.0465, subdivision 3; 363A.29, subdivision 2.
1.39 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.40 	ARTICLE 1
1.41 	STATE GOVERNMENT APPROPRIATIONS

1.42 	Section 1. STATE GOVERNMENT APPROPRIATIONS.
 2.1 	The sums in the columns marked "APPROPRIATIONS" are added
2.2 	to, or, if shown in parentheses, are subtracted from the
2.3 	appropriations to the specified agencies in 2005 S.F. No. 1879,
2.4 	article 5, if enacted.  The appropriations are from the general
2.5 	fund, unless another fund is named, and are available for the
2.6 	fiscal year indicated for each purpose.  The figures "2006" and
2.7 	"2007," where used in this article, mean that the additions to
2.8 	or subtractions from the appropriations listed under them are
2.9 	for the fiscal year ending June 30, 2006, or June 30, 2007,
2.10 	respectively.  The "first year" is fiscal year 2006.  The
2.11 	"second year" is fiscal year 2007.  The "biennium" is fiscal
2.12 	years 2006 and 2007.
2.13 	SUMMARY BY FUND
2.14 	2006          2007           TOTAL
2.15 	General                $  804,000     $  475,000     $1,279,000
2.16 	Special Revenue         1,202,000      2,398,000      3,600,000
2.17 	Workers'
2.18 	Compensation              203,000        109,000        312,000
2.19 	For 2005 - $156,000
2.20 	TOTAL                  $2,209,000     $2,982,000 $   $5,191,000
2.21 	APPROPRIATIONS
2.22 	                                       Available for the Year
2.23 	                                           Ending June 30
2.24 	                                          2006         2007

2.25 	Sec. 2. LEGISLATURE
 2.26 		Subdivision 1.Total
2.27 	Appropriation                        $(2,011,000)   $(2,011,000)
2.28 	The amounts that may be spent from this
2.29 	appropriation for each program are
2.30 	specified in the following subdivisions.
2.31 		Subd. 2.House of Representatives
2.32 	(2,261,000)   (2,261,000)
2.33 	The amount of the accumulated house
2.34 	carryforward account balance canceled
2.35 	to the general fund in 2005 S.F. No.
2.36 	1879, article 10, section 2,
2.37 	subdivision 4, if enacted, is increased
2.38 	by $2,311,000.
2.39 		Subd. 3.Legislative
2.40 	Coordinating Commission
2.41 	250,000       250,000
2.42 	Of the amount appropriated in 2005 S.F.
2.43 	No. 1879, article 10, section 2,
3.1 	subdivision 4, if enacted, $10,000 the
3.2 	first year and $10,000 the second year
3.3 	are for the legislators' forum to allow
3.4 	Minnesota legislators to meet with
3.5 	counterparts from South Dakota, North
3.6 	Dakota, and Manitoba to discuss issues
3.7 	of mutual concern.  This appropriation
3.8 	must be matched by an equivalent
3.9 	financial commitment from the other
3.10 	jurisdictions before it is available.
3.11 	$250,000 the first year and $250,000
3.12 	the second year are for the use of the
3.13 	task force established in article 3,
3.14 	section 8, for the purposes in that
3.15 	section.  Of this amount, $32,000 the
3.16 	first year and $33,000 the second year
3.17 	are for a contract with the Legislative
3.18 	Coordinating Commission for the
3.19 	provision of administrative services to
3.20 	the task force, the preparation of
3.21 	requests for proposal, or the
3.22 	disbursement of funds for the payment
3.23 	of vendors, salaries, and other
3.24 	expenses of the task force.  The
3.25 	commission must convene the first
3.26 	meeting of the task force.  This
3.27 	appropriation is available until the
3.28 	task force expires.

3.29 	Sec. 3. GOVERNOR AND
3.30 	LIEUTENANT GOVERNOR                      (89,000)       (90,000)

3.31 	Sec. 4. STATE AUDITOR                   (50,000)       (50,000)

3.32 	Sec. 5. SECRETARY OF STATE                4,000        (24,000)
 3.33 	$14,000 is added to the base
3.34 	appropriation in fiscal year 2009 for
3.35 	challenger training costs.

3.36 	Sec. 6. OFFICE OF ENTERPRISE
3.37 	TECHNOLOGY                             1,803,000      1,803,000
 3.38 	This appropriation includes the amounts
3.39 	appropriated for the division of
3.40 	technology services in the Department
3.41 	of Administration in 2005 S.F. No.
3.42 	1879, article 10, section 9,
3.43 	subdivision 2, if enacted.  The
3.44 	appropriation is transferred to the
3.45 	Office of Enterprise Technology.

3.46 	Sec. 7. ADMINISTRATIVE HEARINGS         465,000        371,000
 3.47 	Summary by Fund
3.48 	General                 262,000       262,000
3.49 	Workers'
3.50 	Compensation            203,000       109,000
3.51 	$203,000 the first year and $109,000
3.52 	the second year are from the workers'
3.53 	compensation fund for technology
3.54 	improvements.  The base appropriation
3.55 	for these improvements is $158,000 in
3.56 	fiscal year 2008 and $165,000 in fiscal
3.57 	year 2009.
3.58 	For fiscal years 2006 and 2007, the
4.1 	Administrative Law Division of the
4.2 	Office of Administrative Hearings shall
4.3 	charge the fees approved by the
4.4 	commissioner of finance under Minnesota
4.5 	Statutes, section 16A.126.

4.6 	Sec. 8. ADMINISTRATION
 4.7 		Subdivision 1.Total
4.8 	Appropriation                         (1,765,000)    (2,065,000)
4.9 	The amounts that may be spent from this
4.10 	appropriation for each program are
4.11 	specified in the following subdivisions.
4.12 		Subd. 2.State Facilities Services
4.13 	$2,000,000 of the balance in the state
4.14 	building code account in the state
4.15 	government special revenue fund is
4.16 	canceled to the general fund.
4.17 	$1,950,000 the first year and
4.18 	$1,950,000 the second year of the
4.19 	balance in the facilities repair and
4.20 	replacement account in the special
4.21 	revenue fund is canceled to the general
4.22 	fund.
4.23 		Subd. 3.State and Community Services
4.24 	(262,000)      (262,000)
4.25 		Subd. 4.Administrative Management Services
4.26 	300,000        -0-
4.27 	$300,000 the first year is for a grant
4.28 	to Assistive Technology of Minnesota.
4.29 	Of this amount, $250,000 is for a
4.30 	microloan program to support the
4.31 	purchase of equipment and devices for
4.32 	people with disabilities and their
4.33 	families and employers and $50,000 is
4.34 	for the Access to Telework program.
4.35 	This appropriation is available until
4.36 	June 30, 2007.
4.37 		Subd. 5.Public Broadcasting
4.38 	Of the amounts appropriated for
4.39 	community service grants to public
4.40 	educational radio stations in 2005 S.F.
4.41 	No. 1879, article 10, section 9,
4.42 	subdivision 6, if enacted, $26,000 the
4.43 	first year and $26,000 the second year
4.44 	are for equipment grants to Minnesota
4.45 	Public Radio, Inc.

4.46 	Sec. 9. FINANCE
 4.47 	No later than June 30, 2006, and June
4.48 	30, 2007, the commissioner of finance,
4.49 	in consultation with the commissioner
4.50 	of administration, must determine the
4.51 	savings attributable to the "Drive to
4.52 	Excellence" in fiscal year 2006 and
4.53 	fiscal year 2007, respectively.  The
4.54 	savings are estimated to be $500,000
4.55 	for the biennium.  The commissioner
4.56 	must deposit the amount determined for
5.1 	each year in the general fund.

5.2 	Sec. 10. REVENUE
 5.3 		Subdivision 1.Total
5.4 	Appropriation                         (2,500,000)    (2,500,000)
5.5 	The amounts that may be spent from this
5.6 	appropriation for each program are
5.7 	specified in the following subdivisions.
5.8 		Subd. 2.Tax System Management
5.9 	(2,075,000)    (2,075,000)
5.10 	Of the amounts appropriated in 2005
5.11 	S.F. No. 1879, article 10, section 13,
5.12 	subdivision 2, if enacted, $30,000 the
5.13 	first year and $30,000 the second year
5.14 	are for preparation of the income tax
5.15 	sample.
5.16 		Subd. 3.Debt Collection Management
5.17 	(425,000)      (425,000)
5.18 	The commissioner, in consultation with
5.19 	other state agencies and local units of
5.20 	government, shall develop
5.21 	recommendations for:  (1) consolidating
5.22 	and coordinating the collection of debt
5.23 	owed to governmental units; (2)
5.24 	eliminating the fragmentation of
5.25 	contracts from government agencies with
5.26 	debtors owing such debts; (3) reducing
5.27 	the cost of collecting debt owed to
5.28 	governmental units; and (4) the
5.29 	collection of substantially larger
5.30 	portions of the debt owed to all
5.31 	government units.
5.32 	The commissioner shall report the
5.33 	recommendations to the governor and the
5.34 	chairs of the legislative committees
5.35 	with jurisdiction over the department
5.36 	by February 15, 2006.

5.37 	Sec. 11. MILITARY AFFAIRS
 5.38 		Subdivision 1.Total
5.39 	Appropriation                          5,713,000      6,230,000
5.40 	Summary by Fund
5.41 	General               5,375,000     5,375,000
5.42 	Special Revenue         338,000       855,000
5.43 	The amounts that may be spent from this
5.44 	appropriation for each program are
5.45 	specified in the following subdivisions.
5.46 		Subd. 2.General Support
5.47 	25,000         25,000
5.48 	$25,000 the first year and $25,000 the
5.49 	second year are for the operation and
5.50 	staffing of the Minnesota National
5.51 	Guard Youth Camp at Camp Ripley.  This
5.52 	appropriation must be matched by
6.1 	nonstate sources.
6.2 		Subd. 3.Enlistment Incentives
6.3 	5,350,000      5,350,000
6.4 	$3,850,000 the first year and
6.5 	$3,850,000 the second year are for the
6.6 	additional amount necessary for full
6.7 	funding of the tuition reimbursement
6.8 	program in Minnesota Statutes, section
6.9 	192.501, subdivision 2.
6.10 	$1,050,000 the first year and
6.11 	$1,050,000 the second year are for
6.12 	reenlistment bonuses under Minnesota
6.13 	Statutes, section 192.501, subdivision
6.14 	1b.
6.15 	$338,000 the first year and $855,000
6.16 	the second year are from the account
6.17 	established in new Minnesota Statutes,
6.18 	section 190.19, for grants under that
6.19 	section.
6.20 	If appropriations for either year of
6.21 	the biennium are insufficient, the
6.22 	appropriation from the other year is
6.23 	available.  The appropriations for
6.24 	enlistment incentives are available
6.25 	until expended.

6.26 	Sec. 12. VETERANS AFFAIRS               425,000        943,000
 6.27 	Summary by Fund
6.28 	General                  88,000        88,000
6.29 	Special Revenue         337,000       855,000
6.30 	The appropriations in 2005 S.F. No.
6.31 	1879, article 10, sections 16, 17, and
6.32 	18, if enacted, are transferred to the
6.33 	commissioner of Veterans Affairs.
6.34 	$103,000 the first year and $103,000
6.35 	the second year are from the general
6.36 	fund, and $337,000 the first year and
6.37 	$855,000 the second year are from the
6.38 	account established in new Minnesota
6.39 	Statutes, section 190.19, for grants to
6.40 	the following veterans' organizations
6.41 	and service organizations for services
6.42 	to veterans:  Veterans of Foreign Wars,
6.43 	the Military Order of the Purple Heart,
6.44 	Disabled American Veterans, Vietnam
6.45 	Veterans of America, Vinland Center,
6.46 	and Minnesota Assistance Council for
6.47 	Veterans.  The money may also be used
6.48 	for an outreach and assistance
6.49 	initiative for underserved veterans.
6.50 	This appropriation includes the base
6.51 	budget funding for Vietnam Veterans of
6.52 	America.

6.53 	Sec. 13. GAMBLING CONTROL               274,000        274,000
 6.54 	The special revenue fund appropriation
6.55 	is made from the lawful gambling
6.56 	regulation account.
7.1 	$274,000 the first year and $274,000
7.2 	the second year are from the special
7.3 	revenue fund for additional gambling
7.4 	compliance regulators, and for upgrades
7.5 	to information technology.

7.6 	Sec. 14. RACING COMMISSION              253,000        414,000
 7.7 	The special revenue fund appropriations
7.8 	are from the racing and card playing
7.9 	regulation account.
7.10 	$156,000 in fiscal year 2005 is from
7.11 	the special revenue fund.  $113,000 of
7.12 	this amount is from the interim license
7.13 	fee authorized by Laws 2003, First
7.14 	Special Session chapter 1, article 2,
7.15 	section 69, to defray the regulatory
7.16 	oversight and legal costs associated
7.17 	with the class A license approved by
7.18 	the commission on January 19, 2005.
7.19 	Any unexpended portion of this
7.20 	appropriation remains available in
7.21 	fiscal year 2006.
7.22 	$253,000 the first year and $414,000
7.23 	the second year are from the special
7.24 	revenue fund.  The appropriation for
7.25 	fiscal year 2007 must be reduced by the
7.26 	amount of money appropriated from the
7.27 	interim license fee for fiscal year
7.28 	2005 that remains unobligated at the
7.29 	end of fiscal year 2006.  The Racing
7.30 	Commission must file monthly
7.31 	expenditure reports with the
7.32 	commissioner of finance for money spent
7.33 	from this appropriation.
7.34 	The Racing Commission may not hire new
7.35 	employees or enter into new contracts
7.36 	with this appropriation before
7.37 	resolution of the petition for judicial
7.38 	review filed by the Columbus Concerned
7.39 	Citizens Group.

7.40 	Sec. 15. AMATEUR SPORTS
7.41 	COMMISSION                              (225,000)      (225,000)
 7.42 	Sec. 16.  2005 S.F. No. 1879, article 10, section 33, if
7.43 	enacted, is amended to read:

7.44 	Sec. 17. GENERAL REDUCTION.
 7.45 	The commissioner of finance shall reduce general fund
7.46 	appropriations to the departments and agencies listed in
7.47 	Minnesota Statutes, section 15.06, subdivision 1, the Office of
7.48 	Enterprise Technology, and the Higher Education Services Office 
7.49 	for state agency operations in the biennium ending June 30,
7.50 	2007, by ~~$14,526,000~~ $9,526,000.  This reduction is intended to
7.51 	reduce each agency's appropriation base.  The commissioner must
7.52 	not reduce appropriations to the Departments of Agriculture,
7.53 	Corrections, Health, Human Services, Military Affairs, Public
8.1 	Safety, Revenue,or Veterans Affairs.

8.2 	Sec. 18. EFFECTIVE DATE.
 8.3 	The appropriations for fiscal year 2005 are available the
8.4 	day following final enactment.

8.5 	ARTICLE 2
8.6 	STATE GOVERNMENT OPERATIONS

8.7 	Section 1. Minnesota Statutes 2004, section 3.9741,
8.8 	subdivision 1, is amended to read:
8.9 		Subdivision 1.Metropolitan commission.  Upon the audit
8.10 	of the financial accounts and affairs of a commission under
8.11 	section 473.595, 473.604, or 473.703, the affected Metropolitan
8.12 	Commission is liable to the state for the total cost and
8.13 	expenses of the audit, including the salaries paid to the
8.14 	examiners while actually engaged in making the examination.  The
8.15 	legislative auditor may bill the Metropolitan Commission either
8.16 	monthly or at the completion of the audit.  All collections
8.17 	received for the audits ~~must be deposited in the general~~
8.18 	~~fund~~ shall be added to the appropriation for the legislative
8.19 	auditor.

8.20 	Sec. 2. [6.755] REPORTS TO THE LEGISLATURE.
8.21 	Section 3.195 applies to the state auditor.  For purposes
8.22 	of determining whether members or employees of the legislature
8.23 	wish to receive reports or publications prepared by the state
8.24 	auditor, the state auditor may send a brief listing of reports
8.25 	to each member.  The state auditor must deliver reports or
8.26 	publications to the legislature electronically whenever it is
8.27 	cost effective.

8.28 	EFFECTIVE DATE. This section is effective the day
8.29 	following final enactment.

8.30 	Sec. 3. [6.79] DUTIES OF STATE AUDITOR; WAIVER OF RULES
8.31 	AND PROCEDURAL LAWS.
8.32 	The state auditor shall:
8.33 	(1) accept applications from local government units for
8.34 	waivers of administrative rules and temporary, limited
8.35 	exemptions from enforcement of procedural requirements in state
8.36 	law, and determine whether to approve, modify, or reject the
9.1 	application; and 
9.2 	(2) accept applications for grants to local government
9.3 	units and related organizations proposing to promote cooperative
9.4 	efforts in public service delivery and determine whether to
9.5 	approve, modify, or reject the application.

