Minnesota Legislature
SF 2082A
Conference Committee Report - 86th Legislature (2009 - 2010) Posted on 01/15/2013 08:28pm
KEY: stricken = removed, old language.
underscored = added, new language.
1.1CONFERENCE COMMITTEE REPORT ON S.F. No. 2082
1.3relating to government operations; modifying provisions for general legislative
1.4and administrative expenses of state government; regulating state and local
1.5government operations; establishing a statewide electronic licensing system;
1.6requiring reports; appropriating money;amending Minnesota Statutes 2008,
1.7sections 5.12, subdivision 1; 5.29; 5.32; 5A.03; 10A.31, subdivision 4; 16A.133,
1.8subdivision 1; 16B.24, subdivision 5; 43A.49; 45.24; 270C.63, subdivision 13;
1.9302A.821; 303.14; 303.16, subdivision 4; 308A.995; 308B.121, subdivisions 1,
1.102; 317A.823; 321.0206; 321.0210; 321.0810; 322B.960; 323A.1003; 333.055;
1.11336A.04, subdivision 3; 336A.09, subdivision 2; 359.01, subdivision 3; 469.175,
1.12subdivisions 1, 6; proposing coding for new law in Minnesota Statutes, chapters
1.135; 16E; repealing Minnesota Statutes 2008, section 240A.08.
1.14May 13, 2009
1.15The Honorable James P. Metzen
1.16President of the Senate
1.17The Honorable Margaret Anderson Kelliher
1.18Speaker of the House of Representatives
1.19We, the undersigned conferees for S.F. No. 2082 report that we have agreed upon
1.20the items in dispute and recommend as follows:
1.21That the House recede from its amendments and that S.F. No. 2082 be further
1.22amended as follows:
1.23Delete everything after the enacting clause and insert:
1.27 The amounts shown in this section summarize direct appropriations, by fund, made
1.28in this article.
2.13 The sums shown in the columns marked "appropriations" are appropriated to the
2.14agencies and for the purposes specified in this article. The appropriations are from the
2.15general fund, or another named fund, and are available for the fiscal years indicated
2.16for each purpose. The figures "2010" and "2011" used in this article mean that the
2.17appropriations listed under them are available for the fiscal year ending June 30, 2010, or
2.18June 30, 2011, respectively. "The first year" is fiscal year 2010. "The second year" is fiscal
2.19year 2011. "The biennium" is fiscal years 2010 and 2011.
3.1The amounts that may be spent for each
3.2purpose are specified in the following
3.3subdivisions.
3.10(a) $5,657,000 the first year and $5,657,000
3.11the second year are for the Office of the
3.12Revisor of Statutes.
3.13(b) $1,379,000 the first year and $1,379,000
3.14the second year are for the Legislative
3.15Reference Library.
3.16(c) $5,833,000 the first year and $5,833,000
3.17the second year are for the Office of the
3.18Legislative Auditor.
3.19(d) $10,000 the first year is for purposes
3.20of the legislators' forum, through which
3.21Minnesota legislators meet with counterparts
3.22from South Dakota, North Dakota, and
3.23Manitoba to discuss issues of mutual
3.24concern. This appropriation is available until
3.25June 30, 2011.
3.28(a) This appropriation is to fund the Office
3.29of the Governor and Lieutenant Governor.
3.30$19,000 the first year and $19,000 the
3.31second year are for necessary expenses in
4.1the normal performance of the governor's
4.2and lieutenant governor's duties for which no
4.3other reimbursement is provided.
4.4(b) By September 1 of each year, the
4.5commissioner of finance shall report to the
4.6chairs and ranking minority members of the
4.7senate State Government Budget Division
4.8and the house of representatives State
4.9Government Finance Division any personnel
4.10costs incurred by the Office of the Governor
4.11and Lieutenant Governor that were supported
4.12by appropriations to other agencies during
4.13the previous fiscal year. The Office of the
4.14Governor shall inform the chairs and ranking
4.15minority members of the divisions before
4.16initiating any interagency agreements.
4.17(c) During the biennium ending June 30,
4.182011, the Office of the Governor may not
4.19receive payments of more than $702,000
4.20each fiscal year from other executive
4.21agencies under Minnesota Statutes, section
4.2215.53, to support personnel costs incurred
4.23by the office. Payments received under this
4.24paragraph must be deposited in a special
4.25revenue account. Money in the account is
4.26appropriated to the Office of the Governor.
4.27The authority in this paragraph supersedes
4.28other law enacted in 2009 that limits the
4.29ability of the office to enter into agreements
4.30relating to personnel costs with other
4.31executive branch agencies or prevents the use
4.32of appropriations made to other agencies for
4.33agreements with the office under Minnesota
4.34Statutes, section 15.53.
5.1$680,000 the first year is for additional audit
5.2activities under the American Recovery
5.3and Reinvestment Act of 2009. This
5.4appropriation remains available through June
5.530, 2011.
5.6$1,000,000 of the balance in the tax
5.7increment financing enforcement account
5.8established in Minnesota Statutes, section
5.9469.177, subdivision 11, is canceled to the
5.10general fund on July 1, 2009. This is a
5.11onetime cancellation.
5.21Any funds available in the account
5.22established in Minnesota Statutes, section
5.235.30, pursuant to the Help America Vote Act,
5.24are appropriated for the purposes and uses
5.25authorized by federal law.
6.3$4,263,000 the first year and $4,263,000 the
6.4second year are for information technology
6.5security. The chief information officer,
6.6in consultation with the commissioner of
6.7finance, shall develop a cost recovery plan
6.8for the 2012-2013 biennium to bill certain
6.9state agencies, constitutional officers, and
6.10other state and local government entities for
6.11the cost of information technology security.
6.12By March 15, 2010, the chief information
6.13officer shall report the plan and the potential
6.14for rates to be charged to agencies to the
6.15chairs and ranking minority members of
6.16the legislative committee divisions with
6.17jurisdiction over the budget for the office.
6.18The requirements imposed on the
6.19commissioner of finance and the chief
6.20information officer under Laws 2007, chapter
6.21148, article 1, section 10, paragraph (e),
6.22regarding the determination of the savings
6.23attributable to the electronic licensing
6.24system and information technology security
6.25improvements are inoperative.
7.1$130,000 in the first year is for the cost
7.2of considering complaints filed under
7.3Minnesota Statutes, section 211B.32. Until
7.4June 30, 2011, the chief administrative
7.5law judge may not make any assessment
7.6against a county or counties under Minnesota
7.7Statutes, section 211B.37. Any amount of
7.8this appropriation that remains unspent at
7.9the end of the biennium must be canceled
7.10to the general account of the state elections
7.11campaign fund. The base for fiscal year 2012
7.12is $130,000, to be available for the biennium,
7.13under the same terms.
7.21The amounts that may be spent for each
7.22purpose are specified in the following
7.23subdivisions.
7.29(a) $802,000 the first year and $802,000
7.30the second year are for the Minnesota
7.31Geospatial Information Office. Of the total
8.1appropriation, $10,000 per year is intended
8.2for preparation of township acreage data in
8.3Laws 2008, chapter 366, article 17, section
8.47, subdivision 3.
8.5(b) $74,000 the first year and $74,000
8.6the second year are for the Council on
8.7Developmental Disabilities.
8.8(c) $127,000 the first year and $127,000
8.9the second year are for transfer to the
8.10commissioner of human services for a grant
8.11to the Council on Developmental Disabilities
8.12for the purpose of establishing a statewide
8.13self-advocacy network for persons with
8.14intellectual and developmental disabilities
8.15(ID/DD). The self-advocacy network shall:
8.16(1) ensure that persons with ID/DD are
8.17informed of their rights in employment,
8.18housing, transportation, voting, government
8.19policy, and other issues pertinent to the
8.20ID/DD community; (2) provide public
8.21education and awareness of the civil and
8.22human rights issues persons with ID/DD
8.23face; (3) provide funds, technical assistance,
8.24and other resources for self-advocacy groups
8.25across the state; and (4) organize systems of
8.26communications to facilitate an exchange of
8.27information between self-advocacy groups.
8.28This appropriation must be included in the
8.29base budget for the commissioner of human
8.30services for the biennium beginning July 1,
8.312011.
8.32(d) $250,000 the first year and $170,000 the
8.33second year are to fund activities to prepare
8.34for and promote the 2010 census.
9.1(e) $206,000 the first year and $206,000 the
9.2second year are for the Office of the State
9.3Archaeologist.
9.4(f) $8,388,000 the first year and $8,388,000
9.5the second year are for office space costs of
9.6the legislature and veterans organizations,
9.7for ceremonial space, and for statutorily free
9.8space.
9.9(g) $3,500,000 of the balance in the facilities
9.10repair and replacement account in the special
9.11revenue fund is canceled to the general
9.12fund on July 1, 2009. This is a onetime
9.13cancellation.
9.14(h) The requirements imposed on
9.15the commissioner of finance and the
9.16commissioner of administration under
9.17Laws 2007, chapter 148, article 1, section
9.1812, subdivision 2, paragraph (b), relating
9.19to the savings attributable to the real
9.20property portfolio management system are
9.21inoperative.
9.22(i) $250,000 is appropriated to the
9.23commissioner of administration from the
9.24information and telecommunications account
9.25in the special revenue fund to continue
9.26planning for data center consolidation,
9.27including beginning a predesign study
9.28and lifecycle cost analysis, and exploring
9.29technologies to reduce energy consumption
9.30and operating costs.
9.32$125,000 each year is for the Office of
9.33Grant Management. During the biennium
9.34ending June 30, 2011, the commissioner
10.1must recover this amount through deductions
10.2in state grants subject to the jurisdiction
10.3of the office. The commissioner may not
10.4deduct more than 2.5 percent from the
10.5amount of any grant. The amount deducted
10.6from appropriations for these grants must be
10.7deposited in the general fund.
10.8$25,000 the first year is for the Office
10.9of Grants Management to study and
10.10make recommendations on improving
10.11collaborative activities between the state,
10.12nonprofit entities, and the private sector,
10.13including: (1) recommendations for
10.14expanding successful initiatives involving
10.15not-for-profit organizations that have
10.16demonstrated measurable, positive results
10.17in addressing high-priority community
10.18issues; and (2) recommendations on grant
10.19requirements and design to encourage
10.20programs receiving grants to become
10.21self-sufficient. The office may appoint an
10.22advisory group to assist in the study and
10.23recommendations. The office must report
10.24its recommendations to the legislature by
10.25January 15, 2010.
10.30$500,000 the first year is for oversight and
10.31reporting of federal funds received under the
10.32American Recovery and Reinvestment Act
10.33of 2009. This appropriation is available until
10.34June 30, 2011.
11.10The amounts that may be spent for each
11.11purpose are specified in subdivisions 2 and 3.
11.19The requirements imposed on the
11.20commissioners of finance and revenue under
11.21Laws 2007, chapter 148, article 1, section
11.2216, subdivision 2, paragraph (d), relating to
11.23the determination of savings attributable to
11.24implementing the integrated tax software
11.25package are inoperative.
11.26(a) $2,656,000 the first year and $5,225,000
11.27the second year are for additional activities
11.28to identify and collect tax liabilities from
11.29individuals and businesses that currently
11.30do not pay all taxes owed. This initiative
12.1is expected to result in new general fund
12.2revenues of $20,810,000 for the biennium
12.3ending June 30, 2011.
12.4(b) The department must report to the chairs
12.5of the house of representatives Ways and
12.6Means and senate Finance Committees by
12.7March 1, 2010, and January 15, 2011, on the
12.8following performance indicators:
12.9(1) the number of corporations noncompliant
12.10with the corporate tax system each year and
12.11the percentage and dollar amounts of valid
12.12tax liabilities collected;
12.13(2) the number of businesses noncompliant
12.14with the sales and use tax system and the
12.15percentage and dollar amount of the valid tax
12.16liabilities collected; and
12.17(3) the number of individual noncompliant
12.18cases resolved and the percentage and dollar
12.19amounts of valid tax liabilities collected.
12.21$811,000 the first year and $1,670,000 the
12.22second year are for additional activities
12.23to identify and collect tax liabilities from
12.24individuals and businesses that currently
12.25do not pay all taxes owed. This initiative
12.26is expected to result in new general fund
12.27revenues of $20,700,000 for the biennium
12.28ending June 30, 2011.
12.30These appropriations are from the lawful
12.31gambling regulation account in the special
12.32revenue fund.
13.2These appropriations are from the racing
13.3and card playing regulation accounts in the
13.4special revenue fund.
13.6Notwithstanding Minnesota Statutes, section
13.7349A.10 , subdivision 3, the operating budget
13.8must not exceed $28,111,000 in fiscal year
13.92010 and $28,740,000 in fiscal year 2011.
13.11These appropriations are to be spent by
13.12the commissioner of finance according
13.13to Minnesota Statutes, section 3.736,
13.14subdivision 7. If the appropriation for either
13.15year is insufficient, the appropriation for the
13.16other year is available for it.
13.20The amounts that may be spent for each
13.21purpose are specified in the following
13.22subdivisions.
13.24Under Minnesota Statutes, sections 3A.03,
13.25subdivision 2;3A.04 , subdivisions 3 and 4;
13.26and3A.115 .
13.28Under Minnesota Statutes, section 352C.001.
14.1If an appropriation in this section for either
14.2year is insufficient, the appropriation for the
14.3other year is available for it.
14.6These amounts are estimated to be needed
14.7under Minnesota Statutes, section 422A.101,
14.8subdivision 3.
14.11The amounts estimated to be needed are as
14.12follows:
14.13(a) Special direct state aid. $12,954,000 the
14.14first year and $12,954,000 the second year
14.15are for special direct state aid authorized
14.16under Minnesota Statutes, section 354A.12,
14.17subdivisions 3a and 3c.
14.18(b) Special direct state matching aid.
14.19$2,500,000 the first year and $2,500,000
14.20the second year are for special direct state
14.21matching aid authorized under Minnesota
14.22Statutes, section 354A.12, subdivision 3b.
14.25The amounts estimated to be needed for
14.26special direct state aid to first class city
14.27teachers retirement funds authorized under
14.28Minnesota Statutes, section354A.12 ,
14.29subdivisions 3a and 3c.
15.1The amounts estimated to be needed for
15.2special direct state aid to first class city
15.3teachers retirement funds authorized under
15.4Minnesota Statutes, section354A.12 ,
15.5subdivisions 3a and 3c.
15.7The amount available for appropriation to
15.8the commission under Laws 2005, chapter
15.9156, article 2, section 43, is reduced in the
15.10first year and the second year by the amounts
15.11appropriated in this section.
15.19$32,000 each year is for activities of the
15.20council relating to Indian burial sites,
15.21including activities relating to unfunded
15.22federal mandates.
16.5(a) The appropriations in this section
16.6may only be spent with the approval of
16.7the governor after consultation with the
16.8Legislative Advisory Commission pursuant
16.9to Minnesota Statutes, section 3.30.
16.10(b) Of the appropriation to the general fund
16.11contingent account, $750,000 is a onetime
16.12appropriation for potential state matching
16.13requirements needed to maximize receipt of
16.14federal funds under the American Recovery
16.15and Reinvestment Act of 2009.
16.16(c) If an appropriation in this section for
16.17either year is insufficient, the appropriation
16.18for the other year is available for it.
16.19(d) If a contingent account appropriation
16.20is made in one fiscal year, it should be
16.21considered a biennial appropriation.
16.22 Sec. 31. PROBLEM GAMBLING APPROPRIATION.
16.23 $225,000 in fiscal year 2010 and $225,000 in fiscal year 2011 are appropriated from
16.24the lottery prize fund to the Gambling Control Board for a grant to the state affiliate
16.25recognized by the National Council on Problem Gambling. The affiliate must provide
16.26services to increase public awareness of problem gambling, education and training for
16.27individuals and organizations providing effective treatment services to problem gamblers
16.28and their families, and research relating to problem gambling. These services must be
16.29complimentary to and not duplicative of the services provided through the problem
16.30gambling program administered by the commissioner of human services. Of this
16.31appropriation, $50,000 in fiscal year 2010 and $50,000 in fiscal year 2011 are contingent
16.32on the contribution of nonstate matching funds. Matching funds may be either cash or
16.33qualifying in-kind contributions. The commissioner of finance may disburse the state
17.1portion of the matching funds in increments of $25,000 upon receipt of a commitment for
17.2an equal amount of matching nonstate funds. These are onetime appropriations.
17.3 Sec. 32. INDIRECT COST RECOVERY.
17.4To the extent that the federal government allows statewide indirect cost
17.5recovery against money received under the American Recovery and Reinvestment
17.6Act (ARRA), money recovered for the central administration, financial oversight,
17.7or public accountability of federal stimulus money in excess of any direct general
17.8fund appropriations made for these purposes is appropriated to the commissioner of
17.9finance. Money received under this section must be spent before any other general fund
17.10appropriations for ARRA activities. The commissioner of finance must reduce the unspent
17.11amount of general fund appropriations for federal stimulus money reporting and oversight
17.12activities by an amount equivalent to the money recovered under this section, up to the
17.13total amount of the unspent general fund appropriations.
17.16 Section 1. Minnesota Statutes 2008, section 3.303, subdivision 8, is amended to read:
17.17 Subd. 8. Ethnic heritage and new Americans. The commission shall undertake
17.18activities it determines are necessary to assist state government to foster an understanding
17.19and appreciation of ethnic and cultural diversity in Minnesota, to identify underutilized
17.20resources within the immigrant community, and to facilitate the full participation of
17.21immigrants in social, cultural, and political life in this state. The commission may
17.22appoint a working group under section3.305, subdivision 6 , to assist the commission in
17.23these duties. A working group under this subdivision may include legislators and public
17.24members. The commission may provide compensation for public members as provided
17.25in section15.0575 . In performing duties under this subdivision, the commission shall
17.26collaborate with the councils established in sections3.9223 ,
3.9225 , and
3.9226 . This
17.27subdivision expires June 30,2009 2011.
17.28EFFECTIVE DATE.This section is effective the day following final enactment.
17.29 Sec. 2. Minnesota Statutes 2008, section 3.732, subdivision 1, is amended to read:
17.30 Subdivision 1. Definitions. As used in this section and section3.736 the terms
17.31defined in this section have the meanings given them.
17.32 (1) "State" includes each of the departments, boards, agencies, commissions, courts,
17.33and officers in the executive, legislative, and judicial branches of the state of Minnesota
18.1and includes but is not limited to the Housing Finance Agency, the Minnesota Office of
18.2Higher Education, the Higher Education Facilities Authority, the Health Technology
18.3Advisory Committee, the Armory Building Commission, the Zoological Board, the Iron
18.4Range Resources and Rehabilitation Board, the State Agricultural Society, the University
18.5of Minnesota, the Minnesota State Colleges and Universities, state hospitals, and state
18.6penal institutions. It does not include a city, town, county, school district, or other local
18.7governmental body corporate and politic.
18.8 (2) "Employee of the state" means all present or former officers, members, directors,
18.9or employees of the state, members of the Minnesota National Guard, members of a
18.10bomb disposal unit approved by the commissioner of public safety and employed by a
18.11municipality defined in section466.01 when engaged in the disposal or neutralization of
18.12bombs or other similar hazardous explosives, as defined in section299C.063 , outside the
18.13jurisdiction of the municipality but within the state, or persons acting on behalf of the state
18.14in an official capacity, temporarily or permanently, with or without compensation. It does
18.15not include either an independent contractor except, for purposes of this section and
18.16section3.736 only, a guardian ad litem acting under court appointment, or members of the
18.17Minnesota National Guard while engaged in training or duty under United States Code,
18.18title 10, or title 32, section 316, 502, 503, 504, or 505, as amended through December
18.1931, 1983. Notwithstanding sections43A.02 and
611.263 , for purposes of this section and
18.20section3.736 only, "employee of the state" includes a district public defender or assistant
18.21district public defender in the Second or Fourth Judicial District,and a member of the
18.22Health Technology Advisory Committee, and any officer, agent, or employee of the state
18.23of Wisconsin performing work for the state of Minnesota pursuant to a joint state initiative.
18.24 (3) "Scope of office or employment" means that the employee was acting on behalf
18.25of the state in the performance of duties or tasks lawfully assigned by competent authority.
18.26 (4) "Judicial branch" has the meaning given in section43A.02, subdivision 25 .
18.27 Sec. 3. Minnesota Statutes 2008, section 3.97, is amended by adding a subdivision to
18.28read:
18.29 Subd. 3b. Review of financial management and internal controls. The
18.30commission shall review legislative auditor reports and make recommendations, as the
18.31commission determines necessary, for improvements in the state's system of internal
18.32controls and financial management.
18.33 Sec. 4. Minnesota Statutes 2008, section 3.971, subdivision 6, is amended to read:
19.1 Subd. 6. Financial audits. The legislative auditor shall audit the financial
19.2statements of the state of Minnesota required by section16A.50 and, as resources permit,
19.3shall audit Minnesota State Colleges and Universities, the University of Minnesota, state
19.4agencies, departments, boards, commissions, courts, and other state organizations subject
19.5to audit by the legislative auditor, including the State Agricultural Society, Agricultural
19.6Utilization Research Institute, Enterprise Minnesota, Inc., Minnesota Historical
19.7Society, Labor Interpretive Center, Minnesota Partnership for Action Against Tobacco,
19.8Metropolitan Sports Facilities Commission, Metropolitan Airports Commission, and
19.9Metropolitan Mosquito Control District. Financial audits must be conducted according to
19.10generally accepted government auditing standards. The legislative auditor shall see that
19.11all provisions of law respecting the appropriate and economic use of public funds are
19.12complied with and may, as part of a financial audit or separately, investigate allegations of
19.13noncomplianceby employees of departments and agencies of the state government and
19.14the other organizations listed in this subdivision.
19.15 Sec. 5. Minnesota Statutes 2008, section 3.975, is amended to read:
19.163.975 DUTIES CONCERNING MISUSE OF PUBLIC MONEY OR OTHER
19.17RESOURCES.
19.18If a legislative auditor's examination discloses that a state official or employee has
19.19used money for a purpose other than the purpose for which the money was appropriated
19.20or discloses any other misuse of public money or other public resources, the legislative
19.21auditor shall file a report with the Legislative Audit Commission, the attorney general, and
19.22the appropriate county attorney. The attorney general shall seek recovery of money and
19.23other resources as the evidence may warrant. The county attorney shall cause criminal
19.24proceedings to be instituted as the evidence may warrant.
19.25EFFECTIVE DATE.This section is effective the day following final enactment.
19.26 Sec. 6. Minnesota Statutes 2008, section 4A.01, is amended to read:
19.274A.01OFFICE OF STRATEGIC AND LONG-RANGE PLANNING.
19.28 Subdivision 1. Duties.The Office of Strategic and Long-Range Planning is created,
19.29with a director appointed by the governor. The commissioner of administration is the state
19.30planning officer and is responsible for the coordination, development, assessment, and
19.31communication of information, performance measures, planning, and policy concerning
19.32the state's future. The commissioner may contract with another agency for the provision of
19.33administrative services.
20.1 Subd. 2. Long-range plan. By September 15, 2010, and every five years thereafter,
20.2theOffice of Strategic and Long-Range Planning commissioner must develop an integrated
20.3long-range plan for the state based upon the plans and strategies of state agencies,
20.4public advice about the future, and other information developed under this chapter. The
20.5office commissioner must coordinate activities among all levels of government and must
20.6stimulate public interest and participation in the future of the state.
20.7Theoffice commissioner must act in coordination with the commissioner of finance,
20.8affected state agencies, and the legislature in the planning and financing of major public
20.9programs.
20.10 Subd. 3. Report. The commissioner must submit a report to the governor and chairs
20.11and ranking minority members of the senate and house of representatives committees
20.12with jurisdiction on state government finance by January 15 of each year that provides
20.13economic, social, and environmental demographic information to assist public and elected
20.14officials with long-term management decisions. The report must identify and assess
20.15the information important to understanding the state's two-, ten-, and 50-year outlook,
20.16including the budget implications for those time periods. The report must include the
20.17demographic forecast required by section 4A.02, paragraph (e), and information to assist
20.18with the preparation of the milestones report required by section 4A.11, and may include
20.19policy recommendations based upon the information and assessment provided.
20.20 Sec. 7. Minnesota Statutes 2008, section 4A.02, is amended to read:
20.214A.02 STATE DEMOGRAPHER.
20.22(a) Thedirector commissioner shall appoint a state demographer. The demographer
20.23must be professionally competent in demography and must possess demonstrated ability
20.24based upon past performance.
20.25(b) The demographer shall:
20.26(1) continuously gather and develop demographic data relevant to the state;
20.27(2) design and test methods of research and data collection;
20.28(3) periodically prepare population projections for the state and designated regions
20.29and periodically prepare projections for each county or other political subdivision of the
20.30state as necessary to carry out the purposes of this section;
20.31(4) review, comment on, and prepare analysis of population estimates and
20.32projections made by state agencies, political subdivisions, other states, federal agencies, or
20.33nongovernmental persons, institutions, or commissions;
21.1(5) serve as the state liaison with the United States Bureau of the Census, coordinate
21.2state and federal demographic activities to the fullest extent possible, and aid the
21.3legislature in preparing a census data plan and form for each decennial census;
21.4(6) compile an annual study of population estimates on the basis of county, regional,
21.5or other political or geographical subdivisions as necessary to carry out the purposes of
21.6this section and section4A.03 ;
21.7(7) by January 1 of each year, issue a report to the legislature containing an analysis
21.8of the demographic implications of the annual population study and population projections;
21.9(8) prepare maps for all counties in the state, all municipalities with a population
21.10of 10,000 or more, and other municipalities as needed for census purposes, according to
21.11scale and detail recommended by the United States Bureau of the Census, with the maps
21.12of cities showing precinct boundaries;
21.13(9) prepare an estimate of population and of the number of households for each
21.14governmental subdivision for which the Metropolitan Council does not prepare an annual
21.15estimate, and convey the estimates to the governing body of each political subdivision
21.16by June 1 of each year;
21.17(10) direct, under section414.01, subdivision 14 , and certify population and
21.18household estimates of annexed or detached areas of municipalities or towns after being
21.19notified of the order or letter of approval by the chief administrative law judge of the
21.20State Office of Administrative Hearings;
21.21(11) prepare, for any purpose for which a population estimate is required by law
21.22or needed to implement a law, a population estimate of a municipality or town whose
21.23population is affected by action under section379.02 or
414.01, subdivision 14 ; and
21.24(12) prepare an estimate of average household size for each statutory or home rule
21.25charter city with a population of 2,500 or more by June 1 of each year.
21.26(c) A governing body may challenge an estimate made under paragraph (b) by filing
21.27their specific objections in writing with the state demographer by June 24. If the challenge
21.28does not result in an acceptable estimate, the governing body may have a special census
21.29conducted by the United States Bureau of the Census. The political subdivision must
21.30notify the state demographer by July 1 of its intent to have the special census conducted.
21.31The political subdivision must bear all costs of the special census. Results of the special
21.32census must be received by the state demographer by the next April 15 to be used in that
21.33year's June 1 estimate to the political subdivision under paragraph (b).
21.34(d) The state demographer shall certify the estimates of population and household
21.35size to the commissioner of revenue by July 15 each year, including any estimates still
21.36under objection.
22.1(e) The state demographer shall release a demographic forecast in conjunction with
22.2the commissioner of finance and the November state economic forecast.
22.3(f) The state demographer may contract for the development of data and research
22.4required under this chapter, including, but not limited to, population estimates and
22.5projections, the preparation of maps, and other estimates.
22.6EFFECTIVE DATE.Paragraph (e) is effective November 1, 2010.
22.7 Sec. 8. [4A.11] MILESTONES REPORT.
22.8The commissioner must review the statewide system of economic, social, and
22.9environmental performance measures in use under section 16A.10, subdivision 1c, and
22.10known as Minnesota milestones. The commissioner must provide the economic, social,
22.11and environmental information necessary to assist public and elected officials with
22.12understanding and evaluating Minnesota milestones. The commissioner must report on
22.13the trends and their implications for Minnesota milestones each year and provide the
22.14commissioner of finance with recommendations for the use of Minnesota milestones in
22.15budget documents. The commissioner may contract for the development of information
22.16and measures.
22.17 Sec. 9. [5.001] DEFINITIONS.
22.18 Subdivision 1. Applicability. As used in this chapter, the terms defined in this
22.19section have the meanings given them.
22.20 Subd. 2. Business entity. "Business entity" means an organization that is formed
22.21under chapters 300, 301, 302A, 303, 308, 308A, 308B, 315, 317, 317A, 318, 319, 319A,
22.22321, 322A, 322B, 323, or 323A and that has filed documents with the secretary of state.
22.23 Subd. 3. Business entity filings. "Business entity filings" means any filing from a
22.24business entity and also includes filings made under chapter 333.
22.25 Subd. 4. Bulk data. "Bulk data" means data that has commercial value and is a
22.26substantial or discrete portion of or an entire formula, pattern, compilation, program,
22.27device, method, technique, process, database, or system.
22.28 Sec. 10. [5.002] E-MAIL ADDRESSES.
22.29(a) The secretary of state is authorized to provide a field on each of the forms and on
22.30each online entry screen, used to file business entity filings, Uniform Commercial Code
22.31records, and central notification system filings, for the collection of an e-mail address to
22.32which the secretary of state can forward official notices required by law and other notices
22.33to the business entity, assumed name, or the person filing the uniform commercial code or
23.1central notification system record. The e-mail address may be updated by or on behalf of
23.2the business entity by sending a notification of the change to the secretary of state. No fee
23.3shall be charged for an e-mail address update.
23.4(b) Except as provided in paragraph (c), the business entity, holder of assumed
23.5name, or other person providing the e-mail address under this section may indicate on
23.6the screen that they do not wish the e-mail address provided under this section to be
23.7provided as bulk data.
23.8(c) If the e-mail address in paragraph (b) is provided as a portion of a digitally
23.9scanned image, the e-mail address on that image is public.
23.10EFFECTIVE DATE.This section is effective 30 days after the secretary of state
23.11certifies that the information systems of the Office of the Secretary of State have been
23.12modified to implement this section.
23.13 Sec. 11. Minnesota Statutes 2008, section 5.12, subdivision 1, is amended to read:
23.14 Subdivision 1. Fees. The secretary of state shall charge a fee of $5 for each
23.15certificate or certification of a copy or electronically transmitted image of any document
23.16filed in the Office of the Secretary of State. The secretary of state shall charge a fee of
23.17$3 for a copy or electronically transmitted image of an originalfiling of a corporation,
23.18limited partnership, assumed name, or trade or service mark business entity filing. The
23.19secretary of state shall charge a fee of $3 for a copy or electronically transmitted image of
23.20any or all each subsequent filings of a corporation, limited partnership, assumed name,
23.21or trade or service mark business entity filing. The secretary of state shall charge a fee
23.22of$1 per page for copies $3 for a copy or electronically transmitted image of any other
23.23nonuniform commercial code documents document filed with the secretary of state. At the
23.24time of filing, the secretary of state may provide at the public counter, without charge, a
23.25copy of a filing, ten or fewer pages in length, to the person making the filing.
23.26EFFECTIVE DATE.This section is effective 30 days after the secretary of state
23.27certifies that the information systems of the Office of the Secretary of State have been
23.28modified to implement this section.
23.29 Sec. 12. Minnesota Statutes 2008, section 5.29, is amended to read:
23.305.29BULK AGENT NAME AND ADDRESS CHANGES GLOBAL FILINGS.
23.31The filing fee charged for filing an amendment is charged for each document
23.32filed (a) When a registered agent for multiple business entities files an instrument that
23.33changes its name or office addresspursuant to sections
302A.123, subdivision 3; 303.10;
23.34308A.025, subdivision 5;
317A.123, subdivision 3;
318.02; and
322B.135, subdivision
24.13;
and chapters 321; 323; and 323A, but the cumulative fee shall not exceed $10,000 for
24.2entities governed by the provisions of chapters 302A, 303, 308A, 317A, 318, 322A, 322B,
24.3323, and 323A, the change for each business entity must be filed online as a separate
24.4transaction, and a separate filing fee charged. The aggregate fee for a filing under this
24.5paragraph shall not exceed $35,000.
24.6(b) When a secured party wishes to file an amendment to a financing statement
24.7making a change in secured party or debtor name and address information, each
24.8amendment must be filed online as a separate transaction and a separate filing fee charged.
24.9EFFECTIVE DATE.This section is effective 30 days after the secretary of state
24.10certifies that the information systems of the Office of the Secretary of State have been
24.11modified to implement this section.
24.12 Sec. 13. Minnesota Statutes 2008, section 5.32, is amended to read:
24.135.32 TEMPORARY TECHNOLOGY SURCHARGE.
24.14 Subdivision 1. Surcharge. For fiscal years 2008and, 2009, 2010, and 2011, the
24.15following technology surcharges are imposed on the filing fees required under the
24.16following statutes:
24.17 (1) $25 for articles of incorporation filed under section302A.151 ;
24.18 (2) $25 for articles of organization filed under section322B.17 ;
24.19 (3) $25 for applications for certificates of authority to transact business in Minnesota
24.20filed under section303.06 ;
24.21 (4) $20 for annual reports filed by non-Minnesota corporations under section
24.22303.14
; and
24.23 (5) $50 for reinstatements to authority to transact business in Minnesota filed under
24.24section303.19 .
24.25 Subd. 2. Deposit. The surcharges listed in subdivision 1 shall be deposited into the
24.26uniform commercial code account.
24.27 Subd. 3. Expiration. This section expires June 30,2009 2011.
24.28EFFECTIVE DATE.This section is effective the day following final enactment.
24.29 Sec. 14. [5.34] ANNUAL RENEWAL FILINGS.
24.30Any business registered with the secretary of state required to file an annual renewal
24.31in order to maintain its active status, good standing, or existence under Minnesota Statutes
24.32shall file that renewal, whether online or otherwise, in a format that states:
24.33(1) the name in Minnesota of the organization for which the renewal is filed;
25.1(2) the name of the organization in the jurisdiction in which it is organized, if
25.2different;
25.3(3) the address of the registered office or designated office and the name of the
25.4registered agent of the organization for service of process, if any;
25.5(4) the jurisdiction in which the organization is organized, if that jurisdiction is
25.6not Minnesota;
25.7(5) the name and business address of the officer or other person exercising the
25.8principal functions of the president of a nonprofit corporation, manager of a limited
25.9liability company, or chief executive officer of a corporation or cooperative;
25.10(6) the address of the principal executive office of a domestic business corporation
25.11or of a limited liability company or the principal place of business of a cooperative, if
25.12different from the registered office address;
25.13(7) the address of the designated office and the name, street, and mailing address of
25.14the agent for service of process in Minnesota of a limited partnership or foreign limited
25.15partnership;
25.16(8) the street and mailing address of the principal office of a limited partnership;
25.17(9) the street and mailing address of the chief executive office of a partnership and, if
25.18different, the street address of an office of a partnership in Minnesota, if any;
25.19(10) the name, street, mailing address, and telephone number of an individual
25.20who may be contacted for purposes other than services of process on behalf of a
25.21limited partnership or a limited liability partnership, if the agent for the limited liability
25.22partnership, limited partnership, or foreign limited partnership is not an individual; and
25.23(11) the e-mail address of the organization to which notices from the secretary of
25.24state will be directed, if the organization has an e-mail address.
25.25 Sec. 15. Minnesota Statutes 2008, section 5A.03, is amended to read:
25.265A.03 ORGANIZATION APPLICATION FOR REGISTRATION.
25.27(a) An application for registration as an international student exchange visitor
25.28placement organization must be submitted in the form prescribed by the secretary of
25.29state. The application must include:
25.30(1) evidence that the organization meets the standards established by the secretary of
25.31state by rule;
25.32(2) the name, address, and telephone number of the organization, its chief executive
25.33officer, and the person within the organization who has primary responsibility for
25.34supervising placements within the state;
25.35(3) the organization's unified business identification number, if any;
26.1(4) the organization's United States Information Agency number, if any;
26.2(5) evidence of Council on Standards for International Educational Travel listing, if
26.3any;
26.4(6) whether the organization is exempt from federal income tax; and
26.5(7) a list of the organization's placements in Minnesota for the previous academic
26.6year including the number of students placed, their home countries, the school districts in
26.7which they were placed, and the length of their placements.
26.8(b) The application must be signed by the chief executive officer of the organization
26.9and the person within the organization who has primary responsibility for supervising
26.10placements within Minnesota. If the secretary of state determines that the application is
26.11complete, the secretary of state shall file the application and the applicant is registered.
26.12(c) Organizations that have registered shall inform the secretary of state of any
26.13changes in the information required under paragraph (a), clause (1), within 30 days of the
26.14change. There is no fee to amend a registration.
26.15(d) Registration under this chapter is valid for one year. The registration may be
26.16renewed annually. The fee to renew a registration is $50 per year.
26.17(e) Organizations registering for the first time in Minnesota must pay an initial
26.18registration fee of $150.
26.19(f) Fees collected by the secretary of state under this section must be deposited in the
26.20state treasury and credited to the general fundand are added to the appropriation from
26.21which registration costs are paid.
26.22 Sec. 16. Minnesota Statutes 2008, section 5A.06, is amended to read:
26.235A.06 COMPLAINTS.
26.24The secretary of state may, upon receipt of a complaint regarding an international
26.25student exchange organization, report the matter to the organization involved, theUnited
26.26States Information Agency, Office of Exchange Coordination and Designation, United
26.27States Department of State, or the Council on Standards for International Educational
26.28Travel, as the secretary of state considers appropriate. The secretary may also investigate
26.29complaints received under this section to determine if the complaint is limited to one
26.30high school or if there are systemic problems with placements made by a particular
26.31organization. The secretary of state may terminate an organization's registration if the
26.32secretary determines the organization has failed to remain in compliance with local, state,
26.33and federal statutes, rules, and regulations.
26.34 Sec. 17. [10.49] NAMING.
27.1 Laws enacted on or after July 1, 2009, must not be named for living people, and laws
27.2may not name councils, buildings, roads, or other facilities or entities after living people.
27.3 Sec. 18. Minnesota Statutes 2008, section 10A.31, subdivision 4, is amended to read:
27.4 Subd. 4. Appropriation.(a) The amounts designated by individuals for the state
27.5elections campaign fund, less three percent, are appropriated from the general fund, must
27.6be transferred and credited to the appropriate account in the state elections campaign fund,
27.7and are annually appropriated for distribution as set forth in subdivisions 5, 5a, 6, and 7.
27.8The remaining three percent must be kept in the general fund for administrative costs.
27.9(b) In addition to the amounts in paragraph (a),$1,250,000 $1,020,000 for each
27.10general election is appropriated from the general fund for transfer to the general account
27.11of the state elections campaign fund.
27.12Of this appropriation, $65,000 each fiscal year must be set aside to pay assessments
27.13made by the Office of Administrative Hearings under section
211B.37. Amounts
27.14remaining after all assessments have been paid must be canceled to the general account.
27.15 Sec. 19. Minnesota Statutes 2008, section 11A.07, subdivision 4, is amended to read:
27.16 Subd. 4. Duties and powers. The director, at the direction of the state board, shall:
27.17(1) plan, direct, coordinate, and execute administrative and investment functions
27.18in conformity with the policies and directives of the state board and the requirements of
27.19this chapter and of chapter 356A;
27.20(2) prepare and submit biennial and annual budgets to the board and with the
27.21approval of the board submit the budgets to the Department of Finance;
27.22(3) employ professional and clerical staff as necessary. Employees whose primary
27.23responsibility is to invest or manage money or employees who hold positions designated
27.24as unclassified under section43A.08, subdivision 1a , are in the unclassified service of the
27.25state. Other employees are in the classified service. Unclassified employees who are
27.26not covered by a collective bargaining agreement are employed under the terms and
27.27conditions of the compensation plan approved under section43A.18, subdivision 3b ;
27.28(4) report to the state board on all operations under the director's control and
27.29supervision;
27.30(5) maintain accurate and complete records of securities transactions and official
27.31activities;
27.32(6) establish a policy relating to the purchase and sale of securities on the basis of
27.33competitive offerings or bids. The policy is subject to board approval;
28.1(7) cause securities acquired to be kept in the custody of the commissioner of finance
28.2or other depositories consistent with chapter 356A, as the state board deems appropriate;
28.3(8) prepare and file with the director of the Legislative Reference Library, by
28.4December 31 of each year, a report summarizing the activities of the state board, the
28.5council, and the director during the preceding fiscal year. The report must be prepared
28.6so as to provide the legislature and the people of the state with a clear, comprehensive
28.7summary of the portfolio composition, the transactions, the total annual rate of return,
28.8and the yield to the state treasury and to each of the funds whose assets are invested by
28.9the state board, and the recipients of business placed or commissions allocated among
28.10the various commercial banks, investment bankers, money managers, and brokerage
28.11organizations and the amount of these commissions or other fees. The report must contain
28.12financial statements for funds managed by the board prepared in accordance with generally
28.13accepted accounting principles. The report must include an executive summary;
28.14(9) include on the state board's Web site its annual report and an executive summary
28.15of its quarterly reports;
28.16(9) (10) require state officials from any department or agency to produce and provide
28.17access to any financial documents the state board deems necessary in the conduct of
28.18its investment activities;
28.19(10) (11) receive and expend legislative appropriations; and
28.20(11) (12) undertake any other activities necessary to implement the duties and
28.21powers set forth in this subdivision consistent with chapter 356A.
28.22 Sec. 20. Minnesota Statutes 2008, section 13.64, is amended to read:
28.2313.64 DEPARTMENT OFADMINISTRATION FINANCE DATA.
28.24(a) Notes and preliminary drafts of reports created, collected, or maintained by the
28.25Management Analysis Division, Department ofAdministration finance, and prepared
28.26during management studies, audits, reviews, consultations, or investigations are classified
28.27as confidential or protected nonpublic data until the final report has been published or
28.28preparation of the report is no longer being actively pursued.
28.29(b) Data that support the conclusions of the report and that the commissioner of
28.30administration finance reasonably believes will result in litigation are confidential or
28.31protected nonpublic until the litigation has been completed or until the litigation is no
28.32longer being actively pursued.
28.33(c) Data on individuals that could reasonably be used to determine the identity of an
28.34individual supplying data for a report are private if:
28.35(1) the data supplied by the individual were needed for a report; and
29.1(2) the data would not have been provided to the Management Analysis Division
29.2without an assurance to the individual that the individual's identity would remain private,
29.3or the Management Analysis Division reasonably believes that the individual would not
29.4have provided the data.
29.5 Sec. 21. Minnesota Statutes 2008, section 15.01, is amended to read:
29.615.01 DEPARTMENTS OF THE STATE.
29.7The following agencies are designated as the departments of the state government:
29.8the Department of Administration; the Department of Agriculture; the Department of
29.9Commerce; the Department of Corrections; the Department of Education; the Department
29.10of Employment and Economic Development;the Department of Finance; the Department
29.11of Health; the Department of Human Rights; the Department of Labor and Industry;
29.12the Department of Management and Budget; the Department of Military Affairs; the
29.13Department of Natural Resources; the Department of Public Safety; the Department of
29.14Human Services; the Department of Revenue; the Department of Transportation; the
29.15Department of Veterans Affairs; and their successor departments.
29.16 Sec. 22. Minnesota Statutes 2008, section 15.06, subdivision 1, is amended to read:
29.17 Subdivision 1. Applicability. This section applies to the following departments
29.18or agencies: the Departments of Administration, Agriculture, Commerce, Corrections,
29.19Education, Employment and Economic Development,Finance, Health, Human Rights,
29.20Labor and Industry, Management and Budget, Natural Resources, Public Safety, Human
29.21Services, Revenue, Transportation, and Veterans Affairs; the Housing Finance and
29.22Pollution Control Agencies; the Office of Commissioner of Iron Range Resources and
29.23Rehabilitation; the Bureau of Mediation Services; and their successor departments and
29.24agencies. The heads of the foregoing departments or agencies are "commissioners."
