Conference Committee Report on H.F. No. 1481

 

  1.1             CONFERENCE COMMITTEE REPORT ON H.F. NO. 1481 
  1.2                          A bill for an act 
  1.3             relating to government operations; appropriating money 
  1.4             for the general legislative and administrative 
  1.5             expenses of state government; regulating state and 
  1.6             local government operations; modifying provisions 
  1.7             related to public employment; ratifying certain labor 
  1.8             agreements and compensation plans; regulating 
  1.9             elections and campaign finance; regulating Minneapolis 
  1.10            teacher pensions; modifying provisions related to the 
  1.11            military and veterans; providing conforming 
  1.12            amendments; amending Minnesota Statutes 2004, sections 
  1.13            3.011; 3.012; 3.02; 10A.01, subdivisions 5, 21, 23, 
  1.14            26; 10A.025, by adding a subdivision; 10A.071, 
  1.15            subdivision 3; 10A.08; 10A.20, subdivisions 2, 5, by 
  1.16            adding a subdivision; 10A.27, subdivision 1; 10A.28, 
  1.17            subdivision 2; 10A.31, subdivisions 1, 3, 4, 5, 6a; 
  1.18            11A.04; 11A.07, subdivisions 4, 5; 11A.24, subdivision 
  1.19            6; 13.635, by adding a subdivision; 14.19; 15.054; 
  1.20            15B.17, subdivision 1; 16A.103, by adding a 
  1.21            subdivision; 16A.1286, subdivisions 2, 3; 16A.152, 
  1.22            subdivision 2; 16A.1522, subdivision 1; 16A.281; 
  1.23            16B.52, subdivision 1; 16C.10, subdivision 7; 16C.144; 
  1.24            16C.16, subdivision 1, by adding a subdivision; 
  1.25            16C.23, by adding a subdivision; 43A.183; 43A.23, 
  1.26            subdivision 1; 123B.63, subdivision 3; 126C.17, 
  1.27            subdivision 11; 190.16, by adding a subdivision; 
  1.28            192.19; 192.261, subdivisions 1, 2; 192.501, 
  1.29            subdivision 2; 193.29, subdivision 3; 193.30; 193.31; 
  1.30            197.608, subdivision 5; 200.02, subdivisions 7, 23, by 
  1.31            adding a subdivision; 201.022, by adding a 
  1.32            subdivision; 201.061, subdivision 3; 201.071, 
  1.33            subdivision 1; 201.091, subdivision 5; 203B.01, 
  1.34            subdivision 3; 203B.02, subdivision 1; 203B.04, 
  1.35            subdivisions 1, 4, by adding a subdivision; 203B.07, 
  1.36            subdivision 2; 203B.11, subdivision 1; 203B.12, 
  1.37            subdivision 2; 203B.20; 203B.21, subdivisions 1, 3; 
  1.38            203B.24, subdivision 1; 204B.10, subdivision 6; 
  1.39            204B.14, subdivision 2; 204B.16, subdivisions 1, 5; 
  1.40            204B.18, subdivision 1; 204B.22, subdivision 3; 
  1.41            204B.27, subdivisions 1, 3; 204B.33; 204C.05, 
  1.42            subdivision 1a, by adding a subdivision; 204C.08, 
  1.43            subdivision 1; 204C.24, subdivision 1; 204C.28, 
  1.44            subdivision 1; 204C.50, subdivisions 1, 2; 204D.03, 
  1.45            subdivision 1; 204D.14, subdivision 3; 204D.27, 
  2.1             subdivision 5; 205.10, subdivision 3; 205.175, 
  2.2             subdivision 2; 205A.05, subdivision 1; 205A.09, 
  2.3             subdivision 1; 206.56, subdivisions 2, 3, 7, 8, 9, by 
  2.4             adding subdivisions; 206.57, subdivisions 1, 5, by 
  2.5             adding a subdivision; 206.58, subdivision 1; 206.61, 
  2.6             subdivisions 4, 5; 206.64, subdivision 1; 206.80; 
  2.7             206.81; 206.82, subdivisions 1, 2; 206.83; 206.84, 
  2.8             subdivisions 1, 3, 6; 206.85, subdivision 1; 206.90, 
  2.9             subdivisions 1, 4, 5, 6, 8, 9; 208.03; 208.04, 
  2.10            subdivision 1; 208.05; 208.06; 208.07; 208.08; 
  2.11            211B.01, subdivision 3; 240A.02, subdivision 3; 
  2.12            354A.08; 354A.12, subdivisions 3a, 3b; 358.11; 373.40, 
  2.13            subdivision 2; 375.20; 394.25, by adding a 
  2.14            subdivision; 447.32, subdivision 4; 458.40; 462.357, 
  2.15            by adding a subdivision; 465.82, subdivision 2; 