9.6 	Sec. 4. [6.80] RULE AND LAW WAIVER REQUESTS.
9.7 		Subdivision 1.Generally. (a) Except as provided in
9.8 	paragraph (b), a local government unit may request the state
9.9 	auditor to grant a waiver from one or more administrative rules
9.10 	or a temporary, limited exemption from enforcement of state
9.11 	procedural laws governing delivery of services by the local
9.12 	government unit.  Two or more local government units may submit
9.13 	a joint application for a waiver or exemption under this section
9.14 	if they propose to cooperate in providing a service or program
9.15 	that is subject to the rule or law.  Before submitting an
9.16 	application to the state auditor, the governing body of the
9.17 	local government unit must approve, in concept, the proposed
9.18 	waiver or exemption at a meeting required to be public under
9.19 	chapter 13D.  A local government unit or two or more units
9.20 	acting jointly may apply for a waiver or exemption on behalf of
9.21 	a nonprofit organization providing services to clients whose
9.22 	costs are paid by the unit or units.  A waiver or exemption
9.23 	granted to a nonprofit organization under this section applies
9.24 	to services provided to all the organization's clients.
9.25 	(b) A school district that is granted a variance from rules
9.26 	of the commissioner of education under section 122A.163, need
9.27 	not apply for a waiver of those rules under this section.  A
9.28 	school district may not seek a waiver of rules under this
9.29 	section if the commissioner of education has authority to grant
9.30 	a variance to the rules under section 122A.163.  This paragraph
9.31 	does not preclude a school district from being included in a
9.32 	cooperative effort with another local government unit under this
9.33 	section.
9.34 	(c) Before petitioning the state auditor's office for an
9.35 	exemption from an administrative rule, the petitioner must have
9.36 	requested and been denied such an exemption from the appropriate
10.1 	agency pursuant to sections 14.055 and 14.056.
10.2 		Subd. 2.Application. A local government unit requesting
10.3 	a waiver of a rule or exemption from enforcement of a law under
10.4 	this section shall present a written application to the state
10.5 	auditor.  The application must include:
10.6 	(1) the name and address of the entity for whom a waiver of
10.7 	a rule or exemption from enforcement of a law is being
10.8 	requested;
10.9 	(2) identification of the service or program at issue;
10.10 	(3) identification of the administrative rule or the law
10.11 	imposing a procedural requirement with respect to which the
10.12 	waiver or exemption is sought;
10.13 	(4) a description of the improved service outcome sought,
10.14 	including an explanation of the effect of the waiver or
10.15 	exemption in accomplishing that outcome, and why that outcome
10.16 	cannot be accomplished under established rules or laws;
10.17 	(5) information on the state auditor's office treatment on
10.18 	similar cases;
10.19 	(6) the name, address, and telephone number of any person,
10.20 	business, or other government unit the petitioner knows would be
10.21 	adversely affected by the grant of the petition; and 
10.22 	(7) a signed statement as to the accuracy of the facts
10.23 	presented.
10.24 	A copy of the application must be provided by the requesting
10.25 	local government unit to the exclusive representative certified
10.26 	under section 179A.12 to represent employees who provide the
10.27 	service or program affected by the requested waiver or exemption.
10.28 		Subd. 3.Review process. (a) Upon receipt of an
10.29 	application from a local government unit, the state auditor
10.30 	shall review the application.  The state auditor shall dismiss
10.31 	an application if the application proposes a waiver of rules or
10.32 	exemption from enforcement of laws that would result in due
10.33 	process violations, violations of federal law or the state or
10.34 	federal constitution, or the loss of services to people who are
10.35 	entitled to them.
10.36 	(b) The state auditor shall determine whether a law from
11.1 	which an exemption for enforcement is sought is a procedural
11.2 	law, specifying how a local government unit is to achieve an
11.3 	outcome, rather than a substantive law prescribing the outcome
11.4 	or otherwise establishing policy.  For the purposes of this
11.5 	section, "procedural law" does not include a statutory notice
11.6 	requirement.  In making the determination, the state auditor
11.7 	shall consider whether the law specifies such requirements as:
11.8 	(1) who must deliver a service;
11.9 	(2) where the service must be delivered;
11.10 	(3) to whom and in what form reports regarding the service
11.11 	must be made; and 
11.12 	(4) how long or how often the service must be made
11.13 	available to a given recipient.
11.14 	(c) If the application is submitted by a local government
11.15 	unit in the metropolitan area or the unit requests a waiver of a
11.16 	rule or temporary, limited exemptions from enforcement of a
11.17 	procedural law over which the Metropolitan Council or a
11.18 	metropolitan agency has jurisdiction, the state auditor shall
11.19 	also transmit a copy of the application to the council for
11.20 	review and comment.  The council shall report its comments to
11.21 	the board within 60 days of the date the application was
11.22 	transmitted to the council.  The council may point out any
11.23 	resources or technical assistance it may be able to provide a
11.24 	local government submitting a request under this section.
11.25 	(d) Within 15 days after receipt of the application, the
11.26 	state auditor shall transmit a copy of it to the commissioner of
11.27 	each agency having jurisdiction over a rule or law from which a
11.28 	waiver or exemption is sought.  The agency may mail a notice
11.29 	that it has received an application for a waiver or exemption to
11.30 	all persons who have registered with the agency under section
11.31 	14.14, subdivision 1a, identifying the rule or law from which a
11.32 	waiver or exemption is requested.  If no agency has jurisdiction
11.33 	over the rule or law, the state auditor shall transmit a copy of
11.34 	the application to the attorney general.  The agency shall
11.35 	inform the state auditor of its agreement with or objection to
11.36 	and grounds for objection to the waiver or exemption request
12.1 	within 60 days of the date when the application was transmitted
12.2 	to it.  An agency's failure to do so is considered agreement to
12.3 	the waiver or exemption.  The state auditor shall decide whether
12.4 	to grant a waiver or exemption at the end of the 60-day response
12.5 	period.  Interested persons may submit written comments to the
12.6 	state auditor on the waiver or exemption request up to the end
12.7 	of the 60-day response period.
12.8 	(e) If the exclusive representative of the affected
12.9 	employees of the requesting local government unit objects to the
12.10 	waiver or exemption request it may inform the state auditor of
12.11 	the objection to and the grounds for the objection to the waiver
12.12 	or exemption request within 60 days of the receipt of the
12.13 	application.
12.14 		Subd. 4.Hearing. If a state agency under subdivision 3,
12.15 	paragraph (d), or the exclusive representative of the affected
12.16 	employees under subdivision 3, paragraph (e), has objected to a
12.17 	waiver or exemption request, the state auditor's office shall
12.18 	set a date for a hearing on the applications.  The hearing must
12.19 	be conducted informally at a time and place determined by all
12.20 	parties.  Persons representing the local government unit shall
12.21 	present their case for the waiver or exemption, and persons
12.22 	representing the agency or the exclusive representative of the
12.23 	affected employees shall explain their objection to it.  The
12.24 	state auditor may request additional information from the local
12.25 	government unit or either objecting party.  The state auditor
12.26 	may also request, either before or at the hearing, information
12.27 	or comments from representatives of business, labor, local
12.28 	governments, state agencies, consultants, and members of the
12.29 	public.  If necessary, the hearing may be continued for a later
12.30 	date.  The state auditor may modify the terms of the waiver or
12.31 	exemption request in arriving at the agreement required under
12.32 	subdivision 5.
12.33 		Subd. 5.Conditions of agreements. (a) In determining
12.34 	whether to grant a petition for a waiver of a rule or exemption
12.35 	from enforcement of a law, the state auditor should consider the
12.36 	following factors:
13.1 	(1) whether there is a true and unique impediment under
13.2 	current law to accomplishing the goal of the local government
13.3 	unit;
13.4 	(2) granting the waiver of a rule or exemption from
13.5 	enforcement of law will only change procedural requirements of a
13.6 	local government unit;
13.7 	(3) the purpose of any rule or law that is waived is still
13.8 	being met in another manner;
13.9 	(4) granting the proposed waiver of a rule or exemption
13.10 	from enforcement of a law would result in a more efficient means
13.11 	of providing government services; and 
13.12 	(5) granting the proposed waiver will not have a
13.13 	significant negative impact on other state government, local
13.14 	government units, businesses, or citizens.
13.15 	(b) If the state auditor grants a request for a waiver or
13.16 	exemption, the state auditor and the local government unit shall
13.17 	enter into an agreement providing for the delivery of the
13.18 	service or program that is the subject of the application.  The
13.19 	agreement must specify desired outcomes, the reasons why the
13.20 	desired outcomes cannot be met under current laws or rules, and
13.21 	the means of measurement by which the state auditor will
13.22 	determine whether the outcomes specified in the agreement have
13.23 	been met.  The agreement must specify the duration of the waiver
13.24 	or exemption.  The duration of a waiver from an administrative
13.25 	rule may be for no less than two years and no more than four
13.26 	years, subject to renewal if both parties agree.  An exemption
13.27 	from enforcement of a law terminates ten days after adjournment
13.28 	of the regular legislative session held during the calendar year
13.29 	following the year when the exemption is granted, unless the
13.30 	legislature has acted to extend or make permanent the exemption.
13.31 	(c) The state auditor must report any grants of waivers or
13.32 	exemptions to the legislature, including the chairs of the
13.33 	governmental operations and appropriate policy committees in the
13.34 	house and senate, and the governor within 30 days.
13.35 	(d) The state auditor may reconsider or renegotiate the
13.36 	agreement if the rule or law affected by the waiver or exemption
14.1 	is amended or repealed during the term of the original
14.2 	agreement.  A waiver of a rule under this section has the effect
14.3 	of a variance granted by an agency under section 14.055.  A
14.4 	local unit of government that is granted an exemption from
14.5 	enforcement of a procedural requirement in state law under this
14.6 	section is exempt from that law for the duration of the
14.7 	exemption.  The state auditor may require periodic reports from
14.8 	the local government unit, or conduct investigations of the
14.9 	service or program.
14.10 		Subd. 6.Enforcement. If the state auditor finds that
14.11 	the local government unit is failing to comply with the terms of
14.12 	the agreement under subdivision 5, the state auditor may rescind
14.13 	the agreement.  Upon the rescission, the local unit of
14.14 	government becomes subject to the rules and laws covered by the
14.15 	agreement.
14.16 		Subd. 7.Access to data. If a local government unit,
14.17 	through a cooperative program under this section, gains access
14.18 	to data collected, created, received, or maintained by another
14.19 	local government that is classified as not public, the unit
14.20 	gaining access is governed by the same restrictions on access to
14.21 	and use of the data as the unit that collected, created,
14.22 	received, or maintained the data.

14.23 	Sec. 5. [6.81] GRANTS PROMOTING COOPERATIVE EFFORTS IN
14.24 	PUBLIC SERVICE DELIVERY.
14.25 		Subdivision 1.Board. A cooperative grants board chaired
14.26 	by the state auditor, and made up of two members of the
14.27 	Minnesota house of representatives and two members of the
14.28 	Minnesota senate shall review applications for cooperative
14.29 	efforts in public service delivery made by local units of
14.30 	government for years in which funds have been appropriated for
14.31 	such a purpose.  The state auditor, with the advice of the
14.32 	board, shall approve the applications.
14.33 	The speaker of the house of representatives and the house
14.34 	of representatives minority leader shall each appoint a member
14.35 	to the board.  The senate majority leader and the senate
14.36 	minority leader shall each appoint a member to the board.
15.1 		Subd. 2.Grants. Two or more local government units; an
15.2 	association of local governments; a local unit of government
15.3 	acting in conjunction with the Metropolitan Council, an
15.4 	organization, or a state agency; or an organization formed by
15.5 	two or more local units of government under a joint powers
15.6 	agreement may apply to the board for a grant to be used to
15.7 	develop a plan for intergovernmental cooperation in providing
15.8 	services.
15.9 	The purpose of the grants is to promote cooperative efforts
15.10 	in public service delivery by local units of government and
15.11 	include, but are not limited to, covering the initial start-up
15.12 	costs of a cooperative effort and costs associated with planning
15.13 	and integrating a service or function provided by two or more
15.14 	local government units.  Agreements solely to make joint
15.15 	purchases are not sufficient to qualify under this section.
15.16 	The application to the board must state what other sources
15.17 	of funding have been considered by the local units of government
15.18 	to implement the project and explain why it is not possible to
15.19 	complete the project without assistance from the board.  The
15.20 	state auditor may not award a grant if it determines that the
15.21 	local units of government could complete the project without
15.22 	board assistance.  A copy of the application must be submitted
15.23 	by the applicants to the exclusive representatives certified
15.24 	under section 179A.12 to represent employees who provide the
15.25 	service or program affected by the application.
15.26 	The state auditor shall award grants on the basis of each
15.27 	qualified applicant's score under the scoring system in
15.28 	subdivision 4.  The amount of a grant under this section may not
15.29 	exceed $50,000.
15.30 		Subd. 3.Repayment of grants. If the state auditor finds
15.31 	that the grantee has failed to implement the plan according to
15.32 	the terms of the grant agreement, it may require the grantee to
15.33 	repay all or a portion of the grant.  All grant money repaid to
15.34 	the state under this section is appropriated to the board for
15.35 	additional grants.
15.36 		Subd. 4.Cooperative grants scoring system. In deciding
16.1 	whether to award a grant promoting cooperative efforts in public
16.2 	service delivery, the board shall use the following scoring
16.3 	system:
16.4 	(1) up to 15 points shall be awarded to reflect the extent
16.5 	to which the application demonstrates creative thinking, careful
16.6 	planning, cooperation, involvement of the clients of the
16.7 	affected service, and commitment to assume risk;
16.8 	(2) up to 20 points shall be awarded to reflect the extent
16.9 	to which the proposed project is likely to improve the quality
16.10 	of the service and to have benefits for other local governments;
16.11 	(3) up to 15 points shall be awarded to reflect the extent
16.12 	to which the application's budget provides sufficient detail,
16.13 	maximizes the use of state funds, documents the need for
16.14 	financial assistance, commits to local financial support, and
16.15 	limits expenditures to essential activities;
16.16 	(4) up to 20 points shall be awarded to reflect the extent
16.17 	to which the application reflects the statutory goal of the
16.18 	grant program;
16.19 	(5) up to 15 points shall be awarded to reflect the merit
16.20 	of the proposed project and the extent to which it warrants the
16.21 	state's financial participation;
16.22 	(6) up to five points shall be awarded to reflect the
16.23 	cost/benefit ratio projected for the proposed project;
16.24 	(7) up to five points shall be awarded to reflect the
16.25 	number of government units participating in the proposal; and 
16.26 	(8) up to five points shall be awarded to reflect the
16.27 	minimum length of time the application commits to implementation.

16.28 	Sec. 6. [10.60] PUBLIC WEB SITES.
16.29 		Subdivision 1.Application. This section applies to a
16.30 	Web site that is:
16.31 	(1) maintained on the World Wide Web;
16.32 	(2) available for unrestricted public access; and 
16.33 	(3) maintained with public money by an elected or appointed
16.34 	official of a state agency or political subdivision.
16.35 		Subd. 2.Purpose of web site. The Web site must provide
16.36 	information about the duties and jurisdiction of a public
17.1 	official or government organization and facilitate access to
17.2 	public services.  All material on the Web site must be directly
17.3 	related to the legal functions, duties, and jurisdiction of the
17.4 	public official or organization.
17.5 		Subd. 3.Photographs; biography. An elected or appointed
17.6 	official may include one photograph of the official on the Web
17.7 	site.  The official may not include any other photograph with
17.8 	the official's image on the Web site.  The Web site may also
17.9 	include biographical information about the official.
17.10 		Subd. 4.Policy information. An elected or appointed
17.11 	official may include on the Web site press releases, proposals,
17.12 	policy positions, and other information directly related to the
17.13 	official's legal duties and jurisdiction.
17.14 		Subd. 5.Links. The Web site must not include electronic
17.15 	links to or information about Web sites maintained by
17.16 	individuals or political organizations.

17.17 	Sec. 7. [10.61] PERMISSIBLE PUBLICATIONS; PICTURE.
17.18 	An elected or appointed official of a state agency or
17.19 	political subdivision may use public money to print a
17.20 	publication for public circulation if the publication is
17.21 	authorized by law or directly related to statutory duties and
17.22 	jurisdiction of the official.  The publication may include one
17.23 	photograph of the elected or appointed official who is directly
17.24 	responsible for the duties relevant to the publication, but must
17.25 	not include any other photograph that includes an image of the
17.26 	official.  The publication must not include the words "with the
17.27 	compliments of" or "greetings from," or other similar words with
17.28 	the official's name or photograph.

17.29 	Sec. 8. [15.175] CERTAIN EMPLOYEE RECORDS.
17.30 	(a) Data, records, files, and all written or electronic
17.31 	materials of, or relating to, a state employee who is
17.32 	involuntarily terminated from employment with a state agency
17.33 	must be preserved for a period of at least two years after the
17.34 	employee's termination from employment, or a longer period as
17.35 	required under section 138.17.  A state employee who has been
17.36 	terminated may request the opportunity to review all data
18.1 	covered by this section.  An agency responding to a request made
18.2 	under this section must provide a response within ten days after
18.3 	receiving a written request.  This paragraph does not apply to
18.4 	an individual named on a layoff list prepared under chapter 43A.
18.5 	(b) If a state agency terminates an employee subject to the
18.6 	protections in paragraph (a), the agency may provide the
18.7 	employee with written notice of the employee's right to review
18.8 	the data protected by paragraph (a).  The notice must inform the
18.9 	employee that the employee has ten business days from the day
18.10 	the employee acknowledges the receipt of the notice to review
18.11 	the data.  The notice must provide the name of a contact person
18.12 	within the agency who will make the data available to the
18.13 	employee for review.  The agency may dispose of the data without
18.14 	reference to paragraph (a) ten business days or more after
18.15 	notifying the employee.
18.16 	(c) A state agency that destroys, shreds, or alters data,
18.17 	records, files, or materials in violation of this requirement is
18.18 	liable to the employee for damages resulting from that
18.19 	violation, plus costs and reasonable attorney fees incurred by
18.20 	the employee in enforcing the employee's rights under this
18.21 	section.  In addition, the employee is also entitled to
18.22 	reinstatement to the position from which the employee was
18.23 	terminated, plus reimbursement for lost wages and health and
18.24 	retirement benefits if the records or data were relevant and
18.25 	material to the employee's termination of employment or the
18.26 	employee's claim for wrongful termination of employment.

18.27 	Sec. 9. Minnesota Statutes 2004, section 16A.055,
18.28 	subdivision 1, is amended to read:
18.29 		Subdivision 1.List. (a) The commissioner shall:
18.30 	(1) receive and record all money paid into the state
18.31 	treasury and safely keep it until lawfully paid out;
18.32 	(2) manage the state's financial affairs;
18.33 	(3) keep the state's general account books according to
18.34 	generally accepted government accounting principles;
18.35 	(4) keep expenditure and revenue accounts according to
18.36 	generally accepted government accounting principles;
19.1 	(5) develop, provide instructions for, prescribe, and
19.2 	manage a state uniform accounting system;
19.3 	(6) provide to the state the expertise to ensure that all
19.4 	state funds are accounted for under generally accepted
19.5 	government accounting principles; and
19.6 	(7) coordinate the development of, and maintain standards
19.7 	for, internal auditing in state agencies and, in cooperation
19.8 	with the commissioner of administration, report to the
19.9 	legislature and the governor by January 31 of odd-numbered
19.10 	years, on progress made.
19.11 	(b) As part of the comprehensive annual financial report,
19.12 	the commissioner shall list any laws that require the state's
19.13 	general fund budget not to be reported in accordance with
19.14 	generally accepted government accounting principles.

19.15 	Sec. 10. Minnesota Statutes 2004, section 16A.103,
19.16 	subdivision 1a, is amended to read:
19.17 		Subd. 1a.Forecast parameters.  The forecast must assume
19.18 	the continuation of current laws and reasonable estimates of
19.19 	projected growth in the national and state economies and
19.20 	affected populations.  Revenue must be estimated for all sources
19.21 	provided for in current law.  Expenditures must be estimated for
19.22 	all obligations imposed by law and those projected to occur as a
19.23 	result of variables outside the control of the
19.24 	legislature. ~~Expenditure estimates must not include an~~
19.25 	~~allowance for inflation.~~Expenditures projected to occur as a
19.26 	result of deflation or inflation must be separately stated as a
19.27 	note for each forecasted program, but shall not constitute a
19.28 	forecast adjustment for purposes of section 16A.11, subdivision
19.29 	3, paragraph (b).

19.30 	Sec. 11. Minnesota Statutes 2004, section 16A.103,
19.31 	subdivision 1b, is amended to read:
19.32 		Subd. 1b.Forecast variable.  In determining the amount
19.33 	of state bonding as it affects debt service, the calculation of
19.34 	investment income, and the other variables to be included in the
19.35 	expenditure part of the forecast, the commissioner must consult
19.36 	with the chairs and lead minority members of the senate ~~State~~
20.1 	~~Government~~ Finance Committee and the house Ways and Means
20.2 	Committee, and legislative fiscal staff.  This consultation must
20.3 	occur at least three weeks before the forecast is to be
20.4 	released.  No later than two weeks prior to the release of the
20.5 	forecast, the commissioner must inform the chairs and lead
20.6 	minority members of the senate ~~State Government~~ Finance
20.7 	Committee and the house Ways and Means Committee, and
20.8 	legislative fiscal staff of any changes in these variables from
20.9 	the previous forecast.

20.10 	Sec. 12. Minnesota Statutes 2004, section 16A.11,
20.11 	subdivision 2, is amended to read:
20.12 		Subd. 2.Part one:  message.  Part one of the budget, the
20.13 	governor's message, shall include the governor's recommendations
20.14 	on the financial policy of the state for the coming biennium,
20.15 	describing the important features of the budget plan, embracing
20.16 	a general budget summary setting forth the aggregate figures of
20.17 	the budget so as to show the balanced relation between the total
20.18 	proposed expenditures and the total anticipated income, with the
20.19 	basis and factors on which the estimates are made, the amount to
20.20 	be borrowed, and other means of financing the budget for the
20.21 	coming biennium, compared with the corresponding figures for at
20.22 	least the last two completed fiscal years and the current year.
20.23 	The budget plan must include recommendations on how to bring the
20.24 	budget into compliance with generally accepted governmental
20.25 	accounting principles.The budget plan shall be supported by
20.26 	explanatory schedules or statements, classifying its
20.27 	expenditures by agencies and funds, and the income by agencies,
20.28 	sources, funds, and the proposed amount of new borrowing, as
20.29 	well as proposed new tax or revenue sources.  The budget plan
20.30 	shall be submitted for all special and dedicated funds, as well
20.31 	as the general fund, and shall include the estimated amounts of
20.32 	federal aids, for whatever purpose provided, together with
20.33 	estimated expenditures from them.
20.34 	
EFFECTIVE DATE. This section is effective the day
20.35 	following final enactment.

20.36 	Sec. 13. Minnesota Statutes 2004, section 16C.26,
21.1 	subdivision 3, is amended to read:
21.2 		Subd. 3.Publication of notice; expenditures over
21.3 	~~$15,000~~ $25,000.  If the amount of an expenditure is estimated
21.4 	to exceed ~~$15,000~~ $25,000, ~~sealed~~ bids must be solicited by
21.5 	public notice ~~inserted at least once in a newspaper or trade~~
21.6 	~~journal not less than seven days before the final date of~~
21.7 	~~submitting bids~~ in a manner designated by the commissioner. ~~The~~
21.8 	~~commissioner shall designate the newspaper or trade journal for~~
21.9 	~~that publication and may designate different newspapers or~~
21.10 	~~journals according to the nature of the purchase or~~
21.11 	~~contract.~~To the extent practical, this must include posting on
21.12 	a state Web site.  For expenditures over $50,000,the
21.13 	commissioner shall ~~also~~ solicit sealed bids by ~~sending~~ providing 
21.14 	notices ~~by mail~~ to all prospective bidders known to the
21.15 	commissioner ~~and~~ by posting notice on ~~a public bulletin board in~~
21.16 	~~the commissioner's office~~ a state Web site at least ~~five~~ seven 
21.17 	days before the final date of submitting bids.  All bids over
21.18 	$50,000 must be sealed when they are received and must be opened
21.19 	in public at the hour stated in the notice.  All original bids
21.20 	and all documents pertaining to the award of a contract must be
21.21 	retained and made a part of a permanent file or record and
21.22 	remain open to public inspection.