29.25 Sec. 23. Minnesota Statutes 2008, section 15A.0815, subdivision 2, is amended to read:
29.26 Subd. 2. Group I salary limits. The salaries for positions in this subdivision may
29.27not exceed 95 percent of the salary of the governor:
29.28 Commissioner of administration;
29.29 Commissioner of agriculture;
29.30 Commissioner of education;
29.31 Commissioner of commerce;
29.32 Commissioner of corrections;
29.33Commissioner of finance;
30.1 Commissioner of health;
30.2 Executive director, Minnesota Office of Higher Education;
30.3 Commissioner, Housing Finance Agency;
30.4 Commissioner of human rights;
30.5 Commissioner of human services;
30.6 Commissioner of labor and industry;
30.7Commissioner of management and budget;
30.8 Commissioner of natural resources;
30.9 Director of Office of Strategic and Long-Range Planning;
30.10 Commissioner, Pollution Control Agency;
30.11 Executive director, Public Employees Retirement Association;
30.12 Commissioner of public safety;
30.13 Commissioner of revenue;
30.14 Executive director, State Retirement System;
30.15 Executive director, Teachers Retirement Association;
30.16 Commissioner of employment and economic development;
30.17 Commissioner of transportation; and
30.18 Commissioner of veterans affairs.
30.19 Sec. 24. [15C.01] DEFINITIONS.
30.20 Subdivision 1. Scope. For purposes of this chapter, the terms in this section have
30.21the meanings given them.
30.22 Subd. 2. Claim. "Claim" includes a request or demand, whether under a contract or
30.23otherwise, for money or property that is made by a contractor, grantee, or other recipient
30.24to the state or a political subdivision if the state or the political subdivision has provided or
30.25will provide a portion of the money or property that is requested or demanded, or if the
30.26state or the political subdivision has reimbursed or will reimburse the contractor, grantee,
30.27or other recipient for a portion of the money or property that is requested or demanded.
30.28 Subd. 3. Knowing and knowingly. "Knowing" and "knowingly" mean that a
30.29person, with respect to information:
30.30 (1) has actual knowledge of the information;
30.31(2) acts in deliberate ignorance of the truth or falsity of the information; or
30.32 (3) acts in reckless disregard of the truth or falsity of the information.
30.33No proof of specific intent to defraud is required, but in no case is a person who acts
30.34merely negligently, inadvertently, or mistakenly with respect to information deemed
30.35to have acted knowingly.
31.1 Subd. 4. Original source. "Original source" means a person who has direct and
31.2independent knowledge of information that is probative of an essential element of the
31.3allegations in an action brought under this chapter that was not obtained from a public
31.4source and who either voluntarily provided the information to the state or the political
31.5subdivision before bringing an action based on the information or whose information
31.6provided the basis for or caused an investigation, hearing, audit, or report that led to the
31.7public disclosure of the allegations or transactions upon which an action brought under
31.8this chapter is based.
31.9 Subd. 5. Person. "Person" means a natural person, partnership, corporation,
31.10association or other legal entity but does not include the state or a political subdivision.
31.11 Subd. 6. Political subdivision. "Political subdivision" means a political subdivision
31.12of the state and includes a department or agency of a political subdivision.
31.13 Subd. 7. Prosecuting attorney. "Prosecuting attorney" means:
31.14 (1) the attorney general, if the false or fraudulent claim involves money, property, or
31.15services provided by the state; or
31.16 (2) the county attorney, city attorney, or other attorney representing a political
31.17subdivision, if the false or fraudulent claim involves money, property, or services provided
31.18by the political subdivision.
31.19 Subd. 8. State. "State" means the state of Minnesota and includes a department or
31.20agency of the state.
31.21EFFECTIVE DATE.This section is effective July 1, 2010.
31.22 Sec. 25. [15C.02] LIABILITY FOR CERTAIN ACTS.
31.23 (a) A person who commits any act described in clauses (1) to (7) is liable to the
31.24state or the political subdivision for a civil penalty of not less than $5,500 and not more
31.25than $11,000 per false or fraudulent claim, plus three times the amount of damages that
31.26the state or the political subdivision sustains because of the act of that person, except
31.27as otherwise provided in paragraph (b):
31.28 (1) knowingly presents, or causes to be presented, to an officer or employee of the
31.29state or a political subdivision a false or fraudulent claim for payment or approval;
31.30 (2) knowingly makes or uses, or causes to be made or used, a false record or
31.31statement to get a false or fraudulent claim paid or approved by the state or a political
31.32subdivision;
32.1 (3) knowingly conspires to either present a false or fraudulent claim to the state or a
32.2political subdivision for payment or approval or makes, uses, or causes to be made or used
32.3a false record or statement to obtain payment or approval of a false or fraudulent claim;
32.4 (4) has possession, custody, or control of public property or money used, or to
32.5be used, by the state or a political subdivision and knowingly delivers or causes to be
32.6delivered to the state or a political subdivision less money or property than the amount
32.7for which the person receives a receipt;
32.8 (5) is authorized to prepare or deliver a receipt for money or property used, or to be
32.9used, by the state or a political subdivision and knowingly prepares or delivers a receipt
32.10that falsely represents the money or property;
32.11 (6) knowingly buys, or receives as a pledge of an obligation or debt, public property
32.12from an officer or employee of the state or a political subdivision who lawfully may
32.13not sell or pledge the property; or
32.14 (7) knowingly makes or uses, or causes to be made or used, a false record or
32.15statement to conceal, avoid, or decrease an obligation to pay or transmit money or property
32.16to the state or a political subdivision.
32.17 (b) The court may assess not less than two times the amount of damages that the
32.18state or the political subdivision sustains because of the act of the person if:
32.19 (1) the person committing a violation under paragraph (a) furnished an officer or
32.20employee of the state or the political subdivision responsible for investigating the false or
32.21fraudulent claim violation with all information known to the person about the violation
32.22within 30 days after the date on which the person first obtained the information;
32.23 (2) the person fully cooperated with any investigation by the state or the political
32.24subdivision of the violation; and
32.25 (3) at the time the person furnished the state or the political subdivision with
32.26information about the violation, no criminal prosecution, civil action, or administrative
32.27action had been commenced under this chapter with respect to the violation and the person
32.28did not have actual knowledge of the existence of an investigation into the violation.
32.29 (c) A person violating this section is also liable to the state or the political
32.30subdivision for the costs of a civil action brought to recover any penalty or damages.
32.31(d) A person is not liable under this section for mere negligence, inadvertence, or
32.32mistake with respect to activities involving a false or fraudulent claim.
32.33(e) An employer is not liable for an act committed by a nonmanagerial employee
32.34that violates this section, unless the employer had knowledge of the act, ratified the act, or
32.35was reckless in the hiring or supervision of the employee.
33.1(f) Except in cases where proof of specific intent to defraud the state or a political
33.2subdivision is found, a person is not liable under this section if:
33.3(1) the person has been informed by the original source that single or multiple false
33.4or fraudulent claims have been made against the state or a political subdivision; and
33.5(2) the person repays the amount of actual damages to the state or the political
33.6subdivision within 45 days after being so informed. If the person has a compliance office,
33.7an original source is not considered to have informed the person of a false or fraudulent
33.8claim unless the original source reported it to the person's compliance office.
33.9EFFECTIVE DATE.This section is effective July 1, 2010.
33.10 Sec. 26. [15C.03] EXCLUSION.
33.11 This chapter does not apply to claims, records, or statements made under portions
33.12of Minnesota Statutes relating to taxation.
33.13EFFECTIVE DATE.This section is effective July 1, 2010.
33.14 Sec. 27. [15C.04] RESPONSIBILITIES OF PROSECUTING ATTORNEY.
33.15 Subdivision 1. General. A prosecuting attorney may investigate violations of
33.16section 15C.02. If a prosecuting attorney finds that a person has violated or is violating
33.17section 15C.02, the prosecuting attorney may bring a civil action under this chapter
33.18against the person to enjoin an act in violation of section15C.02 and to recover damages
33.19and penalties.
33.20 Subd. 2. Attorney general investigatory powers. In connection with an
33.21investigation under this section, the attorney general has the powers listed in section
33.228.31, subdivisions 2 and 3.
33.23EFFECTIVE DATE.This section is effective July 1, 2010.
33.24 Sec. 28. [15C.05] PRIVATE REMEDIES; COMPLAINT UNDER SEAL; COPY
33.25OF COMPLAINT AND WRITTEN DISCLOSURE OF EVIDENCE TO BE SENT
33.26TO PROSECUTING ATTORNEY.
33.27 (a) Except as otherwise provided in this section, a person may maintain an action
33.28under this chapter on the person's own account and that of the state if money, property,
33.29or services provided by the state are involved; the person's own account and that of a
33.30political subdivision if money, property, or services provided by the political subdivision
33.31are involved; or on the person's own account and that of both the state and a political
33.32subdivision if both are involved. After an action is commenced, it may be voluntarily
34.1dismissed only if the court and the prosecuting attorney give written consent to the
34.2dismissal and their reasons for consenting.
34.3 (b) If an action is brought under this section, no other person may bring another
34.4action under this section based on the same facts that are the subject of the pending action.
34.5 (c) An action may not be maintained under this section:
34.6(1) against the state, the legislature, the judiciary, the executive branch, or a political
34.7subdivision, or their respective officers, members, or employees;
34.8 (2) if the action is based upon allegations or transactions that are the subject of a
34.9civil action or an administrative proceeding for a monetary penalty to which the state or a
34.10political subdivision is already a party; or
34.11 (3) unless the action is brought by an original source of the information or the
34.12prosecuting attorney initiates or intervenes in the action, if the action is based upon the
34.13public disclosure of allegations or transactions: (i) in a criminal, civil, or administrative
34.14hearing; (ii) in an investigation, report, hearing, or audit conducted by or at the request of
34.15the house of representatives or the senate; (iii) by an auditor or the governing body of a
34.16political subdivision; or (iv) by the news media.
34.17 (d) A complaint in an action under this section must be commenced by filing the
34.18complaint with the court in chambers and the court must place it under seal for at least 60
34.19days. No service may be made upon the defendant until the complaint is unsealed.
34.20 (e) If a complaint is filed under this section, the plaintiff shall serve a copy of the
34.21complaint on the prosecuting attorney in accordance with the Minnesota Rules of Civil
34.22Procedure and at the same time shall serve a written disclosure of all material evidence
34.23and information the plaintiff possesses.
34.24EFFECTIVE DATE.This section is effective July 1, 2010.
34.25 Sec. 29. [15C.06] PROSECUTING ATTORNEY INTERVENTION; MOTION
34.26TO EXTEND TIME; UNSEALING OF COMPLAINT.
34.27 (a) Within 60 days after receiving a complaint and disclosure under section 15C.05,
34.28the prosecuting attorney shall intervene or decline intervention or, for good cause shown,
34.29move the court to extend the time for doing so. The motion may be supported by affidavits
34.30or other submissions in chambers.
34.31 (b) The complaint must be unsealed after the prosecuting attorney decides whether
34.32or not to intervene.
34.33 (c) Notwithstanding the prosecuting attorney's decision regarding intervention in an
34.34action brought by a plaintiff under section 15C.05, the prosecuting attorney may pursue
34.35the claim through any alternate remedy available to the state, including an administrative
35.1proceeding to determine a civil monetary penalty. If the prosecuting attorney pursues an
35.2alternate remedy in another proceeding, the person initiating the action has the same rights
35.3in that proceeding as if the action had continued under section 15C.05. A finding of fact or
35.4conclusion of law made in the other proceeding that has become final is conclusive on
35.5all parties to an action under section 15C.05. For purposes of this paragraph, a finding
35.6or conclusion is final if it has been finally determined on appeal to the appropriate state
35.7court, if the time for filing an appeal has expired, or if the finding or conclusion is not
35.8subject to judicial review.
35.9EFFECTIVE DATE.This section is effective July 1, 2010.
35.10 Sec. 30. [15C.07] SERVICE OF UNSEALED COMPLAINT AND RESPONSE
35.11BY DEFENDANT.
35.12 When unsealed, the complaint must be served on the defendant pursuant to Rule 3 of
35.13the Minnesota Rules of Civil Procedure. The defendant must respond to the complaint
35.14within 20 days after it is served on the defendant.
35.15EFFECTIVE DATE.This section is effective July 1, 2010.
35.16 Sec. 31. [15C.08] PROSECUTING ATTORNEY AND PRIVATE PARTY ROLES.
35.17 (a) Except as otherwise provided by this section, if the prosecuting attorney does not
35.18intervene at the outset in an action brought by a person under section 15C.05, the person
35.19has the same rights in conducting the action as the prosecuting attorney would have. A
35.20copy of each pleading or other paper filed in the action and a copy of the transcript of each
35.21deposition taken must be mailed to the prosecuting attorney if the prosecuting attorney
35.22so requests and pays the cost of doing so.
35.23 (b) If the prosecuting attorney elects not to intervene at the outset of the action, the
35.24prosecuting attorney may intervene subsequently, upon timely application and good cause
35.25shown. If the prosecuting attorney so intervenes, the prosecuting attorney subsequently
35.26has primary responsibility for conducting the action.
35.27 (c) If the prosecuting attorney elects at the outset of the action to intervene, the
35.28prosecuting attorney has the primary responsibility for prosecuting the action. The person
35.29who initially brought the action remains a party but the person's acts do not bind the
35.30prosecuting attorney.
35.31 (d) Whether or not the prosecuting attorney intervenes in the action, the prosecuting
35.32attorney may move to dismiss the action for good cause. The person who brought the
35.33action must be notified of the filing of the motion and may oppose it and present evidence
35.34at the hearing. The prosecuting attorney may also settle the action. If the prosecuting
36.1attorney intends to settle the action, the prosecuting attorney shall notify the person who
36.2brought the action. The state or the political subdivision may settle the action with the
36.3defendant notwithstanding the objections of the person initiating the action if the court
36.4determines, after a hearing, that the proposed settlement is fair, adequate, and reasonable
36.5under all the circumstances. Upon a showing of good cause, the hearing may be held in
36.6chambers.
36.7EFFECTIVE DATE.This section is effective July 1, 2010.
36.8 Sec. 32. [15C.09] STAY OF DISCOVERY; EXTENSION.
36.9 (a) The court may stay discovery by a person who brought an action under section
36.1015C.05 for not more than 60 days if the prosecuting attorney shows that the proposed
36.11discovery would interfere with the investigation or prosecution of a civil or criminal
36.12matter arising out of the same facts, whether or not the prosecuting attorney participates
36.13in the action.
36.14 (b) The court may extend the stay upon a further showing that the prosecuting
36.15attorney has pursued the civil or criminal investigation or proceeding with reasonable
36.16diligence and that the proposed discovery would interfere with its continuation. Discovery
36.17may not be stayed for a total of more than six months over the objection of the person who
36.18brought the action, except for good cause shown by the prosecuting attorney.
36.19 (c) A showing made pursuant to this section must be made in chambers.
36.20EFFECTIVE DATE.This section is effective July 1, 2010.
36.21 Sec. 33. [15C.10] COURT-IMPOSED LIMITATION UPON PARTICIPATION
36.22OF PRIVATE PLAINTIFF IN ACTION.
36.23 Upon a showing by the prosecuting attorney in an action in which the prosecuting
36.24attorney has intervened that unrestricted participation by a person under this chapter would
36.25interfere with or unduly delay the conduct of the action, or would be repetitious, irrelevant,
36.26or solely for harassment, the court may limit the person's participation by limiting the
36.27number of witnesses, the length of the testimony of the witnesses, the cross-examination
36.28of witnesses by the person, or by other measures.
36.29EFFECTIVE DATE.This section is effective July 1, 2010.
36.30 Sec. 34. [15C.11] LIMITATION OF ACTIONS; REMEDIES.
36.31 (a) An action under this chapter may not be commenced more than three years after
36.32the date of discovery of the fraudulent activity by the prosecuting attorney or more than
37.1six years after the fraudulent activity occurred, whichever occurs later, but in no event
37.2more than ten years after the date on which the violation is committed.
37.3 (b) A finding of guilt in a criminal proceeding charging a false statement or fraud,
37.4whether upon a verdict of guilty or a plea of guilty or nolo contendere, stops the person
37.5found guilty from denying an essential element of that offense in an action under this
37.6chapter based upon the same transaction as the criminal proceeding.
37.7(c) In an action under this chapter, the state or the political subdivision and any
37.8plaintiff under section 15C.05 must prove the essential elements of the cause of action,
37.9including damages, by a preponderance of the evidence.
37.10EFFECTIVE DATE.This section is effective July 1, 2010.
37.11 Sec. 35. [15C.12] AWARD OF EXPENSES AND ATTORNEY FEES.
37.12 If the prosecuting attorney or a person who brought an action under section15C.05
37.13prevails in or settles an action under this chapter, the court may authorize the prosecuting
37.14attorney or person to recover reasonable costs, reasonable attorney fees, and the reasonable
37.15fees of expert consultants and expert witnesses. These expenses must be awarded against
37.16the defendant and are not allowed against the state or a political subdivision. If the
37.17prosecuting attorney does not intervene in the action and the person bringing the action
37.18conducts the action and the defendant prevails in the action, the court shall award to the
37.19defendant reasonable expenses and attorney fees against the person bringing the action if
37.20it finds that the action was clearly frivolous or vexatious or brought in substantial part for
37.21harassment. The state or a political subdivision is not liable for expenses, attorney fees, or
37.22other costs incurred by a person in bringing or defending an action under this chapter.
37.23EFFECTIVE DATE.This section is effective July 1, 2010.
37.24 Sec. 36. [15C.13] DISTRIBUTION TO PRIVATE PLAINTIFF IN CERTAIN
37.25ACTIONS.
37.26 If the prosecuting attorney intervenes at the outset in an action brought by a person
37.27under section 15C.05, the person is entitled to receive not less than 15 percent or more
37.28than 25 percent of any recovery in proportion to the person's contribution to the conduct
37.29of the action. If the prosecuting attorney does not intervene in the action at any time,
37.30the person is entitled to receive not less than 25 percent or more than 30 percent of
37.31any recovery of the civil penalty and damages, or settlement, as the court determines
37.32is reasonable. If the prosecuting attorney does not intervene in the action at the outset
37.33but subsequently intervenes, the person is entitled to receive not less than 15 percent or
38.1more than 30 percent of any recovery, as the court determines is reasonable based on the
38.2person's participation in the action before the prosecuting attorney intervened.
38.3EFFECTIVE DATE.This section is effective July 1, 2010.
38.4 Sec. 37. [15C.14] EMPLOYER RESTRICTIONS; LIABILITY.
38.5 (a) An employer must not adopt or enforce any rule or policy forbidding an
38.6employee to disclose information to the state, a political subdivision, or a law enforcement
38.7agency, or to act in furtherance of an action under this chapter, including investigation
38.8for, bringing, or testifying in the action.
38.9 (b) An employer must not discharge, demote, suspend, threaten, harass, deny
38.10promotion to, or otherwise discriminate against an employee in the terms or conditions of
38.11employment because of lawful acts done by the employee on the employee's behalf or
38.12on behalf of others in disclosing information to the state, a political subdivision, or a law
38.13enforcement agency in furtherance of an action under this chapter, including investigation
38.14for bringing or testifying in the action.
38.15 (c) An employer who violates this section is liable to the affected employee in a civil
38.16action for damages and other relief, including reinstatement, twice the amount of lost
38.17compensation, interest on the lost compensation, any special damage sustained as a result
38.18of the discrimination, and punitive damages if appropriate. The employer is also liable for
38.19expenses recoverable under section15C.12 , including costs and attorney fees.
38.20EFFECTIVE DATE.This section is effective July 1, 2010.
38.21 Sec. 38. [15C.15] DEPOSIT OF STATE FUNDS; FALSE CLAIMS ACCOUNT.
38.22 Subdivision 1. Deposit of funds. The net proceeds received by the state in an action
38.23under this chapter, after distributions made to private plaintiffs and as otherwise required
38.24by federal law, must be deposited in the state treasury and credited as follows:
38.25(1) the portion of net proceeds equal to the amount of the actual damages that the
38.26state sustains because of an act specified in section 15C.02 must be credited to the fund
38.27that sustained the damages;
38.28(2) the portion of net proceeds equal to the additional recovery of federal money
38.29authorized by United States Code, title 42, section 1396h, for a recovery under this
38.30chapter, as determined by the commissioner of finance, must be credited to the false
38.31claims account under subdivision 2, provided that the amount credited may not exceed
38.32$1,000,000 in a fiscal year; and
38.33(3) the remainder of the net proceeds must be credited to the general fund.
39.1 Subd. 2. False claims account. A false claims account is established in the special
39.2revenue fund in the state treasury. The commissioner of finance may enter into interagency
39.3agreements to deposit up to $2,055,000 for litigation and related expenses under this act.
39.4Money in the account deposited through interagency agreement or under subdivision 1 is
39.5annually appropriated to the attorney general for purposes of this chapter.
39.6EFFECTIVE DATE.Subdivision 2 is effective the day following final enactment.
39.7 Sec. 39. [15C.16] REPORTING.
39.8The attorney general shall report to the chairs and ranking minority members of the
39.9senate and house of representatives committees with jurisdiction over state government
39.10finance by January 15 each year, on activities under this chapter during the prior calendar
39.11year. The report must include:
39.12(1) the number of complaints received by the attorney general under section 15C.05;
39.13(2) the number of times the attorney general intervened and declined to intervene
39.14after receiving a complaint;
39.15(3) an estimate of the amount of time spent by attorneys in the attorney general's
39.16office and an estimate of the amount of time spent by other staff in the attorney general's
39.17office on activities under this chapter; and
39.18(4) net proceeds received by the state in each action under this chapter.
39.19 Sec. 40. Minnesota Statutes 2008, section 16A.01, subdivision 1, is amended to read:
39.20 Subdivision 1. Commissioner. The commissioner offinance management and
39.21budget manages the Department ofFinance Management and Budget, which may also be
39.22known as Minnesota Management and Budget. The commissioner is the state's controller
39.23and chief accounting and financial officer.
39.24 Sec. 41. Minnesota Statutes 2008, section 16A.055, subdivision 1, is amended to read:
39.25 Subdivision 1. List. (a) The commissioner shall:
39.26(1) receive and record all money paid into the state treasury and safely keep it until
39.27lawfully paid out;
39.28(2) manage the state's financial affairs;
39.29(3) keep the state's general account books according to generally accepted
39.30government accounting principles;
39.31(4) keep expenditure and revenue accounts according to generally accepted
39.32government accounting principles;
40.1(5) develop, provide instructions for, prescribe, and manage a state uniform
40.2accounting system; and
40.3(6) provide to the state the expertise to ensure that all state funds are accounted for
40.4under generally accepted government accounting principles; and.
40.5(7) coordinate the development of, and maintain standards for, internal auditing in
40.6state agencies and, in cooperation with the commissioner of administration, report to the
40.7legislature and the governor by January 31 of odd-numbered years, on progress made.
40.8(b) In addition to the duties in paragraph (a), the commissioner has the powers and
40.9duties given to the commissioner in chapter 43A.
40.10 Sec. 42. Minnesota Statutes 2008, section 16A.055, is amended by adding a
40.11subdivision to read:
40.12 Subd. 1a. Additional duties. The commissioner may assist state agencies by
40.13providing analytical, statistical, and organizational development services to state agencies
40.14in order to assist the agency to achieve the agency's mission and to operate efficiently
40.15and effectively.
40.16 Sec. 43. [16A.056] WEB SITE WITH SEARCHABLE DATABASE ON STATE
40.17EXPENDITURES.
40.18 Subdivision 1. Web database requirement. The commissioner, in consultation
40.19with the commissioners of administration and revenue and the legislative auditor, must
40.20maintain a Web site with a searchable database providing the public with information on
40.21state contracts, state appropriations, state expenditures, state tax expenditures, and state
40.22entities that are the subject of audits. The Web site must not include information that is not
40.23public data, as defined in section 13.02, subdivision 8a. For each data field identified in
40.24subdivisions 2 to 6, the searchable database must allow a user of the Web site to:
40.25(1) perform a search using that field;
40.26(2) sort by that field;
40.27(3) obtain information grouped or aggregated by that field, where groups or subtotals
40.28are feasible; and
40.29(4) view information in that field by each fiscal year.
40.30The searchable database may accommodate grouping and aggregating by allowing
40.31the user to download the data into a user-controlled database.
40.32 Subd. 2. Contracts. (a) The searchable database on the Web site must include at
40.33least the following data fields on state contracts:
40.34(1) the name of the entity receiving the contract;
41.1(2) the name of the agency entering into the contract;
41.2(3) an indication if the contract is for (i) goods; (ii) professional or technical services;
41.3(iii) services other than professional and technical services; or (iv) a grant; and
41.4(4) the fund or funds from which the entity receiving the contract will be paid.
41.5(b) For each contract, the database must also include:
41.6(1) an address for each entity receiving a contract; and
41.7(2) a brief statement of the purpose of the contract or grant.
41.8(c) Information on a new contract or grant must be entered into the database within
41.930 days after the contract or grant is entered into.
41.10(d) For purposes of this section, a "grant" is a contract between a state agency and
41.11a recipient, the primary purpose of which is to transfer cash or a thing of value to the
41.12recipient to support a public purpose. Grant does not include aid payments to units of local
41.13government, payments to state employees, or payments made under laws providing for
41.14assistance to individuals.
41.15 Subd. 3. Appropriations. The searchable database on the Web site must include
41.16at least the following data fields on state appropriations:
41.17(1) the agency receiving the appropriation, or the name of the nonstate entity
41.18receiving state money;
41.19(2) the agency program, to the extent applicable;
41.20(3) the agency activity, to the extent applicable;
41.21(4) an item within an activity if applicable;
41.22(5) the fund from which the appropriation is made; and
41.23(6) the object of expenditure.
41.24 Subd. 4. State expenditures. The searchable database on the Web site must include
41.25at least the following data fields on state expenditures:
41.26(1) the name of the agency or nonstate entity making the expenditure;
41.27(2) the agency program, to the extent applicable;
41.28(3) the agency activity, to the extent applicable;
41.29(4) an item within an activity if applicable;
41.30(5) the fund from which the expenditure is made; and
41.31(6) the object of expenditure.
41.32 Subd. 5. Tax expenditures. The Web site must include a searchable database of
41.33state tax expenditures. For each fiscal year, the database must include data fields showing
41.34the estimated impact on state revenues of each tax expenditure item listed in the report
41.35prepared under section 270C.11.
42.1 Subd. 6. Audits. The Web site required by this section must include a link to a
42.2Web site containing the findings and results from the audits completed by the legislative
42.3auditor that have been released to the public.
42.4 Subd. 7. Retention of data. The database required under this section must include
42.5information beginning with fiscal year 2010 appropriations and must retain data for at
42.6least ten years.
42.7 Subd. 8. Consultation. The commissioner of finance must consult with the
42.8chairs of the house of representatives Ways and Means and senate Finance Committees
42.9before encumbering any money appropriated on or after July 1, 2009, for the planning,
42.10development, and implementation of state accounting or procurement systems. No money
42.11appropriated for these purposes may be spent unless the commissioner certifies that the
42.12systems will allow compliance with requirements of this section.
42.13EFFECTIVE DATE.This section is effective the day following certification by the
42.14commissioner of finance that a new statewide accounting and procurement system has
42.15been implemented.
42.16 Sec. 44. [16A.057] INTERNAL CONTROLS AND INTERNAL AUDITING.
42.17 Subdivision 1. Establishment of system. The commissioner is responsible for
42.18the system of internal controls across the executive branch. The commissioner must
42.19coordinate the design, implementation, and maintenance of an effective system of internal
42.20controls and internal auditing for all executive agencies. The system must:
42.21(1) safeguard public funds and assets and minimize incidences of fraud, waste,
42.22and abuse;
42.23(2) ensure that programs are administered in compliance with federal and state
42.24laws and rules; and
42.25(3) require documentation of internal control procedures over financial management
42.26activities, provide for analysis of risks, and provide for periodic evaluation of control
42.27procedures to satisfy the commissioner that these procedures are adequately designed,
42.28properly implemented, and functioning effectively.
42.29 Subd. 2. Standards. The commissioner must adopt internal control standards
42.30and policies that agencies must follow to meet the requirements of subdivision 1. These
42.31standards and policies may include separation of duties, safeguarding receipts, time entry,
42.32approval of travel, and other topics the commissioner determines are necessary to comply
42.33with subdivision 1.
43.1 Subd. 3. Training and assistance. The commissioner shall coordinate training
43.2for accounting personnel and financial managers in state agencies on internal controls
43.3as necessary to ensure financial integrity in the state's financial transactions. The
43.4commissioner shall provide internal control support to agencies that the commissioner
43.5determines need this assistance.
43.6 Subd. 4. Sharing internal audit resources. The commissioner must administer a
43.7program for sharing internal auditors among executive agencies that do not have their own
43.8internal auditors and for assembling interagency teams of internal auditors as necessary.
43.9 Subd. 5. Monitoring Office of the Legislative Auditor audits. The commissioner
43.10must review audit reports from the Office of the Legislative Auditor and take appropriate
43.11steps to address internal control problems found in executive agencies.
43.12 Subd. 6. Budget for internal controls. The commissioner of finance may require
43.13that each executive agency spend a specified percentage of its operating budget on internal
43.14control systems. The commissioner of finance may require that an agency transfer a
43.15portion of its operating budget to the commissioner to pay for internal control functions
43.16performed by the commissioner.
43.17 Subd. 7. Annual report. The commissioner must report to the legislative audit
43.18commission and the governor by January 31 of each odd-numbered year on the system of
43.19internal controls and internal auditing in executive agencies.
43.20 Subd. 8. Agency head responsibilities. The head of each executive agency is
43.21responsible for designing, implementing, and maintaining an effective internal control
43.22system within the agency that complies with the requirements of subdivision 1, clauses (1)
43.23to (4). The head of each executive agency must annually certify that the agency head has
43.24reviewed the agency's internal control systems, and that these systems are in compliance
43.25with standards and policies established by the commissioner. The agency head must
43.26submit the signed certification form to the commissioner of finance, in a form specified by
43.27the commissioner.
43.28 Subd. 9. State colleges and universities. This section does not apply to the
43.29Minnesota state colleges and universities system.
43.30 Sec. 45. Minnesota Statutes 2008, section 16A.126, subdivision 1, is amended to read:
43.31 Subdivision 1. Set rates. The commissioner shall approve the rates an agency must
43.32pay to a revolving fund for services. Funds subject to this subdivision include, but are
43.33not limited to, the revolving funds established in sections 4A.05; 14.46; 14.53; 16B.48;
44.116B.54; 16B.58; 16B.85; 16C.03, subdivision 11; 16E.14; 43A.55; and 176.591; and the
44.2fund established in section 43A.30.
44.3 Sec. 46. Minnesota Statutes 2008, section 16A.133, subdivision 1, is amended to read:
44.4 Subdivision 1. Payroll direct deposit and deductions. An agency head in the
44.5executive, judicial, and legislative branch shall, upon written request signed by an
44.6employee, directly deposit all or part of an employee's pay to those credit unions or
44.7financial institutions, as defined in section47.015 , designated by the employee.
44.8An agency headmay must, upon written request of an employee, deduct from the
44.9pay of the employee a requested amount to be paid to the Minnesota Benefit Association,
44.10or to anyorganization organizations contemplated by section
179A.06 , of which the
44.11employee is a member.If an employee has more than one account with the Minnesota
44.12Benefit Association or more than one organization under section
179A.06, only the
44.13Minnesota Benefit Association and one organization, as defined under section
179A.06,
44.14may be paid money by payroll deduction from the employee's pay.
44.15 Sec. 47. Minnesota Statutes 2008, section 16A.139, is amended to read:
44.1616A.139 MISAPPROPRIATION OF MONEY.
44.17It is illegal for any (a) No official or head of any state department in the executive,
44.18legislative, or judicial branches, or any employeethereof of a state department in those
44.19branches,to may intentionally use moneys money appropriated by law, or fees collected
44.20knowing that the use is forany other a purpose other than the purpose for which the
44.21moneys have been money was appropriated, and any such act by any. Unless a greater
44.22penalty is specified elsewhere in law, a person who violates this paragraph is guilty of a
44.23gross misdemeanor.
44.24(b) A violation of paragraph (a) by a head of a department, or any state official, is
44.25cause for immediate removal of the official or head of a state department from the position
44.26held with the government of this state. A criminal conviction under paragraph (a) is not a
44.27prerequisite for removal. This paragraph does not apply to a judge, a constitutional officer,
44.28or a legislator, except as potential grounds for expulsion, impeachment, or recall in the
44.29manner specified in article IV, section 7, and article VIII of the Minnesota Constitution.
44.30EFFECTIVE DATE.This section is effective August 1, 2009, and applies to crimes
44.31committed on or after that date.
44.32 Sec. 48. Minnesota Statutes 2008, section 16A.151, subdivision 2, is amended to read:
45.1 Subd. 2. Exceptions. (a) If a state official litigates or settles a matter on behalf of
45.2specific injured persons or entities, this section does not prohibit distribution of money
45.3to the specific injured persons or entities on whose behalf the litigation or settlement
45.4efforts were initiated. If money recovered on behalf of injured persons or entities cannot
45.5reasonably be distributed to those persons or entities because they cannot readily be
45.6located or identified or because the cost of distributing the money would outweigh the
45.7benefit to the persons or entities, the money must be paid into the general fund.
45.8(b) Money recovered on behalf of a fund in the state treasury other than the general
45.9fund may be deposited in that fund.
45.10(c) This section does not prohibit a state official from distributing money to a person
45.11or entity other than the state in litigation or potential litigation in which the state is a
45.12defendant or potential defendant.
45.13(d) State agencies may accept funds as directed by a federal court for any restitution
45.14or monetary penalty under United States Code, title 18, section 3663(a)(3) or United
45.15States Code, title 18, section 3663A(a)(3). Funds received must be deposited in a special
45.16revenue account and are appropriated to the commissioner of the agency for the purpose
45.17as directed by the federal court.
45.18(e) Subdivision 1 does not apply to a recovery or settlement of less than $750,000.
45.19EFFECTIVE DATE.This section is effective August 1, 2009, and applies to
45.20actions commenced on or after that date.
45.21 Sec. 49. Minnesota Statutes 2008, section 16A.152, is amended by adding a
45.22subdivision to read:
45.23 Subd. 8. Report on budget reserve percentage. (a) The commissioner of finance
45.24must periodically review the formula developed as part of the Budget Trends Study
45.25Commission authorized by Laws 2007, chapter 148, article 2, section 81, to estimate
45.26the percentage of the preceding biennium's general fund expenditures and transfers
45.27recommended as a budget reserve.
45.28 (b) The commissioner must annually review the variables and coefficients in the
45.29formula used to model the base of the general fund taxes and the mix of taxes that provide
45.30revenues to the general fund. If the commissioner determines that the variables and
45.31coefficients have changed enough to result in a change in the percentage of the preceding
45.32biennium's general fund expenditures and transfers recommended as a budget reserve,
45.33the commissioner must update the variables and coefficients in the formula to reflect the
45.34current base and mix of general fund taxes.
46.1 (c) Every ten years, the commissioner must review the methodology underlying the
46.2formula, taking into consideration relevant economic literature from the past ten years, and
46.3determine if the formula remains adequate as a tool for estimating the percentage of the
46.4preceding biennium's general fund expenditures and transfers recommended as a budget
46.5reserve. If the commissioner determines that the methodology underlying the formula is
46.6outdated, the commissioner must revise the formula.
46.7 (d) By January 15 of each year, the commissioner must report to the chairs and
46.8ranking minority members of the house of representatives Committee on Ways and Means
46.9and the senate Committee on Finance, in compliance with sections 3.195 and 3.197,
46.10on the percentage of the preceding biennium's general fund expenditures and transfers
46.11recommended as a budget reserve. The report must specify:
46.12 (1) if the commissioner updated the variables and coefficients in the formula to
46.13reflect significant changes to either the base of one or more general fund taxes or to the
46.14mix of taxes that provide revenues to the general fund as provided in paragraph (b);
46.15 (2) if the commissioner revised the formula after determining the methodology was
46.16outdated as provided in paragraph (c); and
46.17 (3) if the percentage of the preceding biennium's general fund expenditures and
46.18transfers recommended as a budget reserve has changed as a result of an update of or a
46.19revision to the formula.
46.20EFFECTIVE DATE.This section is effective the day following final enactment.
46.21 Sec. 50. [16A.81] TECHNOLOGY DEVELOPMENT LEASE-PURCHASE
46.22FINANCING.
46.23 Subdivision 1. Definitions. The following definitions apply to this section.
46.24(a) "Technology system project" means the development, acquisition, installation,
46.25and implementation of a technology system that is essential to state operations and is
46.26expected to have a long useful life.
46.27(b) "Lease-purchase agreement" means an agreement for the lease and installment
46.28purchase of a technology system project, or a portion of the project, between the
46.29commissioner, on behalf of the state, and a vendor or a third-party financing source.
46.30(c) "Technology development lease-purchase guidelines" means policies, procedures,
46.31and requirements established by the commissioner for technology system projects that are
46.32financed pursuant to a lease-purchase agreement.
46.33 Subd. 2. Lease-purchase financing. The commissioner may enter into a
46.34lease-purchase agreement in an amount sufficient to fund a technology system project and
47.1authorize the public or private sale and issuance of certificates of participation, provided
47.2that:
47.3(1) the technology system project has been authorized by law to be funded pursuant
47.4to a lease-purchase agreement;
47.5(2) the term of the lease-purchase agreement and the related certificates of
47.6participation shall not exceed the lesser of the expected useful life of the technology
47.7system project financed by the lease-purchase agreement and the certificates or ten years
47.8from the date of issuance of the lease-purchase agreement and the certificates;
47.9(3) the principal amount of the lease-purchase agreement and the certificates is
47.10sufficient to provide for the costs of issuance, capitalized interest, credit enhancement, or
47.11reserves, if any, as required under the lease-purchase agreement;
47.12(4) funds sufficient for payment of lease obligations have been committed in the
47.13authorizing legislation for the technology system project for the fiscal year during which
47.14the lease-purchase agreement is entered into; provided that no lease-purchase agreement
47.15shall obligate the state to appropriate funds sufficient to make lease payments due under
47.16such agreement in any future fiscal year; and
47.17(5) planned expenditures for the technology system project are permitted within the
47.18technology development lease-purchase guidelines.
47.19 Subd. 3. Covenants. The commissioner may covenant in a lease-purchase
47.20agreement that the state will abide by the terms and provisions that are customary in
47.21lease-purchase financing transactions, including but not limited to, covenants providing
47.22that the state:
47.23(1) will maintain insurance as required under the terms of the lease-purchase
47.24agreement;
47.25(2) is responsible to the lessor for any public liability or property damage claims or
47.26costs related to the selection, use, or maintenance of the technology system project, to the
47.27extent of insurance or self-insurance maintained by the state, and for costs and expenses
47.28incurred by the lessor as a result of any default by the state; or
47.29(3) authorizes the lessor to exercise the rights of a secured party with respect to
47.30the technology system project or any portion of the project in the event of default or
47.31nonappropriation of funds by the state, and for the present recovery of lease payments
47.32due during the current term of the lease-purchase agreement as liquidated damages in
47.33the event of default.
47.34 Subd. 4. Credit and appropriation of proceeds. Proceeds of the lease-purchase
47.35agreement and certificates of participation must be credited to a technology lease project
47.36fund in the state treasury. Net income from investment of the proceeds, as estimated by
48.1the commissioner, must be credited to the appropriate accounts in the technology lease
48.2project fund. Funds in the technology lease project fund are appropriated for the purposes
48.3described in the authorizing law for each technology development project and this section.
48.4 Subd. 5. Transfer of funds. Before the lease-purchase proceeds are received in the
48.5technology lease project fund, the commissioner may transfer to that fund from the general
48.6fund amounts not exceeding the expected proceeds from the lease-purchase agreement
48.7and certificates of participation. The commissioner shall return these amounts to the
48.8general fund by transferring proceeds when received. The amounts of these transfers are
48.9appropriated from the general fund and from the technology lease project fund.
48.10 Subd. 6. Administrative expenses. Actual and necessary travel and subsistence
48.11expenses of employees and all other nonsalary expenses incidental to the sale, printing,
48.12execution, and delivery of the lease-purchase agreement and certificates of participation
48.13may be paid from the lease-purchase proceeds. The lease-purchase proceeds are
48.14appropriated for this purpose.
48.15 Subd. 7. Treatment of technology lease project fund. Lease-purchase proceeds
48.16remaining in the technology lease project fund after the purposes for which the
48.17lease-purchase agreement was undertaken are accomplished or abandoned, as determined
48.18by the commissioner, must be transferred to the general fund.
48.19 Subd. 8. Lease-purchase not public debt. A lease-purchase agreement does not
48.20constitute or create a general or moral obligation or indebtedness of the state in excess
48.21of the money from time to time appropriated or otherwise available for payments or
48.22obligations under such agreement. Payments due under a lease-purchase agreement during
48.23a current lease term for which money has been appropriated is a current expense of the
48.24state.
48.25 Subd. 9. Tax treatment. Property purchased subject to a lease-purchase agreement
48.26under this section is not subject to personal property taxes. The purchaser of property for
48.27lease to the state under a valid lease-purchase agreement under this section is not subject
48.28to the sales tax on the purchase of the property or on the payments received under the
48.29agreement, but the state is subject to the tax under chapter 297A on property acquired
48.30under the agreement.
48.31 Subd. 10. Refunding certificates. The commissioner from time to time may enter
48.32into a new lease-purchase agreement and issue and sell certificates of participation for the
48.33purpose of refunding any lease-purchase agreement and related certificates of participation
48.34then outstanding, including the payment of any redemption premiums, any interest accrued
48.35or that is to accrue to the redemption date, and costs related to the issuance and sale of such
49.1refunding certificates. The proceeds of any refunding certificates may, in the discretion of
49.2the commissioner, be applied to the purchase or payment at maturity of the certificates to
49.3be refunded, to the redemption of outstanding lease-purchase agreements and certificates
49.4on any redemption date, or to pay interest on the refunding lease-purchase agreements
49.5and certificates and may, pending such application, be placed in escrow to be applied to
49.6such purchase, payment, retirement, or redemption. Any escrowed proceeds, pending such
49.7use, may be invested and reinvested in obligations that are authorized investments under
49.8section 11A.24. The income earned or realized on any authorized investment may also be
49.9applied to the payment of the lease-purchase agreements and certificates to be refunded,
49.10interest or premiums on the refunded certificates, or to pay interest on the refunding
49.11lease-purchase agreements and certificates. After the terms of the escrow have been fully
49.12satisfied, any balance of proceeds and any investment income may be returned to the
49.13general fund, or if applicable, the technology lease project fund, for use in a lawful manner.
49.14All refunding lease-purchase agreements and certificates issued under the provisions of
49.15this subdivision must be prepared, executed, delivered, and secured by appropriations in
49.16the same manner as the lease-purchase agreements and certificates to be refunded.
49.17EFFECTIVE DATE.This section is effective the day following final enactment.
49.18 Sec. 51. [16A.82] TECHNOLOGY LEASE-PURCHASE APPROPRIATION.
49.19$3,548,000 in fiscal year 2010; $3,546,000 in fiscal year 2011; and $10,054,000
49.20in each fiscal year 2012 through 2019 are appropriated from the general fund to the
49.21commissioner to make payments under a lease-purchase agreement as defined in section
49.2216A.81 for replacement of the state's accounting and procurement systems, provided
49.23that the state is not obligated to continue such appropriation of funds or to make lease
49.24payments in any future fiscal year. Any unexpended portions of this appropriation cancel
49.25to the general fund at the close of each biennium. This section expires June 30, 2020.