  2.16            465.84; 469.053, subdivision 5; 469.0724; 469.190, 
  2.17            subdivision 5; 471.345, by adding a subdivision; 
  2.18            471.975; 473.147, by adding a subdivision; 475.521, 
  2.19            subdivision 2; 475.58, subdivisions 1, 1a; 475.59; 
  2.20            507.093; 507.24, subdivision 2; Laws 2000, chapter 
  2.21            461, article 4, section 4, as amended; proposing 
  2.22            coding for new law in Minnesota Statutes, chapters 3; 
  2.23            4; 5; 6; 8; 10A; 14; 15; 15B; 16A; 16B; 16C; 43A; 196; 
  2.24            197; 204D; 205; 205A; 206; 298; 354A; 471; 507; 
  2.25            proposing coding for new law as Minnesota Statutes, 
  2.26            chapter 471B; repealing Minnesota Statutes 2004, 
  2.27            sections 16A.151, subdivision 5; 16A.30; 16B.33; 
  2.28            43A.11, subdivision 2; 197.455, subdivision 3; 
  2.29            204B.22, subdivision 2; 204C.05, subdivisions 1a, 1b; 
  2.30            204C.50, subdivision 7; 205.175; 205A.09; 240A.08; 
  2.31            354A.28; Minnesota Rules, parts 4501.0300, subparts 1, 
  2.32            4; 4501.0500, subpart 4; 4501.0600; 4503.0200, subpart 
  2.33            4; 4503.0300, subpart 2; 4503.0400, subpart 2; 
  2.34            4503.0500, subpart 9; 4503.0800, subpart 1. 
  2.35                                                 May 23, 2005
  2.36  The Honorable Steve Sviggum 
  2.37  Speaker of the House of Representatives
  2.39  The Honorable James P. Metzen 
  2.40  President of the Senate
  2.42     We, the undersigned conferees for H.F. No. 1481, report 
  2.43  that we have agreed upon the items in dispute and recommend as 
  2.44  follows: 
  2.45     
  2.46     That the Senate recede from its amendment and that H.F. No. 
  2.47  1481 be further amended as follows: 
  2.48     Delete everything after the enacting clause and insert: 
  2.49                             "ARTICLE 1
  2.50                  STATE GOVERNMENT APPROPRIATIONS
  2.51  Section 1.  [STATE GOVERNMENT APPROPRIATIONS.] 
  2.52     The sums shown in the columns marked "APPROPRIATIONS" are 
  2.53  appropriated from the general fund, or another fund named, to 
  2.54  the agencies and for the purposes specified in this article, to 
  2.55  be available for the fiscal years indicated for each purpose.  
  3.1   The figures "2005," "2006," and "2007," where used in this 
  3.2   article, mean that the appropriation or appropriations listed 
  3.3   under them are available for the year ending June 30, 2005, June 
  3.4   30, 2006, or June 30, 2007, respectively.  
  3.5                           SUMMARY BY FUND
  3.6                             2006          2007           TOTAL
  3.7   General            $  295,666,000 $  301,319,000 $  596,985,000
  3.8   Health Care 
  3.9   Access                  1,782,000      1,782,000      3,564,000
  3.10  State Government 
  3.11  Special Revenue         2,178,000      2,194,000      4,372,000
  3.12  Environmental             436,000        436,000        872,000
  3.13  Remediation               484,000        484,000        968,000
  3.14  Special Revenue         4,395,000      5,541,000      9,936,000
  3.15  Highway User Tax 
  3.16  Distribution            2,097,000      2,097,000      4,194,000
  3.17  Workers' 
  3.18  Compensation            7,552,000      7,458,000     15,010,000
  3.19  TOTAL              $  314,590,000 $  321,311,000 $  635,901,000
  3.20                                             APPROPRIATIONS 
  3.21                                         Available for the Year 
  3.22                                             Ending June 30 
  3.23                                            2006         2007 
  3.24  Sec. 2.  LEGISLATURE 
  3.25  Subdivision 1.  Total  
  3.26  Appropriation                        $54,272,000    $62,042,000
  3.27                Summary by Fund
  3.28  General              54,144,000    61,914,000
  3.29  Health Care Access      128,000       128,000
  3.30  The amounts that may be spent from this 
  3.31  appropriation for each program are 
  3.32  specified in the following subdivisions.