21.23 	Sec. 14. Minnesota Statutes 2004, section 16C.26,
21.24 	subdivision 4, is amended to read:
21.25 		Subd. 4.Building and construction contracts;
21.26 	~~$15,000~~ $50,000 or less. ~~All contracts, the amount of which is~~
21.27 	~~estimated to be $15,000 or less, may be made either upon~~
21.28 	~~competitive bids or in the open market, in the discretion of the~~
21.29 	~~commissioner.  So far as practicable, however, they must be~~
21.30 	~~based on at least three competitive bids which must be~~
21.31 	~~permanently recorded.~~An informal bid may be used for building,
21.32 	construction, and repair contracts that are estimated at less
21.33 	than $50,000.  Informal bids must be authenticated by the bidder
21.34 	in a manner specified by the commissioner.

21.35 	Sec. 15. Minnesota Statutes 2004, section 16C.28,
21.36 	subdivision 2, is amended to read:
22.1 		Subd. 2.Alterations and erasures.  A bid containing an
22.2 	alteration or erasure of any price contained in the bid which is
22.3 	used in determining the lowest responsible bid must be rejected
22.4 	unless the alteration or erasure is corrected ~~under this~~
22.5 	~~subdivision~~ in a manner that is clear and authenticated by an
22.6 	authorized representative of the responder.  An alteration or
22.7 	erasure may be crossed out and the correction printed in ink or
22.8 	typewritten adjacent to it and initialed ~~in ink by the person~~
22.9 	~~signing the bid~~ by an authorized representative of the responder.

22.10 	Sec. 16. Minnesota Statutes 2004, section 37.06, is
22.11 	amended to read:
22.12 	37.06 SECRETARY; LEGISLATIVE AUDITOR; DUTIES; REPORT.
22.13 	The secretary shall keep a complete record of the
22.14 	proceedings of the annual meetings of the State Agricultural
22.15 	Society and all meetings of the board of managers and any
22.16 	committee of the board, keep all accounts of the society other
22.17 	than those kept by the treasurer of the society, and perform
22.18 	other duties as directed by the board of managers.  On or before
22.19 	December 31 each year, the secretary shall report to the
22.20 	governor for the fiscal year ending October 31 all the
22.21 	proceedings of the society during the current year and its
22.22 	financial condition as appears from its books.  This report must
22.23 	contain a full, detailed statement of all receipts and
22.24 	expenditures during the year.
22.25 	The books and accounts of the society for the fiscal year
22.26 	must be examined and audited annually by the legislative
22.27 	auditor.  The cost of the examination must be paid by the
22.28 	society to the state and credited to the ~~general fund~~ 
22.29 	appropriation for the legislative auditor.
22.30 	A summary of this examination, certified by the legislative
22.31 	auditor, must be appended to the secretary's report, along with
22.32 	the legislative auditor's recommendations and the proceedings of
22.33 	the first annual meeting of the society held following the
22.34 	secretary's report, including addresses made at the meeting as
22.35 	directed by the board of managers.  The summary,
22.36 	recommendations, and proceedings must be printed in the same
23.1 	manner as the reports of state officers.  Copies of the report
23.2 	must be printed annually and distributed as follows:  to each
23.3 	society or association entitled to membership in the society, to
23.4 	each newspaper in the state, and the remaining copies as
23.5 	directed by the board of managers.

23.6 	Sec. 17. Minnesota Statutes 2004, section 43A.33,
23.7 	subdivision 1, is amended to read:
23.8 		Subdivision 1.Discharge, suspension, demotion for cause,
23.9 	salary decrease.  Managers and employees shall attempt to
23.10 	resolve disputes through informal means prior to the initiation
23.11 	of disciplinary action.  No permanent employee in the classified
23.12 	service shall be reprimanded, discharged, suspended without pay,
23.13 	or demoted, except for just cause. The discharge of an employee
23.14 	from unclassified service who is on leave from the classified
23.15 	service does not affect or rescind the application of the
23.16 	procedures under this section to the discharge, if any, of the
23.17 	employee from the classified service.

23.18 	Sec. 18. Minnesota Statutes 2004, section 181.932, is
23.19 	amended by adding a subdivision to read:
23.20 		Subd. 1a.Public employers. (a) The state, including a
23.21 	state postsecondary educational institution or a political
23.22 	subdivision of the state as defined in section 6.56, subdivision
23.23 	1, may not discharge, discipline, threaten, penalize, or
23.24 	otherwise discriminate against an employee regarding the
23.25 	employee's compensation, terms, conditions, location, or
23.26 	privileges of employment because the employee, in good faith,
23.27 	reports or is in the process of preparing a report regarding
23.28 	serious waste, inefficiency, or mismanagement in the employee's
23.29 	place of employment that diminishes the value the public
23.30 	receives from the employer, even though the waste, inefficiency,
23.31 	or mismanagement reported does not in itself violate any federal
23.32 	or state law or rule.
23.33 	(b) An employee contesting disciplinary action under
23.34 	paragraph (a) for the preparation of a report that was not
23.35 	submitted before the discipline must demonstrate the occurrence
23.36 	of the violation by clear and convincing evidence.

24.1 	Sec. 19. [190.19] MINNESOTA "SUPPORT OUR TROOPS"
24.2 	ACCOUNT.
24.3 		Subdivision 1.Establishment. The Minnesota "Support Our
24.4 	Troops" account is established in the special revenue fund.  The
24.5 	account shall consist of contributions from private sources and
24.6 	appropriations.
24.7 		Subd. 2.Grants. (a) The adjutant general may use money
24.8 	appropriated from the Minnesota "Support Our Troops" account for
24.9 	grants:
24.10 	(1) directly to eligible individuals; or 
24.11 	(2) to one or more eligible foundations for the purpose of
24.12 	making grants to eligible individuals, as provided in this
24.13 	section.
24.14 	(b) The term, "eligible individual" includes any person who
24.15 	is:
24.16 	(1) a member of the Minnesota National Guard or a reserve
24.17 	unit based in Minnesota who has been called to active service as
24.18 	defined in section 190.05, subdivision 5;
24.19 	(2) a Minnesota resident who is a member of a military
24.20 	reserve unit not based in Minnesota, if the member is called to
24.21 	active service as defined in section 190.05, subdivision 5;
24.22 	(3) any other Minnesota resident performing active service
24.23 	for any branch of the military of the United States; and 
24.24 	(4) members of the immediate family of an individual
24.25 	identified in clause (1), (2), or (3).  For purposes of this
24.26 	clause, "immediate family" means the individual's spouse and
24.27 	minor children and, if they are dependents of the member of the
24.28 	military, the member's parents, grandparents, siblings,
24.29 	stepchildren, and adult children.
24.30 	(c) The term "eligible foundation" includes any
24.31 	organization that:
24.32 	(1) is a tax-exempt organization under section 501(c)(3) of
24.33 	the Internal Revenue Code;
24.34 	(2) has articles of incorporation under chapter 317A
24.35 	specifying the purpose of the organization as including the
24.36 	provision of financial assistance to members of the Minnesota
25.1 	National Guard and other United States armed forces reserves and
25.2 	their families and survivors; and 
25.3 	(3) agrees in writing to distribute any grant money
25.4 	received from the adjutant general under this section to
25.5 	eligible individuals as defined in this section and in
25.6 	accordance with any written policies and rules the adjutant
25.7 	general may impose as conditions of the grant to the foundation.
25.8 	(d) The maximum grant awarded to an eligible individual in
25.9 	a calendar year with funds from the Minnesota "Support Our
25.10 	Troops" account, either through an eligible institution or
25.11 	directly from the adjutant general, may not exceed $2,000.
25.12 		Subd. 3.Annual report. The adjutant general must report
25.13 	by February 1, 2007, and each year thereafter, to the chairs and
25.14 	ranking minority members of the legislative committees and
25.15 	divisions with jurisdiction over military and veterans' affairs
25.16 	on the number, amounts, and use of grants made by the adjutant
25.17 	general from the Minnesota "Support Our Troops" account in the
25.18 	previous year.

25.19 	Sec. 20. Minnesota Statutes 2004, section 197.608,
25.20 	subdivision 5, is amended to read:
25.21 		Subd. 5.Qualifying uses.  The commissioner shall consult
25.22 	with the Minnesota Association of County Veterans Service
25.23 	Officers in developing a list of qualifying uses for grants
25.24 	awarded under this program. The commissioner is authorized to
25.25 	use any unexpended funding for this program to provide training
25.26 	and education for county veterans service officers.
25.27 	
EFFECTIVE DATE. This section is effective the day
25.28 	following enactment.

25.29 	Sec. 21. Minnesota Statutes 2004, section 349A.10,
25.30 	subdivision 3, is amended to read:
25.31 		Subd. 3.Lottery operations.  (a) The director shall
25.32 	establish a lottery operations account in the lottery fund.  The
25.33 	director shall pay all costs of operating the lottery, including
25.34 	payroll costs or amounts transferred to the state treasury for
25.35 	payroll costs, but not including lottery prizes, from the
25.36 	lottery operating account.  The director shall credit to the
26.1 	lottery operations account amounts sufficient to pay the
26.2 	operating costs of the lottery.
26.3 	(b) Except as provided in paragraph (e), the director may
26.4 	not credit in any fiscal year thereafter amounts to the lottery
26.5 	operations account which when totaled exceed ~~15~~ nine percent of
26.6 	gross revenue to the lottery fund in that fiscal year.  In
26.7 	computing total amounts credited to the lottery operations
26.8 	account under this paragraph the director shall disregard
26.9 	amounts transferred to or retained by lottery retailers as sales
26.10 	commissions or other compensation.
26.11 	(c) The director of the lottery may not expend after July
26.12 	1, 1991, more than 2-3/4 percent of gross revenues in a fiscal
26.13 	year for contracts for the preparation, publication, and
26.14 	placement of advertising.
26.15 	(d) Except as the director determines, the lottery is not
26.16 	subject to chapter 16A relating to budgeting, payroll, and the
26.17 	purchase of goods and services.
26.18 	(e) In addition to the amounts credited to the lottery
26.19 	operations account under paragraph (b), the director is
26.20 	authorized, if necessary, to meet the current obligations of the
26.21 	lottery and to credit up to 25 percent of an amount equal to the
26.22 	average annual amount which was authorized to be credited to the
26.23 	lottery operations account for the previous three fiscal years
26.24 	but was not needed to meet the obligations of the lottery.

26.25 	Sec. 22. Minnesota Statutes 2004, section 363A.28,
26.26 	subdivision 6, is amended to read:
26.27 		Subd. 6.Charge processing. ~~(1)~~ (a) Consistent with
26.28 	~~clause (7)~~ paragraph (g), the commissioner shall promptly
26.29 	inquire into the truth of the allegations of the charge.  The
26.30 	commissioner shall make an immediate inquiry when a charge
26.31 	alleges actual or threatened physical violence.  The
26.32 	commissioner shall also make an immediate inquiry when it
26.33 	appears that a charge is frivolous or without merit and shall
26.34 	dismiss those charges.
26.35 	The commissioner shall give priority to investigating and
26.36 	processing those charges, in the order below, which the
27.1 	commissioner determines have the following characteristics:
27.2 	~~(a)~~ (1) there is evidence of irreparable harm if immediate
27.3 	action is not taken;
27.4 	~~(b)~~ (2) there is evidence that the respondent has
27.5 	intentionally engaged in a reprisal;
27.6 	~~(c)~~ (3) a significant number of recent charges have been
27.7 	filed against the respondent;
27.8 	~~(d)~~ (4) the respondent is a government entity;
27.9 	~~(e)~~ (5) there is potential for broadly promoting the
27.10 	policies of this chapter; or
27.11 	~~(f)~~ (6) the charge is supported by substantial and credible
27.12 	documentation, witnesses, or other evidence.
27.13 	The commissioner shall inform charging parties of these
27.14 	priorities and shall tell each party if their charge is a
27.15 	priority case or not.
27.16 	On other charges the commissioner shall make a
27.17 	determination within 12 months after the charge was filed as to
27.18 	whether or not there is probable cause to credit the allegation
27.19 	of unfair discriminatory practices~~, and~~ .  The amount of time
27.20 	during which another enforcement agency is investigating a case
27.21 	under a work-sharing agreement is not counted in computing the
27.22 	12-month period, provided that the commissioner makes a
27.23 	determination within 24 months after the charge is filed.
27.24 	~~(2)~~ (b) If the commissioner determines after investigation
27.25 	that no probable cause exists to credit the allegations of the
27.26 	unfair discriminatory practice, the commissioner shall, within
27.27 	ten days of the determination, serve upon the charging party and
27.28 	respondent written notice of the determination.  Within ten days
27.29 	after receipt of notice, the charging party may request in
27.30 	writing, on forms prepared by the department, that the
27.31 	commissioner reconsider the determination.  The request shall
27.32 	contain a brief statement of the reasons for and new evidence in
27.33 	support of the request for reconsideration.  At the time of
27.34 	submission of the request to the commissioner, the charging
27.35 	party shall deliver or mail to the respondent a copy of the
27.36 	request for reconsideration.  The commissioner shall reaffirm,
28.1 	reverse, or vacate and remand for further consideration the
28.2 	determination of no probable cause within 20 days after receipt
28.3 	of the request for reconsideration, and shall within ten days
28.4 	notify in writing the charging party and respondent of the
28.5 	decision to reaffirm, reverse, or vacate and remand for further
28.6 	consideration.
28.7 	A decision by the commissioner that no probable cause
28.8 	exists to credit the allegations of an unfair discriminatory
28.9 	practice shall not be appealed to the Court of Appeals pursuant
28.10 	to section 363A.36 or sections 14.63 to 14.68.
28.11 	~~(3)~~ (c) If the commissioner determines after investigation
28.12 	that probable cause exists to credit the allegations of unfair
28.13 	discriminatory practices, the commissioner shall serve on the
28.14 	respondent and the respondent's attorney if the respondent is
28.15 	represented by counsel, by first class mail, a notice setting
28.16 	forth a short plain written statement of the alleged facts which
28.17 	support the finding of probable cause and an enumeration of the
28.18 	provisions of law allegedly violated.  If the commissioner
28.19 	determines that attempts to eliminate the alleged unfair
28.20 	practices through conciliation pursuant to subdivision 8 have
28.21 	been or would be unsuccessful or unproductive, the commissioner
28.22 	shall issue a complaint and serve on the respondent, by
28.23 	registered or certified mail, a written notice of hearing
28.24 	together with a copy of the complaint, requiring the respondent
28.25 	to answer the allegations of the complaint at a hearing before
28.26 	an administrative law judge at a time and place specified in the
28.27 	notice, not less than ten days after service of said complaint.
28.28 	A copy of the notice shall be furnished to the charging party
28.29 	and the attorney general.
28.30 	~~(4)~~ (d) If, at any time after the filing of a charge, the
28.31 	commissioner has reason to believe that a respondent has engaged
28.32 	in any unfair discriminatory practice, the commissioner may file
28.33 	a petition in the district court in a county in which the
28.34 	subject of the complaint occurs, or in a county in which a
28.35 	respondent resides or transacts business, seeking appropriate
28.36 	temporary relief against the respondent, pending final
29.1 	determination of proceedings under this chapter, including an
29.2 	order or decree restraining the respondent from doing or
29.3 	procuring an act tending to render ineffectual an order the
29.4 	commissioner may enter with respect to the complaint.  The court
29.5 	shall have power to grant temporary relief or a restraining
29.6 	order as it deems just and proper, but no relief or order
29.7 	extending beyond ten days shall be granted except by consent of
29.8 	the respondent or after hearing upon notice to the respondent
29.9 	and a finding by the court that there is reasonable cause to
29.10 	believe that the respondent has engaged in a discriminatory
29.11 	practice.  Except as modified by subdivisions 1 to 9 and section
29.12 	363A.06, subdivision 4, the Minnesota Rules of Civil Procedure
29.13 	shall apply to an application, and the district court shall have
29.14 	authority to grant or deny the relief sought on conditions as it
29.15 	deems just and equitable.  All hearings under subdivisions 1 to
29.16 	9 and section 363A.06, subdivision 4, shall be given precedence
29.17 	as nearly as practicable over all other pending civil actions.
29.18 	~~(5)~~ (e) If a lessor, after engaging in a discriminatory
29.19 	practice defined in section 363A.09, subdivision 1, clause (a),
29.20 	leases or rents a dwelling unit to a person who has no knowledge
29.21 	of the practice or of the existence of a charge with respect to
29.22 	the practice, the lessor shall be liable for actual damages
29.23 	sustained by a person by reason of a final order as provided in
29.24 	subdivisions 1 to 9 and section 363A.06, subdivision 4,
29.25 	requiring the person to be evicted from the dwelling unit.
29.26 	~~(6)~~ (f) In any complaint issued under subdivisions 1 to 9
29.27 	and section 363A.06, subdivision 4, the commissioner may seek
29.28 	relief for a class of individuals affected by an unfair
29.29 	discriminatory practice occurring on or after a date one year
29.30 	prior to the filing of the charge from which the complaint
29.31 	originates.
29.32 	~~(7)~~ (g) The commissioner may adopt policies to determine
29.33 	which charges are processed and the order in which charges are
29.34 	processed based on their particular social or legal
29.35 	significance, administrative convenience, difficulty of
29.36 	resolution, or other standard consistent with the provisions of
30.1 	this chapter.
30.2 	~~(8)~~ (h) The chief administrative law judge shall adopt
30.3 	policies to provide sanctions which may include, but are not
30.4 	limited to, damages, attorney fees, and costs for intentional
30.5 	and frivolous delay caused by any charging party or respondent
30.6 	in an investigation, hearing, or any other aspect of proceedings
30.7 	before the department under this chapter. The department, as
30.8 	well as any charging party or respondent, may petition the chief
30.9 	administrative law judge for an order imposing sanctions.

30.10 	Sec. 23. Minnesota Statutes 2004, section 363A.35,
30.11 	subdivision 3, is amended to read:
30.12 		Subd. 3.Access to closed files.  (a) Except as otherwise
30.13 	provided in this subdivision, human rights investigative data
30.14 	contained in a closed case file are private data on individuals
30.15 	or nonpublic data.  The name and address of the charging party
30.16 	and respondent, factual basis of the allegations, the statute
30.17 	under which the action is brought, the part of the summary of
30.18 	the investigation that does not contain identifying data on a
30.19 	person other than the complainant or respondent, and the
30.20 	commissioner's memorandum determining whether probable cause has
30.21 	been shown are public data. After a file has been closed, the
30.22 	commissioner may disclose data about a closed case file to
30.23 	another governmental entity to assist that entity in processing
30.24 	a complaint or to eliminate duplication of efforts in the
30.25 	investigation of the same or similar facts as alleged in the
30.26 	charge.  To the extent that data are disclosed to other
30.27 	governmental entities, it must be stipulated that section 13.03,
30.28 	subdivision 4, applies to the classification of the data.  The
30.29 	commissioner must notify those who are the subject of the data
30.30 	when a disclosure is made under this subdivision.
30.31 	(b) The commissioner may make human rights investigative
30.32 	data contained in a closed case file inaccessible to the
30.33 	charging party or the respondent in order to protect medical or
30.34 	other security interests of the parties or third persons.