49.26 Sec. 52. Minnesota Statutes 2008, section 16B.24, is amended by adding a subdivision
49.27to read:
49.28 Subd. 5b. Employee fitness and wellness facilities. An entity in the executive,
49.29legislative, or judicial branch may use space under its control to offer fitness, wellness,
49.30or similar classes or activities to its employees, and may allow persons conducting these
49.31classes or activities to charge employees a fee to participate. Revenue received by a public
49.32entity under this section is appropriated to the entity. This authorization applies to all state
49.33space, including property in the Capitol area, and other designated property as defined
49.34in rules adopted by the commissioner of public safety. Persons conducting these classes
50.1or activities, and participating employees, waive any and all claims of liability against
50.2the state for any damage or injury arising from the use of state space for employee fitness
50.3and wellness classes or similar classes or activities. Persons conducting these classes or
50.4activities agree to indemnify, save, and hold the state, its agents, and employees harmless
50.5from any claims or causes of action, including attorney fees incurred by the state that arise
50.6from these classes or activities.
50.7EFFECTIVE DATE.This section is effective the day following final enactment.
50.8 Sec. 53. [16B.242] ENTERPRISE REAL PROPERTY ACCOUNT.
50.9The enterprise real property technology system and services account is created
50.10in the special revenue fund. Receipts credited to the account are appropriated to the
50.11commissioner of administration for the purpose of funding the personnel and technology
50.12to maintain the enterprise real property system and services.
50.13 Sec. 54. [16B.2421] BIRD-SAFE BUILDINGS.
50.14 Between March 15 and May 31 and between August 15 and October 31 each year,
50.15occupants of state-owned or state-leased buildings must attempt to reduce dangers posed
50.16to migrating birds by turning off building lights between midnight and dawn, to the extent
50.17turning off lights is consistent with the normal use of the buildings. The commissioner of
50.18administration may adopt policies to implement this requirement.
50.19 Sec. 55. [16B.99] GEOSPATIAL INFORMATION OFFICE.
50.20 Subdivision 1. Creation. The Minnesota Geospatial Information Office is created
50.21under the supervision of the commissioner of administration.
50.22 Subd. 2. Responsibilities; authority. The office has authority to provide
50.23coordination, guidance, and leadership, and to plan the implementation of Minnesota's
50.24geospatial information technology. The office must identify, coordinate, and guide
50.25strategic investments in geospatial information technology systems, data, and services to
50.26ensure effective implementation and use of Geospatial Information Systems (GIS) by state
50.27agencies to maximize benefits for state government as an enterprise.
50.28 Subd. 3. Duties. (a) The office must:
50.29(1) coordinate and guide the efficient and effective use of available federal,
50.30state, local, and public-private resources to develop statewide geospatial information
50.31technology, data, and services;
50.32(2) provide leadership and outreach, and ensure cooperation and coordination for
50.33all GIS functions in state and local government, including coordination between state
51.1agencies, intergovernment coordination between state and local units of government, and
51.2extragovernment coordination, which includes coordination with academic and other
51.3private and nonprofit sector GIS stakeholders;
51.4(3) review state agency and intergovernment geospatial technology, data, and
51.5services development efforts involving state or intergovernment funding, including federal
51.6funding;
51.7(4) provide information to the legislature regarding projects reviewed, and
51.8recommend projects for inclusion in the governor's budget under section 16A.11;
51.9(5) coordinate management of geospatial technology, data, and services between
51.10state and local governments;
51.11(6) provide coordination, leadership, and consultation to integrate government
51.12technology services with GIS infrastructure and GIS programs;
51.13(7) work to avoid or eliminate unnecessary duplication of existing GIS technology
51.14services and systems, including services provided by other public and private organizations
51.15while building on existing governmental infrastructures;
51.16(8) promote and coordinate consolidated geospatial technology, data, and services
51.17and shared geospatial Web services for state and local governments; and
51.18(9) promote and coordinate geospatial technology training, technical guidance, and
51.19project support for state and local governments.
51.20 Subd. 4. Duties of chief geospatial information officer. (a) In consultation with the
51.21state geospatial advisory council, the commissioner of administration, the commissioner
51.22of finance, and the Minnesota chief information officer, the chief geospatial information
51.23officer must identify when it is cost-effective for agencies to develop and use shared
51.24information and geospatial technology systems, data, and services. The chief geospatial
51.25information officer may require agencies to use shared information and geospatial
51.26technology systems, data, and services.
51.27(b) The chief geospatial information officer, in consultation with the state
51.28geospatial advisory council, must establish reimbursement rates in cooperation with
51.29the commissioner of finance to bill agencies and other governmental entities sufficient
51.30to cover the actual development, operation, maintenance, and administrative costs of
51.31the shared systems. The methodology for billing may include the use of interagency
51.32agreements, or other means as allowed by law.
51.33 Subd. 5. Fees. (a) The chief geospatial information officer must set fees under
51.34section 16A.1285 that reflect the actual cost of providing information products and
51.35services to clients. Fees collected must be deposited in the state treasury and credited to
51.36the Minnesota Geospatial Information Office revolving account. Money in the account
52.1is appropriated to the chief geospatial information officer for providing GIS consulting
52.2services, software, data, Web services, and map products on a cost-recovery basis,
52.3including the cost of services, supplies, material, labor, and equipment as well as the
52.4portion of the general support costs and statewide indirect costs of the office that is
52.5attributable to the delivery of these products and services. Money in the account must not
52.6be used for the general operation of the Minnesota Geospatial Information Office.
52.7(b) The chief geospatial information officer may require a state agency to make an
52.8advance payment to the revolving account sufficient to cover the agency's estimated
52.9obligation for a period of 60 days or more. If the revolving account is abolished or
52.10liquidated, the total net profit from the operation of the account must be distributed to the
52.11various funds from which purchases were made. For a given period of time, the amount of
52.12total net profit to be distributed to each fund must reflect the same ratio of total purchases
52.13attributable to each fund divided by the total purchases from all funds.
52.14 Subd. 6. Accountability. The chief geospatial information officer is appointed by
52.15the commissioner of administration and must work closely with the Minnesota chief
52.16information officer who shall advise on technology projects, standards, and services.
52.17 Subd. 7. Discretionary powers. The office may:
52.18(1) enter into contracts for goods or services with public or private organizations
52.19and charge fees for services it provides;
52.20(2) apply for, receive, and expend money from public agencies;
52.21(3) apply for, accept, and disburse grants and other aids from the federal government
52.22and other public or private sources;
52.23(4) enter into contracts with agencies of the federal government, local government
52.24units, the University of Minnesota and other educational institutions, and private persons
52.25and other nongovernment organizations as necessary to perform its statutory duties;
52.26(5) appoint committees and task forces to assist the office in carrying out its duties;
52.27(6) sponsor and conduct conferences and studies, collect and disseminate
52.28information, and issue reports relating to geospatial information and technology issues;
52.29(7) participate in the activities and conferences related to geospatial information
52.30and communications technology issues;
52.31(8) review the GIS technology infrastructure of regions of the state and cooperate
52.32with and make recommendations to the governor, legislature, state agencies, local
52.33governments, local technology development agencies, the federal government, private
52.34businesses, and individuals for the realization of GIS information and technology
52.35infrastructure development potential;
53.1(9) sponsor, support, and facilitate innovative and collaborative geospatial systems
53.2technology, data, and services projects; and
53.3(10) review and recommend alternative sourcing strategies for state geospatial
53.4information systems technology, data, and services.
53.5 Subd. 8. Geospatial advisory councils created. The chief geospatial information
53.6officer must establish a governance structure that includes advisory councils to provide
53.7recommendations for improving the operations and management of geospatial technology
53.8within state government and also on issues of importance to users of geospatial technology
53.9throughout the state.
53.10(a) A statewide geospatial advisory council must advise the Minnesota Geospatial
53.11Information Office regarding the improvement of services statewide through the
53.12coordinated, affordable, reliable, and effective use of geospatial technology. The
53.13commissioner of administration must appoint the members of the council. The members
53.14must represent a cross-section of organizations including counties, cities, universities,
53.15business, nonprofit organizations, federal agencies, and state agencies. No more than
53.1620 percent of the members may be employees of a state agency. In addition, the chief
53.17geospatial information officer must be a nonvoting member.
53.18(b) A state government geospatial advisory council must advise the Minnesota
53.19Geospatial Information Office on issues concerning improving state government services
53.20through the coordinated, affordable, reliable, and effective use of geospatial technology.
53.21The commissioner of administration must appoint the members of the council. The
53.22members must represent up to 15 state government agencies and constitutional offices,
53.23including the Office of Enterprise Technology and the Minnesota Geospatial Information
53.24Office. The council must be chaired by the chief geographic information officer. A
53.25representative of the statewide geospatial advisory council must serve as a nonvoting
53.26member.
53.27(c) Members of both the statewide geospatial advisory council and the state
53.28government advisory council must be recommended by a process that ensures that each
53.29member is designated to represent a clearly identified agency or interested party category
53.30and that complies with the state's open appointment process. Members shall serve a
53.31term of two years.
53.32(d) The Minnesota Geospatial Information Office must provide administrative
53.33support for both geospatial advisory councils.
53.34(e) This subdivision expires June 30, 2011.
53.35 Subd. 9. Report to legislature. By January 15, 2010, the chief geospatial
53.36information officer must provide a report to the chairs and ranking minority members of
54.1the legislative committees with jurisdiction over the policy and budget for the office. The
54.2report must address all statutes that refer to the land management information center
54.3or land management information system and provide any necessary draft legislation to
54.4implement any recommendations.
54.5EFFECTIVE DATE.This section is effective the day following final enactment.
54.6 Sec. 56. Minnesota Statutes 2008, section 16C.16, is amended by adding a subdivision
54.7to read:
54.8 Subd. 6a. Veteran-owned small businesses. (a) The commissioner shall award up
54.9to a six percent preference, but no less than the percentage awarded to any other group
54.10under this section, in the amount bid on state procurement to certified small businesses
54.11that are majority-owned and operated either:
54.12(1) by recently separated veterans, who are veterans as defined in section 197.447,
54.13who have served in active military service, at any time on or after September 11, 2001, and
54.14who have been discharged under honorable conditions from active service, as indicated by
54.15the person's United States Department of Defense form DD-214 or by the commissioner
54.16of veterans affairs; or
54.17(2) by veterans who are veterans as defined in section 197.447, with
54.18service-connected disabilities, as determined at any time by the United States Department
54.19of Veterans Affairs.
54.20(b) The purpose of this designation is to facilitate the transition of veterans from
54.21military to civilian life, and to help compensate veterans for their sacrifices, including but
54.22not limited to their sacrifice of health and time, to the state and nation during their military
54.23service, as well as to enhance economic development within Minnesota.
54.24(c) For purposes of this section and section 16C.19, "service-connected disability"
54.25has the meaning given in United States Code, title 38, section 101(16), as determined by
54.26the United States Department of Veterans Affairs.
54.27EFFECTIVE DATE.This section is effective July 1, 2009, and applies to
54.28procurement contract bid solicitations issued on and after that date.
54.29 Sec. 57. Minnesota Statutes 2008, section 16C.19, is amended to read:
54.3016C.19 ELIGIBILITY; RULES.
54.31(a) A small business wishing to participate in the programs under section16C.16,
54.32subdivisions 4 to 7 , must be certified by the commissioner. The commissioner shall adopt
54.33by rule standards and procedures for certifying that small businesses, small targeted group
54.34businesses, and small businesses located in economically disadvantaged areas are eligible
55.1to participate under the requirements of sections16C.16 to
16C.21 . The commissioner
55.2shall adopt by rule standards and procedures for hearing appeals and grievances and other
55.3rules necessary to carry out the duties set forth in sections16C.16 to
16C.21 .
55.4(b) The commissioner may make rules which exclude or limit the participation of
55.5nonmanufacturing business, including third-party lessors, brokers, franchises, jobbers,
55.6manufacturers' representatives, and others from eligibility under sections16C.16 to
55.716C.21
.
55.8(c) The commissioner may make rules that set time limits and other eligibility limits
55.9on business participation in programs under sections16C.16 to
16C.21 .
55.10(d) Notwithstanding paragraph (c), for purposes of sections 16C.16 to 16C.21,
55.11a veteran-owned small business or service-disabled veteran-owned small business, the
55.12principal place of business of which is in Minnesota, is certified if:
55.13 (1) it has been verified by the United States Department of Veterans Affairs as being
55.14a veteran-owned small business in accordance with Public Law 109-461 and Code of
55.15Federal Regulations, title 38, part 74, and a majority of the owners of the business are
55.16recently separated veterans as provided in section 16C.16, subdivision 6a; or
55.17(2) it has been verified by the United States Department of Veterans Affairs as being
55.18a service-disabled veteran-owned small business in accordance with Public Law 109-461
55.19and Code of Federal Regulations, title 38, part 74.
55.20EFFECTIVE DATE.This section is effective July 1, 2009, and applies to
55.21procurement contract bid solicitations issued on and after that date.
55.22 Sec. 58. Minnesota Statutes 2008, section 16C.20, is amended to read:
55.2316C.20 CERTIFICATION.
55.24A business that is certified by the commissioner of administration as a small
55.25business, small targeted group business,or a small business located in an economically
55.26disadvantaged area, or a veteran-owned small business is eligible to participate under the
55.27requirements of sections137.31 and
161.321 and, if certified as a small business, or small
55.28targeted group business, or veteran-owned small business, under section473.142 without
55.29further certification by the contracting agency.
55.30EFFECTIVE DATE.This section is effective July 1, 2009, and applies to
55.31procurement contract bid solicitations issued on and after that date.
55.32 Sec. 59. [16E.22] STATEWIDE ELECTRONIC LICENSING SYSTEM.
55.33 Subdivision 1. Account established; appropriation. The statewide electronic
55.34licensing account is created in the special revenue fund. Receipts and transfers credited to
56.1the account are appropriated to the state chief information officer for completion of the
56.2Minnesota electronic licensing system, for transferring licensing agencies to the system,
56.3and for operation and maintenance of the system during the completion and transfer period.
56.4 Subd. 2. Requirements. The transfer of an existing electronic licensing system
56.5to the Minnesota electronic licensing system may not reduce the critical functionality
56.6provided by the existing system.
56.7 Subd. 3. Temporary licensing surcharge. (a) Except as provided in this
56.8subdivision, executive branch state agencies shall collect a temporary surcharge of ten
56.9percent of the licensing fee, but no less than $5 and no more than $150 on each business,
56.10commercial, professional, or occupational license that:
56.11(1) requires a fee; and
56.12(2) will be transferred to the Minnesota electronic licensing system, as determined
56.13by the state chief information officer.
56.14The surcharge applies to initial license applications and license renewals. Each agency
56.15that issues a license subject to this subdivision shall collect the surcharge for the license
56.16for up to six years between July 1, 2009, and June 30, 2015, as directed by the state
56.17chief information officer. Receipts from the surcharge shall be deposited in the statewide
56.18licensing account established in subdivision 1.
56.19(b) An agency may transfer an amount equivalent to the surcharge imposed under this
56.20section from existing license accounts to the statewide electronic licensing system account
56.21in lieu of collecting the surcharge required under this section. If a transfer is made under
56.22this subdivision or under section 45.24, the temporary surcharge required under paragraph
56.23(a) does not apply to the relevant license. Transfers received under this paragraph shall be
56.24deposited in the statewide licensing account established in subdivision 1.
56.25(c) In lieu of collecting the surcharge imposed in paragraph (a), during each fiscal
56.26year beginning July 1, 2009, and ending June 30, 2015, one or more health-related boards
56.27established in chapter 214 may transfer funds from the health occupations licensing
56.28account in the state government special revenue fund to the statewide electronic licensing
56.29system account to meet the requirements under paragraph (b). If the commissioner of
56.30finance determines that the balance of the health occupations licensing account established
56.31in section 214.06, subdivision 1a, is insufficient to make transfers under paragraph (b),
56.32then the temporary surcharge required under paragraph (a) must be applied to the relevant
56.33licenses.
56.34(d) Department of Commerce licensees who are paying for an existing electronic
56.35licensing database system under section 45.24 must not be required to pay the surcharge
56.36under this section.
57.1 Subd. 4. Contract authority. The state chief information officer may enter into
57.2a risk-share or phased agreement with a vendor to complete the Minnesota electronic
57.3licensing system and to transfer licensing agencies to the system, provided that the
57.4payment for the vendor's services under the agreement is limited to the revenue from the
57.5surcharge enacted under subdivision 3, after payment of state operating and maintenance
57.6costs. The agreement must clearly indicate that the state chief information officer may
57.7only expend amounts actually collected from the surcharge, after state operations and
57.8maintenance costs have been paid, in payment for the vendor's services and that the vendor
57.9assumes this risk when performing work under the contract. This section does not require
57.10the state chief information officer to pay the vendor the entire amount of the surcharge
57.11revenue that remains after payment of state operations and maintenance costs. Before
57.12entering into a contract under this subdivision, the state chief information officer must
57.13consult with the commissioner of finance regarding the implementation of the surcharge
57.14and the terms of the contract.
57.15 Subd. 5. Unused funds. Money remaining in the statewide electronic licensing
57.16account after payment of all costs of completing the Minnesota electronic licensing
57.17system, transferring licensing agencies to the system, and operating and maintaining
57.18the system during the completion and transfer period is appropriated to the state chief
57.19information officer for the costs of operating and maintaining the Minnesota electronic
57.20licensing system after the system has been completed.
57.21 Subd. 6. Priority. To the extent possible, in completing the Minnesota electronic
57.22licensing system, the state chief information officer must give priority to licenses that are
57.23not issued electronically. Licenses regulated by a health board under chapter 214 must not
57.24be transferred to the Minnesota electronic licensing system before July 1, 2011.
57.25 Subd. 7. Expiration. This section expires on June 30, 2017.
57.26 Sec. 60. Minnesota Statutes 2008, section 31.60, subdivision 1, is amended to read:
57.27 Subdivision 1. Division duties; director; personnel. A Meat Industry Division is
57.28created in the Department of Agriculture which shall enforce and administer laws enforced
57.29and administered by the commissioner of agriculture relating to meat, fish, and dressed
57.30poultry, except laws enforced and administered by the Division of Poultry Industries. The
57.31Meat Industry Division is under the supervision of a director in the classified service. The
57.32commissioner shall appoint the directorfrom the register as certified by the Minnesota
57.33Department of Finance, who shall be experienced and knowledgeable in the meat industry.
57.34 Sec. 61. Minnesota Statutes 2008, section 43A.1815, is amended to read:
58.143A.1815 VACATION DONATION TO SICK LEAVE ACCOUNT.
58.2 (a) In addition to donations under section43A.181 , a state employee may donate
58.3a total of up to12 40 hours of accrued vacation leave each fiscal year to the sick leave
58.4account of one or more state employees. A state employee may not be paid for more than
58.580 hours in a payroll period during which the employee uses sick leave credited to the
58.6employee's account as a result of a transfer from another state employee's vacation account.
58.7(b) The recipient employee must receive donations, as available, for a life-threatening
58.8condition of the employee or spouse or dependent child that prevents the employee
58.9from working. A recipient may use program donations retroactively to when all forms
58.10of paid leave are exhausted if the employee has sufficient donations to cover the period
58.11of retroactivity.
58.12(c) An applicant for benefits under this section who receives an unfavorable
58.13determination may select a designee to consult with the commissioner or commissioner's
58.14designee on the reasons for the determination.
58.15 (d) The commissioner shall establish procedures under section43A.04, subdivision
58.164 , for eligibility, duration of need based on individual cases, monitoring and evaluation of
58.17individual eligibility status, and other topics related to administration of this program.
58.18 Sec. 62. [43A.184] SICK LEAVE FOR VETERANS WITH SERVICE-RELATED
58.19DISABILITIES.
58.20On a form prescribed by the commissioner, a state employee who is a veteran with a
58.21service-related disability may apply to the employee's appointing authority for additional
58.22sick leave to receive treatment for the disability, as provided in this section. The employee
58.23must qualify as a veteran under section 197.447, and have a sick leave balance that is
58.24insufficient to receive treatment for the disability. If the appointing authority approves
58.25the request, the appointing authority shall authorize up to 40 hours of sick leave for the
58.26employee in the current fiscal year. The appointing authority may approve sick leave for
58.27an employee under this section one time in each fiscal year.
58.28 Sec. 63. [43A.325] BEST PRACTICES FOR INVESTIGATIONS.
58.29The commissioner of finance must develop and make available to appointing
58.30authorities in the executive branch a best practices policy for conducting investigations
58.31in which the appointing authority compels its employees to answer questions about
58.32allegedly inappropriate activity. The best practices policy must be designed to facilitate
58.33effective investigations, without compromising the ability to prosecute criminal cases
58.34when appropriate. Each appointing authority must follow the best practices policy or, in
59.1consultation with the attorney general, must develop its own policy for conducting these
59.2investigations.
59.3 Sec. 64. Minnesota Statutes 2008, section 43A.49, is amended to read:
59.443A.49 VOLUNTARY UNPAID LEAVE OF ABSENCE.
59.5(a) Appointing authorities in state government may allow each employee to take
59.6unpaid leaves of absence for up to 1,040 hoursbetween June 1, 2007, and June 30, 2009.
59.7The 1,040 hour limit replaces, and is not in addition to, limits set in prior laws in each
59.8two-year period beginning July 1 of each odd-numbered year. Each appointing authority
59.9approving such a leave shall allow the employee to continue accruing vacation and sick
59.10leave, be eligible for paid holidays and insurance benefits, accrue seniority, and accrue
59.11service credit and credited salary inthe state retirement plans as if the employee had
59.12actually been employed during the time of leave. An employee covered by the unclassified
59.13plan may voluntarily make the employee contributions to the unclassified plan during the
59.14leave of absence. If the employee makes these contributions, the appointing authority
59.15must make the employer contribution. If the leave of absence is for one full pay period or
59.16longer, any holiday pay shall be included in the first payroll warrant after return from the
59.17leave of absence. The appointing authority shall attempt to grant requests for the unpaid
59.18leaves of absence consistent with the need to continue efficient operation of the agency.
59.19However, each appointing authority shall retain discretion to grant or refuse to grant
59.20requests for leaves of absence and to schedule and cancel leaves, subject to the applicable
59.21provisions of collective bargaining agreements and compensation plans.
59.22(b) To receive eligible service credit and credited salary in a defined benefit plan, the
59.23member shall pay an amount equal to the applicable employee contribution rates. If an
59.24employee pays the employee contribution for the period of the leave under this section,
59.25the appointing authority must pay the employer contribution. The appointing authority
59.26may, at its discretion, pay the employee contributions. Contributions must be made in a
59.27time and manner prescribed by the executive director of theMinnesota State Retirement
59.28applicable retirementAssociation system.
59.29 Sec. 65. [43A.55] MANAGEMENT ANALYSIS REVOLVING FUND.
59.30 Subdivision 1. Creation. The management analysis revolving fund is created in the
59.31state treasury.
59.32 Subd. 2. Appropriation and use of funds. Money in the management analysis
59.33revolving fund is appropriated annually to the commissioner to provide analytical,
59.34statistical, and organizational development services to state agencies, local units of
60.1government, metropolitan and regional agencies, school districts, and other public entities
60.2in the state.
60.3 Subd. 3. Reimbursements. Except as specifically provided otherwise, each
60.4agency shall reimburse the management analysis revolving fund for the cost of all
60.5services, supplies, materials, labor, and depreciation of equipment, including reasonable
60.6overhead costs, that the commissioner is authorized and directed to furnish an agency.
60.7The commissioner shall report the rates to be charged for the revolving fund no later than
60.8July 1 of each year to the chair of the committee or division of the senate or the house of
60.9representatives with primary jurisdiction over the budget of the Department of Finance.
60.10 Subd. 4. Cash flow. The commissioner may make appropriate transfers to the
60.11revolving fund according to section 16A.126. The commissioner may make allotment
60.12and encumbrances in anticipation of these transfers. In addition, the commissioner may
60.13require an agency to make advance payments to the revolving fund sufficient to cover
60.14the office's estimated obligation for a period of at least 60 days. All reimbursements
60.15and other money received by the commissioner under this section must be deposited in
60.16the management analysis revolving fund.
60.17 Subd. 5. Liquidation. If the management analysis revolving fund is abolished or
60.18liquidated, the total net profit from the operation of the fund must be distributed to the
60.19various funds from which purchases were made. For a given period of time, the amount of
60.20total net profit to be distributed to each fund shall reflect the same ratio of total purchases
60.21attributable to each fund divided by the total purchases from all funds.
60.22 Sec. 66. Minnesota Statutes 2008, section 45.24, is amended to read:
60.2345.24 LICENSE TECHNOLOGY FEES.
60.24 (a) The commissioner may establish and maintain an electronic licensing database
60.25system for license origination, renewal, and tracking the completion of continuing
60.26education requirements by individual licensees who have continuing education
60.27requirements, and other related purposes.
60.28 (b) The commissioner shall pay for the cost of operating and maintaining the
60.29electronic database system described in paragraph (a) through a technology surcharge
60.30imposed upon the fee for license origination and renewal, for individual licenses that
60.31require continuing education.
60.32 (c) The surcharge permitted under paragraph (b) shall be up to $40 for each two-year
60.33licensing period, except as otherwise provided in paragraph (f), and shall be payable at the
60.34time of license origination and renewal.
61.1 (d) The Commerce Department technology account is hereby created as an account
61.2in the special revenue fund.
61.3 (e) The commissioner shall deposit the surcharge permitted under this section in
61.4the account created in paragraph (d), and funds in the account are appropriated to the
61.5commissioner in the amounts needed for purposes of this section. The commissioner of
61.6finance shall transfer an amount determined by the commissioner of commerce from the
61.7account to the statewide electronic licensing system account under section 16E.22 for the
61.8costs of the statewide licensing system attributable to the inclusion of licenses subject
61.9to this section.
61.10 (f) The commissioner shall temporarily reduce or suspend the surcharge as necessary
61.11if the balance in the account created in paragraph (d) exceeds $2,000,000 as of the end of
61.12any calendar year and shall increase or decrease the surcharge as necessary to keep the
61.13fund balance at an adequate level but not in excess of $2,000,000.
61.14 Sec. 67. Minnesota Statutes 2008, section 128C.15, subdivision 3, is amended to read:
61.15 Subd. 3. Comparable worth. The league is a political subdivision under sections
61.16471.992
to
471.999 , except that the league must report to the commissioner of employee
61.17relations by February 1, 1989, on its implementation plan. A cause of action against the
61.18league does not arise before August 1, 1989, for failure to comply with sections471.992
61.19to471.999 .
61.20 Sec. 68. Minnesota Statutes 2008, section 144E.40, subdivision 2, is amended to read:
61.21 Subd. 2. Administration. (a) Unless paragraph (c) applies, consistent with the
61.22responsibilities of the State Board of Investment and the various ambulance services, the
61.23Cooper/Sams volunteer ambulance program must be administered by the Emergency
61.24Medical Services Regulatory Board. The administrative responsibilities of the board
61.25for the program relate solely to the record keeping, award application, and award
61.26payment functions. The State Board of Investment is responsible for the investment
61.27of the Cooper/Sams volunteer ambulance trust. The applicable ambulance service is
61.28responsible for determining, consistent with this chapter, who is a qualified ambulance
61.29service person, what constitutes a year of credited ambulance service, what constitutes
61.30sufficient documentation of a year of prior service, and for submission of all necessary
61.31data to the board in a manner consistent with this chapter. Determinations of an ambulance
61.32service are final.
61.33(b) The board may administer its assigned responsibilities regarding the program
61.34directly or may retain a qualified governmental or nongovernmental plan administrator
62.1under contract to administer those responsibilities regarding the program. A contract with
62.2a qualified plan administrator must be the result of an open competitive bidding process
62.3and must be reopened for competitive bidding at least once during every five-year period
62.4after July 1, 1993.
62.5(c) The commissioner ofemployee relations management and budget shall review
62.6the options within state government for the most appropriate administration of pension
62.7plans or similar arrangements for emergency service personnel and recommend to the
62.8governor the most appropriate future pension plan or nonpension plan administrative
62.9arrangement for this chapter. If the governor concurs in the recommendation, the governor
62.10shall transfer the future administrative responsibilities relating to this chapter to that
62.11administrative agency.
62.12 Sec. 69. Minnesota Statutes 2008, section 161.321, is amended to read:
62.13161.321 SMALL BUSINESS CONTRACTS.
62.14 Subdivision 1. Definitions. For purposes of this section the following terms have
62.15the meanings given them, except where the context clearly indicates a different meaning is
62.16intended.
62.17(a) "Award" means the granting of a contract in accordance with all applicable laws
62.18and rules governing competitive bidding except as otherwise provided in this section.
62.19(b) "Contract" means an agreement entered into between a business entity and the
62.20state of Minnesota for the construction of transportation improvements.
62.21(c) "Subcontractor" means a business entity which enters into a legally binding
62.22agreement with another business entity which is a party to a contract as defined in
62.23paragraph (b).
62.24(d) "Targeted group business" means a business designated under section16C.16,
62.25subdivision 5 .
62.26(e) "Veteran-owned small business" means a business designated under section
62.2716C.16, subdivision 6a.
62.28 Subd. 2. Small business set-asides. (a) The commissioner may award up to a six
62.29percent preference in the amount bid for specified construction work to small targeted
62.30group businesses and veteran-owned small businesses.
62.31(b) The commissioner may designate a contract for construction work for award only
62.32to small targeted group businesses if the commissioner determines that at least three small
62.33targeted group businesses are likely to bid. The commissioner may designate a contract for
62.34construction work for award only to veteran-owned small businesses if the commissioner
62.35determines that at least three veteran-owned small businesses are likely to bid.
63.1(c) The commissioner, as a condition of awarding a construction contract, may
63.2set goals that require the prime contractor to subcontract a portion of the contract to
63.3small targeted group businesses and veteran-owned small businesses. The commissioner
63.4must establish a procedure for granting waivers from the subcontracting requirement
63.5when qualified small targeted group businesses and veteran-owned small businesses
63.6are not reasonably available. The commissioner may establish financial incentives for
63.7prime contractors who exceed the goals for use of subcontractors and financial penalties
63.8for prime contractors who fail to meet goals under this paragraph. The subcontracting
63.9requirements of this paragraph do not apply to prime contractors who are small targeted
63.10group businesses or veteran-owned small businesses.
63.11(d) The commissioner may award up to a four percent preference in the amount bid
63.12on procurement to small businesses located in an economically disadvantaged area as
63.13defined in section16C.16, subdivision 7 .
63.14 Subd. 3. Awards to small businesses. At least 75 percent of subcontracts awarded
63.15to small targeted group businesses must be performed by the business to which the
63.16subcontract is awarded or another small targeted group business. At least 75 percent
63.17of subcontracts awarded to veteran-owned small businesses must be performed by the
63.18business to which the subcontract is awarded or another veteran-owned small business.
63.19 Subd. 4. Awards, limitations. Contracts awarded pursuant to this section are
63.20subject to all limitations contained in rules adopted by the commissioner of administration.
63.21 Subd. 5. Recourse to other businesses. If the commissioner is unable to award
63.22a contract pursuant to the provisions of subdivisions 2 and 3, the award may be placed
63.23pursuant to the normal solicitation and award provisions set forth in this chapter and
63.24chapter 16C.
63.25 Subd. 6. Rules. The rules adopted by the commissioner of administration to define
63.26small businesses and to set time and other eligibility requirements for participation in
63.27programs under sections16C.16 to
16C.19 apply to this section. The commissioner may
63.28promulgate other rules necessary to carry out this section.
63.29 Subd. 7. Noncompetitive bids. The commissioner is encouraged to purchase
63.30from small targeted group businesses and veteran-owned small businesses designated
63.31under section16C.16 when making purchases that are not subject to competitive bidding
63.32procedures.
63.33 Subd. 8. Report by commissioner. The commissioner of transportation shall report
63.34to the commissioner of administration on compliance with this section. The information
63.35must be reported at the time and in the manner requested by the commissioner.
64.1EFFECTIVE DATE.This section is effective July 1, 2009, and applies to
64.2procurement contract bid solicitations issued on and after that date.
64.3 Sec. 70. Minnesota Statutes 2008, section 176.571, subdivision 1, is amended to read:
64.4 Subdivision 1. Preliminary investigation. When the head of a department has filed
64.5a report or the commissioner of administration has otherwise received information of
64.6the occurrence of an injury to a state employee for which liability to pay compensation
64.7may exist, the commissioner of administration shall make a preliminary investigation to
64.8determine the question of probable liability.
64.9In making this investigation, the commissioner of administration may require the
64.10assistance of the head of any department or any employee of the state. The commissioner
64.11ofemployee relations management and budget may require that all facts be furnished
64.12which appear in the records of any state department bearing on the issue.
64.13 Sec. 71. [270C.145] TECHNOLOGY LEASE-PURCHASE APPROPRIATION.
64.14$855,000 in fiscal year 2010; $853,000 in fiscal year 2011; and $2,519,000 in each
64.15fiscal year 2012 through 2019 is appropriated from the general fund to the commissioner
64.16to make payments under a lease-purchase agreement as defined in section 16A.81 for
64.17completing the purchase and development of an integrated tax software package; provided
64.18that the state is not obligated to continue the appropriation of funds or to make lease
64.19payments in any future fiscal year. Any unexpended portions of this appropriation cancel
64.20to the general fund at the close of each biennium. This section expires June 30, 2019.
64.21 Sec. 72. Minnesota Statutes 2008, section 270C.63, subdivision 13, is amended to read:
64.22 Subd. 13. Lien search fees. Upon request of any person, the filing officer shall issue
64.23a certificate showing whether there is recorded in that filing office, on the date and hour
64.24stated in the certificate, any notice of lien or certificate or notice affecting any lien filed
64.25on or after ten years before the date of the search certificate, naming a particular person,
64.26and giving the date and hour of filing of each notice or certificate naming the person. The
64.27fee for a certificate shall be as provided by section336.9-525 or
357.18, subdivision 1 ,
64.28clause (3). Upon request, the filing officer shall furnish a copy of any notice of state lien,
64.29or notice or certificate affecting a state lien, for a fee of50 cents $1 per page, except that
64.30after the effective date of article 2, section 11, of this act, that section shall govern the fee
64.31charged by the secretary of state for a copy or electronically transmitted image.
64.32 Sec. 73. Minnesota Statutes 2008, section 302A.821, is amended to read:
65.1302A.821 MINNESOTA CORPORATEREGISTRATION RENEWAL.
65.2 Subdivision 1. Annualregistration renewal. (a) The secretary of state must may
65.3send annually to each corporationat the registered office of the corporation a postcard,
65.4using the information provided by the corporation pursuant to section 5.002 or 5.34 or
65.5the articles of incorporation, a notice announcing the need to file the annualregistration
65.6renewal and informing the corporation that the annualregistration renewal may be filed
65.7online and that paper filings may also be made, and informing the corporation that failing
65.8to file the annualregistration renewal will result in an administrative dissolution of the
65.9corporation.
65.10(b) Each calendar year beginning in the calendar year following the calendar year
65.11in which a corporation incorporates, the corporation must file with the secretary of state
65.12by December 31 of each calendar year aregistration renewal containing the information
65.13listed in subdivision 2.
65.14 Subd. 2. Information required; manner of filing. Theregistration must include:
65.15filing must be made pursuant to section 5.34.
65.16(1) the name of the corporation;
65.17(2) the address of its principal executive office, if different from the registered
65.18office address;
65.19(3) the address of its registered office and the name of the registered agent, if any;
65.20(4) the state of incorporation; and
65.21(5) the name and business address of the officer or other person exercising the
65.22principal functions of the chief executive officer of the corporation.
65.23Subd. 3. Information public. The information required by subdivision 2 is public
65.24data. Chapter 13 does not apply to this information.
65.25 Subd. 4. Penalty; reinstatement. (a) A corporation that has failed to file a
65.26registration pursuant to the requirements of subdivision 2 renewal complying with section
65.275.34 must be dissolved by the secretary of state as described in paragraph (b).
65.28 (b) If the corporation has not filed theregistration renewal during any calendar year,
65.29the secretary of state must issue a certificate of administrative dissolution and the certificate
65.30must be filed in the Office of the Secretary of State. The secretary of state must make
65.31available in an electronic format the names of the dissolved corporations. A corporation
65.32dissolved in this manner is not entitled to the benefits of section302A.781 . The liability, if
65.33any, of the shareholders of a corporation dissolved in this manner shall be determined and
65.34limited in accordance with section302A.557 , except that the shareholders shall have no
65.35liability to any director of the corporation under section302A.559, subdivision 2 .
66.1 (c) After administrative dissolution, filing aregistration renewal complying with
66.2section 5.34 and the $25 fee with the secretary of state:
66.3 (1) returns the corporation to good standing as of the date of the dissolution;
66.4 (2) validates contracts or other acts within the authority of the articles, and the
66.5corporation is liable for those contracts or acts; and
66.6 (3) restores to the corporation all assets and rights of the corporation to the extent
66.7they were held by the corporation before the dissolution occurred, except to the extent that
66.8assets or rights were affected by acts occurring after the dissolution or sold or otherwise
66.9distributed after that time.
66.10 Sec. 74. Minnesota Statutes 2008, section 303.14, is amended to read:
66.11303.14 ANNUALREPORT RENEWAL.
66.12 Subdivision 1.Filed with secretary of state; contents Notice; filing. Each calendar
66.13year beginning in the calendar year following the calendar year in which a corporation
66.14receives a certificate of authority to do business in Minnesota, the secretary of state
66.15must mail by first class mail an annual registration form to the registered office of each
66.16corporation as shown on the records of the secretary of state. The form must include the
66.17following may send to the corporation, using the information provided by the corporation
66.18pursuant to section 5.002 or 5.34 or the application for certificate of authority, a notice:
66.19announcing the need to file the annual renewal and informing the corporation that the
66.20annual renewal may be filed online and that paper filings may also be made, and informing
66.21the corporation that failing to file the annual renewal will result in an administrative
66.22dissolution or revocation of certificate of authority to do business in Minnesota.
66.23"NOTICE: Failure to file this form by December 31 of this year will result in the
66.24revocation of the authority of this corporation to transact business in Minnesota without
66.25further notice from the secretary of state, pursuant to Minnesota Statutes, section 303.17."
66.26The corporation will submit a $115 fee with the annualregistration renewal and will
66.27set forth on the form: the items required by section 5.34.
66.28(1) the name of the corporation, and, if the corporation has designated an alternate
66.29name pursuant to section
303.05, subdivision 1, that alternate name;
66.30(2) the name of the registered agent of the corporation in Minnesota;
66.31(3) the address of its registered office;
66.32(4) the state of incorporation; and
66.33(5) the name and business address of the officer or other person exercising the
66.34principal functions of the chief executive officer of the corporation.
67.1 Sec. 75. Minnesota Statutes 2008, section 303.16, subdivision 4, is amended to read:
67.2 Subd. 4. Approval; filing. The application for withdrawal shall be delivered to
67.3the secretary of state. Upon receiving and examining the same, and upon finding that it
67.4conforms to the provisions of this chapter, the secretary of state shall, when all license
67.5fees, filing fees, and other charges other than the fee required by section 303.14 have been
67.6paid as required by law, file the same and shall issue and record a certificate of withdrawal.
67.7Upon the issuance of the certificate, the authority of the corporation to transact business
67.8in this state shall cease.
67.9 Sec. 76. Minnesota Statutes 2008, section 308A.995, is amended to read:
67.10308A.995PERIODIC REGISTRATION ANNUAL RENEWAL.
67.11 Subdivision 1.Periodic registration in certain years Annual renewal. Each
67.12cooperative governed by this chapter must filea periodic registration an annual renewal
67.13with the secretary of state in eachodd-numbered calendar year following the calendar year
67.14in which the cooperative was incorporated.In these years, The secretary of state must may
67.15mail by first class mail a registration form to the registered office of each cooperative as
67.16shown on the records of the secretary of state, or if no such address is in the records, to the
67.17location of the principal place of business shown on the records of the secretary of state.
67.18The form must include the following notice: send annually to the cooperative, using the
67.19information provided by the cooperative pursuant to section 5.002 or 5.34 or the articles of
67.20incorporation, a notice announcing the need to file the annual renewal and informing the
67.21cooperative that the annual renewal may be filed online and that paper filings may also be
67.22made, and informing the cooperative that failing to file the annual renewal will result in an
67.23administrative dissolution of the cooperative.
67.24"NOTICE: Failure to file this form by December 31 of this year will result in the
67.25dissolution of this cooperative without further notice from the secretary of state, pursuant
67.26to Minnesota Statutes, section
308A.995, subdivision 4, paragraph (b)."
67.27 Subd. 2. Minnesota cooperativeregistration renewal form. In each calendar year
67.28in which aregistration renewal is to be filed, a cooperative must file with the secretary of
67.29statea registration an annual renewal by December 31 of that calendar year containing:
67.30the items required by section 5.34.
67.31(1) the name of the cooperative;
67.32(2) the address of its registered office;
67.33(3) the address of its principal place of business, if different from the registered
67.34office address; and
68.1(4) the name and business address of the officer or other person exercising the
68.2principal functions of the chief executive officer of the cooperative.
68.3Subd. 3. Information public. The information required by subdivision 1 is public
68.4data.
68.5 Subd. 4. Penalty; dissolution. (a) A cooperative that has failed to file aregistration
68.6renewal pursuant to the requirements of this section by December 31 of the calendar year
68.7for which theregistration renewal was required must be dissolved by the secretary of
68.8state as described in paragraph (b).
68.9 (b) If the cooperative has not filed theregistration renewal by December 31 of that
68.10calendar year, the secretary of state must issue a certificate of involuntary dissolution, and
68.11the certificate must be filed in the Office of the Secretary of State. The secretary of state
68.12must make available in an electronic format the names of the dissolved cooperatives. A
68.13cooperative dissolved in this manner is not entitled to the benefits of section308A.981 .
68.14 Subd. 5. Reinstatement. A cooperative may retroactively reinstate its existence
68.15by filing a single annualregistration renewal and paying a $25 fee. Filing the annual
68.16registration renewal with the secretary of state:
68.17(1) returns the cooperative to active status as of the date of the dissolution;
68.18(2) validates contracts or other acts within the authority of the articles, and the
68.19cooperative is liable for those contracts or acts; and
68.20(3) restores to the cooperative all assets and rights of the cooperative and its
68.21shareholders or members to the extent they were held by the cooperative and its
68.22shareholders or members before the dissolution occurred, except to the extent that
68.23assets or rights were affected by acts occurring after the dissolution or sold or otherwise
68.24distributed after that time.
68.25EFFECTIVE DATE.This section is effective 30 days after the secretary of state
68.26certifies that the information systems of the Office of the Secretary of State have been
68.27modified to implement this section.
68.28 Sec. 77. Minnesota Statutes 2008, section 308B.121, subdivision 1, is amended to read:
68.29 Subdivision 1.Periodic registration in certain years Annual renewal. Each
68.30cooperative governed by this chapterand each foreign cooperative registered under
68.31section
308B.151a periodic registration an annual renewal with the secretary
68.32of statewith the initial articles and any amendment of the articles in each odd-numbered
68.33calendar year after the calendar year in which the cooperative incorporated.In these years,
68.34The secretary of statemust mail by first class mail a registration form to the registered
69.1office of each cooperative and registered foreign cooperative as shown in the records of
69.2the secretary of state, or if no such address is in the records, to the location of the principal
69.3place of business shown in the records of the secretary of state. For a cooperative, the
69.4form must include the following notice: may send annually to each cooperative, using the
69.5information provided by the cooperative pursuant to section 5.002 or 5.34 or the articles of
69.6organization, a notice announcing the need to file the annual renewal and informing the
69.7cooperative that the annual renewal may be filed online and that paper filings may also
69.8be made, and informing the cooperative that failing to file the annual renewal will result
69.9in an administrative dissolution.
69.10"NOTICE: Failure to file this form by December 31 of this year will result in the
69.11dissolution of this cooperative without further notice from the secretary of state, under
69.12Minnesota Statutes, section
308B.121, subdivision 4, paragraph (b)."
69.13For a foreign cooperative, the form must contain the following notice:
69.14"NOTICE: Failure to file this form by December 31 of this year will result in the
69.15loss of good standing and the authority to do business in Minnesota."
69.16EFFECTIVE DATE.This section is effective 30 days after the secretary of state
69.17certifies that the information systems of the Office of the Secretary of State have been
69.18modified to implement this section.