  3.33  Subd. 2.  Senate 
  3.34       17,965,000    20,654,000
  3.35  Subd. 3.  House of Representatives 
  3.36       24,177,000    27,790,000 
  3.37  During the biennium ending June 30, 
  3.38  2007, any revenues received by the 
  3.39  house of representatives from 
  3.40  sponsorship notices in broadcast or 
  3.41  print media are appropriated to the 
  3.42  house of representatives. 
  3.43  Subd. 4.  Legislative 
  3.44  Coordinating Commission    
  4.1        12,130,000    13,598,000
  4.2                 Summary by Fund
  4.3   General              12,002,000    13,470,000
  4.4   Health Care Access      128,000       128,000
  4.5   $360,000 the first year and $360,000 
  4.6   the second year are for public 
  4.7   information television, Internet, 
  4.8   Intranet, and other transmission of 
  4.9   legislative activities.  At least 
  4.10  one-half must go for programming to be 
  4.11  broadcast and transmitted to rural 
  4.12  Minnesota. 
  4.13  On July 1, 2005, the commissioner of 
  4.14  finance shall transfer $1,764,000 of 
  4.15  unspent fees from the special revenue 
  4.16  fund dedicated for the Electronic Real 
  4.17  Estate Recording Task Force to the 
  4.18  general fund. 
  4.19  On July 1, 2005, the commissioner of 
  4.20  finance shall cancel $2,500,000 of the 
  4.21  legislature's accumulated carryforward 
  4.22  account balances, divided equally 
  4.23  between the senate and house balances, 
  4.24  to the general fund.  
  4.25  $4,645,000 the first year and 
  4.26  $5,143,000 the second year are for the 
  4.27  Office of the Revisor of Statutes. 
  4.28  $1,016,000 the first year and 
  4.29  $1,154,000 the second year are for the 
  4.30  Legislative Reference Library. 
  4.31  $4,530,000 the first year and 
  4.32  $5,206,000 the second year are for the 
  4.33  Office of the Legislative Auditor. 
  4.34  During the biennium ending June 30, 
  4.35  2007, the commission shall study and 
  4.36  report to the legislature on all 
  4.37  matters relating to the economic status 
  4.38  of women in Minnesota, including:  (1) 
  4.39  the contributions of women to the 
  4.40  economy; (2) economic security of 
  4.41  homemakers and women in the labor 
  4.42  force; (3) opportunities for education 
  4.43  and vocational training; (4) employment 
  4.44  opportunities; (5) women's access to 
  4.45  benefits and services provided to 
  4.46  citizens of this state; and (6) laws 
  4.47  and business practices constituting 
  4.48  barriers to the full participation by 
  4.49  women in the economy.  The commission 
  4.50  shall also study the adequacy of 
  4.51  programs and services relating to 
  4.52  families in Minnesota.  The commission 
  4.53  shall communicate its findings and make 
  4.54  recommendations to the legislature on 
  4.55  an ongoing basis. 
  4.56  During the biennium ending June 30, 
  4.57  2007, the Legislative Coordinating 
  4.58  Commission must coordinate efforts of 
  4.59  the senate, house of representatives, 
  5.1   and the state chief information officer 
  5.2   to provide wireless Internet service in 
  5.3   the Capitol and the State Office 
  5.4   Building.  The commission may accept 
  5.5   nonstate funds to support the 
  5.6   installation and support of wireless 
  5.7   Internet access, which are appropriated 
  5.8   to the commission for this purpose.  
  5.9   Services provided by the chief 
  5.10  information officer under this 
  5.11  provision are available to the public.  
  5.12  Any provision of wireless Internet 
  5.13  access services under this provision 
  5.14  must include appropriate security 
  5.15  measures, and be coordinated with 
  5.16  overall state telecommunications and 
  5.17  security strategies and architectures. 
  5.18  Sec. 3.  GOVERNOR AND 
  5.19  LIEUTENANT GOVERNOR                    3,584,000      3,584,000
  5.20  This appropriation is to fund the 
  5.21  offices of the governor and lieutenant 
  5.22  governor.  