30.35 	Sec. 24. Laws 1998, chapter 404, section 15, subdivision
30.36 	2, as amended by Laws 2005, chapter 20, article 1, section 40,
31.1 	is amended to read:
31.2 		Subd. 2.National Sports Center                      4,800,000
31.3 	$1,700,000 is to purchase and develop
31.4 	land adjacent to the National Sports
31.5 	Center in Blaine for use as athletic
31.6 	fields.
31.7 	$3,100,000 is to develop the National
31.8 	Children's Golf Course.  The primary
31.9 	purpose of the National Children's Golf
31.10 	Course is to serve youth of 18 years
31.11 	and younger.  Market rates must be
31.12 	charged for adult golf.
31.13 	The Minnesota Amateur Sports Commission
31.14 	may lease up to 20 percent of the area
31.15 	of the land purchased with money from
31.16 	the general fund appropriations in this
31.17 	subdivision for a term of up to 30
31.18 	years to one or more governmental or
31.19 	private entities for any use by the
31.20 	lessee, whether public or private, so
31.21 	long as the use provides some benefit
31.22 	to amateur sports. Up to $300,000 of 
31.23 	lease payments received by the
31.24 	commission ~~are~~ each fiscal year is 
31.25 	appropriated to the commission for the
31.26 	purposes specified in Minnesota
31.27 	Statutes, chapter 240A.  The land
31.28 	purchased from the general fund
31.29 	appropriations may be used for any
31.30 	amateur sport.
31.31 	
EFFECTIVE DATE. This section is effective retroactively
31.32 	on the effective date of Laws 2005, chapter 20, article 1,
31.33 	section 40.

31.34 	Sec. 25. STATE HEALTH CARE PURCHASING AUTHORITY.
 31.35 		Subdivision 1.Purchasing authority created. By December
31.36 	15, 2005, the commissioner of employee relations, in
31.37 	consultation with the commissioners of health, human services,
31.38 	labor and industry, corrections, commerce, and administration
31.39 	and the Minnesota Comprehensive Health Association board of
31.40 	directors may enter into interagency agreements regarding the
31.41 	formation of the Minnesota Health Care Purchasing Authority for
31.42 	the purpose of implementing a unified strategy and joint
31.43 	purchasing of health care services for the state of Minnesota.
31.44 	The strategy shall include implementing a process that examines
31.45 	the health care purchasing decisions and coverage in terms of
31.46 	cost and medical efficacy based on reliable research evidence to
31.47 	ensure access to appropriate and necessary health care.  By
31.48 	December 15, 2005, the commissioners shall submit to the
32.1 	legislature a report and draft legislation for the creation of
32.2 	the purchasing authority as a distinct agency of state
32.3 	government responsible for all state purchasing of health care.
32.4 		Subd. 2.Principles of state purchasing. The purchasing
32.5 	authority shall prepare and submit to the governor and
32.6 	legislature an annual report and plan for the unified purchasing
32.7 	of health care services.  The plan must:
32.8 	(1) promote personal choice and responsibility;
32.9 	(2) encourage and promote better health of patients and
32.10 	residents of the state;
32.11 	(3) provide incentives to privately based health plans and
32.12 	health care delivery systems to improve efficiency and quality;
32.13 	(4) use community standards and measurement methods for
32.14 	determining the value of specific health care services based on
32.15 	quality and performance; and 
32.16 	(5) separate the health care purchasing functions of state
32.17 	government from those activities relating to regulation and
32.18 	delivery of services, but require consistent use of uniform
32.19 	quality and performance standards and methods for purchasing,
32.20 	regulation, and delivery of health care services.
32.21 		Subd. 3.Purchasing and coverage guidelines. The
32.22 	purchasing authority shall convene a panel of health care policy
32.23 	experts and health care providers to establish a process to
32.24 	select evidence-based guidelines based on sound research
32.25 	evidence and implement an integrated approach using these
32.26 	guidelines for purchasing decisions and coverage design.
32.27 		Subd. 4.Public and private purchasers. (a) The
32.28 	purchasing authority shall prepare and submit to the governor
32.29 	and legislature by December 15, 2005, a plan for permitting
32.30 	public employers, including school districts, cities, counties,
32.31 	and other governmental entities to purchase a secure benefit set
32.32 	through the state purchasing authority.  The secure benefit set
32.33 	must include the services described under subdivision 6.
32.34 	(b) Notwithstanding any laws to the contrary, the
32.35 	commissioner of employee relations may expand the range of
32.36 	health coverage options available to purchase under the public
33.1 	employees insurance program established under Minnesota
33.2 	Statutes, section 43A.316, including the option to purchase the
33.3 	secure benefit set as defined under subdivision 6.  Under this
33.4 	option, public employers may purchase health coverage for their
33.5 	employees through the public employees insurance program
33.6 	beginning July 1, 2006.
33.7 	(c) The purchasing authority shall include in the plan
33.8 	described in paragraph (a) recommendations for:
33.9 	(1) a process for permitting nursing homes and other
33.10 	long-term care providers to purchase the secure benefit set
33.11 	through the state health care purchasing authority as part of a
33.12 	separate risk pool; and 
33.13 	(2) a process for permitting private employers with 49 or
33.14 	fewer employees and individuals to purchase the secure benefit
33.15 	set as part of a separate risk pool through the state health
33.16 	care purchasing authority beginning January 1, 2009.
33.17 		Subd. 5.Coordination and common standards for state
33.18 	purchasing and regulation. The purchasing authority, in
33.19 	consultation with all state agencies, boards, and commissioners
33.20 	that have responsibility for purchasing or for regulating
33.21 	individuals and organizations that provide health coverage or
33.22 	deliver health care services, shall prepare and submit to the
33.23 	governor and legislature by December 15, 2005, a report and
33.24 	draft legislation that will:
33.25 	(1) require all state purchasing and regulatory
33.26 	requirements to use common standards and measurement methods for
33.27 	quality and performance; and 
33.28 	(2) provide for the coordination of health care purchasing
33.29 	strategies and activities administered by the state, including,
33.30 	but not limited to, the state employees group insurance plan,
33.31 	the public employees insurance program, purchasing activities
33.32 	for public and private employers and individuals established
33.33 	under subdivision 4, and health care programs administered by
33.34 	the commissioner of human services or the commissioner of health.
33.35 		Subd. 6.Secure benefit set development. The purchasing
33.36 	authority, in consultation with a panel of health care policy
34.1 	experts, shall define a secure benefit set that includes
34.2 	coverage for preventive health services, as specified in
34.3 	preventive services guidelines for children and adults developed
34.4 	by the Institute for Clinical Systems Improvement, prescription
34.5 	drug coverage, and catastrophic coverage.  Nothing in this
34.6 	section authorizes the purchasing authority to change the
34.7 	benefits covered by the medical assistance, MinnesotaCare, or
34.8 	general assistance medical care programs to the extent these
34.9 	benefits are specified in state or federal law.
34.10 		Subd. 7.Special populations. In developing a plan for
34.11 	the unified purchasing of health care services and a secure
34.12 	benefit set, the purchasing authority must take into account the
34.13 	needs of special populations, including, but not limited to,
34.14 	persons who are elderly or disabled and persons with chronic
34.15 	conditions.
34.16 		Subd. 8.Cost and quality disclosure. The purchasing
34.17 	authority, in cooperation with organizations representing
34.18 	consumers, employers, physicians and other health professionals,
34.19 	hospitals, long-term care facilities, health plan companies,
34.20 	quality improvement organizations, research and education
34.21 	institutions, and other appropriate constituencies, shall
34.22 	identify and contract with a private, nonprofit organization to
34.23 	serve as a statewide source of comparative information on health
34.24 	care costs and quality.

34.25 	Sec. 26. LABOR AGREEMENTS AND COMPENSATION PLANS.
 34.26 		Subdivision 1.American federation of state, county, and
34.27 	municipal employees. The arbitration award and labor agreement
34.28 	between the state of Minnesota and the American Federation of
34.29 	State, County, and Municipal Employees, unit 8, approved by the
34.30 	Legislative Coordinating Commission Subcommittee on Employee
34.31 	Relations on June 14, 2004, is ratified.
34.32 		Subd. 2.Minnesota law enforcement association;
34.33 	arbitration award. The arbitration award between the state of
34.34 	Minnesota and the Minnesota Law Enforcement Association,
34.35 	approved by the Legislative Coordinating Commission Subcommittee
34.36 	on Employee Relations on June 14, 2004, is ratified.
35.1 		Subd. 3.Higher education services office; compensation
35.2 	plan. The compensation plan for unrepresented employees of the
35.3 	Higher Education Services Office, approved by the Legislative
35.4 	Coordinating Commission Subcommittee on Employee Relations on
35.5 	June 14, 2004, is ratified.
35.6 		Subd. 4.Minnesota law enforcement association;
35.7 	bargaining agreement. The collective bargaining agreement
35.8 	between the state of Minnesota and the Minnesota Law Enforcement
35.9 	Association, submitted to the Legislative Coordinating
35.10 	Commission Subcommittee on Employee Relations on September 29,
35.11 	2004, and implemented after 30 days on October 30, 2004, is
35.12 	ratified.
35.13 		Subd. 5.Inter faculty organization. The collective
35.14 	bargaining agreement between the state of Minnesota and the
35.15 	Inter Faculty Organization, submitted to the Legislative
35.16 	Coordinating Commission Subcommittee on Employee Relations on
35.17 	September 29, 2004, and implemented after 30 days on October 29,
35.18 	2004, is ratified.
35.19 		Subd. 6.Minnesota nurses association. The arbitration
35.20 	award and the collective bargaining agreement between the state
35.21 	of Minnesota and the Minnesota Nurses Association, approved by
35.22 	the Legislative Coordinating Commission Subcommittee on Employee
35.23 	Relations on December 20, 2004, is ratified.
35.24 		Subd. 7.Teachers retirement association. The proposal
35.25 	to increase the salary of the executive director of the Teachers
35.26 	Retirement Association, as modified and approved by the
35.27 	Legislative Coordinating Commission Subcommittee on Employee
35.28 	Relations on December 20, 2004, is ratified.
35.29 		Subd. 8.Minnesota state retirement system. The proposal
35.30 	to increase the salary of the executive director of the
35.31 	Minnesota State Retirement System, as modified and approved by
35.32 	the Legislative Coordinating Commission Subcommittee on Employee
35.33 	Relations on December 20, 2004, is ratified.
35.34 		Subd. 9.Public employees retirement association. The
35.35 	proposal to increase the salary of the executive director of the
35.36 	Public Employees Retirement Association, as modified and
36.1 	approved by the Legislative Coordinating Commission Subcommittee
36.2 	on Employee Relations on December 20, 2004, is ratified.
36.3 	
EFFECTIVE DATE. This section is effective the day
36.4 	following final enactment.

36.5 	Sec. 27. VOLUNTARY UNPAID LEAVE OF ABSENCE.
 36.6 	(a) Appointing authorities in state government may allow
36.7 	each employee to take unpaid leaves of absence for up to 1,040
36.8 	hours between July 1, 2005, and June 30, 2007.  Each appointing
36.9 	authority approving such a leave shall allow the employee to
36.10 	continue accruing vacation and sick leave, be eligible for paid
36.11 	holidays and insurance benefits, accrue seniority, and, if
36.12 	payments are made under paragraph (b), accrue service credit and
36.13 	credited salary in the state retirement plans as if the employee
36.14 	has actually been employed during the time of leave.  An
36.15 	employee covered by the unclassified plan may voluntarily make
36.16 	the employee contributions to the unclassified plan during the
36.17 	leave of absence.  If the employee makes these contributions,
36.18 	the appointing authority must make the employer contribution.
36.19 	If the leave of absence is for one full pay period or longer,
36.20 	any holiday pay shall be included in the first payroll warrant
36.21 	after return from the leave of absence.  The appointing
36.22 	authority shall attempt to grant requests for the unpaid leaves
36.23 	of absence consistent with the need to continue efficient
36.24 	operation of the agency.  However, each appointing authority
36.25 	shall retain discretion to grant or refuse to grant requests for
36.26 	leaves of absence and to schedule and cancel leaves, subject to
36.27 	the applicable provisions of collective bargaining agreements
36.28 	and compensation plans.
36.29 	(b) To receive eligible service credit and credited salary
36.30 	in a defined benefit plan, the member shall pay an amount equal
36.31 	to the applicable employee contribution rates.  If an employee
36.32 	pays the employee contribution for the period of the leave under
36.33 	this section, the appointing authority must pay the employer
36.34 	contribution.  The appointing authority may, at its discretion,
36.35 	pay the employee contributions.  Contributions must be made in a
36.36 	time and manner prescribed by the executive director of the
37.1 	applicable pension plan.

37.2 	Sec. 28. TRAINING SERVICES.
 37.3 	During the biennium ending June 30, 2007, state executive
37.4 	branch agencies must consider using services provided by
37.5 	Government Training Services before contracting with other
37.6 	outside vendors for similar services.

37.7 	Sec. 29. PORTRAITS IN CAPITOL.
 37.8 	The Capitol Area Architectural and Planning Board, in
37.9 	consultation with the Minnesota Historical Society, must request
37.10 	the Smithsonian Institute to extend the period during which the
37.11 	portraits of Julie Finch Gilbert and Cass Gilbert are displayed
37.12 	in the Capitol building.  In negotiating an extension of the
37.13 	loan period, the board must request that the portraits remain on
37.14 	display in the Capitol when they are not being publicly
37.15 	displayed elsewhere, but must recognize that it is desirable for
37.16 	the portraits to be displayed in other buildings designed by
37.17 	Cass Gilbert, in conjunction with centennial celebrations for
37.18 	those buildings.

37.19 	Sec. 30. REPEALER.
 37.20 	Minnesota Statutes 2004, sections 16B.52; and 363A.29,
37.21 	subdivision 2, are repealed.

37.22 	ARTICLE 3
37.23 	REAL ESTATE RECORDING FEES AND STANDARDS

37.24 	Section 1. Minnesota Statutes 2004, section 507.093, is
37.25 	amended to read:
37.26 	507.093 STANDARDS FOR DOCUMENTS TO BE RECORDED OR FILED.
37.27 	(a) The following standards are imposed on documents to be
37.28 	recorded with the county recorder or filed with the registrar of
37.29 	titles:
37.30 	(1) The document shall consist of one or more individual
37.31 	sheets measuring no larger than 8.5 inches by 14 inches.
37.32 	(2) The form of the document shall be printed, typewritten,
37.33 	or computer generated in black ink and the form of the document
37.34 	shall not be smaller than 8-point type.
37.35 	(3) The document shall be on white paper of not less than
37.36 	20-pound weight with no background color, images, or writing and
38.1 	shall have a clear border of approximately one-half inch on the
38.2 	top, bottom, and each side.
38.3 	(4) The first page of the document shall contain a blank
38.4 	space at the top measuring three inches, as measured from the
38.5 	top of the page.  The right half to be used by the county
38.6 	recorder for recording information or registrar of titles for
38.7 	filing information and the left half to be used by the county
38.8 	auditor or treasurer for certification.
38.9 	(5) The title of the document shall be prominently
38.10 	displayed at the top of the first page below the blank space
38.11 	referred to in clause (4).
38.12 	(6) No additional sheet shall be attached or affixed to a
38.13 	page that covers up any information or printed part of the form.
38.14 	(7) A document presented for recording or filing must be
38.15 	sufficiently legible to reproduce a readable copy using the
38.16 	county recorder's or registrar of title's current method of
38.17 	reproduction.
38.18 	(b) The standards in ~~this~~ paragraph (a) do not apply to a
38.19 	document that is recorded or filed as part of a pilot project
38.20 	for the electronic filing of real estate documents implemented
38.21 	by the task force created in Laws 2000, chapter 391, or under
38.22 	standards established by the Electronic Real Estate Recording
38.23 	Task Force created under article 3, section 8 of this act.  A
38.24 	county that participated in the pilot project for the electronic
38.25 	filing of real estate documents under the task force created in
38.26 	Laws 2000, chapter 391, may continue to record or file documents
38.27 	electronically, if:
38.28 	(1) the county complies with standards adopted by that task
38.29 	force; and 
38.30 	(2) the county uses software that was validated by that
38.31 	task force.
38.32 	(c) A county that did not participate in the pilot project
38.33 	may record or file a real estate document electronically, if:
38.34 	(i) the document to be recorded or filed is of a type
38.35 	included in the pilot project for the electronic filing of real
38.36 	estate documents under the task force created in Laws 2000,
39.1 	chapter 391;
39.2 	(ii) the county complies with the standards adopted by the
39.3 	task force;
39.4 	(iii) the county uses software that was validated by the
39.5 	task force; and 
39.6 	(iv) the task force created under section 507.094 votes to
39.7 	accept a written certification of compliance with paragraph (b),
39.8 	clause (2), of this section by the county board and county
39.9 	recorder of the county to implement electronic filing under this
39.10 	section.
39.11 	~~(b)~~ (d) The recording or filing fee for a document that
39.12 	does not conform to the standards in paragraph (a) shall be
39.13 	increased as provided in sections 357.18, subdivision 5; 508.82;
39.14 	and 508A.82.
39.15 	~~(c)~~ (e) The recorder or registrar shall refund the
39.16 	recording or filing fee to the applicant if the real estate
39.17 	documents are not filed or registered within 30 days after
39.18 	receipt, or as otherwise provided by section 386.30.

39.19 	EFFECTIVE DATE. This section is effective the day
39.20 	following final enactment.

39.21 	Sec. 2. Minnesota Statutes 2004, section 507.24,
39.22 	subdivision 2, is amended to read:
39.23 		Subd. 2.Original signatures required. (a) Unless
39.24 	otherwise provided by law, an instrument affecting real estate
39.25 	that is to be recorded as provided in this section or other
39.26 	applicable law must contain the original signatures of the
39.27 	parties who execute it and of the notary public or other officer
39.28 	taking an acknowledgment.  However, a financing statement that
39.29 	is recorded as a filing pursuant to section 336.9-502(b) need
39.30 	not contain:  (1) the signatures of the debtor or the secured
39.31 	party; or (2) an acknowledgment.
39.32 	(b) Any electronic instruments, including signatures and
39.33 	seals, affecting real estate may only be recorded as part of a
39.34 	pilot project for the electronic filing of real estate documents
39.35 	implemented by the task force created in Laws 2000, chapter
39.36 	391~~.~~, or by the Electronic Real Estate Recording Task Force
40.1 	created under article 3, section 8 of this act.  A county that
40.2 	participated in the pilot project for the electronic filing of
40.3 	real estate documents under the task force created in Laws 2000,
40.4 	chapter 391, may continue to record or file documents
40.5 	electronically, if:
40.6 	(1) the county complies with standards adopted by the task
40.7 	force; and 
40.8 	(2) the county uses software that was validated by the task
40.9 	force.
40.10 	A county that did not participate in the pilot project may
40.11 	record or file a real estate document electronically, if:
40.12 	(i) the document to be recorded or filed is of a type
40.13 	included in the pilot project for the electronic filing of real
40.14 	estate documents under the task force created in Laws 2000,
40.15 	chapter 391;
40.16 	(ii) the county complies with the standards adopted by the
40.17 	task force;
40.18 	(iii) the county uses software that was validated by the
40.19 	task force; and 
40.20 	(iv) the task force created under article 3, section 8 of
40.21 	this act, votes to accept a written certification of compliance
40.22 	with paragraph (b), clause (2), of this section by the county
40.23 	board and county recorder of the county to implement electronic
40.24 	filing under this section.
40.25 	(c) Notices filed pursuant to section 168A.141,
40.26 	subdivisions 1 and 3, need not contain an acknowledgment.
40.27 	
EFFECTIVE DATE. This section is effective the day
40.28 	following final enactment.