69.19 Sec. 78. Minnesota Statutes 2008, section 308B.121, subdivision 2, is amended to read:
69.20 Subd. 2.Registration Renewal form. In each calendar year in which a registration
69.21renewal is to be filed, a cooperative must file with the secretary of statea registration by
69.22December 31 of that calendar year a renewal containing: the items required by section
69.235.34.
69.24(1) the name of the cooperative;
69.25(2) the address of its registered office;
69.26(3) the address of its principal place of business, if different from the registered
69.27office address; and
69.28(4) the name and business address of the officer or other person exercising the
69.29principal functions of the chief executive officer of the cooperative.
69.30EFFECTIVE DATE.This section is effective 30 days after the secretary of state
69.31certifies that the information systems of the Office of the Secretary of State have been
69.32modified to implement this section.
69.33 Sec. 79. Minnesota Statutes 2008, section 317A.823, is amended to read:
69.34317A.823 ANNUAL CORPORATEREGISTRATION RENEWAL.
70.1 Subdivision 1. Annualregistration renewal. (a) The secretary of state must may
70.2send annually to each corporationat the registered office of the corporation, using the
70.3information provided by the corporation pursuant to section 5.002 or 5.34 or the articles of
70.4incorporation, apostcard notice announcing the need to file the annual registration renewal
70.5and informing the corporation that the annualregistration renewal may be filed online and
70.6that paper filings may also be made, and informing the corporation that failing to file the
70.7annualregistration renewal will result in an administrative dissolution of the corporation.
70.8 (b) Each calendar year beginning in the calendar year following the calendar year
70.9in which a corporation incorporates, a corporation must file with the secretary of state
70.10by December 31 of each calendar year a registration containing the informationlisted
70.11in paragraph (c) required by section 5.34.
70.12(c) The registration must include:
70.13(1) the name of the corporation;
70.14(2) the address of its registered office;
70.15(3) the name of its registered agent, if any; and
70.16(4) the name and business address of the officer or other person exercising the
70.17principal functions of president of the corporation.
70.18 Subd. 2. Penalty. (a) A corporation that has failed to file aregistration renewal
70.19pursuant tothe requirements of subdivision 1 must be dissolved by the secretary of state
70.20as described in paragraph (b).
70.21(b) If the corporation has not filed the delinquentregistration renewal, the secretary
70.22of state must issue a certificate of involuntary dissolution, and the certificate must be filed
70.23in the Office of the Secretary of State. The secretary of state must also make available in
70.24an electronic format the names of the dissolved corporations. A corporation dissolved in
70.25this manner is not entitled to the benefits of section317A.781 .
70.26 Sec. 80. Minnesota Statutes 2008, section 321.0206, is amended to read:
70.27321.0206 DELIVERY TO AND FILING OF RECORDS BY SECRETARY OF
70.28STATE; EFFECTIVE TIME AND DATE.
70.29 (a) A record authorized or required to be delivered to the secretary of state for filing
70.30under this chapter must be captioned to describe the record's purpose, be in a medium
70.31permitted by the secretary of state, and be delivered to the secretary of state. Unless the
70.32secretary of state determines that a record does not comply with the filing requirements
70.33of this chapter, and if the appropriate filing fees have been paid, the secretary of state
70.34shall file the record and:
70.35 (1) for a statement of dissociation, send:
71.1 (A) a copy of the filed statement to the person which the statement indicates has
71.2dissociated as a general partner; and
71.3 (B) a copy of the filed statement to the limited partnership;
71.4 (2) for a statement of withdrawal, send:
71.5 (A) a copy of the filed statement to the person on whose behalf the record was
71.6filed; and
71.7 (B) if the statement refers to an existing limited partnership, a copy of the filed
71.8statement to the limited partnership; and
71.9 (3) for all other records, send a copy of the filed record to the person on whose
71.10behalf the record was filed.
71.11 (b) Upon request and payment of a fee, the secretary of state shall send to the
71.12requester a certified copy of the requested record.
71.13 (c) Except as otherwise provided in sections321.0116 and
321.0207 , a record
71.14delivered to the secretary of state for filing under this chapter may specify an effective
71.15time and a delayed effective date. Except as otherwise provided in this chapter, a record
71.16filed by the secretary of state is effective:
71.17 (1) if the record does not specify an effective time and does not specify a delayed
71.18effective date, on the date and at the time the record is filed as evidenced by the secretary
71.19of state's endorsement of the date and time on the record;
71.20 (2) if the record specifies an effective time but not a delayed effective date, on the
71.21date the record is filed at the time specified in the record;
71.22 (3) if the record specifies a delayed effective date but not an effective time, at 12:01
71.23a.m. on the earlier of:
71.24 (A) the specified date; or
71.25 (B) the 30th day after the record is filed; or
71.26 (4) if the record specifies an effective time and a delayed effective date, at the
71.27specified time on the earlier of:
71.28 (A) the specified date; or
71.29 (B) the 30th day after the record is filed.
71.30 (d) The appropriate fees for filings under this chapter are:
71.31 (1) for filing a certificate of limited partnership, $100;
71.32 (2) for filing an amended certificate of limited partnership, $50;
71.33(3) for filing a name reservation for a limited partnership name, $35;
71.34(3) (4) for filing any other record, other than the annual report renewal required by
71.35section321.0210 , for which no fee must be charged, required or permitted to be delivered
71.36for filing,$35 $50;
72.1(4) (5) for filing a certificate requesting authority to transact business in Minnesota
72.2as a foreign limited partnership,$85 $100;
72.3(5) (6) for filing an application of reinstatement, $25;
72.4(6) (7) for filing a name reservation for a foreign limited partnership name, $35; and
72.5(7) (8) for filing any other record, other than the annual report renewal required by
72.6section321.0210 , for which no fee must be charged, required or permitted to be delivered
72.7for filing on a foreign limited partnership authorized to transact business in Minnesota,
72.8$50.
72.9 Sec. 81. Minnesota Statutes 2008, section 321.0210, is amended to read:
72.10321.0210 ANNUALREPORT RENEWAL FOR SECRETARY OF STATE.
72.11 (a) Subject to subsection (b):
72.12 (1) in each calendar year following the calendar year in which a limited partnership
72.13becomes subject to this chapter, the limited partnership must deliver to the secretary of
72.14state for filing an annualregistration renewal containing the information required by
72.15subsection (c); and
72.16 (2) in each calendar year following the calendar year in which there is first on file
72.17with the secretary of state a certificate of authority under section321.0904 pertaining to a
72.18foreign limited partnership, the foreign limited partnership must deliver to the secretary
72.19of state for filing an annualregistration renewal containing the information required by
72.20subsection (c).
72.21 (b) A limited partnership's obligation under subsection (a) ends if the limited
72.22partnership delivers to the secretary of state for filing a statement of termination under
72.23section321.0203 and the statement becomes effective under section
321.0206 . A foreign
72.24limited partnership's obligation under subsection (a) ends if the secretary of state issues
72.25and files a certificate of revocation under section321.0906 or if the foreign limited
72.26partnership delivers to the secretary of state for filing a notice of cancellation under
72.27section321.0907 (a) and that notice takes effect under section
321.0206 . If a foreign
72.28limited partnership's obligations under subsection (a) end and later the secretary of state
72.29files, pursuant to section321.0904 , a new certificate of authority pertaining to that foreign
72.30limited partnership, subsection (a)(2), again applies to the foreign limited partnership and,
72.31for the purposes of subsection (a)(2), the calendar year of the new filing is treated as the
72.32calendar year in which a certificate of authority is first on file with the secretary of state.
72.33 (c) The annualregistration renewal must contain: the items required by section 5.34.
72.34(1) the name of the limited partnership or foreign limited partnership;
73.1(2) the address of its designated office and the name and street and mailing address
73.2of its agent for service of process in Minnesota and, if the agent is not an individual, the
73.3name, street and mailing address, and telephone number of an individual who may be
73.4contacted for purposes other than service of process with respect to the limited partnership;
73.5(3) in the case of a limited partnership, the street and mailing address of its principal
73.6office; and
73.7(4) in the case of a foreign limited partnership, the name of the state or other
73.8jurisdiction under whose law the foreign limited partnership is formed and any alternate
73.9name adopted under section
321.0905(a).
73.10 (d) The secretary of state shall:
73.11 (1) administratively dissolve under section321.0809 a limited partnership that has
73.12failed to file aregistration renewal pursuant to subsection (a); and
73.13 (2) revoke under section321.0906 the certificate of authority of a foreign limited
73.14partnership that has failed to file aregistration renewal pursuant to subsection (a).
73.15 Sec. 82. Minnesota Statutes 2008, section 321.0810, is amended to read:
73.16321.0810 REINSTATEMENT FOLLOWING ADMINISTRATIVE
73.17DISSOLUTION.
73.18(a) A limited partnership that has been administratively dissolved or a foreign
73.19limited partnership that has had its certificate of authority revoked mayapply to the
73.20secretary of state for reinstatement reinstate after the effective date of dissolution. The
73.21application To reinstate, the annual renewal required by section 5.34 must be delivered to
73.22the secretary of state for filingand state: with the reinstatement fee of $25.
73.23(1) the name of the limited partnership and the effective date of its administrative
73.24dissolution;
73.25(2) that the grounds for dissolution either did not exist or have been eliminated; and
73.26(3) that the limited partnership's name satisfies the requirements of section
321.0108.
73.27The application must also include any documents that were required to be delivered
73.28for filing to the secretary of state but which were not so delivered.
73.29(b) If the secretary of state determines thatan application an annual renewal contains
73.30the information required by subsection (a) and that the information is correct andthe
73.31application includes is accompanied by the appropriate fee, the secretary of state shall file
73.32thereinstatement application and serve the limited partnership with a copy renewal and
73.33reinstate the limited partnership or foreign limited partnership.
73.34(c) When reinstatement becomes effective, it relates back to and takes effect as of the
73.35effective date of the administrative dissolution or revocation and the limited partnership
74.1may resume its activities as if the administrative dissolution or revocation had never
74.2occurred, except that for the purposes of section 321.0103(c) and (d) the reinstatement
74.3is effective only as of the date the reinstatement is filed.
74.4 Sec. 83. Minnesota Statutes 2008, section 322B.960, is amended to read:
74.5322B.960 ANNUALREGISTRATION RENEWAL.
74.6 Subdivision 1. Annualregistration renewal form. (a) The secretary of state
74.7must may send annually to each limited liability company at the registered office of the
74.8corporation a postcard, using the information provided by the limited liability company
74.9pursuant to section 5.002 or 5.34 or the articles of organization, a notice announcing the
74.10need to file the annualregistration renewal and informing the limited liability company
74.11that the annualregistration renewal may be filed online and that paper filings may also be
74.12made, and informing the limited liability company that failing to file the annualregistration
74.13renewal will result in an administrative termination of the limited liability company or the
74.14revocation of the authority of the limited liability company to do business in Minnesota.
74.15(b) Each calendar year beginning in the calendar year following the calendar year in
74.16which a limited liability company files articles of organization, a limited liability company
74.17must file with the secretary of state by December 31 of each calendar year aregistration
74.18renewal containing theinformation listed in subdivision 2 items required by section 5.34.
74.19Subd. 2. Information required; fees. The registration must include:
74.20(1) the name of the limited liability company or the name under which a foreign
74.21limited liability company has registered in this state;
74.22(2) the address of its principal executive office, if different from the registered
74.23address;
74.24(3) the address of its registered office;
74.25(4) the name of its registered agent, if any;
74.26(5) the state or jurisdiction of organization; and
74.27(6) the name and business address of the manager or other person exercising the
74.28principal functions of the chief manager of the limited liability company.
74.29 Subd. 4. Penalty. (a) A domestic limited liability company that has not filed
74.30aregistration renewal pursuant to the requirements of subdivision 2, this section is
74.31administratively terminated. The secretary of state shall issue a certificate of administrative
74.32termination which must be filed in the office of the secretary of state. The secretary of
74.33state must also make available in an electronic format the names of the terminated limited
74.34liability companies.
75.1(b) A non-Minnesota limited liability company that has not filed aregistration
75.2renewal pursuant tothe requirements of subdivision 2, this section shall have its authority
75.3to do business in Minnesota revoked. The secretary of state must issue a certificate of
75.4revocation which must be filed in the Office of the Secretary of State. The secretary
75.5of state must also make available in an electronic format the names of the revoked
75.6non-Minnesota limited liability companies.
75.7 Subd. 5. Reinstatement. If a limited liability company is administratively
75.8terminated or has its authority to do business in Minnesota revoked, it may retroactively
75.9reinstate its existence or authority to do business by filing a single annualregistration
75.10renewal and paying a $25 fee.
75.11(a) For a domestic limited liability company, filing the annualregistration renewal
75.12with the secretary of state:
75.13(1) returns the limited liability company to active status as of the date of the
75.14administrative termination;
75.15(2) validates contracts or other acts within the authority of the articles, and the
75.16limited liability company is liable for those contracts or acts; and
75.17(3) restores to the limited liability company all assets and rights of the limited
75.18liability company and its members to the extent they were held by the limited liability
75.19company and its members before the administrative termination occurred, except to the
75.20extent that assets or rights were affected by acts occurring after the termination, sold, or
75.21otherwise distributed after that time.
75.22(b) For a non-Minnesota limited liability company, filing the annualregistration
75.23renewal restores the limited liability company's ability to do business in Minnesota and
75.24the rights and privileges which accompany that authority.
75.25 Sec. 84. Minnesota Statutes 2008, section 323A.1003, is amended to read:
75.26323A.1003 ANNUALREGISTRATION RENEWAL.
75.27 (a) Each calendar year beginning in the calendar year following the calendar year
75.28in which a partnership files a statement of qualification or in which a foreign partnership
75.29becomes authorized to transact business in this state, the secretary of statemust mail by
75.30first class mail an annual registration form to the street address of the partnership's chief
75.31executive office, if located in Minnesota, the office in this state, if the chief executive
75.32office is not located in Minnesota, or address of the registered agent of the partnership
75.33as shown on the records of the secretary of state when the chief executive office is not
75.34located in Minnesota and no other Minnesota office exists may send annually to the
75.35partnership or foreign partnership, using the information provided by the limited liability
76.1partnership pursuant to section 5.002 or 5.34 or the limited liability partnership statement
76.2of qualification, a notice. Theform must include the following notice: will announce the
76.3need to file the annual renewal and will inform the partnership or foreign partnership that
76.4the annual renewal may be filed online and that paper filings may also be made and that
76.5"NOTICE: failure to file this form the notice by December 31 of this year will result
76.6in the revocation of the statement of qualification of this limited liability partnership.
76.7without further notice from the secretary of state pursuant to Minnesota Statutes, section
76.8323A.1003, subsection (d)."
76.9 (b) A limited liability partnership, and a foreign limited liability partnership
76.10authorized to transact business in this state, shall file an annualregistration renewal in the
76.11office of the secretary of state which contains: the information required by section 5.34.
76.12(1) the name of the limited liability partnership and the state or other jurisdiction
76.13under whose laws the foreign limited liability partnership is formed;
76.14(2) the street address, including the zip code, of the partnership's chief executive
76.15office and, if different, the street address, including the zip code, of an office of the
76.16partnership in this state, if any;
76.17(3) if the partnership does not have an office in this state, the name and street address,
76.18including the zip code, of the partnership's current agent for service of process; and
76.19(4) if the agent for service of process under clause (3) is not an individual, the name,
76.20street address, and telephone number of an individual who may be contacted for purposes
76.21other than service of process with respect to the limited liability partnership.
76.22 (c) An annualregistration renewal must be filed once each calendar year beginning
76.23in the year following the calendar year in which a partnership files a statement of
76.24qualification or a foreign partnership becomes authorized to transact business in this state.
76.25 (d) The secretary of state must revoke the statement of qualification of a partnership
76.26that fails to file an annualregistration renewal when due or pay the required filing fee. The
76.27secretary of state must issue a certificate of revocation which must be filed in the office
76.28of the secretary of state. The secretary of state must also make available in an electronic
76.29format the names of the revoked limited liability companies.
76.30 (e) A revocation under subsection (d) only affects a partnership's status as a limited
76.31liability partnership and is not an event of dissolution of the partnership.
76.32 (f) A partnership whose statement of qualification has been revoked may apply
76.33to the secretary of state for reinstatementwithin one year after the effective date of
76.34the revocation. A partnership must file an annual registration renewal to apply for
76.35reinstatement and pay a reinstatement fee of$135 $160.
77.1 (g) A reinstatement under subsection (f) relates back to and takes effect as of
77.2the effective date of the revocation, and the partnership's status as a limited liability
77.3partnership continues as if the revocation had never occurred.
77.4 Sec. 85. Minnesota Statutes 2008, section 333.055, is amended to read:
77.5333.055 TERM OF CERTIFICATE.
77.6 Subdivision 1. Application and renewal. Filing of a certificate hereunder shall be
77.7effectivefor a term of ten years from the date of filing and upon application filed within
77.8the six-month period prior to the expiration of such term or a renewal thereof, on a form
77.9prescribed by the secretary of state, upon filing and shall remain in effect as long as an
77.10annual renewal for the certificatemay be renewed for additional ten-year terms. A renewal
77.11fee as specified herein, payable to the secretary of state, shall accompany the application
77.12for renewal. is filed in each calendar year following the calendar year in which the original
77.13filing was filed. The certificate expires in the calendar year following a calendar year in
77.14which the annual renewal was not filed. Notice of the annual renewal requirement must be
77.15provided to the person or entity submitting the certificate at the time of the original filing.
77.16The secretary of state shall notify each business holding a certificate hereunder of
77.17the necessity of renewal thereof by writing to the last known address of the business at
77.18least six months prior to the certificate's expiration date.
77.19Assumed name certificates on file with the secretary of state upon the effective
77.20date of this section are exempt from the renewal requirements of this section until the
77.21expiration of the original ten-year term.
77.22 Subd. 2.Existing certificates Reinstatement. Any assumed name certificate of
77.23record in the district courts and in force on July 1, 1978 shall continue in force without
77.24the necessity of another filing under section
333.01 until July 31, 1979, at which time all
77.25such certificates shall expire unless renewed as hereinafter provided. Any certificate
77.26may be renewed by filing an application with the secretary of state on a form prescribed
77.27by the secretary and paying the renewal fee prescribed by subdivision 3 within the six
77.28month period prior to the expiration of the certificate that expires as a result of failing
77.29to file the annual renewal may be reinstated by filing the annual renewal with the $25
77.30reinstatement fee.
77.31 Subd. 2a. Annual renewal; contents. The annual renewal filed under subdivision 1
77.32must include the assumed name and the address of the principal place of business.
78.1 Subd. 3. Fees. The secretary of state shall charge and collect: a fee of $30 for
78.2each filing submitted with respect to an assumed name except for the annual renewal,
78.3for which no fee will be charged.
78.4(a) for the filing of each certificate or amended certificate of an assumed name - $25;
78.5(b) certificate renewal fee - $25.
78.6 Subd. 4. Secretary of state duties. The secretary of state shall accept for filing all
78.7certificates and renewals thereof which comply with the provisions of sections333.001 to
78.8333.06
and which are accompanied by the prescribed fees, notwithstanding the fact that
78.9the assumed name disclosed therein may not be distinguishable from one or more other
78.10assumed names already filed with the secretary of state. The secretary of state shall not
78.11accept for filing a certificate that discloses an assumed name that is not distinguishable
78.12from a corporate, limited liability company, limited liability partnership, cooperative, or
78.13limited partnership name in use or reserved in this state by another or a trade or service
78.14mark registered with the secretary of state, unless there is filed with the certificate a written
78.15consent, court decree of prior right, or affidavit of nonuser of the kind required by section
78.16302A.115, subdivision 1
, clause (d). The secretary of state shall determine whether a name
78.17is distinguishable from another name for purposes of this subdivision.
78.18EFFECTIVE DATE; APPLICATION.This section is effective 30 days after the
78.19secretary of state certifies that the information systems of the Office of the Secretary of
78.20State have been modified to implement this section, and this section applies to all existing
78.21and new assumed name certificates on and after that date.
78.22 Sec. 86. Minnesota Statutes 2008, section 336A.04, subdivision 3, is amended to read:
78.23 Subd. 3. Fees. The fee for filing and indexing a standard form or format for a lien
78.24notice, effective financing statement, or continuation statement, and stamping the date and
78.25place of filing on a copy of the filed document furnished by the filing party is$15 until
78.26June 30, 2005. Effective July 1, 2005, the fee for each filing will be as follows:
78.27(1) $20 for each effective financing statement and $15 for each lien notice or other
78.28filing made through the Web interface of the Office of the Secretary of State;and
78.29(2) $25 for each effective financing statement and $20 for each lien notice or other
78.30filing submitted in any other manner.; and
78.31(3) no fee will be charged for filing a termination statement.
78.32Filing fees collected by a satellite office must be deposited in the general fund of the
78.33county in which the satellite office is located.
78.34 Sec. 87. Minnesota Statutes 2008, section 336A.09, subdivision 2, is amended to read:
79.1 Subd. 2. Searches; fees. (a) If a person makes a request, the filing officer shall
79.2conduct a search of the computerized filing system for effective financing statements or
79.3lien notices and statements of continuation of a particular debtor. The filing officer shall
79.4produce a report including the date, time, and results of the search by issuing:
79.5(1) a listing of the file number, date, and hour of each effective financing statement
79.6found in the search and the names and addresses of each secured party on the effective
79.7financing statements or of each lien notice found in the search and the names and address
79.8of each lienholder on the lien notice; or
79.9(2) upon request, both the report and photocopies of the effective financing
79.10statements or lien notices.
79.11(b) The uniform fee for conducting a search and for preparing a report is $20 per
79.12debtor name.If an oral or facsimile response is requested, there is an additional fee of $5
79.13per debtor name requested. A fee of $1 per page as set by section 5.12 will be charged for
79.14photocopies of effective financing statements, lien notices, continuation statements, or
79.15termination statements.
79.16(c) Search fees collected by a satellite office must be deposited in the general fund of
79.17the county where the satellite office is located.
79.18 Sec. 88. Minnesota Statutes 2008, section 359.01, subdivision 3, is amended to read:
79.19 Subd. 3. Fees. (a) When making application for a commission the applicant must
79.20submit, along with the information required by the secretary of state, a nonrefundable
79.21fee of $40.
79.22(b) All fees shall be retained by the secretary of state and are nonreturnable, except
79.23that for an overpayment of a fee is the subject of a refund upon proper application.
79.24 Sec. 89. Minnesota Statutes 2008, section 383B.72, is amended to read:
79.25383B.72 LAND ACQUISITION; TOWN CONSENT.
79.26Notwithstanding the provisions of section398.09 , the Board of Park District
79.27Commissioners of the Three Rivers Park District, before acquiring by purchase or
79.28condemnation real estate located within the boundaries of any organized town in Hennepin
79.29County,other than real estate located within an area designated for development of a park
79.30in the most recent revised plan which has been prepared by the district in accordance with
79.31section
398.19, and is on file on June 9, 1971, with the state department of parks, shall
79.32secure the consent of the town board of such town to such acquisition, by resolution duly
79.33adopted by such board.
80.1 Sec. 90. Minnesota Statutes 2008, section 469.175, subdivision 1, is amended to read:
80.2 Subdivision 1. Tax increment financing plan. (a) A tax increment financing plan
80.3shall contain:
80.4 (1) a statement of objectives of an authority for the improvement of a project;
80.5 (2) a statement as tothe development program for the project, including the property
80.6within the project, if any, that the authority intends to acquire, identified by parcel number,
80.7identifiable property name, block, or other appropriate means indicating the area in which
80.8the authority intends to acquire properties;
80.9 (3) a list of any development activities that the plan proposes to take place within
80.10the project,for which contracts have been entered into at the time of the preparation of
80.11the plan, for which the authority has entered into an agreement or designated a developer
80.12including the names of the partiesto the contract or designated developer, the activity
80.13governed by thecontract the agreement or designation, the cost stated in the contract, and
80.14the expected date of completion of that activity;
80.15 (4) identification or description of the type of any other specific development
80.16reasonably expected to take place within theproject district, and the date when the
80.17development is likely to occur;
80.18 (5) estimates of the following:
80.19 (i) cost of the project, including administrative expenses, except that if part of the
80.20cost of the project is paid or financed with increment from the tax increment financing
80.21district, the tax increment financing plan for the district must contain an estimate of the
80.22amount of the cost of the project, including administrative expenses, that and interest as a
80.23financing cost, which will be paid or financed with tax increments from the district, but
80.24not to exceed the estimated tax increment generated by the development activity;
80.25 (ii) amount ofbonded indebtedness to be incurred bonds to be issued;
80.26 (iii)sources of revenue to finance or otherwise pay public costs;
80.27(iv) the most recent original net tax capacity of taxable real property within the tax
80.28increment financing district and within any subdistrict;
80.29(v) (iv) the estimated captured net tax capacity of the tax increment financing district
80.30at completion; and
80.31(vi) (v) the duration of the tax increment financing district's and any subdistrict's
80.32existence;
80.33 (6) statements of the authority's alternate estimates of the impact of tax increment
80.34financing on the net tax capacities of all taxing jurisdictions in which the tax increment
80.35financing district is located in whole or in part. For purposes of one statement, the
80.36authority shall assume that the estimated captured net tax capacity would be available to
81.1the taxing jurisdictions without creation of the district, and for purposes of the second
81.2statement, the authority shall assume that none of the estimated captured net tax capacity
81.3would be available to the taxing jurisdictions without creation of the district or subdistrict;
81.4 (7) identification and description of studies and analyses used to make the
81.5determination set forth in subdivision 3, clause (2); and
81.6 (8) identification of all parcels to be included in the district or any subdistrict.
81.7 (b) The authority may specify in the tax increment financing plan the first year in
81.8which it elects to receive increment, up to four years following the year of approval of the
81.9district. This paragraph does not apply to an economic development district.
81.10EFFECTIVE DATE.This section is effective for tax increment financing plans
81.11approved after June 30, 2009.
81.12 Sec. 91. Minnesota Statutes 2008, section 469.175, subdivision 6, is amended to read:
81.13 Subd. 6. Annual financial reporting. (a) The state auditor shall develop a uniform
81.14system of accounting and financial reporting for tax increment financing districts. The
81.15system of accounting and financial reporting shall, as nearly as possible:
81.16(1) provide for full disclosure of the sources and uses ofpublic funds in tax
81.17increments of the district;
81.18(2) permit comparison and reconciliation with the affected local government's
81.19accounts and financial reports;
81.20(3) permit auditing of the funds expended on behalf of a district, including a single
81.21district that is part of a multidistrict project or that is funded in part or whole through
81.22the use of a development account funded with tax increments from other districts or
81.23with other public money;
81.24(4) be consistent with generally accepted accounting principles.
81.25(b) The authority must annually submit to the state auditor a financial report
81.26in compliance with paragraph (a). Copies of the report must also be provided to the
81.27county auditor and to the governing body of the municipality, if the authority is not
81.28the municipality. To the extent necessary to permit compliance with the requirement
81.29of financial reporting, the county and any other appropriate local government unit or
81.30private entity must provide the necessary records or information to the authority or the
81.31state auditor as provided by the system of accounting and financial reporting developed
81.32pursuant to paragraph (a). The authority must submit the annual report for a year on or
81.33before August 1 of the next year.
81.34(c) The annual financial report must also include the following items:
82.1(1) the original net tax capacity of the district and any subdistrict under section
82.2469.177, subdivision 1
;
82.3(2) the net tax capacity for the reporting period of the district and any subdistrict;
82.4(3) the captured net tax capacity of the district;
82.5(4) any fiscal disparity deduction from the captured net tax capacity under section
82.6469.177, subdivision 3
;
82.7(5) the captured net tax capacity retained for tax increment financing under section
82.8469.177, subdivision 2
, paragraph (a), clause (1);
82.9(6) any captured net tax capacity distributed among affected taxing districts under
82.10section469.177, subdivision 2 , paragraph (a), clause (2);
82.11(7) the type of district;
82.12(8) the date the municipality approved the tax increment financing plan and the
82.13date of approval of any modification of the tax increment financing plan, the approval of
82.14which requires notice, discussion, a public hearing, and findings under subdivision 4,
82.15paragraph (a);
82.16(9) the date the authority first requested certification of the original net tax capacity
82.17of the district and the date of the request for certification regarding any parcel added
82.18to the district;
82.19(10) the date the county auditor first certified the original net tax capacity of the
82.20district and the date of certification of the original net tax capacity of any parcel added
82.21to the district;
82.22(11) the month and year in which the authority has received or anticipates it will
82.23receive the first increment from the district;
82.24(12) the date the district must be decertified;
82.25(13) for the reporting period and prior years of the district, the actual amount
82.26received from, at least, the following categories:
82.27(i) tax increments paid by the captured net tax capacity retained for tax increment
82.28financing under section469.177, subdivision 2 , paragraph (a), clause (1), but excluding
82.29any excess taxes;
82.30(ii) tax increments that are interest or other investment earnings on or from tax
82.31increments;
82.32(iii) tax increments that are proceeds from the sale or lease of property, tangible or
82.33intangible, purchased by the authority with tax increments;
82.34(iv) tax increments that are repayments of loans or other advances made by the
82.35authority with tax increments;
82.36(v) bondor loan proceeds; and
83.1(vi)special assessments;
83.2(vii) grants;
83.3(viii) transfers from funds not exclusively associated with the district; and
83.4(ix) the market value homestead credit paid to the authority under section
273.1384 ;
83.5(14) for the reporting period and for the prior years of the district, the actual amount
83.6expended for, at least, the following categories:
83.7(i) acquisition of land and buildings through condemnation or purchase;
83.8(ii) site improvements or preparation costs;
83.9(iii) installation of public utilities, parking facilities, streets, roads, sidewalks, or
83.10other similar public improvements;
83.11(iv) administrative costs, including the allocated cost of the authority; and
83.12(v)public park facilities, facilities for social, recreational, or conference purposes, or
83.13other similar public improvements; and for housing districts, construction of affordable
83.14housing;
83.15(vi) transfers to funds not exclusively associated with the district;
83.16(15) the amount of any payments for activities and improvements located outside of
83.17the district that are paid for or financed with tax increments;
83.18(16) the amount of payments of principal and interest that are made during the
83.19reporting period on any nondefeased:
83.20(i) general obligation tax increment financing bonds;
83.21(ii) other tax increment financing bonds, including pay-as-you-go contracts and
83.22notes;and
83.23(iii) notes and pay-as-you-go contracts;
83.24(17) the principal amount, at the end of the reporting period, of any nondefeased:
83.25(i) general obligation tax increment financing bonds;
83.26(ii) other tax increment financing bonds, including pay as you go contracts and
83.27notes;and
83.28(iii) notes and pay-as-you-go contracts;
83.29(18) the amount of principal and interest payments that are due for the current
83.30calendar year on any nondefeased:
83.31(i) general obligation tax increment financing bonds; and
83.32(ii) other tax increment financing bonds, including pay-as-you-go contracts and
83.33notes; and
83.34(iii) notes and pay-as-you-go contracts;
83.35(19) if the fiscal disparities contribution under chapter 276A or 473F for the district
83.36is computed under section469.177, subdivision 3 , paragraph (a), the amount of total
84.1increased property taxesimposed on other properties in the municipality that approved the
84.2tax increment financing plan as a result of the fiscal disparities contribution; to be paid
84.3from outside the tax increment financing district; and
84.4(20)the estimate, if any, contained in the tax increment financing plan of the amount
84.5of the cost of the project, including administrative expenses, that will be paid or financed
84.6with tax increment; and
84.7(21) any additional information the state auditor may require.
84.8(d)The commissioner of revenue shall prescribe the method of calculating the
84.9increased property taxes under paragraph (c), clause (19), and the form of the statement
84.10disclosing this information on the annual statement under subdivision 5.
84.11(e) The reporting requirements imposed by this subdivision apply to districts
84.12certified before, on, and after August 1, 1979.
84.13EFFECTIVE DATE.This section is effective for tax increment financing reports
84.14due after December 31, 2009.
84.15 Sec. 92. Minnesota Statutes 2008, section 471.345, subdivision 15, is amended to read:
84.16 Subd. 15. Cooperative purchasing. (a) Municipalities may contract for the
84.17purchase of supplies, materials, or equipment by utilizing contracts that are available
84.18through the state's cooperative purchasing venture authorized by section 16C.11 . For a
84.19contract estimated to exceed $25,000, a municipality must consider the availability, price
84.20and quality of supplies, materials, or equipment available through the state's cooperative
84.21purchasing venture before purchasing through another source.
84.22(b) If a municipality does not utilize the state's cooperative purchasing venture, a
84.23municipality may contract for the purchase of supplies, materials, or equipment without
84.24regard to the competitive bidding requirements of this section if the purchase is through
84.25a national municipal association's purchasing alliance or cooperative created by a joint
84.26powers agreement that purchases items from more than one source on the basis of
84.27competitive bids or competitive quotations.
84.28 Sec. 93. Minnesota Statutes 2008, section 473.142, is amended to read:
84.29473.142 SMALL BUSINESSES.
84.30(a) The Metropolitan Council and agencies specified in section473.143, subdivision
84.311 , may award up to a six percent preference in the amount bid for specified goods
84.32or services to small targeted group businesses and veteran-owned small businesses
84.33designated under section16C.16 .
85.1(b) The council and each agency specified in section473.143, subdivision 1 , may
85.2designate a purchase of goods or services for award only to small targeted group businesses
85.3designated under section16C.16 if the council or agency determines that at least three
85.4small targeted group businesses are likely to bid. The council and each agency specified in
85.5section 473.143, subdivision 1, may designate a purchase of goods or services for award
85.6only to veteran-owned small businesses designated under section 16C.16 if the council or
85.7agency determines that at least three veteran-owned small businesses are likely to bid.
85.8(c) The council and each agency specified in section473.143, subdivision 1 , as a
85.9condition of awarding a construction contract or approving a contract for consultant,
85.10professional, or technical services, may set goals that require the prime contractor
85.11to subcontract a portion of the contract to small targeted group businesses and
85.12veteran-owned small businesses designated under section16C.16 . The council or agency
85.13must establish a procedure for granting waivers from the subcontracting requirement
85.14when qualified small targeted group businesses and veteran-owned small businesses are
85.15not reasonably available. The council or agency may establish financial incentives for
85.16prime contractors who exceed the goals for use of subcontractors and financial penalties
85.17for prime contractors who fail to meet goals under this paragraph. The subcontracting
85.18requirements of this paragraph do not apply to prime contractors who are small targeted
85.19group businesses and veteran-owned small businesses. At least 75 percent of the value of
85.20the subcontracts awarded to small targeted group businesses under this paragraph must
85.21be performed by the business to which the subcontract is awarded or by another small
85.22targeted group business. At least 75 percent of the value of the subcontracts awarded to
85.23veteran-owned small businesses under this paragraph must be performed by the business
85.24to which the subcontract is awarded or another veteran-owned small business.
85.25(d) The council and each agency listed in section473.143, subdivision 1 , are
85.26encouraged to purchase from small targeted group businesses and veteran-owned small
85.27businesses designated under section16C.16 when making purchases that are not subject to
85.28competitive bidding procedures.
85.29(e) The council and each agency may adopt rules to implement this section.
85.30(f) Each council or agency contract must require the prime contractor to pay any
85.31subcontractor within ten days of the prime contractor's receipt of payment from the
85.32council or agency for undisputed services provided by the subcontractor. The contract
85.33must require the prime contractor to pay interest of 1-1/2 percent per month or any
85.34part of a month to the subcontractor on any undisputed amount not paid on time to the
85.35subcontractor. The minimum monthly interest penalty payment for an unpaid balance of
85.36$100 or more is $10. For an unpaid balance of less than $100, the prime contractor shall
86.1pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil
86.2action to collect interest penalties from a prime contractor must be awarded its costs and
86.3disbursements, including attorney fees, incurred in bringing the action.
86.4(g) This section does not apply to procurement financed in whole or in part
86.5with federal funds if the procurement is subject to federal disadvantaged, minority, or
86.6women business enterprise regulations. The council and each agency shall report to the
86.7commissioner of administration on compliance with this section. The information must be
86.8reported at the time and in the manner requested by the commissioner.
86.9EFFECTIVE DATE.This section is effective July 1, 2009, and applies to
86.10procurement contract bid solicitations issued on and after that date.
86.11 Sec. 94. Minnesota Statutes 2008, section 480.181, subdivision 2, is amended to read:
86.12 Subd. 2. Election to retain insurance and benefits; retirement. (a) Before a
86.13person is transferred to state employment under this section, the person may elect to do
86.14either or both of the following:
86.15(1) keep life insurance; hospital, medical, and dental insurance; and vacation and
86.16sick leave benefits and accumulated time provided by the county instead of receiving
86.17benefits from the state under the judicial branch personnel rules; or
86.18(2) remain a member of the Public Employees Retirement Association or the
86.19Minneapolis employees retirement fund instead of joining the Minnesota State Retirement
86.20System.
86.21Employees who make an election under clause (1) remain on the county payroll,
86.22but the state shall reimburse the county on a quarterly basis for the salary and cost of the
86.23benefits provided by the county. The state shall make the employer contribution to the
86.24Public Employees Retirement Association or the employer contribution under section
86.25422A.101, subdivision 1a
, to the Minneapolis Employees Retirement Fund on behalf of
86.26employees who make an election under clause (2).
86.27(b) An employee who makes an election under paragraph (a), clause (1), may revoke
86.28the election, once, at any time, but if the employee revokes the election, the employee
86.29cannot make another election. An employee who makes an election under paragraph (a),
86.30clause (2), may revoke the election at any time within six months after the person becomes
86.31a state employee. Once an employee revokes this election, the employee cannot make
86.32another election.
86.33(c) The Supreme Court, after consultation with the Judicial Council, the
86.34commissioner ofemployee relations management and budget, and the executive directors
87.1of the Public Employees Retirement Association and the Minnesota State Retirement
87.2Association, shall adopt procedures for making elections under this section.
87.3(d) The Supreme Court shall notify all affected employees of the options available
87.4under this section. The executive directors of the Public Employees Retirement
87.5Association and the Minnesota State Retirement System shall provide counseling to
87.6affected employees on the effect of making an election to remain a member of the Public
87.7Employees Retirement Association.
87.8 Sec. 95. Laws 2005, chapter 162, section 34, subdivision 2, is amended to read:
87.9 Subd. 2. Optical scan equipment. $6,000,000 is appropriated from the Help
87.10America Vote Act account to the secretary of state for grants to counties to purchase
87.11optical scan voting equipment. Counties are eligible for grants to the extent that they
87.12decide to purchase ballot marking machines and as a result do not have sufficient Help
87.13America Vote Act grant money remaining to also purchase a compatible precinct-based
87.14optical scan machine or central-count machine. These grants must be allocated to counties
87.15at a rate of $3,000 per eligible precinct until the appropriation is exhausted, with priority
87.16in the payment of grants to be given to counties currently using hand- and central-count
87.17voting systems and counties using precinct-count optical scan voting systems incompatible
87.18with assistive voting systems or ballot marking machines. This appropriation is available
87.19until June 30,2009 2012.
87.20EFFECTIVE DATE.This section is effective June 30, 2009.
87.21 Sec. 96. Laws 2006, chapter 218, section 6, is amended to read:
87.22 Sec. 6. SUNSET.
87.23The implementation and steering task force established in section 2 expires on
87.24December 31,2009 2011.
87.25 Sec. 97. RULE AMENDMENT.
87.26The commissioner of public safety must amend Minnesota Rules, part 7525.0400,
87.27and any other rules as necessary to conform to section 16B.24, subdivision 5b. The
87.28commissioner may use the good cause exemption, under authority of Minnesota Statutes,
87.29section 14.388, subdivision 1, clause (3), to amend rules to conform with section 16B.24,
87.30subdivision 5b.
87.31EFFECTIVE DATE.This section is effective the day following final enactment.
87.32 Sec. 98. RACING LICENSE FEE RATIFICATION.
88.1The changes in license fees proposed for Minnesota Rules, part 7877.0120, subpart
88.21, as published in the State Register on Monday, November 10, 2008, are ratified.
88.3EFFECTIVE DATE.This section is effective the day following final enactment.
88.4 Sec. 99. TRAINING SERVICES.
88.5During the biennium ending June 30, 2011, state executive branch agencies must
88.6consider using services provided by government training services before contracting with
88.7other outside vendors for similar services.
88.8 Sec. 100. RENTAL COST SAVINGS.
88.9The commissioner of administration must report to the chairs and ranking minority
88.10members of the senate and house committees with jurisdiction over state government
88.11finance by January 15, 2010, on savings in state agency costs for rental space in
88.12state-owned and state-leased buildings that can be achieved by expected decreases in
88.13agency complement and that could be achieved by encouraging or requiring increased
88.14telecommuting by state employees. The report must estimate savings by agency and by
88.15fund, and must estimate when these savings can be realized.
88.16 Sec. 101. CASH FLOW STUDY.
88.17 By January 15, 2010, the commissioner of finance must submit to the chair
88.18and ranking minority member of the Finance Committee in the senate and the chair
88.19and ranking minority member of the Ways and Means Committee in the house of
88.20representatives, a report on the cash flow condition of the general fund for the fiscal
88.21year 2010-2011 biennium and the following biennium, including an assessment of the
88.22options for improving the long-term cash flow of the state through changes in the timing
88.23of general fund payment dates, revenue collections, or other changes. In addition, the
88.24report should identify all major provisions of law that result in state expenditures or
88.25revenues being recognized in budget documents in a fiscal year earlier or later than the
88.26fiscal year in which the obligation to pay state expenses was incurred or the liability
88.27to pay state taxes was incurred.
88.28 Sec. 102. COLOCATION REPORT.
88.29The Management Analysis Division of the Department of Finance must study and
88.30report to the legislature by January 15, 2010, on possible colocation of the offices of the
88.31Council on Black Minnesotans, the Council on Affairs of Chicano/Latino People, the
88.32Council on Asian-Pacific Minnesotans, and the metropolitan area office of the Indian
88.33Affairs Council. The report must include analysis of potential cost savings, when those
89.1savings could be realized, and the effect of potential colocation on operations of the
89.2councils.
89.3EFFECTIVE DATE.This section is effective the day following final enactment.
89.4 Sec. 103. TRANSFER OF ASSETS, EMPLOYEES, EQUIPMENT, AND
89.5SUPPLIES.
89.6The existing funds, assets, employees, equipment, and supplies of the Land
89.7Management Information Center are transferred to the Minnesota Geospatial Information
89.8Office according to Minnesota Statutes, section 15.039.
89.9EFFECTIVE DATE.This section is effective the day following final enactment.
89.10 Sec. 104. TECHNOLOGY LEASE-PURCHASE AUTHORIZATION.
89.11 Subdivision 1. Lease-purchase agreements. The commissioner of finance shall
89.12enter into one or more lease-purchase agreements as defined in Minnesota Statutes, section
89.1316A.81, to finance the two projects in subdivisions 2 and 3.
89.14 Subd. 2. Replacement of state's accounting and procurement systems.
89.15Proceeds of lease-purchase agreements and the issuance and sale of related certificates
89.16of participation are appropriated to the commissioner of finance for development and
89.17implementation of a new statewide accounting and procurement system.
89.18 Subd. 3. Completion of integrated tax system. Proceeds of lease-purchase
89.19agreements and the issuance and sale of related certificates of participation are appropriated
89.20to the commissioner of revenue for completing the purchase and implementation of an
89.21integrated tax software package.
89.22EFFECTIVE DATE.This section is effective the day following final enactment.