  5.23  $19,000 the first year and $19,000 the 
  5.24  second year are for necessary expenses 
  5.25  in the normal performance of the 
  5.26  governor's and lieutenant governor's 
  5.27  duties for which no other reimbursement 
  5.28  is provided. 
  5.29  By September 1 of each year, the 
  5.30  commissioner of finance shall report to 
  5.31  the chairs of the senate Governmental 
  5.32  Operations Budget Division and the 
  5.33  house State Government Finance Division 
  5.34  any personnel costs incurred by the 
  5.35  Office of the Governor and Lieutenant 
  5.36  Governor that were supported by 
  5.37  appropriations to other agencies during 
  5.38  the previous fiscal year.  The Office 
  5.39  of the Governor shall inform the chairs 
  5.40  of the divisions before initiating any 
  5.41  interagency agreements. 
  5.42  Sec. 4.  STATE AUDITOR                 8,273,000      8,273,000
  5.43  Sec. 5.  ATTORNEY GENERAL             25,152,000     25,192,000
  5.44                Summary by Fund
  5.45  General              22,745,000    22,769,000
  5.46  State Government
  5.47  Special Revenue       1,778,000     1,794,000
  5.48  Environmental           145,000       145,000 
  5.49  Remediation             484,000       484,000 
  5.50  Sec. 6.  SECRETARY OF STATE            5,905,000      6,077,000
  5.51  $25,000 each year is for the use of the 
  5.52  task force established in Minnesota 
  5.53  Statutes, section 507.094, for the 
  5.54  purposes in that section.  $25,000 is 
  5.55  included in the base budget for fiscal 
  5.56  year 2008 for this purpose. 
  5.57  Sec. 7.  CAMPAIGN FINANCE AND 
  6.1   PUBLIC DISCLOSURE BOARD                  694,000        694,000
  6.2   Sec. 8.  INVESTMENT BOARD              2,167,000      2,167,000
  6.3   Sec. 9.  OFFICE OF ENTERPRISE
  6.4   TECHNOLOGY                             1,803,000      1,803,000
  6.5   Sec. 10.  ADMINISTRATIVE HEARINGS       7,714,000      7,620,000
  6.6                 Summary by Fund
  6.7   General                 262,000       262,000
  6.8   Workers'
  6.9   Compensation          7,452,000     7,358,000
  6.10  $203,000 the first year and $109,000 
  6.11  the second year are from the workers' 
  6.12  compensation fund for technology 
  6.13  improvements.  The base appropriation 
  6.14  for these improvements is $158,000 in 
  6.15  fiscal year 2008 and $165,000 in fiscal 
  6.16  year 2009. 
  6.17  For fiscal years 2006 and 2007, the 
  6.18  Administrative Law Division of the 
  6.19  Office of Administrative Hearings shall 
  6.20  charge the fees approved by the 
  6.21  commissioner of finance under Minnesota 
  6.22  Statutes, section 16A.126. 
  6.23  Sec. 11.  ADMINISTRATION 
  6.24  Subdivision 1.  Total      
  6.25  Appropriation                         25,558,000     20,375,000
  6.26  The amounts that may be spent from this 
  6.27  appropriation for each program are 
  6.28  specified in the following subdivisions.
  6.29  Subd. 2.  State Facilities Services
  6.30       16,070,000     10,946,000
  6.31  $5,124,000 the first year is for 
  6.32  onetime funding of agency relocation 
  6.33  expenses.  The Department of Human 
  6.34  Services will obtain federal 
  6.35  reimbursement for associated relocation 
  6.36  expenses.  This amount, estimated to be 
  6.37  $1,870,000, will be deposited in the 
  6.38  general fund. 
  6.39  $7,888,000 the first year and 
  6.40  $7,888,000 the second year are for 
  6.41  office space costs of the legislature 
  6.42  and veterans organizations, for 
  6.43  ceremonial space, and for statutorily 
  6.44  free space.  
  6.45  $2,000,000 of the balance in the state 
  6.46  building code account in the state 
  6.47  government special revenue fund is 
  6.48  canceled to the general fund. 
  6.49  $1,950,000 the first year and 
  6.50  $1,950,000 the second year of the 
  6.51  balance in the facilities repair and 
  6.52  replacement account in the special 
  6.53  revenue fund is canceled to the general 
  6.54  fund.  This is a onetime cancellation.  
  7.1   Subd. 3.  State and Community Services
  7.2         2,921,000     3,012,000
  7.3   $714,000 the first year and $805,000 
  7.4   the second year are for the Land 
  7.5   Management Information Center.  The 
  7.6   base appropriation is $258,000 in 
  7.7   fiscal year 2008 and $258,000 in fiscal 
  7.8   year 2009. 