40.29 	Sec. 3. ELECTRONIC REAL ESTATE RECORDING TASK FORCE.
 40.30 		Subdivision 1.Membership. (a) A task force of 14
40.31 	members shall study and make recommendations for the
40.32 	establishment of a system for the electronic filing and
40.33 	recording of real estate documents.  Members who are appointed
40.34 	under this section shall serve for a term of two years
40.35 	commencing on June 30, 2005.  The task force shall select its
40.36 	chair.  The task force must include:
41.1 	(1) three county government officials appointed by the
41.2 	Association of County Officers, including one county recorder,
41.3 	one county auditor, and one county treasurer;
41.4 	(2) two county board members appointed by the Association
41.5 	of Minnesota Counties, including one board member from within
41.6 	the seven-county metropolitan area, and one board member from
41.7 	outside the seven-county metropolitan area;
41.8 	(3) seven members from the private sector appointed by the
41.9 	governor, including representatives of:
41.10 	(i) real estate attorneys, real estate agents, and public
41.11 	and private land surveyors;
41.12 	(ii) title companies, mortgage companies, and other real
41.13 	estate lenders; and 
41.14 	(iii) technical and industry experts in electronic commerce
41.15 	and electronic records management and preservation;
41.16 	(4) a representative selected by the Minnesota Historical
41.17 	Society; and 
41.18 	(5) the secretary of state.
41.19 	(b) The task force may refer items to subcommittees.  The
41.20 	chair shall appoint the membership of a subcommittee.  An
41.21 	individual may be appointed to serve on a subcommittee without
41.22 	serving on the task force.
41.23 		Subd. 2.Study and recommendations. (a) The task force
41.24 	shall continue the work of the task force created by Laws 2000,
41.25 	chapter 391, to study and make recommendations regarding
41.26 	implementation of a system for electronic filing and recording
41.27 	of real estate documents.  The task force shall consider:
41.28 	(1) technology and computer needs;
41.29 	(2) legal issues such as authenticity, security, timing and
41.30 	priority of recordings, and the relationship between electronic
41.31 	and paper recording systems;
41.32 	(3) the cost-effectiveness of electronic recording systems;
41.33 	(4) a timetable and plan for implementing an electronic
41.34 	recording system, considering types of documents and entities
41.35 	using the system and volume of recordings;
41.36 	(5) the respective benefits and disadvantages of permissive
42.1 	versus mandatory systems; and 
42.2 	(6) other relevant issues identified by the task force.
42.3 	The task force shall review the Uniform Electronic
42.4 	Recording Act as drafted by the National Conference of
42.5 	Commissioners on Uniform State Laws.
42.6 	The task force shall submit a report to the legislature by
42.7 	January 15 of each year during its existence reporting on
42.8 	progress toward the goals established in this section, and
42.9 	outlining its work plan and budget.  The task force expires June
42.10 	30, 2007.
42.11 	The task force may commence establishing standards for the
42.12 	electronic recording of the remaining residential real estate
42.13 	deed and mortgage documents and establish pilot projects to
42.14 	complete the testing and functions of the task force established
42.15 	in Laws 2000, chapter 391.
42.16 		Subd. 3.Donations; reimbursement. The real estate task
42.17 	force established under this act may accept donations of money
42.18 	or resources, including loaned employees or other services.  The
42.19 	donations must be under the exclusive control of the task
42.20 	force.  The task force may also negotiate reimbursements for
42.21 	services, including validation of software provided to counties
42.22 	by this task force or the task force established by Laws 2000,
42.23 	chapter 391, and expansion of pilot projects to additional
42.24 	counties as described in this act.  Reimbursements made under
42.25 	this section are appropriated to the Legislative Coordinating
42.26 	Commission for the use of the task force.
42.27 	
EFFECTIVE DATE. This section is effective the day
42.28 	following final enactment and expires June 30, 2007.

42.29 	ARTICLE 4
42.30 	OFFICE OF ENTERPRISE TECHNOLOGY

42.31 	Section 1. Minnesota Statutes 2004, section 10A.01,
42.32 	subdivision 35, is amended to read:
42.33 		Subd. 35.Public official.  "Public official" means any:
42.34 	(1) member of the legislature;
42.35 	(2) individual employed by the legislature as secretary of
42.36 	the senate, legislative auditor, chief clerk of the house,
43.1 	revisor of statutes, or researcher, legislative analyst, or
43.2 	attorney in the Office of Senate Counsel and Research or House
43.3 	Research;
43.4 	(3) constitutional officer in the executive branch and the
43.5 	officer's chief administrative deputy;
43.6 	(4) solicitor general or deputy, assistant, or special
43.7 	assistant attorney general;
43.8 	(5) commissioner, deputy commissioner, or assistant
43.9 	commissioner of any state department or agency as listed in
43.10 	section 15.01 or 15.06, or the state chief information officer;
43.11 	(6) member, chief administrative officer, or deputy chief
43.12 	administrative officer of a state board or commission that has
43.13 	either the power to adopt, amend, or repeal rules under chapter
43.14 	14, or the power to adjudicate contested cases or appeals under
43.15 	chapter 14;
43.16 	(7) individual employed in the executive branch who is
43.17 	authorized to adopt, amend, or repeal rules under chapter 14 or
43.18 	adjudicate contested cases under chapter 14;
43.19 	(8) executive director of the State Board of Investment;
43.20 	(9) deputy of any official listed in clauses (7) and (8);
43.21 	(10) judge of the Workers' Compensation Court of Appeals;
43.22 	(11) administrative law judge or compensation judge in the
43.23 	State Office of Administrative Hearings or referee in the
43.24 	Department of Employment and Economic Development;
43.25 	(12) member, regional administrator, division director,
43.26 	general counsel, or operations manager of the metropolitan
43.27 	council;
43.28 	(13) member or chief administrator of a metropolitan
43.29 	agency;
43.30 	(14) director of the Division of Alcohol and Gambling
43.31 	Enforcement in the Department of Public Safety;
43.32 	(15) member or executive director of the Higher Education
43.33 	Facilities Authority;
43.34 	(16) member of the board of directors or president of
43.35 	Minnesota Technology, Inc.; or
43.36 	(17) member of the board of directors or executive director
44.1 	of the Minnesota State High School League.

44.2 	Sec. 2. Minnesota Statutes 2004, section 15.06,
44.3 	subdivision 1, is amended to read:
44.4 		Subdivision 1.Applicability.  This section applies to
44.5 	the following departments or agencies:  the Departments of
44.6 	Administration, Agriculture, Commerce, Corrections, Education,
44.7 	Employee Relations, Employment and Economic Development,
44.8 	Finance, Health, Human Rights, Labor and Industry, Natural
44.9 	Resources, Public Safety, Human Services, Revenue,
44.10 	Transportation, and Veterans Affairs; the Housing Finance and
44.11 	Pollution Control Agencies; the Office of Commissioner of Iron
44.12 	Range Resources and Rehabilitation; the Bureau of Mediation
44.13 	Services; the Office of Enterprise Technology;and their
44.14 	successor departments and agencies.  The heads of the foregoing
44.15 	departments or agencies are "commissioners." For the purposes
44.16 	of this section, references to "commissioner" include the head
44.17 	of the Office of Enterprise Technology.

44.18 	Sec. 3. Minnesota Statutes 2004, section 16B.04,
44.19 	subdivision 2, is amended to read:
44.20 		Subd. 2.Powers and duties, general.  Subject to other
44.21 	provisions of this chapter, the commissioner is authorized to:
44.22 	(1) supervise, control, review, and approve all state
44.23 	contracts and purchasing;
44.24 	(2) provide agencies with supplies and equipment and
44.25 	operate all central store or supply rooms serving more than one
44.26 	agency;
44.27 	(3) ~~approve all computer plans and contracts, and oversee~~
44.28 	~~the state's data processing system;~~
44.29 	~~(4)~~ investigate and study the management and organization
44.30 	of agencies, and reorganize them when necessary to ensure their
44.31 	effective and efficient operation;
44.32 	~~(5)~~ (4) manage and control state property, real and
44.33 	personal;
44.34 	~~(6)~~ (5) maintain and operate all state buildings, as
44.35 	described in section 16B.24, subdivision 1;
44.36 	~~(7)~~ (6) supervise, control, review, and approve all capital
45.1 	improvements to state buildings and the capitol building and
45.2 	grounds;
45.3 	~~(8)~~ (7) provide central duplicating, printing, and mail
45.4 	facilities;
45.5 	~~(9)~~ (8) oversee publication of official documents and
45.6 	provide for their sale;
45.7 	~~(10)~~ (9) manage and operate parking facilities for state
45.8 	employees and a central motor pool for travel on state business;
45.9 	~~(11)~~ (10) establish and administer a State Building Code;
45.10 	and
45.11 	~~(12)~~ (11) provide rental space within the capitol complex
45.12 	for a private day care center for children of state employees.
45.13 	The commissioner shall contract for services as provided in this
45.14 	chapter.  The commissioner shall report back to the legislature
45.15 	by October 1, 1984, with the recommendation to implement the
45.16 	private day care operation.

45.17 	Sec. 4. Minnesota Statutes 2004, section 16B.48,
45.18 	subdivision 4, is amended to read:
45.19 		Subd. 4.Reimbursements.  Except as specifically provided
45.20 	otherwise by law, each agency shall reimburse ~~intertechnologies~~
45.21 	~~and~~ the general services revolving funds for the cost of all
45.22 	services, supplies, materials, labor, and depreciation of
45.23 	equipment, including reasonable overhead costs, which the
45.24 	commissioner is authorized and directed to furnish an agency.
45.25 	The cost of all publications or other materials produced by the
45.26 	commissioner and financed from the general services revolving
45.27 	fund must include reasonable overhead costs.  The commissioner
45.28 	of administration shall report the rates to be charged for ~~each~~ 
45.29 	the general services revolving ~~fund~~ funds no later than July 1
45.30 	each year to the chair of the committee or division in the
45.31 	senate and house of representatives with primary jurisdiction
45.32 	over the budget of the Department of Administration.  The
45.33 	commissioner of finance shall make appropriate transfers to the
45.34 	revolving funds described in this section when requested by the
45.35 	commissioner of administration.  The commissioner of
45.36 	administration may make allotments, encumbrances, and, with the
46.1 	approval of the commissioner of finance, disbursements in
46.2 	anticipation of such transfers.  In addition, the commissioner
46.3 	of administration, with the approval of the commissioner of
46.4 	finance, may require an agency to make advance payments to the
46.5 	revolving funds in this section sufficient to cover the agency's
46.6 	estimated obligation for a period of at least 60 days.  All
46.7 	reimbursements and other money received by the commissioner of
46.8 	administration under this section must be deposited in the
46.9 	appropriate revolving fund.  Any earnings remaining in the fund
46.10 	established to account for the documents service prescribed by
46.11 	section 16B.51 at the end of each fiscal year not otherwise
46.12 	needed for present or future operations, as determined by the
46.13 	commissioners of administration and finance, must be transferred
46.14 	to the general fund.

46.15 	Sec. 5. Minnesota Statutes 2004, section 16B.48,
46.16 	subdivision 5, is amended to read:
46.17 		Subd. 5.Liquidation.  If the ~~intertechnologies or~~ 
46.18 	general services revolving ~~fund is~~ funds are abolished or
46.19 	liquidated, the total net profit from the operation of each fund
46.20 	must be distributed to the various funds from which purchases
46.21 	were made.  The amount to be distributed to each fund must bear
46.22 	to the net profit the same ratio as the total purchases from
46.23 	each fund bears to the total purchases from all the funds during
46.24 	the same period of time.

46.25 	Sec. 6. Minnesota Statutes 2004, section 16E.01,
46.26 	subdivision 1, is amended to read:
46.27 		Subdivision 1.~~purpose~~ creation; chief information
46.28 	officer.  The Office of Enterprise Technology, referred to in
46.29 	this chapter as the "office," is ~~under the supervision of the~~
46.30 	~~commissioner of administration~~ an agency in the executive branch
46.31 	headed by the state chief information officer.  The appointment
46.32 	of the chief information officer is subject to the advice and
46.33 	consent of the senate under section 15.066.
46.34 		Subd. 1a.Responsibilities. The office shall
46.35 	provide oversight,leadership,and direction for information and
46.36 	~~communications~~ telecommunications technology policy and the
47.1 	management and delivery of information and telecommunications
47.2 	technology systems and services in Minnesota.  The office
47.3 	shall ~~coordinate~~ manage strategic investments in information and
47.4 	~~communications~~ telecommunications technology systems and
47.5 	services to encourage the development of a technically literate
47.6 	society ~~and~~ ,to ensure sufficient access to and efficient
47.7 	delivery of government services, and to maximize benefits for
47.8 	the state government as an enterprise.

47.9 	Sec. 7. Minnesota Statutes 2004, section 16E.01,
47.10 	subdivision 3, is amended to read:
47.11 		Subd. 3.Duties.  (a) The office shall:
47.12 	(1) ~~coordinate~~ manage the efficient and effective use of
47.13 	available federal, state, local, and ~~private~~ public-private 
47.14 	resources to develop statewide information and ~~communications~~ 
47.15 	telecommunications technology systems and services and its
47.16 	infrastructure;
47.17 	(2) ~~review~~ approve state agency and intergovernmental
47.18 	information and ~~communications~~ telecommunications technology 
47.19 	systems and services development efforts involving state or
47.20 	intergovernmental funding, including federal funding, provide
47.21 	information to the legislature regarding projects reviewed, and
47.22 	recommend projects for inclusion in the governor's budget under
47.23 	section 16A.11;
47.24 	(3) ~~encourage~~ ensure cooperation and collaboration among
47.25 	state and local governments in developing intergovernmental
47.26 	~~communication and~~ information and telecommunications technology 
47.27 	systems and services, and define the structure and
47.28 	responsibilities of ~~the Information Policy Council~~ a
47.29 	representative governance structure;
47.30 	(4) cooperate and collaborate with the legislative and
47.31 	judicial branches in the development of information and
47.32 	communications systems in those branches;
47.33 	(5) continue the development of North Star, the state's
47.34 	official comprehensive on-line service and information
47.35 	initiative;
47.36 	(6) promote and collaborate with the state's agencies in
48.1 	the state's transition to an effectively competitive
48.2 	telecommunications market;
48.3 	(7) collaborate with entities carrying out education and
48.4 	lifelong learning initiatives to assist Minnesotans in
48.5 	developing technical literacy and obtaining access to ongoing
48.6 	learning resources;
48.7 	(8) promote and coordinate public information access and
48.8 	network initiatives, consistent with chapter 13, to connect
48.9 	Minnesota's citizens and communities to each other, to their
48.10 	governments, and to the world;
48.11 	(9) promote and coordinate electronic commerce initiatives
48.12 	to ensure that Minnesota businesses and citizens can
48.13 	successfully compete in the global economy;
48.14 	(10) manage and promote ~~and coordinate~~ the regular and
48.15 	periodic reinvestment in the ~~core~~ information ~~communications~~ and
48.16 	telecommunications technology systems and services 
48.17 	infrastructure so that state and local government agencies can
48.18 	effectively and efficiently serve their customers;
48.19 	(11) facilitate the cooperative development of and ensure
48.20 	compliance with standards and policies for information and
48.21 	telecommunications technology systems and services, electronic
48.22 	data practices and privacy, and electronic commerce among
48.23 	international, national, state, and local public and private
48.24 	organizations; ~~and~~ 
48.25 	(12) ~~work with others to avoid~~ eliminate unnecessary
48.26 	duplication of existing information and telecommunications
48.27 	technology systems and services provided by other public and
48.28 	private organizations while building on the existing
48.29 	governmental, educational, business, health care, and economic
48.30 	development infrastructures; and 
48.31 	(13) identify, sponsor, develop, and execute shared
48.32 	information and telecommunications technology projects and
48.33 	ongoing operations.
48.34 	(b) The ~~commissioner of administration~~ chief information
48.35 	officer in consultation with the commissioner of finance ~~may~~ 
48.36 	must determine ~~that~~ when it is cost-effective for agencies to
49.1 	develop and use shared information and ~~communications~~ 
49.2 	telecommunications technology systems and services for the
49.3 	delivery of electronic government services. ~~This determination~~
49.4 	~~may be made if an agency proposes a new system that duplicates~~
49.5 	~~an existing system, a system in development, or a system being~~
49.6 	~~proposed by another agency.~~The ~~commissioner of~~
49.7 	~~administration~~ chief information officer may require agencies to
49.8 	use shared information and telecommunications technology systems
49.9 	and services.  The chief information officer shall establish
49.10 	reimbursement rates in cooperation with the commissioner of
49.11 	finance to be billed to agencies and other governmental entities
49.12 	sufficient to cover the actual development, operating,
49.13 	maintenance, and administrative costs of the shared systems.
49.14 	The methodology for billing may include the use of interagency
49.15 	agreements, or other means as allowed by law.
49.16 	(c) With the consent of the subgroup created in section
49.17 	16E.02, subdivision 1a, the commissioner of administration
49.18 	shall, under section 16B.37, transfer from state agencies to the
49.19 	Office of Enterprise Technology employees, powers, and functions
49.20 	the commissioner deems necessary to the Office of Enterprise
49.21 	Technology.

49.22 	Sec. 8. Minnesota Statutes 2004, section 16E.02, is
49.23 	amended to read:
49.24 	16E.02 OFFICE OF ENTERPRISE TECHNOLOGY;STRUCTURE AND
49.25 	PERSONNEL.
49.26 		Subdivision 1.Office management and structure. (a) The
49.27 	~~commissioner of administration~~ chief information officer is
49.28 	appointed by the governor.  The chief information officer serves
49.29 	in the unclassified service at the pleasure of the governor.
49.30 	The chief information officer must have experience leading
49.31 	enterprise-level information technology organizations.  The
49.32 	chief information officer is the state's chief information
49.33 	officer and information and telecommunications technology
49.34 	advisor to the governor.
49.35 	(b) The chief information officer may appoint other
49.36 	employees of the office.The staff of the office must include
50.1 	individuals knowledgeable in information and ~~communications~~ 
50.2 	telecommunications technology systems and services.
50.3 		Subd. 1a.Accountability. The chief information officer
50.4 	reports to a subgroup of the governor's cabinet consisting of
50.5 	the commissioners of administration, finance, human services,
50.6 	revenue, and other commissioners as designated by the governor
50.7 	and is accountable to this subgroup for compliance with all
50.8 	provisions of this chapter.
50.9 		Subd. 2.Intergovernmental participation. The
50.10 	~~commissioner of administration~~ chief information officer or the
50.11 	~~commissioner's~~ chief information officer's designee shall serve
50.12 	as a member of ~~the Minnesota Education Telecommunications~~
50.13 	~~Council,~~the Geographic Information Systems Council~~,~~and the
50.14 	Library Planning Task Force~~,~~or their respective successor
50.15 	organizations~~,~~and as a nonvoting member of ~~Minnesota~~
50.16 	~~Technology, Inc. and~~ the Minnesota Health Data Institute ~~as a~~
50.17 	~~nonvoting member~~.
50.18 		Subd. 3.Administrative support. The commissioner of
50.19 	administration must provide office space and administrative
50.20 	support services to the office.  The office must reimburse the
50.21 	commissioner for these services.

50.22 	Sec. 9. Minnesota Statutes 2004, section 16E.03,
50.23 	subdivision 1, is amended to read:
50.24 		Subdivision 1.Definitions.  For the purposes of ~~sections~~
50.25 	~~16E.03 to 16E.05~~chapter 16E, the following terms have the
50.26 	meanings given them.
50.27 	(a) "Information and telecommunications technology systems
50.28 	and services" means all computing and telecommunications
50.29 	hardware and software and the activities undertaken to acquire,
50.30 	transport, process, analyze, store, and disseminate information
50.31 	electronically.  "Information and telecommunications technology
50.32 	systems and services" includes all proposed expenditures for
50.33 	computing and telecommunications hardware and software, and
50.34 	related consulting or other professional services.
50.35 	~~(a)~~ (b) "Information and ~~communications~~ telecommunications 
50.36 	technology project" means ~~the development or acquisition of~~
51.1 	~~information and communications technology devices and systems,~~
51.2 	~~but does not include the state information infrastructure or its~~
51.3 	~~contractors.~~
51.4 	~~(b) "Data processing device or system" means equipment or~~
51.5 	~~computer programs, including computer hardware, firmware,~~
51.6 	~~software, and communication protocols, used in connection with~~
51.7 	~~the processing of information through electronic data processing~~
51.8 	~~means, and includes data communication devices used in~~
51.9 	~~connection with computer facilities for the transmission of data.~~
51.10 	an effort to acquire or produce information and
51.11 	telecommunications technology systems and services.
51.12 	(c) "Telecommunications" means voice, video, and data
51.13 	electronic transmissions transported by wire, wireless,
51.14 	fiber-optic, radio, or other available transport technology.
51.15 	(d) "Cyber security" means the protection of data and
51.16 	systems in networks connected to the Internet.
51.17 	~~(c)~~ (e) "State agency" means an agency in the executive
51.18 	branch of state government and includes the Minnesota Higher
51.19 	Education Services Office, but does not include the Minnesota
51.20 	State Colleges and Universities unless specifically provided
51.21 	elsewhere in this chapter.