89.23 Sec. 105. INFORMATION TECHNOLOGY STUDY.
89.24The chief information officer of the Office of Enterprise Technology, in consultation
89.25with heads of other executive agencies, must report to the chairs and ranking members
89.26of the senate and house of representatives committees on state government finance by
89.27January 15, 2010, on an interim basis and by July 1, 2010, on a plan to transfer from
89.28other state agencies to the Office of Enterprise Technology state employees whose work
89.29primarily relates to development, upgrading, replacement, help desk, problem resolution,
89.30or maintenance of state data centers, system software, data networks, servers, workstations
89.31and office systems. The report must include an estimate of the number of employees who
89.32would be transferred, an estimate of enterprise costs savings, an analysis of potential
90.1improvements in operations and agency-required service levels, a cost comparison of
90.2alternatives to the transfer plan including insourcing, shared services, outsourcing, and
90.3co-sourcing, and a proposed transition plan and schedule. State agencies must participate
90.4and provide information necessary for the Office of Enterprise Technology to comply
90.5with this section.
90.6 Sec. 106. ENTERPRISE REAL PROPERTY CONTRIBUTIONS.
90.7On or before June 1, 2009, the commissioner of administration shall determine the
90.8amount to be contributed by each executive agency to maintain the enterprise real property
90.9technology system for the fiscal year 2010 and fiscal year 2011 biennium. On or before
90.10June 15, 2009, each executive agency shall enter into an agreement with the commissioner
90.11of administration setting forth the manner in which the executive agency shall make its
90.12contribution to the enterprise real property system, either from uncommitted fiscal year
90.132009 funds or by contributing from fiscal year 2010 and fiscal year 2011 funds to the real
90.14property enterprise system and services account to fund the total amount of $399,000 for
90.15the biennium. Funds contributed under this section must be credited to the enterprise real
90.16property technology system and services account.
90.17EFFECTIVE DATE.This section is effective the day following final enactment.
90.18 Sec. 107. REVISOR'S INSTRUCTION.
90.19In the next edition of Minnesota Statutes and Minnesota Rules, the revisor of
90.20statutes shall substitute the term "Land Management Information Center" with the term
90.21"Minnesota Geospatial Information Office," wherever they appear in Minnesota Statutes
90.22and Minnesota Rules.
90.23EFFECTIVE DATE.This section is effective the day following final enactment.
90.24 Sec. 108. REVISOR'S INSTRUCTION.
90.25In the next edition of Minnesota Statutes, the revisor of statutes shall substitute the
90.26term "United States Information Agency" with the term "Office of Exchange Coordination
90.27and Designation, United States Department of State" wherever the term appears in
90.28Minnesota Statutes.
90.29 Sec. 109. REVISOR'S INSTRUCTION.
90.30The revisor of statutes shall change any reference to the commissioner of finance
90.31or the Department of Finance, or any derivation of those terms, to the commissioner of
90.32management and budget or the Department of Management and Budget wherever these
90.33terms appear in Minnesota Statutes or Minnesota Rules.
91.1 Sec. 110. REPEALER.
91.2(a) Minnesota Statutes 2008, sections 240A.08; and 471.9981, subdivision 1, are
91.3repealed.
91.4(b) Minnesota Statutes 2008, section 4A.05, is repealed the day following final
91.5enactment.
91.6(c) Minnesota Statutes 2008, section 16C.046, is repealed effective the day
91.7following certification by the commissioner of finance that a new statewide accounting
91.8and procurement system has been implemented.
91.9(d) If H.F. No. 1122 is enacted in the 2009 regular session, the sections of that bill
91.10amending Minnesota Statutes, sections 16C.16, by adding a subdivision; 16C.19; 16C.20;
91.11161.321; and 473.142, are repealed."
91.12Delete the title and insert:
91.14relating to government operations; modifying provisions for general legislative
91.15and administrative expenses of state government; regulating state and local
91.16government operations; improving state internal controls and financial
91.17management; changing strategic and long-range planning provisions; changing
91.18provisions for business registration renewals; instituting a false claims cause of
91.19action; requiring a Web site with a searchable database on state expenditures;
91.20modifying provisions for misappropriation of state funds; requiring a review
91.21of the budget reserve percentage; establishing technology development
91.22lease-purchase financing; creating the enterprise real property account;
91.23creating the geospatial information office; establishing a veteran-owned small
91.24business preference; establishing a statewide electronic licensing system;
91.25modifying donated sick leave provisions; establishing best practices policy for
91.26investigations; creating the management analysis revolving fund; changing
91.27provisions on small business contracts; changing provisions for corporation and
91.28partnership filings and renewals with the secretary of state; imposing civil and
91.29criminal penalties; establishing fees; requiring reports; appropriating money;
91.30amending Minnesota Statutes 2008, sections 3.303, subdivision 8; 3.732,
91.31subdivision 1; 3.97, by adding a subdivision; 3.971, subdivision 6; 3.975; 4A.01;
91.324A.02; 5.12, subdivision 1; 5.29; 5.32; 5A.03; 5A.06; 10A.31, subdivision 4;
91.3311A.07, subdivision 4; 13.64; 15.01; 15.06, subdivision 1; 15A.0815, subdivision
91.342; 16A.01, subdivision 1; 16A.055, subdivision 1, by adding a subdivision;
91.3516A.126, subdivision 1; 16A.133, subdivision 1; 16A.139; 16A.151, subdivision
91.362; 16A.152, by adding a subdivision; 16B.24, by adding a subdivision; 16C.16,
91.37by adding a subdivision; 16C.19; 16C.20; 31.60, subdivision 1; 43A.1815;
91.3843A.49; 45.24; 128C.15, subdivision 3; 144E.40, subdivision 2; 161.321;
91.39176.571, subdivision 1; 270C.63, subdivision 13; 302A.821; 303.14; 303.16,
91.40subdivision 4; 308A.995; 308B.121, subdivisions 1, 2; 317A.823; 321.0206;
91.41321.0210; 321.0810; 322B.960; 323A.1003; 333.055; 336A.04, subdivision 3;
91.42336A.09, subdivision 2; 359.01, subdivision 3; 383B.72; 469.175, subdivisions 1,
91.436; 471.345, subdivision 15; 473.142; 480.181, subdivision 2; Laws 2005, chapter
91.44162, section 34, subdivision 2; Laws 2006, chapter 218, section 6; proposing
91.45coding for new law in Minnesota Statutes, chapters 4A; 5; 10; 16A; 16B; 16E;
91.4643A; 270C; proposing coding for new law as Minnesota Statutes, chapter
91.4715C; repealing Minnesota Statutes 2008, sections 4A.05; 16C.046; 240A.08;
91.48471.9981, subdivision 1; H. F. 1122, article 3, sections 3, 4, 5, 8, 19, if enacted."
We request the adoption of this report and repassage of the bill.Senate Conferees: (Signed) Don Betzold, Ann H. Rest, Rick Olseen, Gary Kubly, Michael JungbauerHouse Conferees: (Signed) Phyllis Kahn, Ryan Winkler, Steve Simon, Loren Solberg, Keith Downey
1.3relating to government operations; modifying provisions for general legislative
1.4and administrative expenses of state government; regulating state and local
1.5government operations; establishing a statewide electronic licensing system;
1.6requiring reports; appropriating money;amending Minnesota Statutes 2008,
1.7sections 5.12, subdivision 1; 5.29; 5.32; 5A.03; 10A.31, subdivision 4; 16A.133,
1.8subdivision 1; 16B.24, subdivision 5; 43A.49; 45.24; 270C.63, subdivision 13;
1.9302A.821; 303.14; 303.16, subdivision 4; 308A.995; 308B.121, subdivisions 1,
1.102; 317A.823; 321.0206; 321.0210; 321.0810; 322B.960; 323A.1003; 333.055;
1.11336A.04, subdivision 3; 336A.09, subdivision 2; 359.01, subdivision 3; 469.175,
1.12subdivisions 1, 6; proposing coding for new law in Minnesota Statutes, chapters
1.135; 16E; repealing Minnesota Statutes 2008, section 240A.08.
1.14May 13, 2009
1.15The Honorable James P. Metzen
1.16President of the Senate
1.17The Honorable Margaret Anderson Kelliher
1.18Speaker of the House of Representatives
1.19We, the undersigned conferees for S.F. No. 2082 report that we have agreed upon
1.20the items in dispute and recommend as follows:
1.21That the House recede from its amendments and that S.F. No. 2082 be further
1.22amended as follows:
1.23Delete everything after the enacting clause and insert:
| 1.26 |
Section 1. SUMMARY OF APPROPRIATIONS. |
||||||
1.28in this article.
| 2.12 |
Sec. 2. STATE GOVERNMENT APPROPRIATIONS. |
||||||
2.14agencies and for the purposes specified in this article. The appropriations are from the
2.15general fund, or another named fund, and are available for the fiscal years indicated
2.16for each purpose. The figures "2010" and "2011" used in this article mean that the
2.17appropriations listed under them are available for the fiscal year ending June 30, 2010, or
2.18June 30, 2011, respectively. "The first year" is fiscal year 2010. "The second year" is fiscal
2.19year 2011. "The biennium" is fiscal years 2010 and 2011.
| 2.20 |
APPROPRIATIONS |
||||||
| 2.21 |
Available for the Year |
||||||
| 2.22 |
Ending June 30 |
||||||
| 2.23 |
2010 |
2011 |
|||||
| 2.24 |
Sec. 3. LEGISLATURE |
$ |
67,811,000 |
$ |
67,785,000 |
||
| 2.25 |
Subdivision 1.Total Appropriation |
$ |
67,811,000 |
$ |
67,785,000 |
||
| 2.26 |
Appropriations by Fund |
||
| 2.27 |
2010 |
2011 |
|
| 2.28 |
General |
67,633,000 |
67,607,000 |
| 2.29 |
Health Care Access |
178,000 |
178,000 |
3.2purpose are specified in the following
3.3subdivisions.
| 3.4 |
Subd. 2.Senate |
22,269,000 |
22,269,000 |
||||
| 3.5 |
Subd. 3.House of Representatives |
29,940,000 |
29,940,000 |
||||
| 3.6 |
Subd. 4.Legislative Coordinating Commission |
15,602,000 |
15,576,000 |
||||
| 3.7 |
Appropriations by Fund |
||
| 3.8 |
General |
15,424,000 |
15,398,000 |
| 3.9 |
Health Care Access |
178,000 |
178,000 |
3.11the second year are for the Office of the
3.12Revisor of Statutes.
3.13(b) $1,379,000 the first year and $1,379,000
3.14the second year are for the Legislative
3.15Reference Library.
3.16(c) $5,833,000 the first year and $5,833,000
3.17the second year are for the Office of the
3.18Legislative Auditor.
3.19(d) $10,000 the first year is for purposes
3.20of the legislators' forum, through which
3.21Minnesota legislators meet with counterparts
3.22from South Dakota, North Dakota, and
3.23Manitoba to discuss issues of mutual
3.24concern. This appropriation is available until
3.25June 30, 2011.
| 3.26 3.27 |
Sec. 4. GOVERNOR AND LIEUTENANT GOVERNOR |
$ |
3,590,000 |
$ |
3,590,000 |
||
3.29of the Governor and Lieutenant Governor.
3.30$19,000 the first year and $19,000 the
3.31second year are for necessary expenses in
4.1the normal performance of the governor's
4.2and lieutenant governor's duties for which no
4.3other reimbursement is provided.
4.4(b) By September 1 of each year, the
4.5commissioner of finance shall report to the
4.6chairs and ranking minority members of the
4.7senate State Government Budget Division
4.8and the house of representatives State
4.9Government Finance Division any personnel
4.10costs incurred by the Office of the Governor
4.11and Lieutenant Governor that were supported
4.12by appropriations to other agencies during
4.13the previous fiscal year. The Office of the
4.14Governor shall inform the chairs and ranking
4.15minority members of the divisions before
4.16initiating any interagency agreements.
4.17(c) During the biennium ending June 30,
4.182011, the Office of the Governor may not
4.19receive payments of more than $702,000
4.20each fiscal year from other executive
4.21agencies under Minnesota Statutes, section
4.2215.53, to support personnel costs incurred
4.23by the office. Payments received under this
4.24paragraph must be deposited in a special
4.25revenue account. Money in the account is
4.26appropriated to the Office of the Governor.
4.27The authority in this paragraph supersedes
4.28other law enacted in 2009 that limits the
4.29ability of the office to enter into agreements
4.30relating to personnel costs with other
4.31executive branch agencies or prevents the use
4.32of appropriations made to other agencies for
4.33agreements with the office under Minnesota
4.34Statutes, section 15.53.
| 4.35 |
Sec. 5. STATE AUDITOR |
$ |
9,858,000 |
$ |
9,178,000 |
||
5.2activities under the American Recovery
5.3and Reinvestment Act of 2009. This
5.4appropriation remains available through June
5.530, 2011.
5.6$1,000,000 of the balance in the tax
5.7increment financing enforcement account
5.8established in Minnesota Statutes, section
5.9469.177, subdivision 11, is canceled to the
5.10general fund on July 1, 2009. This is a
5.11onetime cancellation.
| 5.12 |
Sec. 6. ATTORNEY GENERAL |
$ |
25,380,000 |
$ |
25,380,000 |
||
| 5.20 |
Sec. 7. SECRETARY OF STATE |
$ |
5,910,000 |
$ |
5,909,000 |
||
5.22established in Minnesota Statutes, section
5.235.30, pursuant to the Help America Vote Act,
5.24are appropriated for the purposes and uses
5.25authorized by federal law.
| 5.26 5.27 |
Sec. 8. CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD |
$ |
748,000 |
$ |
748,000 |
||
| 5.28 |
Sec. 9. INVESTMENT BOARD |
$ |
151,000 |
$ |
151,000 |
||
| 6.1 6.2 |
Sec. 10. OFFICE OF ENTERPRISE TECHNOLOGY |
$ |
5,758,000 |
$ |
5,758,000 |
||
6.4second year are for information technology
6.5security. The chief information officer,
6.6in consultation with the commissioner of
6.7finance, shall develop a cost recovery plan
6.8for the 2012-2013 biennium to bill certain
6.9state agencies, constitutional officers, and
6.10other state and local government entities for
6.11the cost of information technology security.
6.12By March 15, 2010, the chief information
6.13officer shall report the plan and the potential
6.14for rates to be charged to agencies to the
6.15chairs and ranking minority members of
6.16the legislative committee divisions with
6.17jurisdiction over the budget for the office.
6.18The requirements imposed on the
6.19commissioner of finance and the chief
6.20information officer under Laws 2007, chapter
6.21148, article 1, section 10, paragraph (e),
6.22regarding the determination of the savings
6.23attributable to the electronic licensing
6.24system and information technology security
6.25improvements are inoperative.
| 6.26 |
Sec. 11. ADMINISTRATIVE HEARINGS |
$ |
7,655,000 |
$ |
7,525,000 |
||
| 6.27 |
Appropriations by Fund |
||
| 6.28 |
2010 |
2011 |
|
| 6.29 |
General |
405,000 |
275,000 |
| 6.30 6.31 |
Workers' Compensation |
7,250,000 |
7,250,000 |
7.2of considering complaints filed under
7.3Minnesota Statutes, section 211B.32. Until
7.4June 30, 2011, the chief administrative
7.5law judge may not make any assessment
7.6against a county or counties under Minnesota
7.7Statutes, section 211B.37. Any amount of
7.8this appropriation that remains unspent at
7.9the end of the biennium must be canceled
7.10to the general account of the state elections
7.11campaign fund. The base for fiscal year 2012
7.12is $130,000, to be available for the biennium,
7.13under the same terms.
| 7.14 |
Sec. 12. ADMINISTRATION |
||||||
| 7.15 |
Subdivision 1.Total Appropriation |
$ |
19,973,000 |
$ |
19,617,000 |
||
| 7.16 |
Appropriations by Fund |
||
| 7.17 |
2010 |
2011 |
|
| 7.18 |
General |
19,723,000 |
19,617,000 |
| 7.19 7.20 |
Special Revenue Fund |
250,000 |
0 |
7.22purpose are specified in the following
7.23subdivisions.
| 7.24 |
Subd. 2.Government and Citizen Services |
18,097,000 |
17,766,000 |
||||
| 7.25 |
Appropriations by Fund |
||
| 7.26 |
General |
17,847,000 |
17,766,000 |
| 7.27 7.28 |
Special Revenue Fund |
250,000 |
0 |
7.30the second year are for the Minnesota
7.31Geospatial Information Office. Of the total
8.1appropriation, $10,000 per year is intended
8.2for preparation of township acreage data in
8.3Laws 2008, chapter 366, article 17, section
8.47, subdivision 3.
8.5(b) $74,000 the first year and $74,000
8.6the second year are for the Council on
8.7Developmental Disabilities.
8.8(c) $127,000 the first year and $127,000
8.9the second year are for transfer to the
8.10commissioner of human services for a grant
8.11to the Council on Developmental Disabilities
8.12for the purpose of establishing a statewide
8.13self-advocacy network for persons with
8.14intellectual and developmental disabilities
8.15(ID/DD). The self-advocacy network shall:
8.16(1) ensure that persons with ID/DD are
8.17informed of their rights in employment,
8.18housing, transportation, voting, government
8.19policy, and other issues pertinent to the
8.20ID/DD community; (2) provide public
8.21education and awareness of the civil and
8.22human rights issues persons with ID/DD
8.23face; (3) provide funds, technical assistance,
8.24and other resources for self-advocacy groups
8.25across the state; and (4) organize systems of
8.26communications to facilitate an exchange of
8.27information between self-advocacy groups.
8.28This appropriation must be included in the
8.29base budget for the commissioner of human
8.30services for the biennium beginning July 1,
8.312011.
8.32(d) $250,000 the first year and $170,000 the
8.33second year are to fund activities to prepare
8.34for and promote the 2010 census.
9.1(e) $206,000 the first year and $206,000 the
9.2second year are for the Office of the State
9.3Archaeologist.
9.4(f) $8,388,000 the first year and $8,388,000
9.5the second year are for office space costs of
9.6the legislature and veterans organizations,
9.7for ceremonial space, and for statutorily free
9.8space.
9.9(g) $3,500,000 of the balance in the facilities
9.10repair and replacement account in the special
9.11revenue fund is canceled to the general
9.12fund on July 1, 2009. This is a onetime
9.13cancellation.
9.14(h) The requirements imposed on
9.15the commissioner of finance and the
9.16commissioner of administration under
9.17Laws 2007, chapter 148, article 1, section
9.1812, subdivision 2, paragraph (b), relating
9.19to the savings attributable to the real
9.20property portfolio management system are
9.21inoperative.
9.22(i) $250,000 is appropriated to the
9.23commissioner of administration from the
9.24information and telecommunications account
9.25in the special revenue fund to continue
9.26planning for data center consolidation,
9.27including beginning a predesign study
9.28and lifecycle cost analysis, and exploring
9.29technologies to reduce energy consumption
9.30and operating costs.
| 9.31 |
Subd. 3.Administrative Management Support |
1,876,000 |
1,851,000 |
||||
9.33Grant Management. During the biennium
9.34ending June 30, 2011, the commissioner
10.1must recover this amount through deductions
10.2in state grants subject to the jurisdiction
10.3of the office. The commissioner may not
10.4deduct more than 2.5 percent from the
10.5amount of any grant. The amount deducted
10.6from appropriations for these grants must be
10.7deposited in the general fund.
10.8$25,000 the first year is for the Office
10.9of Grants Management to study and
10.10make recommendations on improving
10.11collaborative activities between the state,
10.12nonprofit entities, and the private sector,
10.13including: (1) recommendations for
10.14expanding successful initiatives involving
10.15not-for-profit organizations that have
10.16demonstrated measurable, positive results
10.17in addressing high-priority community
10.18issues; and (2) recommendations on grant
10.19requirements and design to encourage
10.20programs receiving grants to become
10.21self-sufficient. The office may appoint an
10.22advisory group to assist in the study and
10.23recommendations. The office must report
10.24its recommendations to the legislature by
10.25January 15, 2010.
| 10.26 10.27 10.28 |
Sec. 13. CAPITOL AREA ARCHITECTURAL AND PLANNING BOARD |
$ |
354,000 |
$ |
354,000 |
||
| 10.29 |
Sec. 14. FINANCE |
$ |
20,718,000 |
$ |
20,218,000 |
||
10.31reporting of federal funds received under the
10.32American Recovery and Reinvestment Act
10.33of 2009. This appropriation is available until
10.34June 30, 2011.
| 11.1 |
Sec. 15. REVENUE |
||||||
| 11.2 |
Subdivision 1.Total Appropriation |
$ |
128,756,000 |
$ |
132,172,000 |
||
11.11purpose are specified in subdivisions 2 and 3.
| 11.12 |
Subd. 2.Tax System Management |
104,259,000 |
106,816,000 |
||||
11.20commissioners of finance and revenue under
11.21Laws 2007, chapter 148, article 1, section
11.2216, subdivision 2, paragraph (d), relating to
11.23the determination of savings attributable to
11.24implementing the integrated tax software
11.25package are inoperative.
11.26(a) $2,656,000 the first year and $5,225,000
11.27the second year are for additional activities
11.28to identify and collect tax liabilities from
11.29individuals and businesses that currently
11.30do not pay all taxes owed. This initiative
12.1is expected to result in new general fund
12.2revenues of $20,810,000 for the biennium
12.3ending June 30, 2011.
12.4(b) The department must report to the chairs
12.5of the house of representatives Ways and
12.6Means and senate Finance Committees by
12.7March 1, 2010, and January 15, 2011, on the
12.8following performance indicators:
12.9(1) the number of corporations noncompliant
12.10with the corporate tax system each year and
12.11the percentage and dollar amounts of valid
12.12tax liabilities collected;
12.13(2) the number of businesses noncompliant
12.14with the sales and use tax system and the
12.15percentage and dollar amount of the valid tax
12.16liabilities collected; and
12.17(3) the number of individual noncompliant
12.18cases resolved and the percentage and dollar
12.19amounts of valid tax liabilities collected.
| 12.20 |
Subd. 3.Debt Collection Management |
24,497,000 |
25,356,000 |
||||
12.22second year are for additional activities
12.23to identify and collect tax liabilities from
12.24individuals and businesses that currently
12.25do not pay all taxes owed. This initiative
12.26is expected to result in new general fund
12.27revenues of $20,700,000 for the biennium
12.28ending June 30, 2011.
| 12.29 |
Sec. 16. GAMBLING CONTROL |
$ |
2,940,000 |
$ |
2,940,000 |
||
12.31gambling regulation account in the special
12.32revenue fund.
| 13.1 |
Sec. 17. RACING COMMISSION |
$ |
899,000 |
$ |
899,000 |
||
13.3and card playing regulation accounts in the
13.4special revenue fund.
| 13.5 |
Sec. 18. STATE LOTTERY |
||||||
13.7
13.8must not exceed $28,111,000 in fiscal year
13.92010 and $28,740,000 in fiscal year 2011.
| 13.10 |
Sec. 19. TORT CLAIMS |
$ |
161,000 |
$ |
161,000 |
||
13.12the commissioner of finance according
13.13to Minnesota Statutes, section 3.736,
13.14subdivision 7. If the appropriation for either
13.15year is insufficient, the appropriation for the
13.16other year is available for it.
| 13.17 13.18 |
Sec. 20. MINNESOTA STATE RETIREMENT SYSTEM |
||||||
| 13.19 |
Subdivision 1.Total Appropriation |
$ |
2,346,000 |
$ |
2,405,000 |
||
13.21purpose are specified in the following
13.22subdivisions.
| 13.23 |
Subd. 2.Legislators |
1,889,000 |
1,937,000 |
||||
13.25subdivision 2;
13.26and
| 13.27 |
Subd. 3. Constitutional Officers |
457,000 |
468,000 |
||||
14.1If an appropriation in this section for either
14.2year is insufficient, the appropriation for the
14.3other year is available for it.
| 14.4 14.5 |
Sec. 21. MINNEAPOLIS EMPLOYEES RETIREMENT FUND |
$ |
9,000,000 |
$ |
9,000,000 |
||
14.7under Minnesota Statutes, section 422A.101,
14.8subdivision 3.
| 14.9 14.10 |
Sec. 22. TEACHERS RETIREMENT ASSOCIATION |
$ |
15,454,000 |
$ |
15,454,000 |
||
14.12follows:
14.13(a) Special direct state aid. $12,954,000 the
14.14first year and $12,954,000 the second year
14.15are for special direct state aid authorized
14.16under Minnesota Statutes, section 354A.12,
14.17subdivisions 3a and 3c.
14.18(b) Special direct state matching aid.
14.19$2,500,000 the first year and $2,500,000
14.20the second year are for special direct state
14.21matching aid authorized under Minnesota
14.22Statutes, section 354A.12, subdivision 3b.
| 14.23 14.24 |
Sec. 23. ST. PAUL TEACHERS RETIREMENT FUND |
$ |
2,827,000 |
$ |
2,827,000 |
||
14.26special direct state aid to first class city
14.27teachers retirement funds authorized under
14.28Minnesota Statutes, section
14.29subdivisions 3a and 3c.
| 14.30 14.31 |
Sec. 24. DULUTH TEACHERS RETIREMENT FUND |
$ |
346,000 |
$ |
346,000 |
||
15.2special direct state aid to first class city
15.3teachers retirement funds authorized under
15.4Minnesota Statutes, section
15.5subdivisions 3a and 3c.
| 15.6 |
Sec. 25. AMATEUR SPORTS COMMISSION |
$ |
270,000 |
$ |
270,000 |
||
15.8the commission under Laws 2005, chapter
15.9156, article 2, section 43, is reduced in the
15.10first year and the second year by the amounts
15.11appropriated in this section.
| 15.12 15.13 |
Sec. 26. COUNCIL ON BLACK MINNESOTANS |
$ |
316,000 |
$ |
316,000 |
||
| 15.14 15.15 |
Sec. 27. COUNCIL ON CHICANO/LATINO AFFAIRS |
$ |
298,000 |
$ |
298,000 |
||
| 15.16 15.17 |
Sec. 28. COUNCIL ON ASIAN-PACIFIC MINNESOTANS |
$ |
275,000 |
$ |
275,000 |
||
| 15.18 |
Sec. 29. INDIAN AFFAIRS COUNCIL |
$ |
500,000 |
$ |
500,000 |
||
15.20council relating to Indian burial sites,
15.21including activities relating to unfunded
15.22federal mandates.
| 15.23 15.24 |
Sec. 30. GENERAL CONTINGENT ACCOUNTS |
$ |
1,750,000 |
$ |
500,000 |
||
| 15.25 |
Appropriations by Fund |
||
| 15.26 |
2010 |
2011 |
|
| 15.27 |
General |
1,250,000 |
0 |
| 16.1 16.2 |
State Government Special Revenue |
400,000 |
400,000 |
| 16.3 16.4 |
Workers' Compensation |
100,000 |
100,000 |
16.6may only be spent with the approval of
16.7the governor after consultation with the
16.8Legislative Advisory Commission pursuant
16.9to Minnesota Statutes, section 3.30.
16.10(b) Of the appropriation to the general fund
16.11contingent account, $750,000 is a onetime
16.12appropriation for potential state matching
16.13requirements needed to maximize receipt of
16.14federal funds under the American Recovery
16.15and Reinvestment Act of 2009.
16.16(c) If an appropriation in this section for
16.17either year is insufficient, the appropriation
16.18for the other year is available for it.
16.19(d) If a contingent account appropriation
16.20is made in one fiscal year, it should be
16.21considered a biennial appropriation.
16.22 Sec. 31. PROBLEM GAMBLING APPROPRIATION.
16.23 $225,000 in fiscal year 2010 and $225,000 in fiscal year 2011 are appropriated from
16.24the lottery prize fund to the Gambling Control Board for a grant to the state affiliate
16.25recognized by the National Council on Problem Gambling. The affiliate must provide
16.26services to increase public awareness of problem gambling, education and training for
16.27individuals and organizations providing effective treatment services to problem gamblers
16.28and their families, and research relating to problem gambling. These services must be
16.29complimentary to and not duplicative of the services provided through the problem
16.30gambling program administered by the commissioner of human services. Of this
16.31appropriation, $50,000 in fiscal year 2010 and $50,000 in fiscal year 2011 are contingent
16.32on the contribution of nonstate matching funds. Matching funds may be either cash or
16.33qualifying in-kind contributions. The commissioner of finance may disburse the state
17.1portion of the matching funds in increments of $25,000 upon receipt of a commitment for
17.2an equal amount of matching nonstate funds. These are onetime appropriations.
17.3 Sec. 32. INDIRECT COST RECOVERY.
17.4To the extent that the federal government allows statewide indirect cost
17.5recovery against money received under the American Recovery and Reinvestment
17.6Act (ARRA), money recovered for the central administration, financial oversight,
17.7or public accountability of federal stimulus money in excess of any direct general
17.8fund appropriations made for these purposes is appropriated to the commissioner of
17.9finance. Money received under this section must be spent before any other general fund
17.10appropriations for ARRA activities. The commissioner of finance must reduce the unspent
17.11amount of general fund appropriations for federal stimulus money reporting and oversight
17.12activities by an amount equivalent to the money recovered under this section, up to the
17.13total amount of the unspent general fund appropriations.
17.16 Section 1. Minnesota Statutes 2008, section 3.303, subdivision 8, is amended to read:
17.17 Subd. 8. Ethnic heritage and new Americans. The commission shall undertake
17.18activities it determines are necessary to assist state government to foster an understanding
17.19and appreciation of ethnic and cultural diversity in Minnesota, to identify underutilized
17.20resources within the immigrant community, and to facilitate the full participation of
17.21immigrants in social, cultural, and political life in this state. The commission may
17.22appoint a working group under section
17.23these duties. A working group under this subdivision may include legislators and public
17.24members. The commission may provide compensation for public members as provided
17.25in section
17.26collaborate with the councils established in sections
17.27subdivision expires June 30,
17.28EFFECTIVE DATE.This section is effective the day following final enactment.
17.29 Sec. 2. Minnesota Statutes 2008, section 3.732, subdivision 1, is amended to read:
17.30 Subdivision 1. Definitions. As used in this section and section
17.31defined in this section have the meanings given them.
17.32 (1) "State" includes each of the departments, boards, agencies, commissions, courts,
17.33and officers in the executive, legislative, and judicial branches of the state of Minnesota
18.1and includes but is not limited to the Housing Finance Agency, the Minnesota Office of
18.2Higher Education, the Higher Education Facilities Authority, the Health Technology
18.3Advisory Committee, the Armory Building Commission, the Zoological Board, the Iron
18.4Range Resources and Rehabilitation Board, the State Agricultural Society, the University
18.5of Minnesota, the Minnesota State Colleges and Universities, state hospitals, and state
18.6penal institutions. It does not include a city, town, county, school district, or other local
18.7governmental body corporate and politic.
18.8 (2) "Employee of the state" means all present or former officers, members, directors,
18.9or employees of the state, members of the Minnesota National Guard, members of a
18.10bomb disposal unit approved by the commissioner of public safety and employed by a
18.11municipality defined in section
18.12bombs or other similar hazardous explosives, as defined in section
18.13jurisdiction of the municipality but within the state, or persons acting on behalf of the state
18.14in an official capacity, temporarily or permanently, with or without compensation. It does
18.15not include either an independent contractor except, for purposes of this section and
18.16section
18.17Minnesota National Guard while engaged in training or duty under United States Code,
18.18title 10, or title 32, section 316, 502, 503, 504, or 505, as amended through December
18.1931, 1983. Notwithstanding sections
18.20section
18.21district public defender in the Second or Fourth Judicial District,
18.22Health Technology Advisory Committee, and any officer, agent, or employee of the state
18.23of Wisconsin performing work for the state of Minnesota pursuant to a joint state initiative.
18.24 (3) "Scope of office or employment" means that the employee was acting on behalf
18.25of the state in the performance of duties or tasks lawfully assigned by competent authority.
18.26 (4) "Judicial branch" has the meaning given in section
18.27 Sec. 3. Minnesota Statutes 2008, section 3.97, is amended by adding a subdivision to
18.28read:
18.29 Subd. 3b. Review of financial management and internal controls. The
18.30commission shall review legislative auditor reports and make recommendations, as the
18.31commission determines necessary, for improvements in the state's system of internal
18.32controls and financial management.
18.33 Sec. 4. Minnesota Statutes 2008, section 3.971, subdivision 6, is amended to read:
19.1 Subd. 6. Financial audits. The legislative auditor shall audit the financial
19.2statements of the state of Minnesota required by section
19.3shall audit Minnesota State Colleges and Universities, the University of Minnesota, state
19.4agencies, departments, boards, commissions, courts, and other state organizations subject
19.5to audit by the legislative auditor, including the State Agricultural Society, Agricultural
19.6Utilization Research Institute, Enterprise Minnesota, Inc., Minnesota Historical
19.7Society, Labor Interpretive Center, Minnesota Partnership for Action Against Tobacco,
19.8Metropolitan Sports Facilities Commission, Metropolitan Airports Commission, and
19.9Metropolitan Mosquito Control District. Financial audits must be conducted according to
19.10generally accepted government auditing standards. The legislative auditor shall see that
19.11all provisions of law respecting the appropriate and economic use of public funds are
19.12complied with and may, as part of a financial audit or separately, investigate allegations of
19.13noncompliance
19.14
19.15 Sec. 5. Minnesota Statutes 2008, section 3.975, is amended to read:
19.163.975 DUTIES CONCERNING MISUSE OF PUBLIC MONEY OR OTHER
19.17RESOURCES.
19.18If a legislative auditor's examination discloses that a state official or employee has
19.19used money for a purpose other than the purpose for which the money was appropriated
19.20or discloses any other misuse of public money or other public resources, the legislative
19.21auditor shall file a report with the Legislative Audit Commission, the attorney general, and
19.22the appropriate county attorney. The attorney general shall seek recovery of money and
19.23other resources as the evidence may warrant. The county attorney shall cause criminal
19.24proceedings to be instituted as the evidence may warrant.
19.25EFFECTIVE DATE.This section is effective the day following final enactment.
19.26 Sec. 6. Minnesota Statutes 2008, section 4A.01, is amended to read:
19.274A.01
19.28 Subdivision 1. Duties.
19.29
19.30planning officer and is responsible for the coordination, development, assessment, and
19.31communication of information, performance measures, planning, and policy concerning
19.32the state's future. The commissioner may contract with another agency for the provision of
19.33administrative services.
20.1 Subd. 2. Long-range plan. By September 15, 2010, and every five years thereafter,
20.2the
20.3long-range plan for the state based upon the plans and strategies of state agencies,
20.4public advice about the future, and other information developed under this chapter. The
20.5
20.6stimulate public interest and participation in the future of the state.
20.7The
20.8affected state agencies, and the legislature in the planning and financing of major public
20.9programs.
20.10 Subd. 3. Report. The commissioner must submit a report to the governor and chairs
20.11and ranking minority members of the senate and house of representatives committees
20.12with jurisdiction on state government finance by January 15 of each year that provides
20.13economic, social, and environmental demographic information to assist public and elected
20.14officials with long-term management decisions. The report must identify and assess
20.15the information important to understanding the state's two-, ten-, and 50-year outlook,
20.16including the budget implications for those time periods. The report must include the
20.17demographic forecast required by section 4A.02, paragraph (e), and information to assist
20.18with the preparation of the milestones report required by section 4A.11, and may include
20.19policy recommendations based upon the information and assessment provided.
20.20 Sec. 7. Minnesota Statutes 2008, section 4A.02, is amended to read:
20.214A.02 STATE DEMOGRAPHER.
20.22(a) The
20.23must be professionally competent in demography and must possess demonstrated ability
20.24based upon past performance.
20.25(b) The demographer shall:
20.26(1) continuously gather and develop demographic data relevant to the state;
20.27(2) design and test methods of research and data collection;
20.28(3) periodically prepare population projections for the state and designated regions
20.29and periodically prepare projections for each county or other political subdivision of the
20.30state as necessary to carry out the purposes of this section;
20.31(4) review, comment on, and prepare analysis of population estimates and
20.32projections made by state agencies, political subdivisions, other states, federal agencies, or
20.33nongovernmental persons, institutions, or commissions;
21.1(5) serve as the state liaison with the United States Bureau of the Census, coordinate
21.2state and federal demographic activities to the fullest extent possible, and aid the
21.3legislature in preparing a census data plan and form for each decennial census;
21.4(6) compile an annual study of population estimates on the basis of county, regional,
21.5or other political or geographical subdivisions as necessary to carry out the purposes of
21.6this section and section
21.7(7) by January 1 of each year, issue a report to the legislature containing an analysis
21.8of the demographic implications of the annual population study and population projections;
21.9(8) prepare maps for all counties in the state, all municipalities with a population
21.10of 10,000 or more, and other municipalities as needed for census purposes, according to
21.11scale and detail recommended by the United States Bureau of the Census, with the maps
21.12of cities showing precinct boundaries;
21.13(9) prepare an estimate of population and of the number of households for each
21.14governmental subdivision for which the Metropolitan Council does not prepare an annual
21.15estimate, and convey the estimates to the governing body of each political subdivision
21.16by June 1 of each year;
21.17(10) direct, under section
21.18household estimates of annexed or detached areas of municipalities or towns after being
21.19notified of the order or letter of approval by the chief administrative law judge of the
21.20State Office of Administrative Hearings;
21.21(11) prepare, for any purpose for which a population estimate is required by law
21.22or needed to implement a law, a population estimate of a municipality or town whose
21.23population is affected by action under section
21.24(12) prepare an estimate of average household size for each statutory or home rule
21.25charter city with a population of 2,500 or more by June 1 of each year.
21.26(c) A governing body may challenge an estimate made under paragraph (b) by filing
21.27their specific objections in writing with the state demographer by June 24. If the challenge
21.28does not result in an acceptable estimate, the governing body may have a special census
21.29conducted by the United States Bureau of the Census. The political subdivision must
21.30notify the state demographer by July 1 of its intent to have the special census conducted.
21.31The political subdivision must bear all costs of the special census. Results of the special
21.32census must be received by the state demographer by the next April 15 to be used in that
21.33year's June 1 estimate to the political subdivision under paragraph (b).
21.34(d) The state demographer shall certify the estimates of population and household
21.35size to the commissioner of revenue by July 15 each year, including any estimates still
21.36under objection.
22.1(e) The state demographer shall release a demographic forecast in conjunction with
22.2the commissioner of finance and the November state economic forecast.
22.3(f) The state demographer may contract for the development of data and research
22.4required under this chapter, including, but not limited to, population estimates and
22.5projections, the preparation of maps, and other estimates.
22.6EFFECTIVE DATE.Paragraph (e) is effective November 1, 2010.
22.7 Sec. 8. [4A.11] MILESTONES REPORT.
22.8The commissioner must review the statewide system of economic, social, and
22.9environmental performance measures in use under section 16A.10, subdivision 1c, and
22.10known as Minnesota milestones. The commissioner must provide the economic, social,
22.11and environmental information necessary to assist public and elected officials with
22.12understanding and evaluating Minnesota milestones. The commissioner must report on
22.13the trends and their implications for Minnesota milestones each year and provide the
22.14commissioner of finance with recommendations for the use of Minnesota milestones in
22.15budget documents. The commissioner may contract for the development of information
22.16and measures.
22.17 Sec. 9. [5.001] DEFINITIONS.
22.18 Subdivision 1. Applicability. As used in this chapter, the terms defined in this
22.19section have the meanings given them.
22.20 Subd. 2. Business entity. "Business entity" means an organization that is formed
22.21under chapters 300, 301, 302A, 303, 308, 308A, 308B, 315, 317, 317A, 318, 319, 319A,
22.22321, 322A, 322B, 323, or 323A and that has filed documents with the secretary of state.
22.23 Subd. 3. Business entity filings. "Business entity filings" means any filing from a
22.24business entity and also includes filings made under chapter 333.
22.25 Subd. 4. Bulk data. "Bulk data" means data that has commercial value and is a
22.26substantial or discrete portion of or an entire formula, pattern, compilation, program,
22.27device, method, technique, process, database, or system.
22.28 Sec. 10. [5.002] E-MAIL ADDRESSES.
22.29(a) The secretary of state is authorized to provide a field on each of the forms and on
22.30each online entry screen, used to file business entity filings, Uniform Commercial Code
22.31records, and central notification system filings, for the collection of an e-mail address to
22.32which the secretary of state can forward official notices required by law and other notices
22.33to the business entity, assumed name, or the person filing the uniform commercial code or
23.1central notification system record. The e-mail address may be updated by or on behalf of
23.2the business entity by sending a notification of the change to the secretary of state. No fee
23.3shall be charged for an e-mail address update.
23.4(b) Except as provided in paragraph (c), the business entity, holder of assumed
23.5name, or other person providing the e-mail address under this section may indicate on
23.6the screen that they do not wish the e-mail address provided under this section to be
23.7provided as bulk data.
23.8(c) If the e-mail address in paragraph (b) is provided as a portion of a digitally
23.9scanned image, the e-mail address on that image is public.
23.10EFFECTIVE DATE.This section is effective 30 days after the secretary of state
23.11certifies that the information systems of the Office of the Secretary of State have been
23.12modified to implement this section.
23.13 Sec. 11. Minnesota Statutes 2008, section 5.12, subdivision 1, is amended to read:
23.14 Subdivision 1. Fees. The secretary of state shall charge a fee of $5 for each
23.15certificate or certification of a copy or electronically transmitted image of any document
23.16filed in the Office of the Secretary of State. The secretary of state shall charge a fee of
23.17$3 for a copy or electronically transmitted image of an original
23.18
23.19secretary of state shall charge a fee of $3 for a copy or electronically transmitted image of
23.20
23.21
23.22of
23.23
23.24time of filing, the secretary of state may provide at the public counter, without charge, a
23.25copy of a filing, ten or fewer pages in length, to the person making the filing.
23.26EFFECTIVE DATE.This section is effective 30 days after the secretary of state
23.27certifies that the information systems of the Office of the Secretary of State have been
23.28modified to implement this section.
23.29 Sec. 12. Minnesota Statutes 2008, section 5.29, is amended to read:
23.305.29
23.31
23.32
23.33changes its name or office address
23.34
24.1
24.2
24.3
24.4transaction, and a separate filing fee charged. The aggregate fee for a filing under this
24.5paragraph shall not exceed $35,000.
24.6(b) When a secured party wishes to file an amendment to a financing statement
24.7making a change in secured party or debtor name and address information, each
24.8amendment must be filed online as a separate transaction and a separate filing fee charged.
24.9EFFECTIVE DATE.This section is effective 30 days after the secretary of state
24.10certifies that the information systems of the Office of the Secretary of State have been
24.11modified to implement this section.
24.12 Sec. 13. Minnesota Statutes 2008, section 5.32, is amended to read:
24.135.32 TEMPORARY TECHNOLOGY SURCHARGE.
24.14 Subdivision 1. Surcharge. For fiscal years 2008
24.15following technology surcharges are imposed on the filing fees required under the
24.16following statutes:
24.17 (1) $25 for articles of incorporation filed under section
24.18 (2) $25 for articles of organization filed under section
24.19 (3) $25 for applications for certificates of authority to transact business in Minnesota
24.20filed under section
24.21 (4) $20 for annual reports filed by non-Minnesota corporations under section
24.23 (5) $50 for reinstatements to authority to transact business in Minnesota filed under
24.24section
24.25 Subd. 2. Deposit. The surcharges listed in subdivision 1 shall be deposited into the
24.26uniform commercial code account.
24.27 Subd. 3. Expiration. This section expires June 30,
24.28EFFECTIVE DATE.This section is effective the day following final enactment.