51.22 	Sec. 10. Minnesota Statutes 2004, section 16E.03,
51.23 	subdivision 2, is amended to read:
51.24 		Subd. 2.~~commissioner's~~ chief information officer 
51.25 	responsibility.  The ~~commissioner~~ chief information officer 
51.26 	shall coordinate the state's information and ~~communications~~ 
51.27 	telecommunications technology systems and services to serve the
51.28 	needs of the state government.  The ~~commissioner~~ chief
51.29 	information officer shall:
51.30 	(1) ~~coordinate the~~ design ~~of~~ a master plan for information
51.31 	and ~~communications~~ telecommunications technology systems and
51.32 	services in the state and its political subdivisions and shall
51.33 	report on the plan to the governor and legislature at the
51.34 	beginning of each regular session;
51.35 	(2) coordinate, review, and approve all information and
51.36 	~~communications~~ telecommunications technology ~~plans and contracts~~ 
52.1 	projects and oversee the state's information and ~~communications~~ 
52.2 	telecommunications technology systems and services;
52.3 	(3) establish and enforce compliance with standards for
52.4 	information and ~~communications~~ telecommunications technology 
52.5 	systems and services that ~~encourage competition~~ are
52.6 	cost-effective and support open systems environments and that
52.7 	are compatible with state,national,and international
52.8 	standards; ~~and~~ 
52.9 	(4) maintain a library of systems and programs developed by
52.10 	the state and its political subdivisions for use by agencies of
52.11 	government; and 
52.12 	(5) direct and manage the shared operations of the state's
52.13 	information and telecommunications technology systems and
52.14 	services.

52.15 	Sec. 11. Minnesota Statutes 2004, section 16E.03,
52.16 	subdivision 3, is amended to read:
52.17 		Subd. 3.Evaluation and approval.  A state agency may not
52.18 	undertake an information and ~~communications~~ telecommunications 
52.19 	technology project until it has been evaluated according to the
52.20 	procedures developed under subdivision 4.  The ~~governor or~~
52.21 	~~governor's designee~~ chief information officer shall give written
52.22 	approval of the proposed project. ~~If the proposed project is~~
52.23 	~~not approved~~ When notified by the chief information officer that
52.24 	a project has not been approved, the commissioner of finance
52.25 	shall cancel the unencumbered balance of any appropriation
52.26 	allotted for the project. ~~This subdivision does not apply to~~
52.27 	~~acquisitions or development of information and communications~~
52.28 	~~systems that have anticipated total cost of less than $100,000.~~
52.29 	~~The Minnesota State Colleges and Universities shall submit for~~
52.30 	~~approval any project related to acquisitions or development of~~
52.31 	~~information and communications systems that has a total~~
52.32 	~~anticipated cost of more than $250,000.~~

52.33 	Sec. 12. Minnesota Statutes 2004, section 16E.03,
52.34 	subdivision 7, is amended to read:
52.35 		Subd. 7.~~data~~ cyber security systems.  In consultation
52.36 	with the attorney general and appropriate agency heads, the
53.1 	~~commissioner~~ chief information officer shall develop ~~data~~ cyber 
53.2 	security policies, guidelines, and standards, and ~~the~~
53.3 	~~commissioner of administration~~ shall install and administer
53.4 	state data security systems on the state's ~~centralized~~ computer
53.5 	~~facility~~ facilities consistent with these policies, guidelines,
53.6 	standards, and state law to ensure the integrity of
53.7 	computer-based and other data and to ensure applicable
53.8 	limitations on access to data, consistent with the public's
53.9 	right to know as defined in chapter 13.  Each department or
53.10 	agency head is responsible for the security of the department's
53.11 	or agency's data within the guidelines of established enterprise
53.12 	policy.

53.13 	Sec. 13. Minnesota Statutes 2004, section 16E.04, is
53.14 	amended to read:
53.15 	16E.04 INFORMATION AND ~~COMMUNICATIONS~~ TELECOMMUNICATIONS 
53.16 	TECHNOLOGY POLICY.
53.17 		Subdivision 1.Development. The office shall ~~coordinate~~
53.18 	~~with state agencies in developing and establishing~~ develop,
53.19 	establish, and enforce policies and standards for state agencies
53.20 	to follow in developing and purchasing information and
53.21 	~~communications~~ telecommunications technology systems and
53.22 	services and training appropriate persons in their use.  The
53.23 	office shall develop, promote, and ~~coordinate~~ manage state
53.24 	technology, architecture, standards and guidelines, information
53.25 	needs analysis techniques, contracts for the purchase of
53.26 	equipment and services, and training of state agency personnel
53.27 	on these issues.
53.28 		Subd. 2.Responsibilities. (a) In addition to other
53.29 	activities prescribed by law, the office shall carry out the
53.30 	duties set out in this subdivision.
53.31 	(b) The office shall develop and establish a state
53.32 	information architecture to ensure that ~~further~~ state agency
53.33 	development and purchase of information and communications
53.34 	systems, equipment, and services is designed to ensure that
53.35 	individual agency information systems complement and do not
53.36 	needlessly duplicate or conflict with the systems of other
54.1 	agencies.  When state agencies have need for the same or similar
54.2 	public data, the ~~commissioner~~ chief information officer, in
54.3 	coordination with the affected agencies, shall ~~promote~~ manage 
54.4 	the most efficient and cost-effective method of producing and
54.5 	storing data for or sharing data between those agencies.  The
54.6 	development of this information architecture must include the
54.7 	establishment of standards and guidelines to be followed by
54.8 	state agencies. The office shall ensure compliance with the
54.9 	architecture.
54.10 	(c) The office shall assist state agencies in the planning
54.11 	and management of information systems so that an individual
54.12 	information system reflects and supports the state agency's
54.13 	mission and the state's requirements and functions. The office
54.14 	shall review and approve agency technology plans to ensure
54.15 	consistency with enterprise information and telecommunications
54.16 	technology strategy.
54.17 	(d) The office shall review and approve agency requests for
54.18 	~~legislative appropriations~~ funding for the development or
54.19 	purchase of information systems equipment or software before the
54.20 	requests may be included in the governor's budget.
54.21 	(e) The office shall review major purchases of information
54.22 	systems equipment to:
54.23 	(1) ensure that the equipment follows the standards and
54.24 	guidelines of the state information architecture;
54.25 	(2) ensure ~~that the equipment is consistent with the~~
54.26 	~~information management principles adopted by the Information~~
54.27 	~~Policy Council;~~
54.28 	~~(3) evaluate whether~~ the agency's proposed purchase
54.29 	reflects a cost-effective policy regarding volume purchasing;
54.30 	and
54.31 	~~(4)~~ (3) ensure that the equipment is consistent with other
54.32 	systems in other state agencies so that data can be shared among
54.33 	agencies, unless the office determines that the agency
54.34 	purchasing the equipment has special needs justifying the
54.35 	inconsistency.
54.36 	(f) The office shall review the operation of information
55.1 	systems by state agencies and ~~provide advice and assistance to~~ 
55.2 	ensure that these systems are operated efficiently and
55.3 	continually meet the standards and guidelines established by the
55.4 	office.  The standards and guidelines must emphasize
55.5 	uniformity that is cost-effective for the enterprise,that
55.6 	encourages information interchange, open systems environments,
55.7 	and portability of information whenever practicable and
55.8 	consistent with an agency's authority and chapter 13.
55.9 	(g) The office shall conduct a comprehensive review at
55.10 	least every three years of the information systems investments
55.11 	that have been made by state agencies and higher education
55.12 	institutions.  The review must include recommendations on any
55.13 	information systems applications that could be provided in a
55.14 	more cost-beneficial manner by an outside source.  The office
55.15 	must report the results of its review to the legislature and the
55.16 	governor.
55.17 		Subd. 3.Risk assessment and mitigation. (a) A risk
55.18 	assessment and risk mitigation plan are required for ~~an~~ all 
55.19 	information systems development ~~project estimated to cost more~~
55.20 	~~than $1,000,000 that is~~ projects undertaken by a state agency in
55.21 	the executive or judicial branch or by a constitutional officer.
55.22 	The ~~commissioner of administration~~ chief information officer 
55.23 	must contract with an entity outside of state government to
55.24 	conduct the initial assessment and prepare the mitigation plan
55.25 	for a project estimated to cost more than $5,000,000.  The
55.26 	outside entity conducting the risk assessment and preparing the
55.27 	mitigation plan must not have any other direct or indirect
55.28 	financial interest in the project.  The risk assessment and risk
55.29 	mitigation plan must provide for periodic monitoring by the
55.30 	commissioner until the project is completed.
55.31 	(b) The risk assessment and risk mitigation plan must be
55.32 	paid for with money appropriated for the information ~~systems~~
55.33 	~~development~~ and telecommunications technology project. The
55.34 	chief information officer must notify the commissioner of
55.35 	finance when work has begun on a project and must identify the
55.36 	proposed budget for the project.  The commissioner of finance
56.1 	shall ensure that no more than ten percent of the ~~amount~~
56.2 	~~anticipated to~~ proposed budget be spent on the project, other
56.3 	than the money spent on the risk assessment and risk mitigation
56.4 	plan, ~~may be~~ is spent until the risk assessment and mitigation
56.5 	plan are reported to the ~~commissioner of administration~~ chief
56.6 	information officer and the ~~commissioner~~ chief information
56.7 	officer has approved the risk mitigation plan.

56.8 	Sec. 14. Minnesota Statutes 2004, section 16E.0465,
56.9 	subdivision 1, is amended to read:
56.10 		Subdivision 1.Application.  This section applies to an
56.11 	appropriation of more than $1,000,000 of state or federal funds
56.12 	to a state agency for any information and ~~communications~~ 
56.13 	telecommunications technology project ~~or data processing device~~
56.14 	~~or system~~ or for any phase of such a project, device, or
56.15 	system.  For purposes of this section, an appropriation of state
56.16 	or federal funds to a state agency includes an appropriation:
56.17 	~~(1) to the Minnesota State Colleges and Universities;~~
56.18 	~~(2) to a constitutional officer;~~
56.19 	~~(3)~~ (1) for a project that includes both a state agency and
56.20 	units of local government; and
56.21 	~~(4)~~ (2) to a state agency for grants to be made to other
56.22 	entities.

56.23 	Sec. 15. Minnesota Statutes 2004, section 16E.0465,
56.24 	subdivision 2, is amended to read:
56.25 		Subd. 2.Required review and approval.  (a) A state
56.26 	agency receiving an appropriation for an information and
56.27 	~~communications~~ telecommunications technology project ~~or data~~
56.28 	~~processing device or system~~ subject to this section must divide
56.29 	the project into phases.
56.30 	(b) The commissioner of finance may not authorize the
56.31 	encumbrance or expenditure of an appropriation of state funds to
56.32 	a state agency for any phase of a project, device, or system
56.33 	subject to this section unless the Office of Enterprise 
56.34 	Technology has reviewed each phase of the project, device, or
56.35 	system, and based on this review, the ~~commissioner of~~
56.36 	~~administration~~ chief information officer has determined for each
57.1 	phase that:
57.2 	(1) the project is compatible with the state information
57.3 	architecture and other policies and standards established by the
57.4 	~~commissioner of administration~~ chief information officer; ~~and~~ 
57.5 	(2) the agency is able to accomplish the goals of the phase
57.6 	of the project with the funds appropriated; and 
57.7 	(3) the project supports the enterprise information
57.8 	technology strategy.

57.9 	Sec. 16. Minnesota Statutes 2004, section 16E.055, is
57.10 	amended to read:
57.11 	16E.055  ~~COMMON WEB FORMAT~~ ELECTRONIC GOVERNMENT SERVICES.
57.12 	A state agency that implements electronic government
57.13 	services for fees, licenses, sales, or other purposes must use ~~a~~
57.14 	~~common Web page format approved by the commissioner of~~
57.15 	~~administration for those electronic government services.  The~~
57.16 	~~commissioner may create a~~ the single entry site created by the
57.17 	chief information officer for all agencies to use for electronic
57.18 	government services.

57.19 	Sec. 17. Minnesota Statutes 2004, section 16E.07,
57.20 	subdivision 8, is amended to read:
57.21 		Subd. 8.Secure transaction system.  The office shall
57.22 	plan and develop a secure transaction system to support delivery
57.23 	of government services electronically. A state agency that
57.24 	implements electronic government services for fees, licenses,
57.25 	sales, or other purposes must use the secure transaction system
57.26 	developed in accordance with this section.

57.27 	Sec. 18. [16E.14] ENTERPRISE TECHNOLOGY REVOLVING FUND.
57.28 		Subdivision 1.Creation. The enterprise technology
57.29 	revolving fund is created in the state treasury.
57.30 		Subd. 2.Appropriation and uses of fund. Money in the
57.31 	enterprise technology revolving fund is appropriated annually to
57.32 	the chief information officer to operate information and
57.33 	telecommunications services, including management, consultation,
57.34 	and design services.
57.35 		Subd. 3.Reimbursements. Except as specifically provided
57.36 	otherwise by law, each agency shall reimburse the enterprise
58.1 	technology revolving fund for the cost of all services,
58.2 	supplies, materials, labor, and depreciation of equipment,
58.3 	including reasonable overhead costs, which the chief information
58.4 	officer is authorized and directed to furnish an agency.  The
58.5 	chief information officer shall report the rates to be charged
58.6 	for the revolving fund no later than July 1 each year to the
58.7 	chair of the committee or division in the senate and house of
58.8 	representatives with primary jurisdiction over the budget of the
58.9 	Office of Enterprise Technology.
58.10 		Subd. 4.Cash flow. The commissioner of finance shall
58.11 	make appropriate transfers to the revolving fund when requested
58.12 	by the chief information officer.  The chief information officer
58.13 	may make allotments and encumbrances in anticipation of such
58.14 	transfers.  In addition, the chief information officer, with the
58.15 	approval of the commissioner of finance, may require an agency
58.16 	to make advance payments to the revolving fund sufficient to
58.17 	cover the office's estimated obligation for a period of at least
58.18 	60 days.  All reimbursements and other money received by the
58.19 	chief information officer under this section must be deposited
58.20 	in the enterprise technology revolving fund.
58.21 		Subd. 5.Liquidation. If the enterprise technology
58.22 	revolving fund is abolished or liquidated, the total net profit
58.23 	from the operation of the fund must be distributed to the
58.24 	various funds from which purchases were made.  The amount to be
58.25 	distributed to each fund must bear to the net profit the same
58.26 	ratio as the total purchases from each fund bears to the total
58.27 	purchases from all the funds during the same period of time.

58.28 	Sec. 19. Minnesota Statutes 2004, section 299C.65,
58.29 	subdivision 1, is amended to read:
58.30 		Subdivision 1.Membership, duties.  (a) The Criminal and
58.31 	Juvenile Justice Information Policy Group consists of the
58.32 	commissioner of corrections, the commissioner of public safety,
58.33 	the ~~commissioner of administration~~ state chief information
58.34 	officer, the commissioner of finance, and four members of the
58.35 	judicial branch appointed by the chief justice of the Supreme
58.36 	Court.  The policy group may appoint additional, nonvoting
59.1 	members as necessary from time to time.
59.2 	(b) The commissioner of public safety is designated as the
59.3 	chair of the policy group.  The commissioner and the policy
59.4 	group have overall responsibility for the successful completion
59.5 	of statewide criminal justice information system integration
59.6 	(CriMNet).  The policy group may hire a program manager to
59.7 	manage the CriMNet projects and to be responsible for the
59.8 	day-to-day operations of CriMNet.  The policy group must ensure
59.9 	that generally accepted project management techniques are
59.10 	utilized for each CriMNet project, including:
59.11 	(1) clear sponsorship;
59.12 	(2) scope management;
59.13 	(3) project planning, control, and execution;
59.14 	(4) continuous risk assessment and mitigation;
59.15 	(5) cost management;
59.16 	(6) quality management reviews;
59.17 	(7) communications management; and
59.18 	(8) proven methodology.
59.19 	(c) Products and services for CriMNet project management,
59.20 	system design, implementation, and application hosting must be
59.21 	acquired using an appropriate procurement process, which
59.22 	includes:
59.23 	(1) a determination of required products and services;
59.24 	(2) a request for proposal development and identification
59.25 	of potential sources;
59.26 	(3) competitive bid solicitation, evaluation, and
59.27 	selection; and
59.28 	(4) contract administration and close-out.
59.29 	(d) The policy group shall study and make recommendations
59.30 	to the governor, the Supreme Court, and the legislature on:
59.31 	(1) a framework for integrated criminal justice information
59.32 	systems, including the development and maintenance of a
59.33 	community data model for state, county, and local criminal
59.34 	justice information;
59.35 	(2) the responsibilities of each entity within the criminal
59.36 	and juvenile justice systems concerning the collection,
60.1 	maintenance, dissemination, and sharing of criminal justice
60.2 	information with one another;
60.3 	(3) actions necessary to ensure that information maintained
60.4 	in the criminal justice information systems is accurate and
60.5 	up-to-date;
60.6 	(4) the development of an information system containing
60.7 	criminal justice information on gross misdemeanor-level and
60.8 	felony-level juvenile offenders that is part of the integrated
60.9 	criminal justice information system framework;
60.10 	(5) the development of an information system containing
60.11 	criminal justice information on misdemeanor arrests,
60.12 	prosecutions, and convictions that is part of the integrated
60.13 	criminal justice information system framework;
60.14 	(6) comprehensive training programs and requirements for
60.15 	all individuals in criminal justice agencies to ensure the
60.16 	quality and accuracy of information in those systems;
60.17 	(7) continuing education requirements for individuals in
60.18 	criminal justice agencies who are responsible for the
60.19 	collection, maintenance, dissemination, and sharing of criminal
60.20 	justice data;
60.21 	(8) a periodic audit process to ensure the quality and
60.22 	accuracy of information contained in the criminal justice
60.23 	information systems;
60.24 	(9) the equipment, training, and funding needs of the state
60.25 	and local agencies that participate in the criminal justice
60.26 	information systems;
60.27 	(10) the impact of integrated criminal justice information
60.28 	systems on individual privacy rights;
60.29 	(11) the impact of proposed legislation on the criminal
60.30 	justice system, including any fiscal impact, need for training,
60.31 	changes in information systems, and changes in processes;
60.32 	(12) the collection of data on race and ethnicity in
60.33 	criminal justice information systems;
60.34 	(13) the development of a tracking system for domestic
60.35 	abuse orders for protection;
60.36 	(14) processes for expungement, correction of inaccurate
61.1 	records, destruction of records, and other matters relating to
61.2 	the privacy interests of individuals; and
61.3 	(15) the development of a database for extended
61.4 	jurisdiction juvenile records and whether the records should be
61.5 	public or private and how long they should be retained.

61.6 	Sec. 20. Minnesota Statutes 2004, section 299C.65,
61.7 	subdivision 2, is amended to read:
61.8 		Subd. 2.Report, task force.  (a) The policy group shall
61.9 	file an annual report with the governor, Supreme Court, and
61.10 	chairs and ranking minority members of the senate and house
61.11 	committees and divisions with jurisdiction over criminal justice
61.12 	funding and policy by December 1 of each year.
61.13 	(b) The report must make recommendations concerning any
61.14 	legislative changes or appropriations that are needed to ensure
61.15 	that the criminal justice information systems operate accurately
61.16 	and efficiently.  To assist them in developing their
61.17 	recommendations, the policy group shall appoint a task force
61.18 	consisting of its members or their designees and the following
61.19 	additional members:
61.20 	(1) the director of the Office of Strategic and Long-Range
61.21 	Planning;
61.22 	(2) two sheriffs recommended by the Minnesota Sheriffs
61.23 	Association;
61.24 	(3) two police chiefs recommended by the Minnesota Chiefs
61.25 	of Police Association;
61.26 	(4) two county attorneys recommended by the Minnesota
61.27 	County Attorneys Association;
61.28 	(5) two city attorneys recommended by the Minnesota League
61.29 	of Cities;
61.30 	(6) two public defenders appointed by the Board of Public
61.31 	Defense;
61.32 	(7) two district judges appointed by the Conference of
61.33 	Chief Judges, one of whom is currently assigned to the juvenile
61.34 	court;
61.35 	(8) two community corrections administrators recommended by
61.36 	the Minnesota Association of Counties, one of whom represents a
62.1 	community corrections act county;
62.2 	(9) two probation officers;
62.3 	(10) four public members, one of whom has been a victim of
62.4 	crime, and two who are representatives of the private business
62.5 	community who have expertise in integrated information systems;
62.6 	(11) two court administrators;
62.7 	(12) one member of the house of representatives appointed
62.8 	by the speaker of the house;
62.9 	(13) one member of the senate appointed by the majority
62.10 	leader;
62.11 	(14) the attorney general or a designee;
62.12 	(15) the ~~commissioner of administration~~ state chief
62.13 	information officer or a designee;
62.14 	(16) an individual recommended by the Minnesota League of
62.15 	Cities; and
62.16 	(17) an individual recommended by the Minnesota Association
62.17 	of Counties.
62.18 	In making these appointments, the appointing authority shall
62.19 	select members with expertise in integrated data systems or best
62.20 	practices.
62.21 	(c) The commissioner of public safety may appoint
62.22 	additional, nonvoting members to the task force as necessary
62.23 	from time to time.