24.29 Sec. 14. [5.34] ANNUAL RENEWAL FILINGS.
24.30Any business registered with the secretary of state required to file an annual renewal
24.31in order to maintain its active status, good standing, or existence under Minnesota Statutes
24.32shall file that renewal, whether online or otherwise, in a format that states:
24.33(1) the name in Minnesota of the organization for which the renewal is filed;
25.1(2) the name of the organization in the jurisdiction in which it is organized, if
25.2different;
25.3(3) the address of the registered office or designated office and the name of the
25.4registered agent of the organization for service of process, if any;
25.5(4) the jurisdiction in which the organization is organized, if that jurisdiction is
25.6not Minnesota;
25.7(5) the name and business address of the officer or other person exercising the
25.8principal functions of the president of a nonprofit corporation, manager of a limited
25.9liability company, or chief executive officer of a corporation or cooperative;
25.10(6) the address of the principal executive office of a domestic business corporation
25.11or of a limited liability company or the principal place of business of a cooperative, if
25.12different from the registered office address;
25.13(7) the address of the designated office and the name, street, and mailing address of
25.14the agent for service of process in Minnesota of a limited partnership or foreign limited
25.15partnership;
25.16(8) the street and mailing address of the principal office of a limited partnership;
25.17(9) the street and mailing address of the chief executive office of a partnership and, if
25.18different, the street address of an office of a partnership in Minnesota, if any;
25.19(10) the name, street, mailing address, and telephone number of an individual
25.20who may be contacted for purposes other than services of process on behalf of a
25.21limited partnership or a limited liability partnership, if the agent for the limited liability
25.22partnership, limited partnership, or foreign limited partnership is not an individual; and
25.23(11) the e-mail address of the organization to which notices from the secretary of
25.24state will be directed, if the organization has an e-mail address.
25.25 Sec. 15. Minnesota Statutes 2008, section 5A.03, is amended to read:
25.265A.03 ORGANIZATION APPLICATION FOR REGISTRATION.
25.27(a) An application for registration as an international student exchange visitor
25.28placement organization must be submitted in the form prescribed by the secretary of
25.29state. The application must include:
25.30(1) evidence that the organization meets the standards established by the secretary of
25.31state by rule;
25.32(2) the name, address, and telephone number of the organization, its chief executive
25.33officer, and the person within the organization who has primary responsibility for
25.34supervising placements within the state;
25.35(3) the organization's unified business identification number, if any;
26.1(4) the organization's United States Information Agency number, if any;
26.2(5) evidence of Council on Standards for International Educational Travel listing, if
26.3any;
26.4(6) whether the organization is exempt from federal income tax; and
26.5(7) a list of the organization's placements in Minnesota for the previous academic
26.6year including the number of students placed, their home countries, the school districts in
26.7which they were placed, and the length of their placements.
26.8(b) The application must be signed by the chief executive officer of the organization
26.9and the person within the organization who has primary responsibility for supervising
26.10placements within Minnesota. If the secretary of state determines that the application is
26.11complete, the secretary of state shall file the application and the applicant is registered.
26.12(c) Organizations that have registered shall inform the secretary of state of any
26.13changes in the information required under paragraph (a), clause (1), within 30 days of the
26.14change. There is no fee to amend a registration.
26.15(d) Registration under this chapter is valid for one year. The registration may be
26.16renewed annually. The fee to renew a registration is $50 per year.
26.17(e) Organizations registering for the first time in Minnesota must pay an initial
26.18registration fee of $150.
26.19(f) Fees collected by the secretary of state under this section must be deposited in the
26.20state treasury and credited to the general fund
26.21
26.22 Sec. 16. Minnesota Statutes 2008, section 5A.06, is amended to read:
26.235A.06 COMPLAINTS.
26.24The secretary of state may, upon receipt of a complaint regarding an international
26.25student exchange organization, report the matter to the organization involved, the
26.26
26.27States Department of State, or the Council on Standards for International Educational
26.28Travel, as the secretary of state considers appropriate. The secretary may also investigate
26.29complaints received under this section to determine if the complaint is limited to one
26.30high school or if there are systemic problems with placements made by a particular
26.31organization. The secretary of state may terminate an organization's registration if the
26.32secretary determines the organization has failed to remain in compliance with local, state,
26.33and federal statutes, rules, and regulations.
26.34 Sec. 17. [10.49] NAMING.
27.1 Laws enacted on or after July 1, 2009, must not be named for living people, and laws
27.2may not name councils, buildings, roads, or other facilities or entities after living people.
27.3 Sec. 18. Minnesota Statutes 2008, section 10A.31, subdivision 4, is amended to read:
27.4 Subd. 4. Appropriation.
27.5elections campaign fund, less three percent, are appropriated from the general fund, must
27.6be transferred and credited to the appropriate account in the state elections campaign fund,
27.7and are annually appropriated for distribution as set forth in subdivisions 5, 5a, 6, and 7.
27.8The remaining three percent must be kept in the general fund for administrative costs.
27.9(b) In addition to the amounts in paragraph (a),
27.10general election is appropriated from the general fund for transfer to the general account
27.11of the state elections campaign fund.
27.12
27.13
27.14
27.15 Sec. 19. Minnesota Statutes 2008, section 11A.07, subdivision 4, is amended to read:
27.16 Subd. 4. Duties and powers. The director, at the direction of the state board, shall:
27.17(1) plan, direct, coordinate, and execute administrative and investment functions
27.18in conformity with the policies and directives of the state board and the requirements of
27.19this chapter and of chapter 356A;
27.20(2) prepare and submit biennial and annual budgets to the board and with the
27.21approval of the board submit the budgets to the Department of Finance;
27.22(3) employ professional and clerical staff as necessary. Employees whose primary
27.23responsibility is to invest or manage money or employees who hold positions designated
27.24as unclassified under section
27.25state. Other employees are in the classified service. Unclassified employees who are
27.26not covered by a collective bargaining agreement are employed under the terms and
27.27conditions of the compensation plan approved under section
27.28(4) report to the state board on all operations under the director's control and
27.29supervision;
27.30(5) maintain accurate and complete records of securities transactions and official
27.31activities;
27.32(6) establish a policy relating to the purchase and sale of securities on the basis of
27.33competitive offerings or bids. The policy is subject to board approval;
28.1(7) cause securities acquired to be kept in the custody of the commissioner of finance
28.2or other depositories consistent with chapter 356A, as the state board deems appropriate;
28.3(8) prepare and file with the director of the Legislative Reference Library, by
28.4December 31 of each year, a report summarizing the activities of the state board, the
28.5council, and the director during the preceding fiscal year. The report must be prepared
28.6so as to provide the legislature and the people of the state with a clear, comprehensive
28.7summary of the portfolio composition, the transactions, the total annual rate of return,
28.8and the yield to the state treasury and to each of the funds whose assets are invested by
28.9the state board, and the recipients of business placed or commissions allocated among
28.10the various commercial banks, investment bankers, money managers, and brokerage
28.11organizations and the amount of these commissions or other fees. The report must contain
28.12financial statements for funds managed by the board prepared in accordance with generally
28.13accepted accounting principles. The report must include an executive summary;
28.14(9) include on the state board's Web site its annual report and an executive summary
28.15of its quarterly reports;
28.16
28.17access to any financial documents the state board deems necessary in the conduct of
28.18its investment activities;
28.19
28.20
28.21powers set forth in this subdivision consistent with chapter 356A.
28.22 Sec. 20. Minnesota Statutes 2008, section 13.64, is amended to read:
28.2313.64 DEPARTMENT OF
28.24(a) Notes and preliminary drafts of reports created, collected, or maintained by the
28.25Management Analysis Division, Department of
28.26during management studies, audits, reviews, consultations, or investigations are classified
28.27as confidential or protected nonpublic data until the final report has been published or
28.28preparation of the report is no longer being actively pursued.
28.29(b) Data that support the conclusions of the report and that the commissioner of
28.30
28.31protected nonpublic until the litigation has been completed or until the litigation is no
28.32longer being actively pursued.
28.33(c) Data on individuals that could reasonably be used to determine the identity of an
28.34individual supplying data for a report are private if:
28.35(1) the data supplied by the individual were needed for a report; and
29.1(2) the data would not have been provided to the Management Analysis Division
29.2without an assurance to the individual that the individual's identity would remain private,
29.3or the Management Analysis Division reasonably believes that the individual would not
29.4have provided the data.
29.5 Sec. 21. Minnesota Statutes 2008, section 15.01, is amended to read:
29.615.01 DEPARTMENTS OF THE STATE.
29.7The following agencies are designated as the departments of the state government:
29.8the Department of Administration; the Department of Agriculture; the Department of
29.9Commerce; the Department of Corrections; the Department of Education; the Department
29.10of Employment and Economic Development;
29.11of Health; the Department of Human Rights; the Department of Labor and Industry;
29.12the Department of Management and Budget; the Department of Military Affairs; the
29.13Department of Natural Resources; the Department of Public Safety; the Department of
29.14Human Services; the Department of Revenue; the Department of Transportation; the
29.15Department of Veterans Affairs; and their successor departments.
29.16 Sec. 22. Minnesota Statutes 2008, section 15.06, subdivision 1, is amended to read:
29.17 Subdivision 1. Applicability. This section applies to the following departments
29.18or agencies: the Departments of Administration, Agriculture, Commerce, Corrections,
29.19Education, Employment and Economic Development,
29.20Labor and Industry, Management and Budget, Natural Resources, Public Safety, Human
29.21Services, Revenue, Transportation, and Veterans Affairs; the Housing Finance and
29.22Pollution Control Agencies; the Office of Commissioner of Iron Range Resources and
29.23Rehabilitation; the Bureau of Mediation Services; and their successor departments and
29.24agencies. The heads of the foregoing departments or agencies are "commissioners."
29.25 Sec. 23. Minnesota Statutes 2008, section 15A.0815, subdivision 2, is amended to read:
29.26 Subd. 2. Group I salary limits. The salaries for positions in this subdivision may
29.27not exceed 95 percent of the salary of the governor:
29.28 Commissioner of administration;
29.29 Commissioner of agriculture;
29.30 Commissioner of education;
29.31 Commissioner of commerce;
29.32 Commissioner of corrections;
29.33
30.1 Commissioner of health;
30.2 Executive director, Minnesota Office of Higher Education;
30.3 Commissioner, Housing Finance Agency;
30.4 Commissioner of human rights;
30.5 Commissioner of human services;
30.6 Commissioner of labor and industry;
30.7Commissioner of management and budget;
30.8 Commissioner of natural resources;
30.9 Director of Office of Strategic and Long-Range Planning;
30.10 Commissioner, Pollution Control Agency;
30.11 Executive director, Public Employees Retirement Association;
30.12 Commissioner of public safety;
30.13 Commissioner of revenue;
30.14 Executive director, State Retirement System;
30.15 Executive director, Teachers Retirement Association;
30.16 Commissioner of employment and economic development;
30.17 Commissioner of transportation; and
30.18 Commissioner of veterans affairs.
30.19 Sec. 24. [15C.01] DEFINITIONS.
30.20 Subdivision 1. Scope. For purposes of this chapter, the terms in this section have
30.21the meanings given them.
30.22 Subd. 2. Claim. "Claim" includes a request or demand, whether under a contract or
30.23otherwise, for money or property that is made by a contractor, grantee, or other recipient
30.24to the state or a political subdivision if the state or the political subdivision has provided or
30.25will provide a portion of the money or property that is requested or demanded, or if the
30.26state or the political subdivision has reimbursed or will reimburse the contractor, grantee,
30.27or other recipient for a portion of the money or property that is requested or demanded.
30.28 Subd. 3. Knowing and knowingly. "Knowing" and "knowingly" mean that a
30.29person, with respect to information:
30.30 (1) has actual knowledge of the information;
30.31(2) acts in deliberate ignorance of the truth or falsity of the information; or
30.32 (3) acts in reckless disregard of the truth or falsity of the information.
30.33No proof of specific intent to defraud is required, but in no case is a person who acts
30.34merely negligently, inadvertently, or mistakenly with respect to information deemed
30.35to have acted knowingly.
31.1 Subd. 4. Original source. "Original source" means a person who has direct and
31.2independent knowledge of information that is probative of an essential element of the
31.3allegations in an action brought under this chapter that was not obtained from a public
31.4source and who either voluntarily provided the information to the state or the political
31.5subdivision before bringing an action based on the information or whose information
31.6provided the basis for or caused an investigation, hearing, audit, or report that led to the
31.7public disclosure of the allegations or transactions upon which an action brought under
31.8this chapter is based.
31.9 Subd. 5. Person. "Person" means a natural person, partnership, corporation,
31.10association or other legal entity but does not include the state or a political subdivision.
31.11 Subd. 6. Political subdivision. "Political subdivision" means a political subdivision
31.12of the state and includes a department or agency of a political subdivision.
31.13 Subd. 7. Prosecuting attorney. "Prosecuting attorney" means:
31.14 (1) the attorney general, if the false or fraudulent claim involves money, property, or
31.15services provided by the state; or
31.16 (2) the county attorney, city attorney, or other attorney representing a political
31.17subdivision, if the false or fraudulent claim involves money, property, or services provided
31.18by the political subdivision.
31.19 Subd. 8. State. "State" means the state of Minnesota and includes a department or
31.20agency of the state.
31.21EFFECTIVE DATE.This section is effective July 1, 2010.
31.22 Sec. 25. [15C.02] LIABILITY FOR CERTAIN ACTS.
31.23 (a) A person who commits any act described in clauses (1) to (7) is liable to the
31.24state or the political subdivision for a civil penalty of not less than $5,500 and not more
31.25than $11,000 per false or fraudulent claim, plus three times the amount of damages that
31.26the state or the political subdivision sustains because of the act of that person, except
31.27as otherwise provided in paragraph (b):
31.28 (1) knowingly presents, or causes to be presented, to an officer or employee of the
31.29state or a political subdivision a false or fraudulent claim for payment or approval;
31.30 (2) knowingly makes or uses, or causes to be made or used, a false record or
31.31statement to get a false or fraudulent claim paid or approved by the state or a political
31.32subdivision;
32.1 (3) knowingly conspires to either present a false or fraudulent claim to the state or a
32.2political subdivision for payment or approval or makes, uses, or causes to be made or used
32.3a false record or statement to obtain payment or approval of a false or fraudulent claim;
32.4 (4) has possession, custody, or control of public property or money used, or to
32.5be used, by the state or a political subdivision and knowingly delivers or causes to be
32.6delivered to the state or a political subdivision less money or property than the amount
32.7for which the person receives a receipt;
32.8 (5) is authorized to prepare or deliver a receipt for money or property used, or to be
32.9used, by the state or a political subdivision and knowingly prepares or delivers a receipt
32.10that falsely represents the money or property;
32.11 (6) knowingly buys, or receives as a pledge of an obligation or debt, public property
32.12from an officer or employee of the state or a political subdivision who lawfully may
32.13not sell or pledge the property; or
32.14 (7) knowingly makes or uses, or causes to be made or used, a false record or
32.15statement to conceal, avoid, or decrease an obligation to pay or transmit money or property
32.16to the state or a political subdivision.
32.17 (b) The court may assess not less than two times the amount of damages that the
32.18state or the political subdivision sustains because of the act of the person if:
32.19 (1) the person committing a violation under paragraph (a) furnished an officer or
32.20employee of the state or the political subdivision responsible for investigating the false or
32.21fraudulent claim violation with all information known to the person about the violation
32.22within 30 days after the date on which the person first obtained the information;
32.23 (2) the person fully cooperated with any investigation by the state or the political
32.24subdivision of the violation; and
32.25 (3) at the time the person furnished the state or the political subdivision with
32.26information about the violation, no criminal prosecution, civil action, or administrative
32.27action had been commenced under this chapter with respect to the violation and the person
32.28did not have actual knowledge of the existence of an investigation into the violation.
32.29 (c) A person violating this section is also liable to the state or the political
32.30subdivision for the costs of a civil action brought to recover any penalty or damages.
32.31(d) A person is not liable under this section for mere negligence, inadvertence, or
32.32mistake with respect to activities involving a false or fraudulent claim.
32.33(e) An employer is not liable for an act committed by a nonmanagerial employee
32.34that violates this section, unless the employer had knowledge of the act, ratified the act, or
32.35was reckless in the hiring or supervision of the employee.
33.1(f) Except in cases where proof of specific intent to defraud the state or a political
33.2subdivision is found, a person is not liable under this section if:
33.3(1) the person has been informed by the original source that single or multiple false
33.4or fraudulent claims have been made against the state or a political subdivision; and
33.5(2) the person repays the amount of actual damages to the state or the political
33.6subdivision within 45 days after being so informed. If the person has a compliance office,
33.7an original source is not considered to have informed the person of a false or fraudulent
33.8claim unless the original source reported it to the person's compliance office.
33.9EFFECTIVE DATE.This section is effective July 1, 2010.
33.10 Sec. 26. [15C.03] EXCLUSION.
33.11 This chapter does not apply to claims, records, or statements made under portions
33.12of Minnesota Statutes relating to taxation.
33.13EFFECTIVE DATE.This section is effective July 1, 2010.
33.14 Sec. 27. [15C.04] RESPONSIBILITIES OF PROSECUTING ATTORNEY.
33.15 Subdivision 1. General. A prosecuting attorney may investigate violations of
33.16section 15C.02. If a prosecuting attorney finds that a person has violated or is violating
33.17section 15C.02, the prosecuting attorney may bring a civil action under this chapter
33.18against the person to enjoin an act in violation of section
33.19and penalties.
33.20 Subd. 2. Attorney general investigatory powers. In connection with an
33.21investigation under this section, the attorney general has the powers listed in section
33.228.31, subdivisions 2 and 3.
33.23EFFECTIVE DATE.This section is effective July 1, 2010.
33.24 Sec. 28. [15C.05] PRIVATE REMEDIES; COMPLAINT UNDER SEAL; COPY
33.25OF COMPLAINT AND WRITTEN DISCLOSURE OF EVIDENCE TO BE SENT
33.26TO PROSECUTING ATTORNEY.
33.27 (a) Except as otherwise provided in this section, a person may maintain an action
33.28under this chapter on the person's own account and that of the state if money, property,
33.29or services provided by the state are involved; the person's own account and that of a
33.30political subdivision if money, property, or services provided by the political subdivision
33.31are involved; or on the person's own account and that of both the state and a political
33.32subdivision if both are involved. After an action is commenced, it may be voluntarily
34.1dismissed only if the court and the prosecuting attorney give written consent to the
34.2dismissal and their reasons for consenting.
34.3 (b) If an action is brought under this section, no other person may bring another
34.4action under this section based on the same facts that are the subject of the pending action.
34.5 (c) An action may not be maintained under this section:
34.6(1) against the state, the legislature, the judiciary, the executive branch, or a political
34.7subdivision, or their respective officers, members, or employees;
34.8 (2) if the action is based upon allegations or transactions that are the subject of a
34.9civil action or an administrative proceeding for a monetary penalty to which the state or a
34.10political subdivision is already a party; or
34.11 (3) unless the action is brought by an original source of the information or the
34.12prosecuting attorney initiates or intervenes in the action, if the action is based upon the
34.13public disclosure of allegations or transactions: (i) in a criminal, civil, or administrative
34.14hearing; (ii) in an investigation, report, hearing, or audit conducted by or at the request of
34.15the house of representatives or the senate; (iii) by an auditor or the governing body of a
34.16political subdivision; or (iv) by the news media.
34.17 (d) A complaint in an action under this section must be commenced by filing the
34.18complaint with the court in chambers and the court must place it under seal for at least 60
34.19days. No service may be made upon the defendant until the complaint is unsealed.
34.20 (e) If a complaint is filed under this section, the plaintiff shall serve a copy of the
34.21complaint on the prosecuting attorney in accordance with the Minnesota Rules of Civil
34.22Procedure and at the same time shall serve a written disclosure of all material evidence
34.23and information the plaintiff possesses.
34.24EFFECTIVE DATE.This section is effective July 1, 2010.
34.25 Sec. 29. [15C.06] PROSECUTING ATTORNEY INTERVENTION; MOTION
34.26TO EXTEND TIME; UNSEALING OF COMPLAINT.
34.27 (a) Within 60 days after receiving a complaint and disclosure under section 15C.05,
34.28the prosecuting attorney shall intervene or decline intervention or, for good cause shown,
34.29move the court to extend the time for doing so. The motion may be supported by affidavits
34.30or other submissions in chambers.
34.31 (b) The complaint must be unsealed after the prosecuting attorney decides whether
34.32or not to intervene.
34.33 (c) Notwithstanding the prosecuting attorney's decision regarding intervention in an
34.34action brought by a plaintiff under section 15C.05, the prosecuting attorney may pursue
34.35the claim through any alternate remedy available to the state, including an administrative
35.1proceeding to determine a civil monetary penalty. If the prosecuting attorney pursues an
35.2alternate remedy in another proceeding, the person initiating the action has the same rights
35.3in that proceeding as if the action had continued under section 15C.05. A finding of fact or
35.4conclusion of law made in the other proceeding that has become final is conclusive on
35.5all parties to an action under section 15C.05. For purposes of this paragraph, a finding
35.6or conclusion is final if it has been finally determined on appeal to the appropriate state
35.7court, if the time for filing an appeal has expired, or if the finding or conclusion is not
35.8subject to judicial review.
35.9EFFECTIVE DATE.This section is effective July 1, 2010.
35.10 Sec. 30. [15C.07] SERVICE OF UNSEALED COMPLAINT AND RESPONSE
35.11BY DEFENDANT.
35.12 When unsealed, the complaint must be served on the defendant pursuant to Rule 3 of
35.13the Minnesota Rules of Civil Procedure. The defendant must respond to the complaint
35.14within 20 days after it is served on the defendant.
35.15EFFECTIVE DATE.This section is effective July 1, 2010.
35.16 Sec. 31. [15C.08] PROSECUTING ATTORNEY AND PRIVATE PARTY ROLES.
35.17 (a) Except as otherwise provided by this section, if the prosecuting attorney does not
35.18intervene at the outset in an action brought by a person under section 15C.05, the person
35.19has the same rights in conducting the action as the prosecuting attorney would have. A
35.20copy of each pleading or other paper filed in the action and a copy of the transcript of each
35.21deposition taken must be mailed to the prosecuting attorney if the prosecuting attorney
35.22so requests and pays the cost of doing so.
35.23 (b) If the prosecuting attorney elects not to intervene at the outset of the action, the
35.24prosecuting attorney may intervene subsequently, upon timely application and good cause
35.25shown. If the prosecuting attorney so intervenes, the prosecuting attorney subsequently
35.26has primary responsibility for conducting the action.
35.27 (c) If the prosecuting attorney elects at the outset of the action to intervene, the
35.28prosecuting attorney has the primary responsibility for prosecuting the action. The person
35.29who initially brought the action remains a party but the person's acts do not bind the
35.30prosecuting attorney.
35.31 (d) Whether or not the prosecuting attorney intervenes in the action, the prosecuting
35.32attorney may move to dismiss the action for good cause. The person who brought the
35.33action must be notified of the filing of the motion and may oppose it and present evidence
35.34at the hearing. The prosecuting attorney may also settle the action. If the prosecuting
36.1attorney intends to settle the action, the prosecuting attorney shall notify the person who
36.2brought the action. The state or the political subdivision may settle the action with the
36.3defendant notwithstanding the objections of the person initiating the action if the court
36.4determines, after a hearing, that the proposed settlement is fair, adequate, and reasonable
36.5under all the circumstances. Upon a showing of good cause, the hearing may be held in
36.6chambers.
36.7EFFECTIVE DATE.This section is effective July 1, 2010.
36.8 Sec. 32. [15C.09] STAY OF DISCOVERY; EXTENSION.
36.9 (a) The court may stay discovery by a person who brought an action under section
36.1015C.05 for not more than 60 days if the prosecuting attorney shows that the proposed
36.11discovery would interfere with the investigation or prosecution of a civil or criminal
36.12matter arising out of the same facts, whether or not the prosecuting attorney participates
36.13in the action.
36.14 (b) The court may extend the stay upon a further showing that the prosecuting
36.15attorney has pursued the civil or criminal investigation or proceeding with reasonable
36.16diligence and that the proposed discovery would interfere with its continuation. Discovery
36.17may not be stayed for a total of more than six months over the objection of the person who
36.18brought the action, except for good cause shown by the prosecuting attorney.
36.19 (c) A showing made pursuant to this section must be made in chambers.
36.20EFFECTIVE DATE.This section is effective July 1, 2010.
36.21 Sec. 33. [15C.10] COURT-IMPOSED LIMITATION UPON PARTICIPATION
36.22OF PRIVATE PLAINTIFF IN ACTION.
36.23 Upon a showing by the prosecuting attorney in an action in which the prosecuting
36.24attorney has intervened that unrestricted participation by a person under this chapter would
36.25interfere with or unduly delay the conduct of the action, or would be repetitious, irrelevant,
36.26or solely for harassment, the court may limit the person's participation by limiting the
36.27number of witnesses, the length of the testimony of the witnesses, the cross-examination
36.28of witnesses by the person, or by other measures.
36.29EFFECTIVE DATE.This section is effective July 1, 2010.
36.30 Sec. 34. [15C.11] LIMITATION OF ACTIONS; REMEDIES.
36.31 (a) An action under this chapter may not be commenced more than three years after
36.32the date of discovery of the fraudulent activity by the prosecuting attorney or more than
37.1six years after the fraudulent activity occurred, whichever occurs later, but in no event
37.2more than ten years after the date on which the violation is committed.
37.3 (b) A finding of guilt in a criminal proceeding charging a false statement or fraud,
37.4whether upon a verdict of guilty or a plea of guilty or nolo contendere, stops the person
37.5found guilty from denying an essential element of that offense in an action under this
37.6chapter based upon the same transaction as the criminal proceeding.
37.7(c) In an action under this chapter, the state or the political subdivision and any
37.8plaintiff under section 15C.05 must prove the essential elements of the cause of action,
37.9including damages, by a preponderance of the evidence.
37.10EFFECTIVE DATE.This section is effective July 1, 2010.
37.11 Sec. 35. [15C.12] AWARD OF EXPENSES AND ATTORNEY FEES.
37.12 If the prosecuting attorney or a person who brought an action under section
37.13prevails in or settles an action under this chapter, the court may authorize the prosecuting
37.14attorney or person to recover reasonable costs, reasonable attorney fees, and the reasonable
37.15fees of expert consultants and expert witnesses. These expenses must be awarded against
37.16the defendant and are not allowed against the state or a political subdivision. If the
37.17prosecuting attorney does not intervene in the action and the person bringing the action
37.18conducts the action and the defendant prevails in the action, the court shall award to the
37.19defendant reasonable expenses and attorney fees against the person bringing the action if
37.20it finds that the action was clearly frivolous or vexatious or brought in substantial part for
37.21harassment. The state or a political subdivision is not liable for expenses, attorney fees, or
37.22other costs incurred by a person in bringing or defending an action under this chapter.
37.23EFFECTIVE DATE.This section is effective July 1, 2010.
37.24 Sec. 36. [15C.13] DISTRIBUTION TO PRIVATE PLAINTIFF IN CERTAIN
37.25ACTIONS.
37.26 If the prosecuting attorney intervenes at the outset in an action brought by a person
37.27under section 15C.05, the person is entitled to receive not less than 15 percent or more
37.28than 25 percent of any recovery in proportion to the person's contribution to the conduct
37.29of the action. If the prosecuting attorney does not intervene in the action at any time,
37.30the person is entitled to receive not less than 25 percent or more than 30 percent of
37.31any recovery of the civil penalty and damages, or settlement, as the court determines
37.32is reasonable. If the prosecuting attorney does not intervene in the action at the outset
37.33but subsequently intervenes, the person is entitled to receive not less than 15 percent or
38.1more than 30 percent of any recovery, as the court determines is reasonable based on the
38.2person's participation in the action before the prosecuting attorney intervened.
38.3EFFECTIVE DATE.This section is effective July 1, 2010.
38.4 Sec. 37. [15C.14] EMPLOYER RESTRICTIONS; LIABILITY.
38.5 (a) An employer must not adopt or enforce any rule or policy forbidding an
38.6employee to disclose information to the state, a political subdivision, or a law enforcement
38.7agency, or to act in furtherance of an action under this chapter, including investigation
38.8for, bringing, or testifying in the action.
38.9 (b) An employer must not discharge, demote, suspend, threaten, harass, deny
38.10promotion to, or otherwise discriminate against an employee in the terms or conditions of
38.11employment because of lawful acts done by the employee on the employee's behalf or
38.12on behalf of others in disclosing information to the state, a political subdivision, or a law
38.13enforcement agency in furtherance of an action under this chapter, including investigation
38.14for bringing or testifying in the action.
38.15 (c) An employer who violates this section is liable to the affected employee in a civil
38.16action for damages and other relief, including reinstatement, twice the amount of lost
38.17compensation, interest on the lost compensation, any special damage sustained as a result
38.18of the discrimination, and punitive damages if appropriate. The employer is also liable for
38.19expenses recoverable under section
38.20EFFECTIVE DATE.This section is effective July 1, 2010.
38.21 Sec. 38. [15C.15] DEPOSIT OF STATE FUNDS; FALSE CLAIMS ACCOUNT.
38.22 Subdivision 1. Deposit of funds. The net proceeds received by the state in an action
38.23under this chapter, after distributions made to private plaintiffs and as otherwise required
38.24by federal law, must be deposited in the state treasury and credited as follows:
38.25(1) the portion of net proceeds equal to the amount of the actual damages that the
38.26state sustains because of an act specified in section 15C.02 must be credited to the fund
38.27that sustained the damages;
38.28(2) the portion of net proceeds equal to the additional recovery of federal money
38.29authorized by United States Code, title 42, section 1396h, for a recovery under this
38.30chapter, as determined by the commissioner of finance, must be credited to the false
38.31claims account under subdivision 2, provided that the amount credited may not exceed
38.32$1,000,000 in a fiscal year; and
38.33(3) the remainder of the net proceeds must be credited to the general fund.
39.1 Subd. 2. False claims account. A false claims account is established in the special
39.2revenue fund in the state treasury. The commissioner of finance may enter into interagency
39.3agreements to deposit up to $2,055,000 for litigation and related expenses under this act.
39.4Money in the account deposited through interagency agreement or under subdivision 1 is
39.5annually appropriated to the attorney general for purposes of this chapter.
39.6EFFECTIVE DATE.Subdivision 2 is effective the day following final enactment.
39.7 Sec. 39. [15C.16] REPORTING.
39.8The attorney general shall report to the chairs and ranking minority members of the
39.9senate and house of representatives committees with jurisdiction over state government
39.10finance by January 15 each year, on activities under this chapter during the prior calendar
39.11year. The report must include:
39.12(1) the number of complaints received by the attorney general under section 15C.05;
39.13(2) the number of times the attorney general intervened and declined to intervene
39.14after receiving a complaint;
39.15(3) an estimate of the amount of time spent by attorneys in the attorney general's
39.16office and an estimate of the amount of time spent by other staff in the attorney general's
39.17office on activities under this chapter; and
39.18(4) net proceeds received by the state in each action under this chapter.
39.19 Sec. 40. Minnesota Statutes 2008, section 16A.01, subdivision 1, is amended to read:
39.20 Subdivision 1. Commissioner. The commissioner of
39.21budget manages the Department of
39.22known as Minnesota Management and Budget. The commissioner is the state's controller
39.23and chief accounting and financial officer.
39.24 Sec. 41. Minnesota Statutes 2008, section 16A.055, subdivision 1, is amended to read:
39.25 Subdivision 1. List. (a) The commissioner shall:
39.26(1) receive and record all money paid into the state treasury and safely keep it until
39.27lawfully paid out;
39.28(2) manage the state's financial affairs;
39.29(3) keep the state's general account books according to generally accepted
39.30government accounting principles;
39.31(4) keep expenditure and revenue accounts according to generally accepted
39.32government accounting principles;
40.1(5) develop, provide instructions for, prescribe, and manage a state uniform
40.2accounting system; and
40.3(6) provide to the state the expertise to ensure that all state funds are accounted for
40.4under generally accepted government accounting principles
40.5
40.6
40.7
40.8(b) In addition to the duties in paragraph (a), the commissioner has the powers and
40.9duties given to the commissioner in chapter 43A.
40.10 Sec. 42. Minnesota Statutes 2008, section 16A.055, is amended by adding a
40.11subdivision to read:
40.12 Subd. 1a. Additional duties. The commissioner may assist state agencies by
40.13providing analytical, statistical, and organizational development services to state agencies
40.14in order to assist the agency to achieve the agency's mission and to operate efficiently
40.15and effectively.
40.16 Sec. 43. [16A.056] WEB SITE WITH SEARCHABLE DATABASE ON STATE
40.17EXPENDITURES.
40.18 Subdivision 1. Web database requirement. The commissioner, in consultation
40.19with the commissioners of administration and revenue and the legislative auditor, must
40.20maintain a Web site with a searchable database providing the public with information on
40.21state contracts, state appropriations, state expenditures, state tax expenditures, and state
40.22entities that are the subject of audits. The Web site must not include information that is not
40.23public data, as defined in section 13.02, subdivision 8a. For each data field identified in
40.24subdivisions 2 to 6, the searchable database must allow a user of the Web site to:
40.25(1) perform a search using that field;
40.26(2) sort by that field;
40.27(3) obtain information grouped or aggregated by that field, where groups or subtotals
40.28are feasible; and
40.29(4) view information in that field by each fiscal year.
40.30The searchable database may accommodate grouping and aggregating by allowing
40.31the user to download the data into a user-controlled database.
40.32 Subd. 2. Contracts. (a) The searchable database on the Web site must include at
40.33least the following data fields on state contracts:
40.34(1) the name of the entity receiving the contract;
41.1(2) the name of the agency entering into the contract;
41.2(3) an indication if the contract is for (i) goods; (ii) professional or technical services;
41.3(iii) services other than professional and technical services; or (iv) a grant; and
41.4(4) the fund or funds from which the entity receiving the contract will be paid.
41.5(b) For each contract, the database must also include:
41.6(1) an address for each entity receiving a contract; and
41.7(2) a brief statement of the purpose of the contract or grant.
41.8(c) Information on a new contract or grant must be entered into the database within
41.930 days after the contract or grant is entered into.
41.10(d) For purposes of this section, a "grant" is a contract between a state agency and
41.11a recipient, the primary purpose of which is to transfer cash or a thing of value to the
41.12recipient to support a public purpose. Grant does not include aid payments to units of local
41.13government, payments to state employees, or payments made under laws providing for
41.14assistance to individuals.
41.15 Subd. 3. Appropriations. The searchable database on the Web site must include
41.16at least the following data fields on state appropriations:
41.17(1) the agency receiving the appropriation, or the name of the nonstate entity
41.18receiving state money;
41.19(2) the agency program, to the extent applicable;
41.20(3) the agency activity, to the extent applicable;
41.21(4) an item within an activity if applicable;
41.22(5) the fund from which the appropriation is made; and
41.23(6) the object of expenditure.
41.24 Subd. 4. State expenditures. The searchable database on the Web site must include
41.25at least the following data fields on state expenditures:
41.26(1) the name of the agency or nonstate entity making the expenditure;
41.27(2) the agency program, to the extent applicable;
41.28(3) the agency activity, to the extent applicable;
41.29(4) an item within an activity if applicable;
41.30(5) the fund from which the expenditure is made; and
41.31(6) the object of expenditure.
41.32 Subd. 5. Tax expenditures. The Web site must include a searchable database of
41.33state tax expenditures. For each fiscal year, the database must include data fields showing
41.34the estimated impact on state revenues of each tax expenditure item listed in the report
41.35prepared under section 270C.11.
42.1 Subd. 6. Audits. The Web site required by this section must include a link to a
42.2Web site containing the findings and results from the audits completed by the legislative
42.3auditor that have been released to the public.
42.4 Subd. 7. Retention of data. The database required under this section must include
42.5information beginning with fiscal year 2010 appropriations and must retain data for at
42.6least ten years.
42.7 Subd. 8. Consultation. The commissioner of finance must consult with the
42.8chairs of the house of representatives Ways and Means and senate Finance Committees
42.9before encumbering any money appropriated on or after July 1, 2009, for the planning,
42.10development, and implementation of state accounting or procurement systems. No money
42.11appropriated for these purposes may be spent unless the commissioner certifies that the
42.12systems will allow compliance with requirements of this section.
42.13EFFECTIVE DATE.This section is effective the day following certification by the
42.14commissioner of finance that a new statewide accounting and procurement system has
42.15been implemented.
42.16 Sec. 44. [16A.057] INTERNAL CONTROLS AND INTERNAL AUDITING.
42.17 Subdivision 1. Establishment of system. The commissioner is responsible for
42.18the system of internal controls across the executive branch. The commissioner must
42.19coordinate the design, implementation, and maintenance of an effective system of internal
42.20controls and internal auditing for all executive agencies. The system must:
42.21(1) safeguard public funds and assets and minimize incidences of fraud, waste,
42.22and abuse;
42.23(2) ensure that programs are administered in compliance with federal and state
42.24laws and rules; and
42.25(3) require documentation of internal control procedures over financial management
42.26activities, provide for analysis of risks, and provide for periodic evaluation of control
42.27procedures to satisfy the commissioner that these procedures are adequately designed,
42.28properly implemented, and functioning effectively.
42.29 Subd. 2. Standards. The commissioner must adopt internal control standards
42.30and policies that agencies must follow to meet the requirements of subdivision 1. These
42.31standards and policies may include separation of duties, safeguarding receipts, time entry,
42.32approval of travel, and other topics the commissioner determines are necessary to comply
42.33with subdivision 1.
43.1 Subd. 3. Training and assistance. The commissioner shall coordinate training
43.2for accounting personnel and financial managers in state agencies on internal controls
43.3as necessary to ensure financial integrity in the state's financial transactions. The
43.4commissioner shall provide internal control support to agencies that the commissioner
43.5determines need this assistance.
43.6 Subd. 4. Sharing internal audit resources. The commissioner must administer a
43.7program for sharing internal auditors among executive agencies that do not have their own
43.8internal auditors and for assembling interagency teams of internal auditors as necessary.
43.9 Subd. 5. Monitoring Office of the Legislative Auditor audits. The commissioner
43.10must review audit reports from the Office of the Legislative Auditor and take appropriate
43.11steps to address internal control problems found in executive agencies.
43.12 Subd. 6. Budget for internal controls. The commissioner of finance may require
43.13that each executive agency spend a specified percentage of its operating budget on internal
43.14control systems. The commissioner of finance may require that an agency transfer a
43.15portion of its operating budget to the commissioner to pay for internal control functions
43.16performed by the commissioner.
43.17 Subd. 7. Annual report. The commissioner must report to the legislative audit
43.18commission and the governor by January 31 of each odd-numbered year on the system of
43.19internal controls and internal auditing in executive agencies.
43.20 Subd. 8. Agency head responsibilities. The head of each executive agency is
43.21responsible for designing, implementing, and maintaining an effective internal control
43.22system within the agency that complies with the requirements of subdivision 1, clauses (1)
43.23to (4). The head of each executive agency must annually certify that the agency head has
43.24reviewed the agency's internal control systems, and that these systems are in compliance
43.25with standards and policies established by the commissioner. The agency head must
43.26submit the signed certification form to the commissioner of finance, in a form specified by
43.27the commissioner.
43.28 Subd. 9. State colleges and universities. This section does not apply to the
43.29Minnesota state colleges and universities system.
43.30 Sec. 45. Minnesota Statutes 2008, section 16A.126, subdivision 1, is amended to read:
43.31 Subdivision 1. Set rates. The commissioner shall approve the rates an agency must
43.32pay to a revolving fund for services. Funds subject to this subdivision include, but are
43.33not limited to, the revolving funds established in sections 4A.05; 14.46; 14.53; 16B.48;
44.116B.54; 16B.58; 16B.85; 16C.03, subdivision 11; 16E.14; 43A.55; and 176.591; and the
44.2fund established in section 43A.30.
44.3 Sec. 46. Minnesota Statutes 2008, section 16A.133, subdivision 1, is amended to read:
44.4 Subdivision 1. Payroll direct deposit and deductions. An agency head in the
44.5executive, judicial, and legislative branch shall, upon written request signed by an
44.6employee, directly deposit all or part of an employee's pay to those credit unions or
44.7financial institutions, as defined in section
44.8An agency head
44.9pay of the employee a requested amount to be paid to the Minnesota Benefit Association,
44.10or to any
44.11employee is a member.
44.12
44.13
44.14
44.15 Sec. 47. Minnesota Statutes 2008, section 16A.139, is amended to read:
44.1616A.139 MISAPPROPRIATION OF MONEY.
44.17
44.18legislative, or judicial branches, or any employee
44.19branches,
44.20knowing that the use is for
44.21
44.22penalty is specified elsewhere in law, a person who violates this paragraph is guilty of a
44.23gross misdemeanor.
44.24(b) A violation of paragraph (a) by a head of a department, or any state official, is
44.25cause for immediate removal of the official or head of a state department from the position
44.26held with the government of this state. A criminal conviction under paragraph (a) is not a
44.27prerequisite for removal. This paragraph does not apply to a judge, a constitutional officer,
44.28or a legislator, except as potential grounds for expulsion, impeachment, or recall in the
44.29manner specified in article IV, section 7, and article VIII of the Minnesota Constitution.
44.30EFFECTIVE DATE.This section is effective August 1, 2009, and applies to crimes
44.31committed on or after that date.
44.32 Sec. 48. Minnesota Statutes 2008, section 16A.151, subdivision 2, is amended to read:
45.1 Subd. 2. Exceptions. (a) If a state official litigates or settles a matter on behalf of
45.2specific injured persons or entities, this section does not prohibit distribution of money
45.3to the specific injured persons or entities on whose behalf the litigation or settlement
45.4efforts were initiated. If money recovered on behalf of injured persons or entities cannot
45.5reasonably be distributed to those persons or entities because they cannot readily be
45.6located or identified or because the cost of distributing the money would outweigh the
45.7benefit to the persons or entities, the money must be paid into the general fund.
45.8(b) Money recovered on behalf of a fund in the state treasury other than the general
45.9fund may be deposited in that fund.
45.10(c) This section does not prohibit a state official from distributing money to a person
45.11or entity other than the state in litigation or potential litigation in which the state is a
45.12defendant or potential defendant.
45.13(d) State agencies may accept funds as directed by a federal court for any restitution
45.14or monetary penalty under United States Code, title 18, section 3663(a)(3) or United
45.15States Code, title 18, section 3663A(a)(3). Funds received must be deposited in a special
45.16revenue account and are appropriated to the commissioner of the agency for the purpose
45.17as directed by the federal court.
45.18
45.19EFFECTIVE DATE.This section is effective August 1, 2009, and applies to
45.20actions commenced on or after that date.
45.21 Sec. 49. Minnesota Statutes 2008, section 16A.152, is amended by adding a
45.22subdivision to read:
45.23 Subd. 8. Report on budget reserve percentage. (a) The commissioner of finance
45.24must periodically review the formula developed as part of the Budget Trends Study
45.25Commission authorized by Laws 2007, chapter 148, article 2, section 81, to estimate
45.26the percentage of the preceding biennium's general fund expenditures and transfers
45.27recommended as a budget reserve.
45.28 (b) The commissioner must annually review the variables and coefficients in the
45.29formula used to model the base of the general fund taxes and the mix of taxes that provide
45.30revenues to the general fund. If the commissioner determines that the variables and
45.31coefficients have changed enough to result in a change in the percentage of the preceding
45.32biennium's general fund expenditures and transfers recommended as a budget reserve,
45.33the commissioner must update the variables and coefficients in the formula to reflect the
45.34current base and mix of general fund taxes.
46.1 (c) Every ten years, the commissioner must review the methodology underlying the
46.2formula, taking into consideration relevant economic literature from the past ten years, and
46.3determine if the formula remains adequate as a tool for estimating the percentage of the
46.4preceding biennium's general fund expenditures and transfers recommended as a budget
46.5reserve. If the commissioner determines that the methodology underlying the formula is
46.6outdated, the commissioner must revise the formula.
46.7 (d) By January 15 of each year, the commissioner must report to the chairs and
46.8ranking minority members of the house of representatives Committee on Ways and Means
46.9and the senate Committee on Finance, in compliance with sections 3.195 and 3.197,
46.10on the percentage of the preceding biennium's general fund expenditures and transfers
46.11recommended as a budget reserve. The report must specify:
46.12 (1) if the commissioner updated the variables and coefficients in the formula to
46.13reflect significant changes to either the base of one or more general fund taxes or to the
46.14mix of taxes that provide revenues to the general fund as provided in paragraph (b);
46.15 (2) if the commissioner revised the formula after determining the methodology was
46.16outdated as provided in paragraph (c); and
46.17 (3) if the percentage of the preceding biennium's general fund expenditures and
46.18transfers recommended as a budget reserve has changed as a result of an update of or a
46.19revision to the formula.
46.20EFFECTIVE DATE.This section is effective the day following final enactment.
46.21 Sec. 50. [16A.81] TECHNOLOGY DEVELOPMENT LEASE-PURCHASE
46.22FINANCING.
46.23 Subdivision 1. Definitions. The following definitions apply to this section.
46.24(a) "Technology system project" means the development, acquisition, installation,
46.25and implementation of a technology system that is essential to state operations and is
46.26expected to have a long useful life.
46.27(b) "Lease-purchase agreement" means an agreement for the lease and installment
46.28purchase of a technology system project, or a portion of the project, between the
46.29commissioner, on behalf of the state, and a vendor or a third-party financing source.
46.30(c) "Technology development lease-purchase guidelines" means policies, procedures,
46.31and requirements established by the commissioner for technology system projects that are
46.32financed pursuant to a lease-purchase agreement.
46.33 Subd. 2. Lease-purchase financing. The commissioner may enter into a
46.34lease-purchase agreement in an amount sufficient to fund a technology system project and
47.1authorize the public or private sale and issuance of certificates of participation, provided
47.2that:
47.3(1) the technology system project has been authorized by law to be funded pursuant
47.4to a lease-purchase agreement;
47.5(2) the term of the lease-purchase agreement and the related certificates of
47.6participation shall not exceed the lesser of the expected useful life of the technology
47.7system project financed by the lease-purchase agreement and the certificates or ten years
47.8from the date of issuance of the lease-purchase agreement and the certificates;
47.9(3) the principal amount of the lease-purchase agreement and the certificates is
47.10sufficient to provide for the costs of issuance, capitalized interest, credit enhancement, or
47.11reserves, if any, as required under the lease-purchase agreement;
47.12(4) funds sufficient for payment of lease obligations have been committed in the
47.13authorizing legislation for the technology system project for the fiscal year during which
47.14the lease-purchase agreement is entered into; provided that no lease-purchase agreement
47.15shall obligate the state to appropriate funds sufficient to make lease payments due under
47.16such agreement in any future fiscal year; and
47.17(5) planned expenditures for the technology system project are permitted within the
47.18technology development lease-purchase guidelines.
47.19 Subd. 3. Covenants. The commissioner may covenant in a lease-purchase
47.20agreement that the state will abide by the terms and provisions that are customary in
47.21lease-purchase financing transactions, including but not limited to, covenants providing
47.22that the state:
47.23(1) will maintain insurance as required under the terms of the lease-purchase
47.24agreement;
47.25(2) is responsible to the lessor for any public liability or property damage claims or
47.26costs related to the selection, use, or maintenance of the technology system project, to the
47.27extent of insurance or self-insurance maintained by the state, and for costs and expenses
47.28incurred by the lessor as a result of any default by the state; or
47.29(3) authorizes the lessor to exercise the rights of a secured party with respect to
47.30the technology system project or any portion of the project in the event of default or
47.31nonappropriation of funds by the state, and for the present recovery of lease payments
47.32due during the current term of the lease-purchase agreement as liquidated damages in
47.33the event of default.
47.34 Subd. 4. Credit and appropriation of proceeds. Proceeds of the lease-purchase
47.35agreement and certificates of participation must be credited to a technology lease project
47.36fund in the state treasury. Net income from investment of the proceeds, as estimated by
48.1the commissioner, must be credited to the appropriate accounts in the technology lease
48.2project fund. Funds in the technology lease project fund are appropriated for the purposes
48.3described in the authorizing law for each technology development project and this section.
48.4 Subd. 5. Transfer of funds. Before the lease-purchase proceeds are received in the
48.5technology lease project fund, the commissioner may transfer to that fund from the general
48.6fund amounts not exceeding the expected proceeds from the lease-purchase agreement
48.7and certificates of participation. The commissioner shall return these amounts to the
48.8general fund by transferring proceeds when received. The amounts of these transfers are
48.9appropriated from the general fund and from the technology lease project fund.
48.10 Subd. 6. Administrative expenses. Actual and necessary travel and subsistence
48.11expenses of employees and all other nonsalary expenses incidental to the sale, printing,
48.12execution, and delivery of the lease-purchase agreement and certificates of participation
48.13may be paid from the lease-purchase proceeds. The lease-purchase proceeds are
48.14appropriated for this purpose.
48.15 Subd. 7. Treatment of technology lease project fund. Lease-purchase proceeds
48.16remaining in the technology lease project fund after the purposes for which the
48.17lease-purchase agreement was undertaken are accomplished or abandoned, as determined
48.18by the commissioner, must be transferred to the general fund.
48.19 Subd. 8. Lease-purchase not public debt. A lease-purchase agreement does not
48.20constitute or create a general or moral obligation or indebtedness of the state in excess
48.21of the money from time to time appropriated or otherwise available for payments or
48.22obligations under such agreement. Payments due under a lease-purchase agreement during
48.23a current lease term for which money has been appropriated is a current expense of the
48.24state.
48.25 Subd. 9. Tax treatment. Property purchased subject to a lease-purchase agreement
48.26under this section is not subject to personal property taxes. The purchaser of property for
48.27lease to the state under a valid lease-purchase agreement under this section is not subject
48.28to the sales tax on the purchase of the property or on the payments received under the
48.29agreement, but the state is subject to the tax under chapter 297A on property acquired
48.30under the agreement.
48.31 Subd. 10. Refunding certificates. The commissioner from time to time may enter
48.32into a new lease-purchase agreement and issue and sell certificates of participation for the
48.33purpose of refunding any lease-purchase agreement and related certificates of participation
48.34then outstanding, including the payment of any redemption premiums, any interest accrued
48.35or that is to accrue to the redemption date, and costs related to the issuance and sale of such
49.1refunding certificates. The proceeds of any refunding certificates may, in the discretion of
49.2the commissioner, be applied to the purchase or payment at maturity of the certificates to
49.3be refunded, to the redemption of outstanding lease-purchase agreements and certificates
49.4on any redemption date, or to pay interest on the refunding lease-purchase agreements
49.5and certificates and may, pending such application, be placed in escrow to be applied to
49.6such purchase, payment, retirement, or redemption. Any escrowed proceeds, pending such
49.7use, may be invested and reinvested in obligations that are authorized investments under
49.8section 11A.24. The income earned or realized on any authorized investment may also be
49.9applied to the payment of the lease-purchase agreements and certificates to be refunded,
49.10interest or premiums on the refunded certificates, or to pay interest on the refunding
49.11lease-purchase agreements and certificates. After the terms of the escrow have been fully
49.12satisfied, any balance of proceeds and any investment income may be returned to the
49.13general fund, or if applicable, the technology lease project fund, for use in a lawful manner.
49.14All refunding lease-purchase agreements and certificates issued under the provisions of
49.15this subdivision must be prepared, executed, delivered, and secured by appropriations in
49.16the same manner as the lease-purchase agreements and certificates to be refunded.
49.17EFFECTIVE DATE.This section is effective the day following final enactment.
49.18 Sec. 51. [16A.82] TECHNOLOGY LEASE-PURCHASE APPROPRIATION.
49.19$3,548,000 in fiscal year 2010; $3,546,000 in fiscal year 2011; and $10,054,000
49.20in each fiscal year 2012 through 2019 are appropriated from the general fund to the
49.21commissioner to make payments under a lease-purchase agreement as defined in section
49.2216A.81 for replacement of the state's accounting and procurement systems, provided
49.23that the state is not obligated to continue such appropriation of funds or to make lease
49.24payments in any future fiscal year. Any unexpended portions of this appropriation cancel
49.25to the general fund at the close of each biennium. This section expires June 30, 2020.
49.26 Sec. 52. Minnesota Statutes 2008, section 16B.24, is amended by adding a subdivision
49.27to read:
49.28 Subd. 5b. Employee fitness and wellness facilities. An entity in the executive,
49.29legislative, or judicial branch may use space under its control to offer fitness, wellness,
49.30or similar classes or activities to its employees, and may allow persons conducting these
49.31classes or activities to charge employees a fee to participate. Revenue received by a public
49.32entity under this section is appropriated to the entity. This authorization applies to all state
49.33space, including property in the Capitol area, and other designated property as defined
49.34in rules adopted by the commissioner of public safety. Persons conducting these classes
50.1or activities, and participating employees, waive any and all claims of liability against
50.2the state for any damage or injury arising from the use of state space for employee fitness
50.3and wellness classes or similar classes or activities. Persons conducting these classes or
50.4activities agree to indemnify, save, and hold the state, its agents, and employees harmless
50.5from any claims or causes of action, including attorney fees incurred by the state that arise
50.6from these classes or activities.
50.7EFFECTIVE DATE.This section is effective the day following final enactment.
50.8 Sec. 53. [16B.242] ENTERPRISE REAL PROPERTY ACCOUNT.
50.9The enterprise real property technology system and services account is created
50.10in the special revenue fund. Receipts credited to the account are appropriated to the
50.11commissioner of administration for the purpose of funding the personnel and technology
50.12to maintain the enterprise real property system and services.
50.13 Sec. 54. [16B.2421] BIRD-SAFE BUILDINGS.
50.14 Between March 15 and May 31 and between August 15 and October 31 each year,
50.15occupants of state-owned or state-leased buildings must attempt to reduce dangers posed
50.16to migrating birds by turning off building lights between midnight and dawn, to the extent
50.17turning off lights is consistent with the normal use of the buildings. The commissioner of
50.18administration may adopt policies to implement this requirement.
50.19 Sec. 55. [16B.99] GEOSPATIAL INFORMATION OFFICE.
50.20 Subdivision 1. Creation. The Minnesota Geospatial Information Office is created
50.21under the supervision of the commissioner of administration.
50.22 Subd. 2. Responsibilities; authority. The office has authority to provide
50.23coordination, guidance, and leadership, and to plan the implementation of Minnesota's
50.24geospatial information technology. The office must identify, coordinate, and guide
50.25strategic investments in geospatial information technology systems, data, and services to
50.26ensure effective implementation and use of Geospatial Information Systems (GIS) by state
50.27agencies to maximize benefits for state government as an enterprise.
50.28 Subd. 3. Duties. (a) The office must:
50.29(1) coordinate and guide the efficient and effective use of available federal,
50.30state, local, and public-private resources to develop statewide geospatial information
50.31technology, data, and services;
50.32(2) provide leadership and outreach, and ensure cooperation and coordination for
50.33all GIS functions in state and local government, including coordination between state
51.1agencies, intergovernment coordination between state and local units of government, and
51.2extragovernment coordination, which includes coordination with academic and other
51.3private and nonprofit sector GIS stakeholders;
51.4(3) review state agency and intergovernment geospatial technology, data, and
51.5services development efforts involving state or intergovernment funding, including federal
51.6funding;
51.7(4) provide information to the legislature regarding projects reviewed, and
51.8recommend projects for inclusion in the governor's budget under section 16A.11;
51.9(5) coordinate management of geospatial technology, data, and services between
51.10state and local governments;
51.11(6) provide coordination, leadership, and consultation to integrate government
51.12technology services with GIS infrastructure and GIS programs;
51.13(7) work to avoid or eliminate unnecessary duplication of existing GIS technology
51.14services and systems, including services provided by other public and private organizations
51.15while building on existing governmental infrastructures;
51.16(8) promote and coordinate consolidated geospatial technology, data, and services
51.17and shared geospatial Web services for state and local governments; and
51.18(9) promote and coordinate geospatial technology training, technical guidance, and
51.19project support for state and local governments.
51.20 Subd. 4. Duties of chief geospatial information officer. (a) In consultation with the
51.21state geospatial advisory council, the commissioner of administration, the commissioner
51.22of finance, and the Minnesota chief information officer, the chief geospatial information
51.23officer must identify when it is cost-effective for agencies to develop and use shared
51.24information and geospatial technology systems, data, and services. The chief geospatial
51.25information officer may require agencies to use shared information and geospatial
51.26technology systems, data, and services.
51.27(b) The chief geospatial information officer, in consultation with the state
51.28geospatial advisory council, must establish reimbursement rates in cooperation with
51.29the commissioner of finance to bill agencies and other governmental entities sufficient
51.30to cover the actual development, operation, maintenance, and administrative costs of
51.31the shared systems. The methodology for billing may include the use of interagency
51.32agreements, or other means as allowed by law.
51.33 Subd. 5. Fees. (a) The chief geospatial information officer must set fees under
51.34section 16A.1285 that reflect the actual cost of providing information products and
51.35services to clients. Fees collected must be deposited in the state treasury and credited to
51.36the Minnesota Geospatial Information Office revolving account. Money in the account
52.1is appropriated to the chief geospatial information officer for providing GIS consulting
52.2services, software, data, Web services, and map products on a cost-recovery basis,
52.3including the cost of services, supplies, material, labor, and equipment as well as the
52.4portion of the general support costs and statewide indirect costs of the office that is
52.5attributable to the delivery of these products and services. Money in the account must not
52.6be used for the general operation of the Minnesota Geospatial Information Office.
52.7(b) The chief geospatial information officer may require a state agency to make an
52.8advance payment to the revolving account sufficient to cover the agency's estimated
52.9obligation for a period of 60 days or more. If the revolving account is abolished or
52.10liquidated, the total net profit from the operation of the account must be distributed to the
52.11various funds from which purchases were made. For a given period of time, the amount of
52.12total net profit to be distributed to each fund must reflect the same ratio of total purchases
52.13attributable to each fund divided by the total purchases from all funds.
52.14 Subd. 6. Accountability. The chief geospatial information officer is appointed by
52.15the commissioner of administration and must work closely with the Minnesota chief
52.16information officer who shall advise on technology projects, standards, and services.
52.17 Subd. 7. Discretionary powers. The office may:
52.18(1) enter into contracts for goods or services with public or private organizations
52.19and charge fees for services it provides;
52.20(2) apply for, receive, and expend money from public agencies;
52.21(3) apply for, accept, and disburse grants and other aids from the federal government
52.22and other public or private sources;
52.23(4) enter into contracts with agencies of the federal government, local government
52.24units, the University of Minnesota and other educational institutions, and private persons
52.25and other nongovernment organizations as necessary to perform its statutory duties;
52.26(5) appoint committees and task forces to assist the office in carrying out its duties;
52.27(6) sponsor and conduct conferences and studies, collect and disseminate
52.28information, and issue reports relating to geospatial information and technology issues;
52.29(7) participate in the activities and conferences related to geospatial information
52.30and communications technology issues;
52.31(8) review the GIS technology infrastructure of regions of the state and cooperate
52.32with and make recommendations to the governor, legislature, state agencies, local
52.33governments, local technology development agencies, the federal government, private
52.34businesses, and individuals for the realization of GIS information and technology
52.35infrastructure development potential;
53.1(9) sponsor, support, and facilitate innovative and collaborative geospatial systems
53.2technology, data, and services projects; and
53.3(10) review and recommend alternative sourcing strategies for state geospatial
53.4information systems technology, data, and services.
53.5 Subd. 8. Geospatial advisory councils created. The chief geospatial information
53.6officer must establish a governance structure that includes advisory councils to provide
53.7recommendations for improving the operations and management of geospatial technology
53.8within state government and also on issues of importance to users of geospatial technology
53.9throughout the state.
53.10(a) A statewide geospatial advisory council must advise the Minnesota Geospatial
53.11Information Office regarding the improvement of services statewide through the
53.12coordinated, affordable, reliable, and effective use of geospatial technology. The
53.13commissioner of administration must appoint the members of the council. The members
53.14must represent a cross-section of organizations including counties, cities, universities,
53.15business, nonprofit organizations, federal agencies, and state agencies. No more than
53.1620 percent of the members may be employees of a state agency. In addition, the chief
53.17geospatial information officer must be a nonvoting member.
53.18(b) A state government geospatial advisory council must advise the Minnesota
53.19Geospatial Information Office on issues concerning improving state government services
53.20through the coordinated, affordable, reliable, and effective use of geospatial technology.
53.21The commissioner of administration must appoint the members of the council. The
53.22members must represent up to 15 state government agencies and constitutional offices,
53.23including the Office of Enterprise Technology and the Minnesota Geospatial Information
53.24Office. The council must be chaired by the chief geographic information officer. A
53.25representative of the statewide geospatial advisory council must serve as a nonvoting
53.26member.
53.27(c) Members of both the statewide geospatial advisory council and the state
53.28government advisory council must be recommended by a process that ensures that each
53.29member is designated to represent a clearly identified agency or interested party category
53.30and that complies with the state's open appointment process. Members shall serve a
53.31term of two years.
53.32(d) The Minnesota Geospatial Information Office must provide administrative
53.33support for both geospatial advisory councils.
53.34(e) This subdivision expires June 30, 2011.
53.35 Subd. 9. Report to legislature. By January 15, 2010, the chief geospatial
53.36information officer must provide a report to the chairs and ranking minority members of
54.1the legislative committees with jurisdiction over the policy and budget for the office. The
54.2report must address all statutes that refer to the land management information center
54.3or land management information system and provide any necessary draft legislation to
54.4implement any recommendations.
54.5EFFECTIVE DATE.This section is effective the day following final enactment.
54.6 Sec. 56. Minnesota Statutes 2008, section 16C.16, is amended by adding a subdivision
54.7to read:
54.8 Subd. 6a. Veteran-owned small businesses. (a) The commissioner shall award up
54.9to a six percent preference, but no less than the percentage awarded to any other group
54.10under this section, in the amount bid on state procurement to certified small businesses
54.11that are majority-owned and operated either:
54.12(1) by recently separated veterans, who are veterans as defined in section 197.447,
54.13who have served in active military service, at any time on or after September 11, 2001, and
54.14who have been discharged under honorable conditions from active service, as indicated by
54.15the person's United States Department of Defense form DD-214 or by the commissioner
54.16of veterans affairs; or
54.17(2) by veterans who are veterans as defined in section 197.447, with
54.18service-connected disabilities, as determined at any time by the United States Department
54.19of Veterans Affairs.
54.20(b) The purpose of this designation is to facilitate the transition of veterans from
54.21military to civilian life, and to help compensate veterans for their sacrifices, including but
54.22not limited to their sacrifice of health and time, to the state and nation during their military
54.23service, as well as to enhance economic development within Minnesota.
54.24(c) For purposes of this section and section 16C.19, "service-connected disability"
54.25has the meaning given in United States Code, title 38, section 101(16), as determined by
54.26the United States Department of Veterans Affairs.
54.27EFFECTIVE DATE.This section is effective July 1, 2009, and applies to
54.28procurement contract bid solicitations issued on and after that date.
54.29 Sec. 57. Minnesota Statutes 2008, section 16C.19, is amended to read:
54.3016C.19 ELIGIBILITY; RULES.
54.31(a) A small business wishing to participate in the programs under section
54.32subdivisions 4 to 7
54.33by rule standards and procedures for certifying that small businesses, small targeted group
54.34businesses, and small businesses located in economically disadvantaged areas are eligible
55.1to participate under the requirements of sections
55.2shall adopt by rule standards and procedures for hearing appeals and grievances and other
55.3rules necessary to carry out the duties set forth in sections
55.4(b) The commissioner may make rules which exclude or limit the participation of
55.5nonmanufacturing business, including third-party lessors, brokers, franchises, jobbers,
55.6manufacturers' representatives, and others from eligibility under sections
55.8(c) The commissioner may make rules that set time limits and other eligibility limits
55.9on business participation in programs under sections
55.10(d) Notwithstanding paragraph (c), for purposes of sections 16C.16 to 16C.21,
55.11a veteran-owned small business or service-disabled veteran-owned small business, the
55.12principal place of business of which is in Minnesota, is certified if:
55.13 (1) it has been verified by the United States Department of Veterans Affairs as being
55.14a veteran-owned small business in accordance with Public Law 109-461 and Code of
55.15Federal Regulations, title 38, part 74, and a majority of the owners of the business are
55.16recently separated veterans as provided in section 16C.16, subdivision 6a; or
55.17(2) it has been verified by the United States Department of Veterans Affairs as being
55.18a service-disabled veteran-owned small business in accordance with Public Law 109-461
55.19and Code of Federal Regulations, title 38, part 74.
55.20EFFECTIVE DATE.This section is effective July 1, 2009, and applies to
55.21procurement contract bid solicitations issued on and after that date.
55.22 Sec. 58. Minnesota Statutes 2008, section 16C.20, is amended to read:
55.2316C.20 CERTIFICATION.
55.24A business that is certified by the commissioner of administration as a small
55.25business, small targeted group business,
55.26disadvantaged area, or a veteran-owned small business is eligible to participate under the
55.27requirements of sections
55.28targeted group business, or veteran-owned small business, under section
55.29further certification by the contracting agency.
55.30EFFECTIVE DATE.This section is effective July 1, 2009, and applies to
55.31procurement contract bid solicitations issued on and after that date.
55.32 Sec. 59. [16E.22] STATEWIDE ELECTRONIC LICENSING SYSTEM.
55.33 Subdivision 1. Account established; appropriation. The statewide electronic
55.34licensing account is created in the special revenue fund. Receipts and transfers credited to
56.1the account are appropriated to the state chief information officer for completion of the
56.2Minnesota electronic licensing system, for transferring licensing agencies to the system,
56.3and for operation and maintenance of the system during the completion and transfer period.
56.4 Subd. 2. Requirements. The transfer of an existing electronic licensing system
56.5to the Minnesota electronic licensing system may not reduce the critical functionality
56.6provided by the existing system.
56.7 Subd. 3. Temporary licensing surcharge. (a) Except as provided in this
56.8subdivision, executive branch state agencies shall collect a temporary surcharge of ten
56.9percent of the licensing fee, but no less than $5 and no more than $150 on each business,
56.10commercial, professional, or occupational license that:
56.11(1) requires a fee; and
56.12(2) will be transferred to the Minnesota electronic licensing system, as determined
56.13by the state chief information officer.
56.14The surcharge applies to initial license applications and license renewals. Each agency
56.15that issues a license subject to this subdivision shall collect the surcharge for the license
56.16for up to six years between July 1, 2009, and June 30, 2015, as directed by the state
56.17chief information officer. Receipts from the surcharge shall be deposited in the statewide
56.18licensing account established in subdivision 1.
56.19(b) An agency may transfer an amount equivalent to the surcharge imposed under this
56.20section from existing license accounts to the statewide electronic licensing system account
56.21in lieu of collecting the surcharge required under this section. If a transfer is made under
56.22this subdivision or under section 45.24, the temporary surcharge required under paragraph
56.23(a) does not apply to the relevant license. Transfers received under this paragraph shall be
56.24deposited in the statewide licensing account established in subdivision 1.
56.25(c) In lieu of collecting the surcharge imposed in paragraph (a), during each fiscal
56.26year beginning July 1, 2009, and ending June 30, 2015, one or more health-related boards
56.27established in chapter 214 may transfer funds from the health occupations licensing
56.28account in the state government special revenue fund to the statewide electronic licensing
56.29system account to meet the requirements under paragraph (b). If the commissioner of
56.30finance determines that the balance of the health occupations licensing account established
56.31in section 214.06, subdivision 1a, is insufficient to make transfers under paragraph (b),
56.32then the temporary surcharge required under paragraph (a) must be applied to the relevant
56.33licenses.
56.34(d) Department of Commerce licensees who are paying for an existing electronic
56.35licensing database system under section 45.24 must not be required to pay the surcharge
56.36under this section.
57.1 Subd. 4. Contract authority. The state chief information officer may enter into
57.2a risk-share or phased agreement with a vendor to complete the Minnesota electronic
57.3licensing system and to transfer licensing agencies to the system, provided that the
57.4payment for the vendor's services under the agreement is limited to the revenue from the
57.5surcharge enacted under subdivision 3, after payment of state operating and maintenance
57.6costs. The agreement must clearly indicate that the state chief information officer may
57.7only expend amounts actually collected from the surcharge, after state operations and
57.8maintenance costs have been paid, in payment for the vendor's services and that the vendor
57.9assumes this risk when performing work under the contract. This section does not require
57.10the state chief information officer to pay the vendor the entire amount of the surcharge
57.11revenue that remains after payment of state operations and maintenance costs. Before
57.12entering into a contract under this subdivision, the state chief information officer must
57.13consult with the commissioner of finance regarding the implementation of the surcharge
57.14and the terms of the contract.
57.15 Subd. 5. Unused funds. Money remaining in the statewide electronic licensing
57.16account after payment of all costs of completing the Minnesota electronic licensing
57.17system, transferring licensing agencies to the system, and operating and maintaining
57.18the system during the completion and transfer period is appropriated to the state chief
57.19information officer for the costs of operating and maintaining the Minnesota electronic
57.20licensing system after the system has been completed.
57.21 Subd. 6. Priority. To the extent possible, in completing the Minnesota electronic
57.22licensing system, the state chief information officer must give priority to licenses that are
57.23not issued electronically. Licenses regulated by a health board under chapter 214 must not
57.24be transferred to the Minnesota electronic licensing system before July 1, 2011.
57.25 Subd. 7. Expiration. This section expires on June 30, 2017.
57.26 Sec. 60. Minnesota Statutes 2008, section 31.60, subdivision 1, is amended to read:
57.27 Subdivision 1. Division duties; director; personnel. A Meat Industry Division is
57.28created in the Department of Agriculture which shall enforce and administer laws enforced
57.29and administered by the commissioner of agriculture relating to meat, fish, and dressed
57.30poultry, except laws enforced and administered by the Division of Poultry Industries. The
57.31Meat Industry Division is under the supervision of a director in the classified service. The
57.32commissioner shall appoint the director
57.33
57.34 Sec. 61. Minnesota Statutes 2008, section 43A.1815, is amended to read:
58.143A.1815 VACATION DONATION TO SICK LEAVE ACCOUNT.
58.2 (a) In addition to donations under section
58.3a total of up to
58.4account of one or more state employees. A state employee may not be paid for more than
58.580 hours in a payroll period during which the employee uses sick leave credited to the
58.6employee's account as a result of a transfer from another state employee's vacation account.
58.7(b) The recipient employee must receive donations, as available, for a life-threatening
58.8condition of the employee or spouse or dependent child that prevents the employee
58.9from working. A recipient may use program donations retroactively to when all forms
58.10of paid leave are exhausted if the employee has sufficient donations to cover the period
58.11of retroactivity.
58.12(c) An applicant for benefits under this section who receives an unfavorable
58.13determination may select a designee to consult with the commissioner or commissioner's
58.14designee on the reasons for the determination.
58.15 (d) The commissioner shall establish procedures under section
58.164
58.17individual eligibility status, and other topics related to administration of this program.
58.18 Sec. 62. [43A.184] SICK LEAVE FOR VETERANS WITH SERVICE-RELATED
58.19DISABILITIES.
58.20On a form prescribed by the commissioner, a state employee who is a veteran with a
58.21service-related disability may apply to the employee's appointing authority for additional
58.22sick leave to receive treatment for the disability, as provided in this section. The employee
58.23must qualify as a veteran under section 197.447, and have a sick leave balance that is
58.24insufficient to receive treatment for the disability. If the appointing authority approves
58.25the request, the appointing authority shall authorize up to 40 hours of sick leave for the
58.26employee in the current fiscal year. The appointing authority may approve sick leave for
58.27an employee under this section one time in each fiscal year.
58.28 Sec. 63. [43A.325] BEST PRACTICES FOR INVESTIGATIONS.
58.29The commissioner of finance must develop and make available to appointing
58.30authorities in the executive branch a best practices policy for conducting investigations
58.31in which the appointing authority compels its employees to answer questions about
58.32allegedly inappropriate activity. The best practices policy must be designed to facilitate
58.33effective investigations, without compromising the ability to prosecute criminal cases
58.34when appropriate. Each appointing authority must follow the best practices policy or, in
59.1consultation with the attorney general, must develop its own policy for conducting these
59.2investigations.
59.3 Sec. 64. Minnesota Statutes 2008, section 43A.49, is amended to read:
59.443A.49 VOLUNTARY UNPAID LEAVE OF ABSENCE.
59.5(a) Appointing authorities in state government may allow each employee to take
59.6unpaid leaves of absence for up to 1,040 hours
59.7
59.8two-year period beginning July 1 of each odd-numbered year. Each appointing authority
59.9approving such a leave shall allow the employee to continue accruing vacation and sick
59.10leave, be eligible for paid holidays and insurance benefits, accrue seniority, and accrue
59.11service credit and credited salary in
59.12actually been employed during the time of leave. An employee covered by the unclassified
59.13plan may voluntarily make the employee contributions to the unclassified plan during the
59.14leave of absence. If the employee makes these contributions, the appointing authority
59.15must make the employer contribution. If the leave of absence is for one full pay period or
59.16longer, any holiday pay shall be included in the first payroll warrant after return from the
59.17leave of absence. The appointing authority shall attempt to grant requests for the unpaid
59.18leaves of absence consistent with the need to continue efficient operation of the agency.
59.19However, each appointing authority shall retain discretion to grant or refuse to grant
59.20requests for leaves of absence and to schedule and cancel leaves, subject to the applicable
59.21provisions of collective bargaining agreements and compensation plans.
59.22(b) To receive eligible service credit and credited salary in a defined benefit plan, the
59.23member shall pay an amount equal to the applicable employee contribution rates. If an
59.24employee pays the employee contribution for the period of the leave under this section,
59.25the appointing authority must pay the employer contribution. The appointing authority
59.26may, at its discretion, pay the employee contributions. Contributions must be made in a
59.27time and manner prescribed by the executive director of the
59.28applicable retirement
59.29 Sec. 65. [43A.55] MANAGEMENT ANALYSIS REVOLVING FUND.
59.30 Subdivision 1. Creation. The management analysis revolving fund is created in the
59.31state treasury.
59.32 Subd. 2. Appropriation and use of funds. Money in the management analysis
59.33revolving fund is appropriated annually to the commissioner to provide analytical,
59.34statistical, and organizational development services to state agencies, local units of
60.1government, metropolitan and regional agencies, school districts, and other public entities
60.2in the state.
60.3 Subd. 3. Reimbursements. Except as specifically provided otherwise, each
60.4agency shall reimburse the management analysis revolving fund for the cost of all
60.5services, supplies, materials, labor, and depreciation of equipment, including reasonable
60.6overhead costs, that the commissioner is authorized and directed to furnish an agency.
60.7The commissioner shall report the rates to be charged for the revolving fund no later than
60.8July 1 of each year to the chair of the committee or division of the senate or the house of
60.9representatives with primary jurisdiction over the budget of the Department of Finance.
60.10 Subd. 4. Cash flow. The commissioner may make appropriate transfers to the
60.11revolving fund according to section 16A.126. The commissioner may make allotment
60.12and encumbrances in anticipation of these transfers. In addition, the commissioner may
60.13require an agency to make advance payments to the revolving fund sufficient to cover
60.14the office's estimated obligation for a period of at least 60 days. All reimbursements
60.15and other money received by the commissioner under this section must be deposited in
60.16the management analysis revolving fund.
60.17 Subd. 5. Liquidation. If the management analysis revolving fund is abolished or
60.18liquidated, the total net profit from the operation of the fund must be distributed to the
60.19various funds from which purchases were made. For a given period of time, the amount of
60.20total net profit to be distributed to each fund shall reflect the same ratio of total purchases
60.21attributable to each fund divided by the total purchases from all funds.
60.22 Sec. 66. Minnesota Statutes 2008, section 45.24, is amended to read:
60.2345.24 LICENSE TECHNOLOGY FEES.
60.24 (a) The commissioner may establish and maintain an electronic licensing database
60.25system for license origination, renewal, and tracking the completion of continuing
60.26education requirements by individual licensees who have continuing education
60.27requirements, and other related purposes.
60.28 (b) The commissioner shall pay for the cost of operating and maintaining the
60.29electronic database system described in paragraph (a) through a technology surcharge
60.30imposed upon the fee for license origination and renewal, for individual licenses that
60.31require continuing education.
60.32 (c) The surcharge permitted under paragraph (b) shall be up to $40 for each two-year
60.33licensing period, except as otherwise provided in paragraph (f), and shall be payable at the
60.34time of license origination and renewal.
61.1 (d) The Commerce Department technology account is hereby created as an account
61.2in the special revenue fund.
61.3 (e) The commissioner shall deposit the surcharge permitted under this section in
61.4the account created in paragraph (d), and funds in the account are appropriated to the
61.5commissioner in the amounts needed for purposes of this section. The commissioner of
61.6finance shall transfer an amount determined by the commissioner of commerce from the
61.7account to the statewide electronic licensing system account under section 16E.22 for the
61.8costs of the statewide licensing system attributable to the inclusion of licenses subject
61.9to this section.
61.10 (f) The commissioner shall temporarily reduce or suspend the surcharge as necessary
61.11if the balance in the account created in paragraph (d) exceeds $2,000,000 as of the end of
61.12any calendar year and shall increase or decrease the surcharge as necessary to keep the
61.13fund balance at an adequate level but not in excess of $2,000,000.
61.14 Sec. 67. Minnesota Statutes 2008, section 128C.15, subdivision 3, is amended to read:
61.15 Subd. 3. Comparable worth. The league is a political subdivision under sections
61.17
61.18league does not arise before August 1, 1989, for failure to comply with sections
61.19to
61.20 Sec. 68. Minnesota Statutes 2008, section 144E.40, subdivision 2, is amended to read:
61.21 Subd. 2. Administration. (a) Unless paragraph (c) applies, consistent with the
61.22responsibilities of the State Board of Investment and the various ambulance services, the
61.23Cooper/Sams volunteer ambulance program must be administered by the Emergency
61.24Medical Services Regulatory Board. The administrative responsibilities of the board
61.25for the program relate solely to the record keeping, award application, and award
61.26payment functions. The State Board of Investment is responsible for the investment
61.27of the Cooper/Sams volunteer ambulance trust. The applicable ambulance service is
61.28responsible for determining, consistent with this chapter, who is a qualified ambulance
61.29service person, what constitutes a year of credited ambulance service, what constitutes
61.30sufficient documentation of a year of prior service, and for submission of all necessary
61.31data to the board in a manner consistent with this chapter. Determinations of an ambulance
61.32service are final.
61.33(b) The board may administer its assigned responsibilities regarding the program
61.34directly or may retain a qualified governmental or nongovernmental plan administrator
62.1under contract to administer those responsibilities regarding the program. A contract with
62.2a qualified plan administrator must be the result of an open competitive bidding process
62.3and must be reopened for competitive bidding at least once during every five-year period
62.4after July 1, 1993.
62.5(c) The commissioner of
62.6the options within state government for the most appropriate administration of pension
62.7plans or similar arrangements for emergency service personnel and recommend to the
62.8governor the most appropriate future pension plan or nonpension plan administrative
62.9arrangement for this chapter. If the governor concurs in the recommendation, the governor
62.10shall transfer the future administrative responsibilities relating to this chapter to that
62.11administrative agency.
62.12 Sec. 69. Minnesota Statutes 2008, section 161.321, is amended to read:
62.13161.321 SMALL BUSINESS CONTRACTS.
62.14 Subdivision 1. Definitions. For purposes of this section the following terms have
62.15the meanings given them, except where the context clearly indicates a different meaning is
62.16intended.
62.17(a) "Award" means the granting of a contract in accordance with all applicable laws
62.18and rules governing competitive bidding except as otherwise provided in this section.
62.19(b) "Contract" means an agreement entered into between a business entity and the
62.20state of Minnesota for the construction of transportation improvements.
62.21(c) "Subcontractor" means a business entity which enters into a legally binding
62.22agreement with another business entity which is a party to a contract as defined in
62.23paragraph (b).
62.24(d) "Targeted group business" means a business designated under section
62.25subdivision 5
62.26(e) "Veteran-owned small business" means a business designated under section
62.2716C.16, subdivision 6a.
62.28 Subd. 2. Small business set-asides. (a) The commissioner may award up to a six
62.29percent preference in the amount bid for specified construction work to small targeted
62.30group businesses and veteran-owned small businesses.
62.31(b) The commissioner may designate a contract for construction work for award only
62.32to small targeted group businesses if the commissioner determines that at least three small
62.33targeted group businesses are likely to bid. The commissioner may designate a contract for
62.34construction work for award only to veteran-owned small businesses if the commissioner
62.35determines that at least three veteran-owned small businesses are likely to bid.
63.1(c) The commissioner, as a condition of awarding a construction contract, may
63.2set goals that require the prime contractor to subcontract a portion of the contract to
63.3small targeted group businesses and veteran-owned small businesses. The commissioner
63.4must establish a procedure for granting waivers from the subcontracting requirement
63.5when qualified small targeted group businesses and veteran-owned small businesses
63.6are not reasonably available. The commissioner may establish financial incentives for
63.7prime contractors who exceed the goals for use of subcontractors and financial penalties
63.8for prime contractors who fail to meet goals under this paragraph. The subcontracting
63.9requirements of this paragraph do not apply to prime contractors who are small targeted
63.10group businesses or veteran-owned small businesses.
63.11(d) The commissioner may award up to a four percent preference in the amount bid
63.12on procurement to small businesses located in an economically disadvantaged area as
63.13defined in section
63.14 Subd. 3. Awards to small businesses. At least 75 percent of subcontracts awarded
63.15to small targeted group businesses must be performed by the business to which the
63.16subcontract is awarded or another small targeted group business. At least 75 percent
63.17of subcontracts awarded to veteran-owned small businesses must be performed by the
63.18business to which the subcontract is awarded or another veteran-owned small business.
63.19 Subd. 4. Awards, limitations. Contracts awarded pursuant to this section are
63.20subject to all limitations contained in rules adopted by the commissioner of administration.
63.21 Subd. 5. Recourse to other businesses. If the commissioner is unable to award
63.22a contract pursuant to the provisions of subdivisions 2 and 3, the award may be placed
63.23pursuant to the normal solicitation and award provisions set forth in this chapter and
63.24chapter 16C.
63.25 Subd. 6. Rules. The rules adopted by the commissioner of administration to define
63.26small businesses and to set time and other eligibility requirements for participation in
63.27programs under sections
63.28promulgate other rules necessary to carry out this section.
63.29 Subd. 7. Noncompetitive bids. The commissioner is encouraged to purchase
63.30from small targeted group businesses and veteran-owned small businesses designated
63.31under section
63.32procedures.
63.33 Subd. 8. Report by commissioner. The commissioner of transportation shall report
63.34to the commissioner of administration on compliance with this section. The information
63.35must be reported at the time and in the manner requested by the commissioner.
64.1EFFECTIVE DATE.This section is effective July 1, 2009, and applies to
64.2procurement contract bid solicitations issued on and after that date.
64.3 Sec. 70. Minnesota Statutes 2008, section 176.571, subdivision 1, is amended to read:
64.4 Subdivision 1. Preliminary investigation. When the head of a department has filed
64.5a report or the commissioner of administration has otherwise received information of
64.6the occurrence of an injury to a state employee for which liability to pay compensation
64.7may exist, the commissioner of administration shall make a preliminary investigation to
64.8determine the question of probable liability.
64.9In making this investigation, the commissioner of administration may require the
64.10assistance of the head of any department or any employee of the state. The commissioner
64.11of
64.12which appear in the records of any state department bearing on the issue.
64.13 Sec. 71. [270C.145] TECHNOLOGY LEASE-PURCHASE APPROPRIATION.
64.14$855,000 in fiscal year 2010; $853,000 in fiscal year 2011; and $2,519,000 in each
64.15fiscal year 2012 through 2019 is appropriated from the general fund to the commissioner
64.16to make payments under a lease-purchase agreement as defined in section 16A.81 for
64.17completing the purchase and development of an integrated tax software package; provided
64.18that the state is not obligated to continue the appropriation of funds or to make lease
64.19payments in any future fiscal year. Any unexpended portions of this appropriation cancel
64.20to the general fund at the close of each biennium. This section expires June 30, 2019.
64.21 Sec. 72. Minnesota Statutes 2008, section 270C.63, subdivision 13, is amended to read:
64.22 Subd. 13. Lien search fees. Upon request of any person, the filing officer shall issue
64.23a certificate showing whether there is recorded in that filing office, on the date and hour
64.24stated in the certificate, any notice of lien or certificate or notice affecting any lien filed
64.25on or after ten years before the date of the search certificate, naming a particular person,
64.26and giving the date and hour of filing of each notice or certificate naming the person. The
64.27fee for a certificate shall be as provided by section
64.28clause (3). Upon request, the filing officer shall furnish a copy of any notice of state lien,
64.29or notice or certificate affecting a state lien, for a fee of
64.30after the effective date of article 2, section 11, of this act, that section shall govern the fee
64.31charged by the secretary of state for a copy or electronically transmitted image.
64.32 Sec. 73. Minnesota Statutes 2008, section 302A.821, is amended to read:
65.1302A.821 MINNESOTA CORPORATE
65.2 Subdivision 1. Annual
65.3send annually to each corporation
65.4using the information provided by the corporation pursuant to section 5.002 or 5.34 or
65.5the articles of incorporation, a notice announcing the need to file the annual
65.6renewal and informing the corporation that the annual
65.7online and that paper filings may also be made, and informing the corporation that failing
65.8to file the annual
65.9corporation.
65.10(b) Each calendar year beginning in the calendar year following the calendar year
65.11in which a corporation incorporates, the corporation must file with the secretary of state
65.12by December 31 of each calendar year a
65.13listed in subdivision 2.
65.14 Subd. 2. Information required; manner of filing. The
65.15filing must be made pursuant to section 5.34.
65.16
65.17
65.18
65.19
65.20
65.21
65.22
65.23
65.24
65.25 Subd. 4. Penalty; reinstatement. (a) A corporation that has failed to file a
65.26
65.275.34 must be dissolved by the secretary of state as described in paragraph (b).
65.28 (b) If the corporation has not filed the
65.29the secretary of state must issue a certificate of administrative dissolution and the certificate
65.30must be filed in the Office of the Secretary of State. The secretary of state must make
65.31available in an electronic format the names of the dissolved corporations. A corporation
65.32dissolved in this manner is not entitled to the benefits of section
65.33any, of the shareholders of a corporation dissolved in this manner shall be determined and
65.34limited in accordance with section
65.35liability to any director of the corporation under section
66.1 (c) After administrative dissolution, filing a
66.2section 5.34 and the $25 fee with the secretary of state:
66.3 (1) returns the corporation to good standing as of the date of the dissolution;
66.4 (2) validates contracts or other acts within the authority of the articles, and the
66.5corporation is liable for those contracts or acts; and
66.6 (3) restores to the corporation all assets and rights of the corporation to the extent
66.7they were held by the corporation before the dissolution occurred, except to the extent that
66.8assets or rights were affected by acts occurring after the dissolution or sold or otherwise
66.9distributed after that time.
66.10 Sec. 74. Minnesota Statutes 2008, section 303.14, is amended to read:
66.11303.14 ANNUAL
66.12 Subdivision 1.
66.13year beginning in the calendar year following the calendar year in which a corporation
66.14receives a certificate of authority to do business in Minnesota, the secretary of state
66.15
66.16
66.17
66.18pursuant to section 5.002 or 5.34 or the application for certificate of authority, a notice
66.19announcing the need to file the annual renewal and informing the corporation that the
66.20annual renewal may be filed online and that paper filings may also be made, and informing
66.21the corporation that failing to file the annual renewal will result in an administrative
66.22dissolution or revocation of certificate of authority to do business in Minnesota.
66.23
66.24
66.25
66.26The corporation will submit a $115 fee with the annual
66.27set forth on the form
66.28
66.29
66.30
66.31
66.32
66.33
66.34
67.1 Sec. 75. Minnesota Statutes 2008, section 303.16, subdivision 4, is amended to read:
67.2 Subd. 4. Approval; filing. The application for withdrawal shall be delivered to
67.3the secretary of state. Upon receiving and examining the same, and upon finding that it
67.4conforms to the provisions of this chapter, the secretary of state shall, when all license
67.5fees, filing fees, and other charges other than the fee required by section 303.14 have been
67.6paid as required by law, file the same and shall issue and record a certificate of withdrawal.
67.7Upon the issuance of the certificate, the authority of the corporation to transact business
67.8in this state shall cease.