62.24 	Sec. 21. Minnesota Statutes 2004, section 403.36,
62.25 	subdivision 1, is amended to read:
62.26 		Subdivision 1.Membership.  (a) The commissioner of
62.27 	public safety shall convene and chair the Statewide Radio Board
62.28 	to develop a project plan for a statewide, shared, trunked
62.29 	public safety radio communication system.  The system may be
62.30 	referred to as "Allied Radio Matrix for Emergency Response," or
62.31 	"ARMER."
62.32 	(b) The board consists of the following members or their
62.33 	designees:
62.34 	(1) the commissioner of public safety;
62.35 	(2) the commissioner of transportation;
62.36 	(3) the ~~commissioner of administration~~ state chief
63.1 	information officer;
63.2 	(4) the commissioner of natural resources;
63.3 	(5) the chief of the Minnesota State Patrol;
63.4 	(6) the commissioner of health;
63.5 	(7) the commissioner of finance;
63.6 	(8) two elected city officials, one from the nine-county
63.7 	metropolitan area and one from Greater Minnesota, appointed by
63.8 	the governing body of the League of Minnesota Cities;
63.9 	(9) two elected county officials, one from the nine-county
63.10 	metropolitan area and one from Greater Minnesota, appointed by
63.11 	the governing body of the Association of Minnesota Counties;
63.12 	(10) two sheriffs, one from the nine-county metropolitan
63.13 	area and one from Greater Minnesota, appointed by the governing
63.14 	body of the Minnesota Sheriffs' Association;
63.15 	(11) two chiefs of police, one from the nine-county
63.16 	metropolitan area and one from Greater Minnesota, appointed by
63.17 	the governor after considering recommendations made by the
63.18 	Minnesota Chiefs' of Police Association;
63.19 	(12) two fire chiefs, one from the nine-county metropolitan
63.20 	area and one from Greater Minnesota, appointed by the governor
63.21 	after considering recommendations made by the Minnesota Fire
63.22 	Chiefs' Association;
63.23 	(13) two representatives of emergency medical service
63.24 	providers, one from the nine-county metropolitan area and one
63.25 	from Greater Minnesota, appointed by the governor after
63.26 	considering recommendations made by the Minnesota Ambulance
63.27 	Association;
63.28 	(14) the chair of the Metropolitan Radio Board; and
63.29 	(15) a representative of Greater Minnesota elected by those
63.30 	units of government in phase three and any subsequent phase of
63.31 	development as defined in the statewide, shared radio and
63.32 	communication plan, who have submitted a plan to the Statewide
63.33 	Radio Board and where development has been initiated.
63.34 	(c) The Statewide Radio Board shall coordinate the
63.35 	appointment of board members representing Greater Minnesota with
63.36 	the appointing authorities and may designate the geographic
64.1 	region or regions from which an appointed board member is
64.2 	selected where necessary to provide representation from
64.3 	throughout the state.

64.4 	Sec. 22. TRANSFER OF DUTIES.
 64.5 	Responsibilities of the commissioner of administration for
64.6 	state telecommunications systems, state information
64.7 	infrastructure, and electronic conduct of state business under
64.8 	Minnesota Statutes, sections 16B.405; 16B.44; 16B.46; 16B.465;
64.9 	16B.466; and 16B.467, are transferred to the Office of
64.10 	Enterprise Technology.  All positions in the Office of
64.11 	Technology and the Intertechnologies Group are transferred to
64.12 	the Office of Enterprise Technology.  Minnesota Statutes,
64.13 	section 15.039, applies to the transfer of responsibilities in
64.14 	this section.

64.15 	Sec. 23. REVISOR INSTRUCTION.
 64.16 	In the next and subsequent editions of Minnesota Statutes,
64.17 	the revisor of statutes shall:
64.18 	(1) substitute the term "chief information officer" for
64.19 	"commissioner" and "commissioner of administration" in the
64.20 	following sections:  16B.405; 16B.44; 16B.46; 16B.465; 16B.466;
64.21 	16B.467; 16E.03, subdivisions 4, 5, 6, and 8; 16E.035; and
64.22 	16E.07, subdivision 4;
64.23 	(2) substitute the term "Office of Enterprise Technology"
64.24 	for the term "Office of Technology"; and 
64.25 	(3) recodify the following sections into chapter 16E:
64.26 	16B.405; 16B.44; 16B.46; 16B.465; 16B.466; and 16B.467.

64.27 	Sec. 24. REPEALER.
 64.28 	Minnesota Statutes 2004, sections 16B.48, subdivision 3;
64.29 	and 16E.0465, subdivision 3, are repealed.

64.30 	ARTICLE 5
64.31 	ELECTIONS

64.32 	Section 1. Minnesota Statutes 2004, section 10A.01,
64.33 	subdivision 9, is amended to read:
64.34 		Subd. 9.Campaign expenditure.  "Campaign expenditure" or
64.35 	"expenditure" means a purchase or payment of money or anything
64.36 	of value, or an advance of credit, made or incurred for the
65.1 	purpose of influencing the nomination or election of a candidate
65.2 	or for the purpose of promoting or defeating a ballot question.
65.3 	"Campaign expenditure" includes payments for attending a
65.4 	state or national convention of a political party and payments
65.5 	for funeral gifts or memorials.
65.6 	An expenditure is considered to be made in the year in
65.7 	which the candidate made the purchase of goods or services or
65.8 	incurred an obligation to pay for goods or services.
65.9 	An expenditure made for the purpose of defeating a
65.10 	candidate is considered made for the purpose of influencing the
65.11 	nomination or election of that candidate or any opponent of that
65.12 	candidate.
65.13 	Except as provided in clause (1), "expenditure" includes
65.14 	the dollar value of a donation in kind.
65.15 	"Expenditure" does not include:
65.16 	(1) noncampaign disbursements as defined in subdivision 26;
65.17 	(2) services provided without compensation by an individual
65.18 	volunteering personal time on behalf of a candidate, ballot
65.19 	question, political committee, political fund, principal
65.20 	campaign committee, or party unit; or
65.21 	(3) the publishing or broadcasting of news items or
65.22 	editorial comments by the news media.

65.23 	Sec. 2. Minnesota Statutes 2004, section 10A.071,
65.24 	subdivision 3, is amended to read:
65.25 		Subd. 3.Exceptions.  (a) The prohibitions in this
65.26 	section do not apply if the gift is:
65.27 	(1) a contribution as defined in section 10A.01,
65.28 	subdivision 11;
65.29 	(2) services to assist an official in the performance of
65.30 	official duties, including but not limited to providing advice,
65.31 	consultation, information, and communication in connection with
65.32 	legislation, and services to constituents;
65.33 	(3) services of insignificant monetary value;
65.34 	(4) a plaque or similar memento recognizing individual
65.35 	services in a field of specialty or to a charitable cause;
65.36 	(5) a trinket or memento ~~of insignificant~~ with a fair
66.1 	market value of $3 or less;
66.2 	(6) informational material of unexceptional value; ~~or~~ 
66.3 	(7) food or a beverage given at a reception, meal, or
66.4 	meeting away from the recipient's place of work by an
66.5 	organization before whom the recipient appears to make a speech
66.6 	or answer questions as part of a program; or 
66.7 	(8) food or a beverage given at a reception held within the
66.8 	seven-county metropolitan area while the legislature is in
66.9 	session and to which all members of the legislature have been
66.10 	invited, and the cost does not exceed $5 for each legislator.
66.11 	(b) The prohibitions in this section do not apply if the
66.12 	gift is given:
66.13 	(1) because of the recipient's membership in a group, a
66.14 	majority of whose members are not officials, and an equivalent
66.15 	gift is given to the other members of the group; or
66.16 	(2) by a lobbyist or principal who is a member of the
66.17 	family of the recipient, unless the gift is given on behalf of
66.18 	someone who is not a member of that family.

66.19 	Sec. 3. Minnesota Statutes 2004, section 135A.17,
66.20 	subdivision 2, is amended to read:
66.21 		Subd. 2.Residential housing list.  All postsecondary
66.22 	institutions that enroll students accepting state or federal
66.23 	financial aid ~~may~~ shall prepare a current list of ~~students~~ the
66.24 	name and address of each student enrolled in the institution and
66.25 	residing in the institution's housing or in other housing within
66.26 	~~ten miles of~~ the county, or a county contiguous to the county,
66.27 	where the institution's campus is located.  Institutions that do
66.28 	not consider student addresses to be public information under
66.29 	applicable federal and state privacy laws shall make release
66.30 	forms available to all students authorizing the institution to
66.31 	provide the addresses to the county auditor.  The list
66.32 	shall ~~include each student's current~~ be based on the most recent
66.33 	residence address the student has provided to the institution.
66.34 	If the student gives the institution, before the list is sent to
66.35 	the county auditor or auditors, a written request that the
66.36 	student's name and residence address be omitted from the list,
67.1 	the institution must honor the request.  The list shall be
67.2 	certified and sent to the appropriate county auditor or auditors
67.3 	for use in election day registration as provided under section
67.4 	201.061, subdivision 3.

67.5 	Sec. 4. Minnesota Statutes 2004, section 201.014,
67.6 	subdivision 2, is amended to read:
67.7 		Subd. 2.Not eligible.  The following individuals are not
67.8 	eligible to vote.  Any individual:
67.9 	(a) Convicted of treason or any felony whose civil rights
67.10 	have not been restored;
67.11 	(b) Under a guardianship ~~of the person~~ in which the court
67.12 	order ~~provides that the ward does not retain~~ revokes the ward's 
67.13 	right to vote; or
67.14 	(c) Found by a court of law to be legally incompetent.

67.15 	Sec. 5. Minnesota Statutes 2004, section 201.061,
67.16 	subdivision 1, is amended to read:
67.17 		Subdivision 1.Prior to election day.  At any time except
67.18 	during the 20 days immediately preceding any election, an
67.19 	eligible voter or any individual who will be an eligible voter
67.20 	at the time of the next election may register to vote in the
67.21 	precinct in which the voter maintains residence by completing a
67.22 	voter registration application as described in section 201.071,
67.23 	subdivision 1, and submitting it in person or by mail to the
67.24 	county auditor of that county or to the Secretary of State's
67.25 	Office.  A registration that is received no later than 5:00 p.m.
67.26 	on the 21st day preceding any election shall be accepted.  An
67.27 	improperly addressed or delivered registration application shall
67.28 	be forwarded within two working days after receipt to the county
67.29 	auditor of the county where the voter maintains residence.  A
67.30 	state or local agency or an individual that accepts from anyone
67.31 	a completed voter registration ~~applications from~~ application
67.32 	signed and dated by a voter must submit the completed
67.33 	~~applications~~ application to the secretary of state or the
67.34 	appropriate county auditor within ~~ten~~ 15 business days after the
67.35 	~~applications are~~ application was dated by the voter.
67.36 	For purposes of this section, mail registration is defined
68.1 	as a voter registration application delivered to the secretary
68.2 	of state, county auditor, or municipal clerk by the United
68.3 	States Postal Service or a commercial carrier.

68.4 	Sec. 6. Minnesota Statutes 2004, section 201.061,
68.5 	subdivision 3, is amended to read:
68.6 		Subd. 3.Election day registration. (a) An individual
68.7 	who is eligible to vote may register on election day by
68.8 	appearing in person at the polling place for the precinct in
68.9 	which the individual maintains residence, by completing a
68.10 	registration application, making an oath in the form prescribed
68.11 	by the secretary of state and providing proof of residence.  An
68.12 	individual may prove residence for purposes of registering by:
68.13 	(1) presenting a driver's license or Minnesota
68.14 	identification card issued pursuant to section 171.07;
68.15 	(2) presenting a current and valid photo identification
68.16 	that shows the name and valid residential address of the voter;
68.17 	(3) presenting a copy of a current utility bill, signed
68.18 	residential lease, bank statement, government check, paycheck,
68.19 	or other government document that shows the name and valid
68.20 	residential address of the voter;
68.21 	(4) presenting any document approved by the secretary of
68.22 	state as proper identification;
68.23 	~~(3)~~ (5) presenting one of the following:
68.24 	(i) a current valid student identification card from a
68.25 	postsecondary educational institution in Minnesota, if a list of
68.26 	students from that institution has been prepared under section
68.27 	135A.17 and certified to the county auditor in the manner
68.28 	provided in rules of the secretary of state; ~~or~~ 
68.29 	(ii) a current student fee statement that contains the
68.30 	student's valid residential address in the precinct ~~together~~
68.31 	~~with a picture identification card~~;
68.32 	(iii) a copy of a current student registration card that
68.33 	contains the student's valid residential address in the
68.34 	precinct; or 
68.35 	(iv) a current student monthly rental statement that
68.36 	contains the student's valid residential address in the
69.1 	precinct;or
69.2 	~~(4)~~ (6) having a voter who is registered to vote in the
69.3 	precinct, or who is an employee employed by and working in a
69.4 	residential facility in the precinct,sign an oath in the
69.5 	presence of the election judge vouching that the voter or
69.6 	employee personally knows that the individual is a resident of
69.7 	the precinct.  A voter who has been vouched for on election day
69.8 	may not sign a proof of residence oath vouching for any other
69.9 	individual on that election day.
69.10 	(b) The operator of a residential facility shall prepare a
69.11 	list of the names of its employees currently working in the
69.12 	residential facility and the address of the residential
69.13 	facility.  The operator shall certify the list and provide it to
69.14 	the appropriate county auditor no less than 20 days before each
69.15 	election for use in election day registration.
69.16 	(c) For tribal band members ~~living on an Indian~~
69.17 	~~reservation~~, an individual may prove residence for purposes of
69.18 	registering by presenting an identification card issued by the
69.19 	tribal government of a tribe recognized by the Bureau of Indian
69.20 	Affairs, United States Department of the Interior, that contains
69.21 	the name, ~~street~~ address, signature, and picture of the
69.22 	individual. ~~The county auditor of each county having territory~~
69.23 	~~within the reservation shall maintain a record of the number of~~
69.24 	~~election day registrations accepted under this section.~~
69.25 	(d) A county, school district, or municipality may require
69.26 	that an election judge responsible for election day registration
69.27 	initial each completed registration application.

69.28 	Sec. 7. Minnesota Statutes 2004, section 201.061, is
69.29 	amended by adding a subdivision to read:
69.30 		Subd. 3a.Definitions. (a) The definitions in this
69.31 	subdivision apply to subdivision 3.
69.32 	(b) "Bank statement" includes a bank statement, investment
69.33 	account statement, brokerage statement, pension fund statement,
69.34 	dividend check, or any other notice or letter from a financial
69.35 	institution relating to an account or investment held by the
69.36 	voter at the financial institution.
70.1 	(c) "Government check" includes a Social Security
70.2 	Administration check statement or a check stub or electronic
70.3 	deposit receipt from a public assistance payment or tax refund
70.4 	or credit.
70.5 	(d) "Other government document" includes military
70.6 	identification; a document issued by a governmental entity that
70.7 	qualifies for use as identification for purposes of acquiring a
70.8 	driver's license in this state; a Metro Mobility card; a
70.9 	property tax statement; a public housing lease or rent statement
70.10 	or agreement, or a rent statement or agreement provided under a
70.11 	subsidized housing program; a document or statement provided to
70.12 	a voter as evidence of income or eligibility for a tax deduction
70.13 	or tax credit; a periodic notice from a federal, state, or local
70.14 	agency for a public assistance program, such as the Minnesota
70.15 	family investment program, food stamps, general assistance,
70.16 	medical assistance, general assistance medical care,
70.17 	MinnesotaCare, unemployment benefits, or Social Security; an
70.18 	insurance card for a government administered or subsidized
70.19 	health insurance program; or a discharge certificate, pardon, or
70.20 	other official document issued to the voter in connection with
70.21 	the resolution of a criminal case, indictment, sentence, or
70.22 	other matter, in accordance with state law.
70.23 	(e) "Paycheck" includes a check stub or electronic deposit
70.24 	receipt.
70.25 	(f) "Residential facility" means transitional housing as
70.26 	defined in section 119A.43, subdivision 1; a supervised living
70.27 	facility licensed by the commissioner of health under section
70.28 	144.50, subdivision 6; a nursing home as defined in section
70.29 	144A.01, subdivision 5; a residence registered with the
70.30 	commissioner of health as a housing with services establishment
70.31 	as defined in section 144D.01, subdivision 4; a veterans home
70.32 	operated by the board of directors of the Minnesota Veterans
70.33 	Homes under chapter 198; a residence licensed by the
70.34 	commissioner of human services to provide a residential program
70.35 	as defined in section 245A.02, subdivision 14; a residential
70.36 	facility for persons with a developmental disability licensed by
71.1 	the commissioner of human services under section 252.28; group
71.2 	residential housing as defined in section 256I.03, subdivision
71.3 	3; a shelter for battered women as defined in section 611A.37,
71.4 	subdivision 4; or a supervised publicly or privately operated
71.5 	shelter or dwelling designed to provide temporary living
71.6 	accommodations for the homeless.
71.7 	(g) "Utility bill" includes a bill for gas, electricity,
71.8 	telephone, wireless telephone, cable television, solid waste,
71.9 	water, or sewer services.

71.10 	Sec. 8. Minnesota Statutes 2004, section 201.071,
71.11 	subdivision 1, is amended to read:
71.12 		Subdivision 1.Form.  A voter registration application
71.13 	must be of suitable size and weight for mailing and contain
71.14 	spaces for the following required information:  voter's first
71.15 	name, middle name, and last name; voter's previous name, if any;
71.16 	voter's current address; voter's previous address, if any;
71.17 	voter's date of birth; voter's municipality and county of
71.18 	residence; voter's telephone number, if provided by the voter;
71.19 	date of registration; current and valid Minnesota driver's
71.20 	license number or Minnesota state identification number, or if
71.21 	the voter has no current and valid Minnesota driver's license or
71.22 	Minnesota state identification, the last four digits of the
71.23 	voter's Social Security number; and voter's signature.  The
71.24 	registration application may include the voter's e-mail address,
71.25 	if provided by the voter, and the voter's interest in serving as
71.26 	an election judge, if indicated by the voter.  The application
71.27 	must also contain the following certification of voter
71.28 	eligibility:
71.29 	"I certify that I:
71.30 	(1) will be at least 18 years old on election day;
71.31 	(2) am a citizen of the United States;
71.32 	(3) will have resided in Minnesota for 20 days immediately
71.33 	preceding election day;
71.34 	(4) maintain residence at the address given on the
71.35 	registration form;
71.36 	(5) am not under court-ordered guardianship ~~of the person~~
72.1 	~~where I have not retained the~~ in which the court order revokes
72.2 	my right to vote;
72.3 	(6) have not been found by a court to be legally
72.4 	incompetent to vote;
72.5 	(7) have ~~not~~ the right to vote because, if I have been
72.6 	convicted of a felony ~~without having my civil rights restored~~ ,
72.7 	my felony sentence has expired (been completed) or I have been
72.8 	discharged; and
72.9 	(8) have read and understand the following statement:  that
72.10 	giving false information is a felony punishable by not more than
72.11 	five years imprisonment or a fine of not more than $10,000, or
72.12 	both."
72.13 	The certification must include boxes for the voter to
72.14 	respond to the following questions:
72.15 	"(1) Are you a citizen of the United States?" and
72.16 	"(2) Will you be 18 years old on or before election day?"
72.17 	And the instruction:
72.18 	"If you checked 'no' to either of these questions, do not
72.19 	complete this form."
72.20 	The voter registration application must set forth the
72.21 	deadline under section 201.061, subdivision 1, for returning a
72.22 	voter registration application after it is dated by the voter.
72.23 	Text on the voter registration application must be printed
72.24 	in black ink.
72.25 	The form of the voter registration application and the
72.26 	certification of voter eligibility must be as provided in this
72.27 	subdivision ~~and approved by the secretary of state~~.  Voter
72.28 	registration forms authorized by the National Voter Registration
72.29 	Act may also be accepted as valid.
72.30 	An individual may use a voter registration application to
72.31 	apply to register to vote in Minnesota or to change information
72.32 	on an existing registration.

72.33 	Sec. 9. Minnesota Statutes 2004, section 201.091,
72.34 	subdivision 4, is amended to read:
72.35 		Subd. 4.Public information lists.  The county auditor
72.36 	shall make available for inspection a public information list
73.1 	which must contain the name, address, year of birth, and voting
73.2 	history of each registered voter in the county.  The telephone
73.3 	number must be included on the list if provided by the voter.
73.4 	The public information list may also include information on
73.5 	voting districts.  The county auditor may adopt reasonable rules
73.6 	governing access to the list.  No individual inspecting the
73.7 	public information list shall tamper with or alter it in any
73.8 	manner.  No individual who inspects the public information list
73.9 	or who acquires a list of registered voters prepared from the
73.10 	public information list may use any information contained in the
73.11 	list for purposes unrelated to elections, political activities,
73.12 	or law enforcement.  The secretary of state may provide copies
73.13 	of the public information lists and other information from the
73.14 	statewide registration system for uses related to elections,
73.15 	political activities, or in response to a law enforcement
73.16 	inquiry from a public official concerning a failure to comply
73.17 	with any criminal statute or any state or local tax statute.
73.18 	Before inspecting the public information list or obtaining
73.19 	a list of voters or other information from the list, the
73.20 	individual shall provide identification to the public official
73.21 	having custody of the public information list and shall state in
73.22 	writing that any information obtained from the list will not be
73.23 	used for purposes unrelated to elections, political activities,
73.24 	or law enforcement.  Requests to examine or obtain information
73.25 	from the public information lists or the statewide registration
73.26 	system must be made and processed in the manner provided in the
73.27 	rules of the secretary of state.
73.28 	Upon receipt of a ~~written request and a copy of the court~~
73.29 	~~order~~ statement signed by the voter that withholding the voter's
73.30 	name from the public information list is required for the safety
73.31 	of the voter or the voter's family, the secretary of state and
73.32 	county auditor must withhold from the public information list
73.33 	the name of ~~any~~ a registered voter ~~placed under court-ordered~~
73.34 	~~protection~~.

73.35 	Sec. 10. Minnesota Statutes 2004, section 201.15, is
73.36 	amended to read:
74.1 	201.15 DISTRICT JUDGE, REPORT GUARDIANSHIPS AND
74.2 	COMMITMENTS.
74.3 		Subdivision 1.Guardianships and incompetents. Pursuant
74.4 	to the Help America Vote Act of 2002, Public Law 107-252, the
74.5 	state court administrator shall report monthly by electronic
74.6 	means to the secretary of state the name, address, and date of
74.7 	birth of each individual 18 years of age or over, who during the
74.8 	month preceding the date of the report:
74.9 	(a) was placed under a guardianship ~~of the person~~ in which
74.10 	the court order ~~provides that the ward does not retain~~ revokes 
74.11 	the ward's right to vote; or
74.12 	(b) was adjudged legally incompetent.
74.13 	The court administrator shall also report the same
74.14 	information for each individual transferred to the jurisdiction
74.15 	of the court who meets a condition specified in clause (a) or
74.16 	(b).  The secretary of state shall determine if any of the
74.17 	persons in the report is registered to vote and shall prepare a
74.18 	list of those registrants for the county auditor.  The county
74.19 	auditor shall change the status on the record in the statewide
74.20 	registration system of any individual named in the report to
74.21 	indicate that the individual is not eligible to reregister or
74.22 	vote.
74.23 		Subd. 2.~~restoration to capacity~~ guardianship termination
74.24 	or modification. Pursuant to the Help America Vote Act of 2002,
74.25 	Public Law 107-252, the state court administrator shall report
74.26 	monthly by electronic means to the secretary of state the name,
74.27 	address, and date of birth of each individual ~~transferred from~~ 
74.28 	whose guardianship ~~to conservatorship or who is restored to~~
74.29 	~~capacity by the court~~ was modified to restore the ward's right
74.30 	to vote or whose guardianship was terminated by order of the
74.31 	court under section 524.5-317after being ineligible to vote for
74.32 	any of the reasons specified in subdivision 1.  The secretary of
74.33 	state shall determine if any of the persons in the report is
74.34 	registered to vote and shall prepare a list of those registrants
74.35 	for the county auditor.  The county auditor shall change the
74.36 	status on the voter's record in the statewide registration
75.1 	system to "active."

75.2 	Sec. 11. Minnesota Statutes 2004, section 203B.16, is
75.3 	amended by adding a subdivision to read:
75.4 		Subd. 5.Duties of county auditor. Each county auditor
75.5 	shall mail absentee ballot applications to the study-abroad
75.6 	office of each college or university whose principal
75.7 	administrative offices are located within the county.

75.8 	Sec. 12. Minnesota Statutes 2004, section 204B.10,
75.9 	subdivision 6, is amended to read:
75.10 		Subd. 6.Ineligible voter.  Upon receipt of a certified
75.11 	copy of a final judgment or order of a court of competent
75.12 	jurisdiction that a person who has filed an affidavit of
75.13 	candidacy or who has been nominated by petition:
75.14 	(1) has been convicted of treason or a felony and the
75.15 	person's civil rights have not been restored;
75.16 	(2) is under guardianship ~~of the person~~ in which the court
75.17 	order revokes the ward's right to vote; or
75.18 	(3) has been found by a court of law to be legally
75.19 	incompetent;
75.20 	the filing officer shall notify the person by certified mail at
75.21 	the address shown on the affidavit or petition, and shall not
75.22 	certify the person's name to be placed on the ballot.  The
75.23 	actions of a filing officer under this subdivision are subject
75.24 	to judicial review under section 204B.44.

75.25 	Sec. 13. Minnesota Statutes 2004, section 204B.24, is
75.26 	amended to read:
75.27 	204B.24 ELECTION JUDGES; OATH.
75.28 	Each election judge shall sign the following oath before
75.29 	assuming the duties of the office:
75.30 	"I .......... solemnly swear that I will perform the duties
75.31 	of election judge according to law and the best of my ability
75.32 	and will diligently endeavor to prevent fraud, deceit and abuse
75.33 	in conducting this election. I will perform my duties in a fair
75.34 	and impartial manner and not attempt to create an advantage for
75.35 	my party or for any candidate."
75.36 	The oath shall be attached to the summary statement of the
76.1 	election returns of that precinct.  If there is no individual
76.2 	present who is authorized to administer oaths, the election
76.3 	judges may administer the oath to each other.

76.4 	Sec. 14. Minnesota Statutes 2004, section 204B.27,
76.5 	subdivision 11, is amended to read:
76.6 		Subd. 11.Translation of voting ~~instructions~~ materials.
 76.7 	The secretary of state ~~may~~ shall develop voter registration
76.8 	applications, absentee ballot applications, ballot instructions,
76.9 	absentee ballot instructions, and voting instructions in
76.10 	languages other than English~~, to be posted and made available in~~
76.11 	~~polling places during elections~~.  The state demographer shall
76.12 	determine and report to the secretary of state the languages
76.13 	that are so common in this state that there is a need for
76.14 	translated voting ~~instructions~~ materials.  The secretary of
76.15 	state shall develop the materials for those languages
76.16 	recommended by the state demographer.  The secretary of state
76.17 	shall publish the materials and provide paper copies on request
76.18 	of any voter at no charge to the voter.  The voting instructions
76.19 	must include a pictorial representation of a voter completing
76.20 	the voting process; the pictorial representation must be posted
76.21 	in each polling place.  In those precincts where the state
76.22 	demographer has determined it is likely that at least five
76.23 	percent of the eligible voters speak one of the languages other
76.24 	than English for which translated voting materials have been
76.25 	published by the secretary of state, the translated materials
76.26 	for that language must be posted or otherwise made available in
76.27 	the polling place.

76.28 	Sec. 15. Minnesota Statutes 2004, section 204C.06,
76.29 	subdivision 2, is amended to read:
76.30 		Subd. 2.Individuals allowed in polling place;
76.31 	identification.  (a) Representatives of the secretary of state's
76.32 	office, the county auditor's office, and the municipal or school
76.33 	district clerk's office may be present at the polling place to
76.34 	observe election procedures.  Except for these representatives,
76.35 	election judges, sergeants-at-arms, and challengers, an
76.36 	individual may remain inside the polling place during voting
77.1 	hours only while voting or registering to vote, providing proof
77.2 	of residence for an individual who is registering to vote, or
77.3 	assisting a handicapped voter or a voter who is unable to read
77.4 	English.  During voting hours no one except individuals
77.5 	receiving, marking, or depositing ballots shall approach within
77.6 	six feet of a voting booth, unless lawfully authorized to do so
77.7 	by an election judge.
77.8 	(b) Teachers and elementary or secondary school students
77.9 	participating in an educational activity authorized by section
77.10 	204B.27, subdivision 7, may be present at the polling place
77.11 	during voting hours.
77.12 	(c) Each official on duty in the polling place must wear an
77.13 	identification badge that shows their role in the election
77.14 	process.  The badge must not show their party affiliation.

77.15 	Sec. 16. Minnesota Statutes 2004, section 204C.07,
77.16 	subdivision 4, is amended to read:
77.17 		Subd. 4.Restrictions on conduct. An election judge may
77.18 	not be appointed as a challenger.The election judges shall
77.19 	permit challengers appointed pursuant to this section to be
77.20 	present in the polling place during the hours of voting and to
77.21 	remain there until the votes are counted and the results
77.22 	declared.  No challenger shall handle or inspect registration
77.23 	cards, files, or lists.  Challengers shall not prepare in any
77.24 	manner any list of individuals who have or have not voted.  They
77.25 	shall not attempt to influence voting in any manner.  They shall
77.26 	not converse with a voter except to determine, in the presence
77.27 	of an election judge, whether the voter is eligible to vote in
77.28 	the precinct.

77.29 	Sec. 17. Minnesota Statutes 2004, section 204C.07, is
77.30 	amended by adding a subdivision to read:
77.31 		Subd. 5.Challenger training. (a)  At least once every
77.32 	two years, the secretary of state shall provide training for all
77.33 	challengers who are appointed to serve at any election to be
77.34 	held in this state.  The secretary of state may delegate to a
77.35 	county or municipal election official the duty to provide
77.36 	training of challengers in that county, municipality, or school
78.1 	district.
78.2 	(b) No individual may serve as a challenger who is not a
78.3 	registered voter in this state and who has not received at least
78.4 	two hours of training within the last two years as required by
78.5 	this subdivision.
78.6 	(c) Each major political party must reimburse the secretary
78.7 	of state, county auditor, or municipal clerk for the cost of
78.8 	training challengers appointed by that major political party.
78.9 	(d) A training authority must issue a certification of
78.10 	challenger training to a person who successfully completes a
78.11 	training course.  The training course must be conducted not more
78.12 	than 60 days before the state primary nor fewer than three days
78.13 	before the general election.  The challenger training course
78.14 	must include information on the following topics:
78.15 	(1) eligibility requirements for voting;
78.16 	(2) forms of identification acceptable for purposes of
78.17 	election day registration;
78.18 	(3) the challenge process; and 
78.19 	(4) restrictions on challenger behavior.

78.20 	Sec. 18. Minnesota Statutes 2004, section 204C.08,
78.21 	subdivision 1a, is amended to read:
78.22 		Subd. 1a.Voter's bill of rights.  The county auditor
78.23 	shall prepare and provide to each polling place sufficient
78.24 	copies of a poster setting forth the Voter's Bill of Rights as
78.25 	set forth in this section.  Before the hours of voting are
78.26 	scheduled to begin, the election judges shall post it in a
78.27 	conspicuous location or locations in the polling place.  The
78.28 	Voter's Bill of Rights is as follows:
78.29 	"VOTER'S BILL OF RIGHTS
78.30 	For all persons residing in this state who meet federal
78.31 	voting eligibility requirements:
78.32 	(1) You have the right to be absent from work for the
78.33 	purpose of voting during the morning of election day.
78.34 	(2) If you are in line at your polling place any time
78.35 	between 7:00 a.m. and 8:00 p.m., you have the right to vote.
78.36 	(3) If you can provide the required proof of residence, you
79.1 	have the right to register to vote and to vote on election day.
79.2 	(4) If you are unable to sign your name, you have the right
79.3 	to orally confirm your identity with an election judge and to
79.4 	direct another person to sign your name for you.
79.5 	(5) You have the right to request special assistance when
79.6 	voting.
79.7 	(6) If you need assistance, you may be accompanied into the
79.8 	voting booth by a person of your choice, except by an agent of
79.9 	your employer or union or a candidate.
79.10 	(7) You have the right to bring your minor children into
79.11 	the polling place and into the voting booth with you.
79.12 	(8) If you have been convicted of a felony but ~~your civil~~
79.13 	~~rights have been restored~~ your felony sentence has expired (been
79.14 	completed) or you have been discharged, you have the right to
79.15 	vote.
79.16 	(9) If you are under a guardianship, you have the right to
79.17 	vote, unless the court order revokes your right to vote.
79.18 	(10) You have the right to vote without anyone in the
79.19 	polling place trying to influence your vote.
79.20 	~~(10)~~ (11) If you make a mistake or spoil your ballot before
79.21 	it is submitted, you have the right to receive a replacement
79.22 	ballot and vote.
79.23 	~~(11)~~ (12) You have the right to file a written complaint at
79.24 	your polling place if you are dissatisfied with the way an
79.25 	election is being run.
79.26 	~~(12)~~ (13) You have the right to take a sample ballot into
79.27 	the voting booth with you.
79.28 	~~(13)~~ (14) You have the right to take a copy of this Voter's
79.29 	Bill of Rights into the voting booth with you."

79.30 	Sec. 19. Minnesota Statutes 2004, section 204C.10, is
79.31 	amended to read:
79.32 	204C.10 PERMANENT REGISTRATION; VERIFICATION OF
79.33 	REGISTRATION.
79.34 	(a) An individual seeking to vote shall sign a polling
79.35 	place roster which states that the individual is at least 18
79.36 	years of age, a citizen of the United States, has resided in
80.1 	Minnesota for 20 days immediately preceding the election,
80.2 	maintains residence at the address shown, is not under a
80.3 	guardianship in which the ~~individual has not retained~~ court
80.4 	order revokes the individual's right to vote, has not been found
80.5 	by a court of law to be legally incompetent to vote or convicted
80.6 	of a felony without having civil rights restored, is registered
80.7 	and has not already voted in the election.  The roster must also
80.8 	state:  "I understand that deliberately providing false
80.9 	information is a felony punishable by not more than five years
80.10 	imprisonment and a fine of not more than $10,000, or both."
80.11 	(b) A judge may, before the applicant signs the roster,
80.12 	confirm the applicant's name, address, and date of birth.
80.13 	(c) After the applicant signs the roster, the judge shall
80.14 	give the applicant a voter's receipt.  The voter shall deliver
80.15 	the voter's receipt to the judge in charge of ballots as proof
80.16 	of the voter's right to vote, and thereupon the judge shall hand
80.17 	to the voter the ballot.  The voters' receipts must be
80.18 	maintained during the time for notice of filing an election
80.19 	contest.

80.20 	Sec. 20. Minnesota Statutes 2004, section 204C.12,
80.21 	subdivision 2, is amended to read:
80.22 		Subd. 2.Statement of grounds; oath.  The challenger
80.23 	shall state the ground for the challenge~~, and~~ in writing, under
80.24 	oath, and based on the challenger's personal knowledge.An
80.25 	election judge shall administer to the challenged individual the
80.26 	following oath:
80.27 	"Do you solemnly swear that you will fully and truly answer
80.28 	all questions put to you concerning your eligibility to vote at
80.29 	this election?"
80.30 	The election judge shall then ask the challenged individual
80.31 	sufficient questions to test that individual's residence and
80.32 	right to vote.

80.33 	Sec. 21. Minnesota Statutes 2004, section 204C.12,
80.34 	subdivision 4, is amended to read:
80.35 		Subd. 4.Refusal to answer questions or sign a polling
80.36 	place roster.  A challenged individual who refuses to answer
81.1 	questions or sign a polling place roster as required by this
81.2 	section must not be allowed to vote.  A challenged individual
81.3 	who leaves the polling place and returns later willing to answer
81.4 	questions or sign a polling place roster must not be allowed to
81.5 	vote, except an individual challenged because of a prior
81.6 	conviction of a felony.

81.7 	Sec. 22. Minnesota Statutes 2004, section 471.895,
81.8 	subdivision 3, is amended to read:
81.9 		Subd. 3.Exceptions.  (a) The prohibitions in this
81.10 	section do not apply if the gift is:
81.11 	(1) a contribution as defined in section 211A.01,
81.12 	subdivision 5;
81.13 	(2) services to assist an official in the performance of
81.14 	official duties, including but not limited to providing advice,
81.15 	consultation, information, and communication in connection with
81.16 	legislation, and services to constituents;
81.17 	(3) services of insignificant monetary value;
81.18 	(4) a plaque or similar memento recognizing individual
81.19 	services in a field of specialty or to a charitable cause;
81.20 	(5) a trinket or memento ~~of insignificant~~ with a fair
81.21 	market value of $3 or less;
81.22 	(6) informational material of unexceptional value; or
81.23 	(7) food or a beverage given at a reception, meal, or
81.24 	meeting away from the recipient's place of work by an
81.25 	organization before whom the recipient appears to make a speech
81.26 	or answer questions as part of a program.
81.27 	(b) The prohibitions in this section do not apply if the
81.28 	gift is given:
81.29 	(1) because of the recipient's membership in a group, a
81.30 	majority of whose members are not local officials, and an
81.31 	equivalent gift is given or offered to the other members of the
81.32 	group;
81.33 	(2) by an interested person who is a member of the family
81.34 	of the recipient, unless the gift is given on behalf of someone
81.35 	who is not a member of that family; or
81.36 	(3) by a national or multistate organization of
82.1 	governmental organizations or public officials, if a majority of
82.2 	the dues to the organization are paid from public funds, to
82.3 	attendees at a conference sponsored by that organization, if the
82.4 	gift is food or a beverage given at a reception or meal and an
82.5 	equivalent gift is given or offered to all other attendees.

82.6 	Sec. 23. Minnesota Statutes 2004, section 524.5-310, is
82.7 	amended to read:
82.8 	524.5-310 FINDINGS; ORDER OF APPOINTMENT.
82.9 	(a) The court may appoint a limited or unlimited guardian
82.10 	for a respondent only if it finds by clear and convincing
82.11 	evidence that:
82.12 	(1) the respondent is an incapacitated person; and
82.13 	(2) the respondent's identified needs cannot be met by less
82.14 	restrictive means, including use of appropriate technological
82.15 	assistance.
82.16 	(b) Alternatively, the court, with appropriate findings,
82.17 	may treat the petition as one for a protective order under
82.18 	section 524.5-401, enter any other appropriate order, or dismiss
82.19 	the proceeding.
82.20 	(c) The court shall grant to a guardian only those powers
82.21 	necessitated by the ward's limitations and demonstrated needs
82.22 	and, whenever feasible, make appointive and other orders that
82.23 	will encourage the development of the ward's maximum
82.24 	self-reliance and independence.  Any power not specifically
82.25 	granted to the guardian, following a written finding by the
82.26 	court of a demonstrated need for that power, is retained by the
82.27 	ward.
82.28 	(d) Within 14 days after an appointment, a guardian shall
82.29 	send or deliver to the ward, and counsel if represented at the
82.30 	hearing, a copy of the order of appointment accompanied by a
82.31 	notice which advises the ward of the right to appeal the
82.32 	guardianship appointment in the time and manner provided by the
82.33 	Rules of Appellate Procedure.
82.34 	(e) Each year, within 30 days after the anniversary date of
82.35 	an appointment, a guardian shall send or deliver to the ward a
82.36 	notice of the right to request termination or modification of
83.1 	the guardianship and notice of the status of the ward's right to
83.2 	vote.

83.3 	Sec. 24. [641.45] VOTING ASSISTANCE TO INMATES.
83.4 	Upon an inmate's admission to a county jail, workhouse, or
83.5 	other correctional facility under the control of the county, in
83.6 	addition to other information required to be provided by law or
83.7 	rule, the county sheriff or jailer shall provide to the inmate
83.8 	information on how to vote.  When requested by an inmate, the
83.9 	county sheriff or jailer, in consultation with the county
83.10 	auditor, shall determine the inmate's eligibility to vote at a
83.11 	municipal, county, state, or federal election and obtain from
83.12 	the appropriate county auditor an absentee ballot application
83.13 	and provide it to the inmate requesting it.

83.14 	Sec. 25. EFFECTIVE DATE.
 83.15 	Sections 1, 2, and 22 are effective the day following final
83.16 	enactment.