67.9 Sec. 76. Minnesota Statutes 2008, section 308A.995, is amended to read:
67.10308A.995
67.11 Subdivision 1.
67.12cooperative governed by this chapter must file
67.13with the secretary of state in each
67.14in which the cooperative was incorporated.
67.15
67.16
67.17
67.18
67.19information provided by the cooperative pursuant to section 5.002 or 5.34 or the articles of
67.20incorporation, a notice announcing the need to file the annual renewal and informing the
67.21cooperative that the annual renewal may be filed online and that paper filings may also be
67.22made, and informing the cooperative that failing to file the annual renewal will result in an
67.23administrative dissolution of the cooperative.
67.24
67.25
67.26
67.27 Subd. 2. Minnesota cooperative
67.28in which a
67.29state
67.30the items required by section 5.34.
67.31
67.32
67.33
67.34
68.1
68.2
68.3
68.4
68.5 Subd. 4. Penalty; dissolution. (a) A cooperative that has failed to file a
68.6renewal pursuant to the requirements of this section by December 31 of the calendar year
68.7for which the
68.8state as described in paragraph (b).
68.9 (b) If the cooperative has not filed the
68.10calendar year, the secretary of state must issue a certificate of involuntary dissolution, and
68.11the certificate must be filed in the Office of the Secretary of State. The secretary of state
68.12must make available in an electronic format the names of the dissolved cooperatives. A
68.13cooperative dissolved in this manner is not entitled to the benefits of section
68.14 Subd. 5. Reinstatement. A cooperative may retroactively reinstate its existence
68.15by filing a single annual
68.16
68.17(1) returns the cooperative to active status as of the date of the dissolution;
68.18(2) validates contracts or other acts within the authority of the articles, and the
68.19cooperative is liable for those contracts or acts; and
68.20(3) restores to the cooperative all assets and rights of the cooperative and its
68.21shareholders or members to the extent they were held by the cooperative and its
68.22shareholders or members before the dissolution occurred, except to the extent that
68.23assets or rights were affected by acts occurring after the dissolution or sold or otherwise
68.24distributed after that time.
68.25EFFECTIVE DATE.This section is effective 30 days after the secretary of state
68.26certifies that the information systems of the Office of the Secretary of State have been
68.27modified to implement this section.
68.28 Sec. 77. Minnesota Statutes 2008, section 308B.121, subdivision 1, is amended to read:
68.29 Subdivision 1.
68.30cooperative governed by this chapter
68.31
68.32of state
68.33calendar year after the calendar year in which the cooperative incorporated.
68.34The secretary of state
69.1
69.2
69.3
69.4
69.5information provided by the cooperative pursuant to section 5.002 or 5.34 or the articles of
69.6organization, a notice announcing the need to file the annual renewal and informing the
69.7cooperative that the annual renewal may be filed online and that paper filings may also
69.8be made, and informing the cooperative that failing to file the annual renewal will result
69.9in an administrative dissolution.
69.10
69.11
69.12
69.13
69.14
69.15
69.16EFFECTIVE DATE.This section is effective 30 days after the secretary of state
69.17certifies that the information systems of the Office of the Secretary of State have been
69.18modified to implement this section.
69.19 Sec. 78. Minnesota Statutes 2008, section 308B.121, subdivision 2, is amended to read:
69.20 Subd. 2.
69.21renewal is to be filed, a cooperative must file with the secretary of state
69.22December 31 of that calendar year a renewal containing
69.235.34.
69.24
69.25
69.26
69.27
69.28
69.29
69.30EFFECTIVE DATE.This section is effective 30 days after the secretary of state
69.31certifies that the information systems of the Office of the Secretary of State have been
69.32modified to implement this section.
69.33 Sec. 79. Minnesota Statutes 2008, section 317A.823, is amended to read:
69.34317A.823 ANNUAL CORPORATE
70.1 Subdivision 1. Annual
70.2send annually to each corporation
70.3information provided by the corporation pursuant to section 5.002 or 5.34 or the articles of
70.4incorporation, a
70.5and informing the corporation that the annual
70.6that paper filings may also be made, and informing the corporation that failing to file the
70.7annual
70.8 (b) Each calendar year beginning in the calendar year following the calendar year
70.9in which a corporation incorporates, a corporation must file with the secretary of state
70.10by December 31 of each calendar year a registration containing the information
70.11
70.12
70.13
70.14
70.15
70.16
70.17
70.18 Subd. 2. Penalty. (a) A corporation that has failed to file a
70.19pursuant to
70.20as described in paragraph (b).
70.21(b) If the corporation has not filed the delinquent
70.22of state must issue a certificate of involuntary dissolution, and the certificate must be filed
70.23in the Office of the Secretary of State. The secretary of state must also make available in
70.24an electronic format the names of the dissolved corporations. A corporation dissolved in
70.25this manner is not entitled to the benefits of section
70.26 Sec. 80. Minnesota Statutes 2008, section 321.0206, is amended to read:
70.27321.0206 DELIVERY TO AND FILING OF RECORDS BY SECRETARY OF
70.28STATE; EFFECTIVE TIME AND DATE.
70.29 (a) A record authorized or required to be delivered to the secretary of state for filing
70.30under this chapter must be captioned to describe the record's purpose, be in a medium
70.31permitted by the secretary of state, and be delivered to the secretary of state. Unless the
70.32secretary of state determines that a record does not comply with the filing requirements
70.33of this chapter, and if the appropriate filing fees have been paid, the secretary of state
70.34shall file the record and:
70.35 (1) for a statement of dissociation, send:
71.1 (A) a copy of the filed statement to the person which the statement indicates has
71.2dissociated as a general partner; and
71.3 (B) a copy of the filed statement to the limited partnership;
71.4 (2) for a statement of withdrawal, send:
71.5 (A) a copy of the filed statement to the person on whose behalf the record was
71.6filed; and
71.7 (B) if the statement refers to an existing limited partnership, a copy of the filed
71.8statement to the limited partnership; and
71.9 (3) for all other records, send a copy of the filed record to the person on whose
71.10behalf the record was filed.
71.11 (b) Upon request and payment of a fee, the secretary of state shall send to the
71.12requester a certified copy of the requested record.
71.13 (c) Except as otherwise provided in sections
71.14delivered to the secretary of state for filing under this chapter may specify an effective
71.15time and a delayed effective date. Except as otherwise provided in this chapter, a record
71.16filed by the secretary of state is effective:
71.17 (1) if the record does not specify an effective time and does not specify a delayed
71.18effective date, on the date and at the time the record is filed as evidenced by the secretary
71.19of state's endorsement of the date and time on the record;
71.20 (2) if the record specifies an effective time but not a delayed effective date, on the
71.21date the record is filed at the time specified in the record;
71.22 (3) if the record specifies a delayed effective date but not an effective time, at 12:01
71.23a.m. on the earlier of:
71.24 (A) the specified date; or
71.25 (B) the 30th day after the record is filed; or
71.26 (4) if the record specifies an effective time and a delayed effective date, at the
71.27specified time on the earlier of:
71.28 (A) the specified date; or
71.29 (B) the 30th day after the record is filed.
71.30 (d) The appropriate fees for filings under this chapter are:
71.31 (1) for filing a certificate of limited partnership, $100;
71.32 (2) for filing an amended certificate of limited partnership, $50;
71.33(3) for filing a name reservation for a limited partnership name, $35;
71.34
71.35section
71.36for filing,
72.1
72.2as a foreign limited partnership,
72.3
72.4
72.5
72.6section
72.7for filing on a foreign limited partnership authorized to transact business in Minnesota,
72.8$50.
72.9 Sec. 81. Minnesota Statutes 2008, section 321.0210, is amended to read:
72.10321.0210 ANNUAL
72.11 (a) Subject to subsection (b):
72.12 (1) in each calendar year following the calendar year in which a limited partnership
72.13becomes subject to this chapter, the limited partnership must deliver to the secretary of
72.14state for filing an annual
72.15subsection (c); and
72.16 (2) in each calendar year following the calendar year in which there is first on file
72.17with the secretary of state a certificate of authority under section
72.18foreign limited partnership, the foreign limited partnership must deliver to the secretary
72.19of state for filing an annual
72.20subsection (c).
72.21 (b) A limited partnership's obligation under subsection (a) ends if the limited
72.22partnership delivers to the secretary of state for filing a statement of termination under
72.23section
72.24limited partnership's obligation under subsection (a) ends if the secretary of state issues
72.25and files a certificate of revocation under section
72.26partnership delivers to the secretary of state for filing a notice of cancellation under
72.27section
72.28limited partnership's obligations under subsection (a) end and later the secretary of state
72.29files, pursuant to section
72.30limited partnership, subsection (a)(2), again applies to the foreign limited partnership and,
72.31for the purposes of subsection (a)(2), the calendar year of the new filing is treated as the
72.32calendar year in which a certificate of authority is first on file with the secretary of state.
72.33 (c) The annual
72.34
73.1
73.2
73.3
73.4
73.5
73.6
73.7
73.8
73.9
73.10 (d) The secretary of state shall:
73.11 (1) administratively dissolve under section
73.12failed to file a
73.13 (2) revoke under section
73.14partnership that has failed to file a
73.15 Sec. 82. Minnesota Statutes 2008, section 321.0810, is amended to read:
73.16321.0810 REINSTATEMENT FOLLOWING ADMINISTRATIVE
73.17DISSOLUTION.
73.18(a) A limited partnership that has been administratively dissolved or a foreign
73.19limited partnership that has had its certificate of authority revoked may
73.20
73.21
73.22the secretary of state for filing
73.23
73.24
73.25
73.26
73.27
73.28
73.29(b) If the secretary of state determines that
73.30the information required by subsection (a) and that the information is correct and
73.31
73.32the
73.33reinstate the limited partnership or foreign limited partnership.
73.34(c) When reinstatement becomes effective, it relates back to and takes effect as of the
73.35effective date of the administrative dissolution or revocation and the limited partnership
74.1may resume its activities as if the administrative dissolution or revocation had never
74.2occurred, except that for the purposes of section 321.0103(c) and (d) the reinstatement
74.3is effective only as of the date the reinstatement is filed.
74.4 Sec. 83. Minnesota Statutes 2008, section 322B.960, is amended to read:
74.5322B.960 ANNUAL
74.6 Subdivision 1. Annual
74.7
74.8
74.9pursuant to section 5.002 or 5.34 or the articles of organization, a notice announcing the
74.10need to file the annual
74.11that the annual
74.12made, and informing the limited liability company that failing to file the annual
74.13renewal will result in an administrative termination of the limited liability company or the
74.14revocation of the authority of the limited liability company to do business in Minnesota.
74.15(b) Each calendar year beginning in the calendar year following the calendar year in
74.16which a limited liability company files articles of organization, a limited liability company
74.17must file with the secretary of state by December 31 of each calendar year a
74.18renewal containing the
74.19
74.20
74.21
74.22
74.23
74.24
74.25
74.26
74.27
74.28
74.29 Subd. 4. Penalty. (a) A domestic limited liability company that has not filed
74.30a
74.31administratively terminated. The secretary of state shall issue a certificate of administrative
74.32termination which must be filed in the office of the secretary of state. The secretary of
74.33state must also make available in an electronic format the names of the terminated limited
74.34liability companies.
75.1(b) A non-Minnesota limited liability company that has not filed a
75.2renewal pursuant to
75.3to do business in Minnesota revoked. The secretary of state must issue a certificate of
75.4revocation which must be filed in the Office of the Secretary of State. The secretary
75.5of state must also make available in an electronic format the names of the revoked
75.6non-Minnesota limited liability companies.
75.7 Subd. 5. Reinstatement. If a limited liability company is administratively
75.8terminated or has its authority to do business in Minnesota revoked, it may retroactively
75.9reinstate its existence or authority to do business by filing a single annual
75.10renewal and paying a $25 fee.
75.11(a) For a domestic limited liability company, filing the annual
75.12with the secretary of state:
75.13(1) returns the limited liability company to active status as of the date of the
75.14administrative termination;
75.15(2) validates contracts or other acts within the authority of the articles, and the
75.16limited liability company is liable for those contracts or acts; and
75.17(3) restores to the limited liability company all assets and rights of the limited
75.18liability company and its members to the extent they were held by the limited liability
75.19company and its members before the administrative termination occurred, except to the
75.20extent that assets or rights were affected by acts occurring after the termination, sold, or
75.21otherwise distributed after that time.
75.22(b) For a non-Minnesota limited liability company, filing the annual
75.23renewal restores the limited liability company's ability to do business in Minnesota and
75.24the rights and privileges which accompany that authority.
75.25 Sec. 84. Minnesota Statutes 2008, section 323A.1003, is amended to read:
75.26323A.1003 ANNUAL
75.27 (a) Each calendar year beginning in the calendar year following the calendar year
75.28in which a partnership files a statement of qualification or in which a foreign partnership
75.29becomes authorized to transact business in this state, the secretary of state
75.30
75.31
75.32
75.33
75.34
75.35partnership or foreign partnership, using the information provided by the limited liability
76.1partnership pursuant to section 5.002 or 5.34 or the limited liability partnership statement
76.2of qualification, a notice. The
76.3need to file the annual renewal and will inform the partnership or foreign partnership that
76.4the annual renewal may be filed online and that paper filings may also be made and that
76.5
76.6in the revocation of the statement of qualification of this limited liability partnership.
76.7
76.8
76.9 (b) A limited liability partnership, and a foreign limited liability partnership
76.10authorized to transact business in this state, shall file an annual
76.11office of the secretary of state which contains
76.12
76.13
76.14
76.15
76.16
76.17
76.18
76.19
76.20
76.21
76.22 (c) An annual
76.23in the year following the calendar year in which a partnership files a statement of
76.24qualification or a foreign partnership becomes authorized to transact business in this state.
76.25 (d) The secretary of state must revoke the statement of qualification of a partnership
76.26that fails to file an annual
76.27secretary of state must issue a certificate of revocation which must be filed in the office
76.28of the secretary of state. The secretary of state must also make available in an electronic
76.29format the names of the revoked limited liability companies.
76.30 (e) A revocation under subsection (d) only affects a partnership's status as a limited
76.31liability partnership and is not an event of dissolution of the partnership.
76.32 (f) A partnership whose statement of qualification has been revoked may apply
76.33to the secretary of state for reinstatement
76.34
76.35reinstatement and pay a reinstatement fee of
77.1 (g) A reinstatement under subsection (f) relates back to and takes effect as of
77.2the effective date of the revocation, and the partnership's status as a limited liability
77.3partnership continues as if the revocation had never occurred.
77.4 Sec. 85. Minnesota Statutes 2008, section 333.055, is amended to read:
77.5333.055 TERM OF CERTIFICATE.
77.6 Subdivision 1. Application and renewal. Filing of a certificate hereunder shall be
77.7effective
77.8
77.9
77.10annual renewal for the certificate
77.11
77.12
77.13filing was filed. The certificate expires in the calendar year following a calendar year in
77.14which the annual renewal was not filed. Notice of the annual renewal requirement must be
77.15provided to the person or entity submitting the certificate at the time of the original filing.
77.16
77.17
77.18
77.19Assumed name certificates on file with the secretary of state upon the effective
77.20date of this section are exempt from the renewal requirements of this section until the
77.21expiration of the original ten-year term.
77.22 Subd. 2.
77.23
77.24
77.25
77.26
77.27
77.28
77.29to file the annual renewal may be reinstated by filing the annual renewal with the $25
77.30reinstatement fee.
77.31 Subd. 2a. Annual renewal; contents. The annual renewal filed under subdivision 1
77.32must include the assumed name and the address of the principal place of business.
78.1 Subd. 3. Fees. The secretary of state shall charge and collect
78.2each filing submitted with respect to an assumed name except for the annual renewal,
78.3for which no fee will be charged.
78.4
78.5
78.6 Subd. 4. Secretary of state duties. The secretary of state shall accept for filing all
78.7certificates and renewals thereof which comply with the provisions of sections
78.9the assumed name disclosed therein may not be distinguishable from one or more other
78.10assumed names already filed with the secretary of state. The secretary of state shall not
78.11accept for filing a certificate that discloses an assumed name that is not distinguishable
78.12from a corporate, limited liability company, limited liability partnership, cooperative, or
78.13limited partnership name in use or reserved in this state by another or a trade or service
78.14mark registered with the secretary of state, unless there is filed with the certificate a written
78.15consent, court decree of prior right, or affidavit of nonuser of the kind required by section
78.17is distinguishable from another name for purposes of this subdivision.
78.18EFFECTIVE DATE; APPLICATION.This section is effective 30 days after the
78.19secretary of state certifies that the information systems of the Office of the Secretary of
78.20State have been modified to implement this section, and this section applies to all existing
78.21and new assumed name certificates on and after that date.
78.22 Sec. 86. Minnesota Statutes 2008, section 336A.04, subdivision 3, is amended to read:
78.23 Subd. 3. Fees. The fee for filing and indexing a standard form or format for a lien
78.24notice, effective financing statement, or continuation statement, and stamping the date and
78.25place of filing on a copy of the filed document furnished by the filing party is
78.26
78.27(1) $20 for each effective financing statement and $15 for each lien notice or other
78.28filing made through the Web interface of the Office of the Secretary of State;
78.29(2) $25 for each effective financing statement and $20 for each lien notice or other
78.30filing submitted in any other manner
78.31(3) no fee will be charged for filing a termination statement.
78.32Filing fees collected by a satellite office must be deposited in the general fund of the
78.33county in which the satellite office is located.
78.34 Sec. 87. Minnesota Statutes 2008, section 336A.09, subdivision 2, is amended to read:
79.1 Subd. 2. Searches; fees. (a) If a person makes a request, the filing officer shall
79.2conduct a search of the computerized filing system for effective financing statements or
79.3lien notices and statements of continuation of a particular debtor. The filing officer shall
79.4produce a report including the date, time, and results of the search by issuing:
79.5(1) a listing of the file number, date, and hour of each effective financing statement
79.6found in the search and the names and addresses of each secured party on the effective
79.7financing statements or of each lien notice found in the search and the names and address
79.8of each lienholder on the lien notice; or
79.9(2) upon request, both the report and photocopies of the effective financing
79.10statements or lien notices.
79.11(b) The uniform fee for conducting a search and for preparing a report is $20 per
79.12debtor name.
79.13
79.14photocopies of effective financing statements, lien notices, continuation statements, or
79.15termination statements.
79.16(c) Search fees collected by a satellite office must be deposited in the general fund of
79.17the county where the satellite office is located.
79.18 Sec. 88. Minnesota Statutes 2008, section 359.01, subdivision 3, is amended to read:
79.19 Subd. 3. Fees. (a) When making application for a commission the applicant must
79.20submit, along with the information required by the secretary of state, a nonrefundable
79.21fee of $40.
79.22(b) All fees shall be retained by the secretary of state and are nonreturnable, except
79.23
79.24 Sec. 89. Minnesota Statutes 2008, section 383B.72, is amended to read:
79.25383B.72 LAND ACQUISITION; TOWN CONSENT.
79.26Notwithstanding the provisions of section
79.27Commissioners of the Three Rivers Park District, before acquiring by purchase or
79.28condemnation real estate located within the boundaries of any organized town in Hennepin
79.29County,
79.30
79.31
79.32secure the consent of the town board of such town to such acquisition, by resolution duly
79.33adopted by such board.
80.1 Sec. 90. Minnesota Statutes 2008, section 469.175, subdivision 1, is amended to read:
80.2 Subdivision 1. Tax increment financing plan. (a) A tax increment financing plan
80.3shall contain:
80.4 (1) a statement of objectives of an authority for the improvement of a project;
80.5 (2) a statement as to
80.6within the project, if any, that the authority intends to acquire, identified by parcel number,
80.7identifiable property name, block, or other appropriate means indicating the area in which
80.8the authority intends to acquire properties;
80.9 (3) a list of any development activities that the plan proposes to take place within
80.10the project,
80.11
80.12including the names of the parties
80.13governed by the
80.14the expected date of completion of that activity;
80.15 (4) identification or description of the type of any other specific development
80.16reasonably expected to take place within the
80.17development is likely to occur;
80.18 (5) estimates of the following:
80.19 (i) cost of the project, including administrative expenses,
80.20
80.21
80.22
80.23financing cost, which will be paid or financed with tax increments from the district, but
80.24not to exceed the estimated tax increment generated by the development activity;
80.25 (ii) amount of
80.26 (iii)
80.27
80.28increment financing district and within any subdistrict;
80.29
80.30at completion; and
80.31
80.32existence;
80.33 (6) statements of the authority's alternate estimates of the impact of tax increment
80.34financing on the net tax capacities of all taxing jurisdictions in which the tax increment
80.35financing district is located in whole or in part. For purposes of one statement, the
80.36authority shall assume that the estimated captured net tax capacity would be available to
81.1the taxing jurisdictions without creation of the district, and for purposes of the second
81.2statement, the authority shall assume that none of the estimated captured net tax capacity
81.3would be available to the taxing jurisdictions without creation of the district or subdistrict;
81.4 (7) identification and description of studies and analyses used to make the
81.5determination set forth in subdivision 3, clause (2); and
81.6 (8) identification of all parcels to be included in the district or any subdistrict.
81.7 (b) The authority may specify in the tax increment financing plan the first year in
81.8which it elects to receive increment, up to four years following the year of approval of the
81.9district. This paragraph does not apply to an economic development district.
81.10EFFECTIVE DATE.This section is effective for tax increment financing plans
81.11approved after June 30, 2009.
81.12 Sec. 91. Minnesota Statutes 2008, section 469.175, subdivision 6, is amended to read:
81.13 Subd. 6. Annual financial reporting. (a) The state auditor shall develop a uniform
81.14system of accounting and financial reporting for tax increment financing districts. The
81.15system of accounting and financial reporting shall, as nearly as possible:
81.16(1) provide for full disclosure of the sources and uses of
81.17increments of the district;
81.18(2) permit comparison and reconciliation with the affected local government's
81.19accounts and financial reports;
81.20(3) permit auditing of the funds expended on behalf of a district, including a single
81.21district that is part of a multidistrict project or that is funded in part or whole through
81.22the use of a development account funded with tax increments from other districts or
81.23with other public money;
81.24(4) be consistent with generally accepted accounting principles.
81.25(b) The authority must annually submit to the state auditor a financial report
81.26in compliance with paragraph (a). Copies of the report must also be provided to the
81.27county auditor and to the governing body of the municipality, if the authority is not
81.28the municipality. To the extent necessary to permit compliance with the requirement
81.29of financial reporting, the county and any other appropriate local government unit or
81.30private entity must provide the necessary records or information to the authority or the
81.31state auditor as provided by the system of accounting and financial reporting developed
81.32pursuant to paragraph (a). The authority must submit the annual report for a year on or
81.33before August 1 of the next year.
81.34(c) The annual financial report must also include the following items:
82.1(1) the original net tax capacity of the district and any subdistrict under section
82.3(2) the net tax capacity for the reporting period of the district and any subdistrict;
82.4(3) the captured net tax capacity of the district;
82.5(4) any fiscal disparity deduction from the captured net tax capacity under section
82.7(5) the captured net tax capacity retained for tax increment financing under section
82.9(6) any captured net tax capacity distributed among affected taxing districts under
82.10section
82.11(7) the type of district;
82.12(8) the date the municipality approved the tax increment financing plan and the
82.13date of approval of any modification of the tax increment financing plan, the approval of
82.14which requires notice, discussion, a public hearing, and findings under subdivision 4,
82.15paragraph (a);
82.16(9) the date the authority first requested certification of the original net tax capacity
82.17of the district and the date of the request for certification regarding any parcel added
82.18to the district;
82.19(10) the date the county auditor first certified the original net tax capacity of the
82.20district and the date of certification of the original net tax capacity of any parcel added
82.21to the district;
82.22(11) the month and year in which the authority has received or anticipates it will
82.23receive the first increment from the district;
82.24(12) the date the district must be decertified;
82.25(13) for the reporting period and prior years of the district, the actual amount
82.26received from, at least, the following categories:
82.27(i) tax increments paid by the captured net tax capacity retained for tax increment
82.28financing under section
82.29any excess taxes;
82.30(ii) tax increments that are interest or other investment earnings on or from tax
82.31increments;
82.32(iii) tax increments that are proceeds from the sale or lease of property, tangible or
82.33intangible, purchased by the authority with tax increments;
82.34(iv) tax increments that are repayments of loans or other advances made by the
82.35authority with tax increments;
82.36(v) bond
83.1(vi)
83.2
83.3
83.4
83.5(14) for the reporting period and for the prior years of the district, the actual amount
83.6expended for, at least, the following categories:
83.7(i) acquisition of land and buildings through condemnation or purchase;
83.8(ii) site improvements or preparation costs;
83.9(iii) installation of public utilities, parking facilities, streets, roads, sidewalks, or
83.10other similar public improvements;
83.11(iv) administrative costs, including the allocated cost of the authority; and
83.12(v)
83.13
83.14housing;
83.15
83.16(15) the amount of any payments for activities and improvements located outside of
83.17the district that are paid for or financed with tax increments;
83.18(16) the amount of payments of principal and interest that are made during the
83.19reporting period on any nondefeased:
83.20(i) general obligation tax increment financing bonds;
83.21(ii) other tax increment financing bonds, including pay-as-you-go contracts and
83.22notes;
83.23
83.24(17) the principal amount, at the end of the reporting period, of any nondefeased:
83.25(i) general obligation tax increment financing bonds;
83.26(ii) other tax increment financing bonds, including pay as you go contracts and
83.27notes;
83.28
83.29(18) the amount of principal and interest payments that are due for the current
83.30calendar year on any nondefeased:
83.31(i) general obligation tax increment financing bonds; and
83.32(ii) other tax increment financing bonds, including pay-as-you-go contracts and
83.33notes; and
83.34
83.35(19) if the fiscal disparities contribution under chapter 276A or 473F for the district
83.36is computed under section
84.1increased property taxes
84.2
84.3from outside the tax increment financing district; and
84.4(20)
84.5
84.6
84.7
84.8(d)
84.9
84.10
84.11
84.12certified before, on, and after August 1, 1979.
84.13EFFECTIVE DATE.This section is effective for tax increment financing reports
84.14due after December 31, 2009.
84.15 Sec. 92. Minnesota Statutes 2008, section 471.345, subdivision 15, is amended to read:
84.16 Subd. 15. Cooperative purchasing. (a) Municipalities may contract for the
84.17purchase of supplies, materials, or equipment by utilizing contracts that are available
84.18through the state's cooperative purchasing venture authorized by section 16C.11 . For a
84.19contract estimated to exceed $25,000, a municipality must consider the availability, price
84.20and quality of supplies, materials, or equipment available through the state's cooperative
84.21purchasing venture before purchasing through another source.
84.22(b) If a municipality does not utilize the state's cooperative purchasing venture, a
84.23municipality may contract for the purchase of supplies, materials, or equipment without
84.24regard to the competitive bidding requirements of this section if the purchase is through
84.25a national municipal association's purchasing alliance or cooperative created by a joint
84.26powers agreement that purchases items from more than one source on the basis of
84.27competitive bids or competitive quotations.
84.28 Sec. 93. Minnesota Statutes 2008, section 473.142, is amended to read:
84.29473.142 SMALL BUSINESSES.
84.30(a) The Metropolitan Council and agencies specified in section
84.311
84.32or services to small targeted group businesses and veteran-owned small businesses
84.33designated under section
85.1(b) The council and each agency specified in section
85.2designate a purchase of goods or services for award only to small targeted group businesses
85.3designated under section
85.4small targeted group businesses are likely to bid. The council and each agency specified in
85.5section 473.143, subdivision 1, may designate a purchase of goods or services for award
85.6only to veteran-owned small businesses designated under section 16C.16 if the council or
85.7agency determines that at least three veteran-owned small businesses are likely to bid.
85.8(c) The council and each agency specified in section
85.9condition of awarding a construction contract or approving a contract for consultant,
85.10professional, or technical services, may set goals that require the prime contractor
85.11to subcontract a portion of the contract to small targeted group businesses and
85.12veteran-owned small businesses designated under section
85.13must establish a procedure for granting waivers from the subcontracting requirement
85.14when qualified small targeted group businesses and veteran-owned small businesses are
85.15not reasonably available. The council or agency may establish financial incentives for
85.16prime contractors who exceed the goals for use of subcontractors and financial penalties
85.17for prime contractors who fail to meet goals under this paragraph. The subcontracting
85.18requirements of this paragraph do not apply to prime contractors who are small targeted
85.19group businesses and veteran-owned small businesses. At least 75 percent of the value of
85.20the subcontracts awarded to small targeted group businesses under this paragraph must
85.21be performed by the business to which the subcontract is awarded or by another small
85.22targeted group business. At least 75 percent of the value of the subcontracts awarded to
85.23veteran-owned small businesses under this paragraph must be performed by the business
85.24to which the subcontract is awarded or another veteran-owned small business.
85.25(d) The council and each agency listed in section
85.26encouraged to purchase from small targeted group businesses and veteran-owned small
85.27businesses designated under section
85.28competitive bidding procedures.
85.29(e) The council and each agency may adopt rules to implement this section.
85.30(f) Each council or agency contract must require the prime contractor to pay any
85.31subcontractor within ten days of the prime contractor's receipt of payment from the
85.32council or agency for undisputed services provided by the subcontractor. The contract
85.33must require the prime contractor to pay interest of 1-1/2 percent per month or any
85.34part of a month to the subcontractor on any undisputed amount not paid on time to the
85.35subcontractor. The minimum monthly interest penalty payment for an unpaid balance of
85.36$100 or more is $10. For an unpaid balance of less than $100, the prime contractor shall
86.1pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil
86.2action to collect interest penalties from a prime contractor must be awarded its costs and
86.3disbursements, including attorney fees, incurred in bringing the action.
86.4(g) This section does not apply to procurement financed in whole or in part
86.5with federal funds if the procurement is subject to federal disadvantaged, minority, or
86.6women business enterprise regulations. The council and each agency shall report to the
86.7commissioner of administration on compliance with this section. The information must be
86.8reported at the time and in the manner requested by the commissioner.
86.9EFFECTIVE DATE.This section is effective July 1, 2009, and applies to
86.10procurement contract bid solicitations issued on and after that date.
86.11 Sec. 94. Minnesota Statutes 2008, section 480.181, subdivision 2, is amended to read:
86.12 Subd. 2. Election to retain insurance and benefits; retirement. (a) Before a
86.13person is transferred to state employment under this section, the person may elect to do
86.14either or both of the following:
86.15(1) keep life insurance; hospital, medical, and dental insurance; and vacation and
86.16sick leave benefits and accumulated time provided by the county instead of receiving
86.17benefits from the state under the judicial branch personnel rules; or
86.18(2) remain a member of the Public Employees Retirement Association or the
86.19Minneapolis employees retirement fund instead of joining the Minnesota State Retirement
86.20System.
86.21Employees who make an election under clause (1) remain on the county payroll,
86.22but the state shall reimburse the county on a quarterly basis for the salary and cost of the
86.23benefits provided by the county. The state shall make the employer contribution to the
86.24Public Employees Retirement Association or the employer contribution under section
86.26employees who make an election under clause (2).
86.27(b) An employee who makes an election under paragraph (a), clause (1), may revoke
86.28the election, once, at any time, but if the employee revokes the election, the employee
86.29cannot make another election. An employee who makes an election under paragraph (a),
86.30clause (2), may revoke the election at any time within six months after the person becomes
86.31a state employee. Once an employee revokes this election, the employee cannot make
86.32another election.
86.33(c) The Supreme Court, after consultation with the Judicial Council, the
86.34commissioner of
87.1of the Public Employees Retirement Association and the Minnesota State Retirement
87.2Association, shall adopt procedures for making elections under this section.
87.3(d) The Supreme Court shall notify all affected employees of the options available
87.4under this section. The executive directors of the Public Employees Retirement
87.5Association and the Minnesota State Retirement System shall provide counseling to
87.6affected employees on the effect of making an election to remain a member of the Public
87.7Employees Retirement Association.
87.8 Sec. 95. Laws 2005, chapter 162, section 34, subdivision 2, is amended to read:
87.9 Subd. 2. Optical scan equipment. $6,000,000 is appropriated from the Help
87.10America Vote Act account to the secretary of state for grants to counties to purchase
87.11optical scan voting equipment. Counties are eligible for grants to the extent that they
87.12decide to purchase ballot marking machines and as a result do not have sufficient Help
87.13America Vote Act grant money remaining to also purchase a compatible precinct-based
87.14optical scan machine or central-count machine. These grants must be allocated to counties
87.15at a rate of $3,000 per eligible precinct until the appropriation is exhausted, with priority
87.16in the payment of grants to be given to counties currently using hand- and central-count
87.17voting systems and counties using precinct-count optical scan voting systems incompatible
87.18with assistive voting systems or ballot marking machines. This appropriation is available
87.19until June 30,
87.20EFFECTIVE DATE.This section is effective June 30, 2009.
87.21 Sec. 96. Laws 2006, chapter 218, section 6, is amended to read:
87.22 Sec. 6. SUNSET.
87.23The implementation and steering task force established in section 2 expires on
87.24December 31,
87.25 Sec. 97. RULE AMENDMENT.
87.26The commissioner of public safety must amend Minnesota Rules, part 7525.0400,
87.27and any other rules as necessary to conform to section 16B.24, subdivision 5b. The
87.28commissioner may use the good cause exemption, under authority of Minnesota Statutes,
87.29section 14.388, subdivision 1, clause (3), to amend rules to conform with section 16B.24,
87.30subdivision 5b.
87.31EFFECTIVE DATE.This section is effective the day following final enactment.
87.32 Sec. 98. RACING LICENSE FEE RATIFICATION.
88.1The changes in license fees proposed for Minnesota Rules, part 7877.0120, subpart
88.21, as published in the State Register on Monday, November 10, 2008, are ratified.
88.3EFFECTIVE DATE.This section is effective the day following final enactment.
88.4 Sec. 99. TRAINING SERVICES.
88.5During the biennium ending June 30, 2011, state executive branch agencies must
88.6consider using services provided by government training services before contracting with
88.7other outside vendors for similar services.
88.8 Sec. 100. RENTAL COST SAVINGS.
88.9The commissioner of administration must report to the chairs and ranking minority
88.10members of the senate and house committees with jurisdiction over state government
88.11finance by January 15, 2010, on savings in state agency costs for rental space in
88.12state-owned and state-leased buildings that can be achieved by expected decreases in
88.13agency complement and that could be achieved by encouraging or requiring increased
88.14telecommuting by state employees. The report must estimate savings by agency and by
88.15fund, and must estimate when these savings can be realized.
88.16 Sec. 101. CASH FLOW STUDY.
88.17 By January 15, 2010, the commissioner of finance must submit to the chair
88.18and ranking minority member of the Finance Committee in the senate and the chair
88.19and ranking minority member of the Ways and Means Committee in the house of
88.20representatives, a report on the cash flow condition of the general fund for the fiscal
88.21year 2010-2011 biennium and the following biennium, including an assessment of the
88.22options for improving the long-term cash flow of the state through changes in the timing
88.23of general fund payment dates, revenue collections, or other changes. In addition, the
88.24report should identify all major provisions of law that result in state expenditures or
88.25revenues being recognized in budget documents in a fiscal year earlier or later than the
88.26fiscal year in which the obligation to pay state expenses was incurred or the liability
88.27to pay state taxes was incurred.
88.28 Sec. 102. COLOCATION REPORT.
88.29The Management Analysis Division of the Department of Finance must study and
88.30report to the legislature by January 15, 2010, on possible colocation of the offices of the
88.31Council on Black Minnesotans, the Council on Affairs of Chicano/Latino People, the
88.32Council on Asian-Pacific Minnesotans, and the metropolitan area office of the Indian
88.33Affairs Council. The report must include analysis of potential cost savings, when those
89.1savings could be realized, and the effect of potential colocation on operations of the
89.2councils.
89.3EFFECTIVE DATE.This section is effective the day following final enactment.
89.4 Sec. 103. TRANSFER OF ASSETS, EMPLOYEES, EQUIPMENT, AND
89.5SUPPLIES.
89.6The existing funds, assets, employees, equipment, and supplies of the Land
89.7Management Information Center are transferred to the Minnesota Geospatial Information
89.8Office according to Minnesota Statutes, section 15.039.
89.9EFFECTIVE DATE.This section is effective the day following final enactment.
89.10 Sec. 104. TECHNOLOGY LEASE-PURCHASE AUTHORIZATION.
89.11 Subdivision 1. Lease-purchase agreements. The commissioner of finance shall
89.12enter into one or more lease-purchase agreements as defined in Minnesota Statutes, section
89.1316A.81, to finance the two projects in subdivisions 2 and 3.
89.14 Subd. 2. Replacement of state's accounting and procurement systems.
89.15Proceeds of lease-purchase agreements and the issuance and sale of related certificates
89.16of participation are appropriated to the commissioner of finance for development and
89.17implementation of a new statewide accounting and procurement system.
89.18 Subd. 3. Completion of integrated tax system. Proceeds of lease-purchase
89.19agreements and the issuance and sale of related certificates of participation are appropriated
89.20to the commissioner of revenue for completing the purchase and implementation of an
89.21integrated tax software package.
89.22EFFECTIVE DATE.This section is effective the day following final enactment.
89.23 Sec. 105. INFORMATION TECHNOLOGY STUDY.
89.24The chief information officer of the Office of Enterprise Technology, in consultation
89.25with heads of other executive agencies, must report to the chairs and ranking members
89.26of the senate and house of representatives committees on state government finance by
89.27January 15, 2010, on an interim basis and by July 1, 2010, on a plan to transfer from
89.28other state agencies to the Office of Enterprise Technology state employees whose work
89.29primarily relates to development, upgrading, replacement, help desk, problem resolution,
89.30or maintenance of state data centers, system software, data networks, servers, workstations
89.31and office systems. The report must include an estimate of the number of employees who
89.32would be transferred, an estimate of enterprise costs savings, an analysis of potential
90.1improvements in operations and agency-required service levels, a cost comparison of
90.2alternatives to the transfer plan including insourcing, shared services, outsourcing, and
90.3co-sourcing, and a proposed transition plan and schedule. State agencies must participate
90.4and provide information necessary for the Office of Enterprise Technology to comply
90.5with this section.
90.6 Sec. 106. ENTERPRISE REAL PROPERTY CONTRIBUTIONS.
90.7On or before June 1, 2009, the commissioner of administration shall determine the
90.8amount to be contributed by each executive agency to maintain the enterprise real property
90.9technology system for the fiscal year 2010 and fiscal year 2011 biennium. On or before
90.10June 15, 2009, each executive agency shall enter into an agreement with the commissioner
90.11of administration setting forth the manner in which the executive agency shall make its
90.12contribution to the enterprise real property system, either from uncommitted fiscal year
90.132009 funds or by contributing from fiscal year 2010 and fiscal year 2011 funds to the real
90.14property enterprise system and services account to fund the total amount of $399,000 for
90.15the biennium. Funds contributed under this section must be credited to the enterprise real
90.16property technology system and services account.
90.17EFFECTIVE DATE.This section is effective the day following final enactment.
90.18 Sec. 107. REVISOR'S INSTRUCTION.
90.19In the next edition of Minnesota Statutes and Minnesota Rules, the revisor of
90.20statutes shall substitute the term "Land Management Information Center" with the term
90.21"Minnesota Geospatial Information Office," wherever they appear in Minnesota Statutes
90.22and Minnesota Rules.
90.23EFFECTIVE DATE.This section is effective the day following final enactment.
90.24 Sec. 108. REVISOR'S INSTRUCTION.
90.25In the next edition of Minnesota Statutes, the revisor of statutes shall substitute the
90.26term "United States Information Agency" with the term "Office of Exchange Coordination
90.27and Designation, United States Department of State" wherever the term appears in
90.28Minnesota Statutes.
90.29 Sec. 109. REVISOR'S INSTRUCTION.
90.30The revisor of statutes shall change any reference to the commissioner of finance
90.31or the Department of Finance, or any derivation of those terms, to the commissioner of
90.32management and budget or the Department of Management and Budget wherever these
90.33terms appear in Minnesota Statutes or Minnesota Rules.
91.1 Sec. 110. REPEALER.
91.2(a) Minnesota Statutes 2008, sections 240A.08; and 471.9981, subdivision 1, are
91.3repealed.
91.4(b) Minnesota Statutes 2008, section 4A.05, is repealed the day following final
91.5enactment.
91.6(c) Minnesota Statutes 2008, section 16C.046, is repealed effective the day
91.7following certification by the commissioner of finance that a new statewide accounting
91.8and procurement system has been implemented.
91.9(d) If H.F. No. 1122 is enacted in the 2009 regular session, the sections of that bill
91.10amending Minnesota Statutes, sections 16C.16, by adding a subdivision; 16C.19; 16C.20;
91.11161.321; and 473.142, are repealed."
91.12Delete the title and insert:
91.14relating to government operations; modifying provisions for general legislative
91.15and administrative expenses of state government; regulating state and local
91.16government operations; improving state internal controls and financial
91.17management; changing strategic and long-range planning provisions; changing
91.18provisions for business registration renewals; instituting a false claims cause of
91.19action; requiring a Web site with a searchable database on state expenditures;
91.20modifying provisions for misappropriation of state funds; requiring a review
91.21of the budget reserve percentage; establishing technology development
91.22lease-purchase financing; creating the enterprise real property account;
91.23creating the geospatial information office; establishing a veteran-owned small
91.24business preference; establishing a statewide electronic licensing system;
91.25modifying donated sick leave provisions; establishing best practices policy for
91.26investigations; creating the management analysis revolving fund; changing
91.27provisions on small business contracts; changing provisions for corporation and
91.28partnership filings and renewals with the secretary of state; imposing civil and
91.29criminal penalties; establishing fees; requiring reports; appropriating money;
91.30amending Minnesota Statutes 2008, sections 3.303, subdivision 8; 3.732,
91.31subdivision 1; 3.97, by adding a subdivision; 3.971, subdivision 6; 3.975; 4A.01;
91.324A.02; 5.12, subdivision 1; 5.29; 5.32; 5A.03; 5A.06; 10A.31, subdivision 4;
91.3311A.07, subdivision 4; 13.64; 15.01; 15.06, subdivision 1; 15A.0815, subdivision
91.342; 16A.01, subdivision 1; 16A.055, subdivision 1, by adding a subdivision;
91.3516A.126, subdivision 1; 16A.133, subdivision 1; 16A.139; 16A.151, subdivision
91.362; 16A.152, by adding a subdivision; 16B.24, by adding a subdivision; 16C.16,
91.37by adding a subdivision; 16C.19; 16C.20; 31.60, subdivision 1; 43A.1815;
91.3843A.49; 45.24; 128C.15, subdivision 3; 144E.40, subdivision 2; 161.321;
91.39176.571, subdivision 1; 270C.63, subdivision 13; 302A.821; 303.14; 303.16,
91.40subdivision 4; 308A.995; 308B.121, subdivisions 1, 2; 317A.823; 321.0206;
91.41321.0210; 321.0810; 322B.960; 323A.1003; 333.055; 336A.04, subdivision 3;
91.42336A.09, subdivision 2; 359.01, subdivision 3; 383B.72; 469.175, subdivisions 1,
91.436; 471.345, subdivision 15; 473.142; 480.181, subdivision 2; Laws 2005, chapter
91.44162, section 34, subdivision 2; Laws 2006, chapter 218, section 6; proposing
91.45coding for new law in Minnesota Statutes, chapters 4A; 5; 10; 16A; 16B; 16E;
91.4643A; 270C; proposing coding for new law as Minnesota Statutes, chapter
91.4715C; repealing Minnesota Statutes 2008, sections 4A.05; 16C.046; 240A.08;
91.48471.9981, subdivision 1; H. F. 1122, article 3, sections 3, 4, 5, 8, 19, if enacted."
We request the adoption of this report and repassage of the bill.Senate Conferees: (Signed) Don Betzold, Ann H. Rest, Rick Olseen, Gary Kubly, Michael JungbauerHouse Conferees: (Signed) Phyllis Kahn, Ryan Winkler, Steve Simon, Loren Solberg, Keith Downey