  7.9   $196,000 the first year and $196,000 
  7.10  the second year are for the Office of 
  7.11  the State Archaeologist. 
  7.12  Subd. 4.  Administrative Management Services
  7.13       4,712,000      4,562,000 
  7.14  $150,000 the first year is for a 
  7.15  onetime grant to Assistive Technology 
  7.16  of Minnesota to administer a microloan 
  7.17  program to support purchase of 
  7.18  equipment and devices for people with 
  7.19  disabilities and their families and 
  7.20  employers, and to develop the Access to 
  7.21  Telework program. This appropriation is 
  7.22  available until June 30, 2007. 
  7.23  $74,000 the first year and $74,000 the 
  7.24  second year are for the Developmental 
  7.25  Disabilities Council. 
  7.26  Subd. 5.  Public Broadcasting
  7.27        1,855,000     1,855,000
  7.28  $963,000 the first year and $963,000 
  7.29  the second year are for matching grants 
  7.30  for public television.  
  7.31  $398,000 the first year and $398,000 
  7.32  the second year are for public 
  7.33  television equipment grants.  
  7.34  Equipment or matching grant allocations 
  7.35  shall be made after considering the 
  7.36  recommendations of the Minnesota Public 
  7.37  Television Association. 
  7.38  $17,000 the first year and $17,000 the 
  7.39  second year are for grants to the Twin 
  7.40  Cities regional cable channel. 
  7.41  $287,000 the first year and $287,000 
  7.42  the second year are for community 
  7.43  service grants to public educational 
  7.44  radio stations.  The grants must be 
  7.45  allocated after considering the 
  7.46  recommendations of the Association of 
  7.47  Minnesota Public Educational Radio 
  7.48  Stations under Minnesota Statutes, 
  7.49  section 129D.14. 
  7.50  $190,000 the first year and $190,000 
  7.51  the second year are for equipment 
  7.52  grants to Minnesota Public Radio, Inc.  
  7.53  This appropriation is contingent on 
  7.54  Minnesota Public Radio, Inc. making 
  7.55  public a list containing the position 
  7.56  and salary of each employee and single 
  8.1   individual providing personal services 
  8.2   under a contract who is paid more than 
  8.3   $100,000 per year by Minnesota Public 
  8.4   Radio, Inc. or a related organization 
  8.5   as defined in Minnesota Statutes, 
  8.6   section 317A.011, subdivision 18. 
  8.7   Any unencumbered balance remaining the 
  8.8   first year for grants to public 
  8.9   television or radio stations does not 
  8.10  cancel and is available for the second 
  8.11  year. 
  8.12  Sec. 12.  CAPITOL AREA ARCHITECTURAL 
  8.13  AND PLANNING BOARD                       269,000        270,000
  8.14  During the biennium ending June 30, 
  8.15  2007, money received by the board from 
  8.16  public agencies, as provided by 
  8.17  Minnesota Statutes, section 15B.17, 
  8.18  subdivision 1, is appropriated to the 
  8.19  board. 
  8.20  Sec. 13.  FINANCE 
  8.21  Subdivision 1.  Total 
  8.22  Appropriation                         14,808,000     14,808,000
  8.23  The amounts that may be spent from this 
  8.24  appropriation for each program are 
  8.25  specified in the following subdivisions.
  8.26  No later than June 30, 2006, and June 
  8.27  30, 2007, the commissioner of finance, 
  8.28  in consultation with the commissioner 
  8.29  of administration, must determine the 
  8.30  savings attributable to the "Drive to 
  8.31  Excellence" in fiscal year 2006 and 
  8.32  fiscal year 2007, respectively.  The 
  8.33  savings are estimated to be $1,000,000 
  8.34  for the biennium.  The commissioner 
  8.35  must deposit the amount determined for 
  8.36  each year in the general fund. 
  8.37  Subd. 2.  State Financial Management 
  8.38       8,447,000      8,447,000
  8.39  Subd. 3.  Information and 
  8.40  Management Services 
  8.41       6,361,000      6,361,000
  8.42  Up to $3,000,000 of the amounts billed 
  8.43  to state agencies under Minnesota 
  8.44  Statutes, section 16A.1286, for the 
  8.45  biennium ending June 30, 2005, and not 
  8.46  needed to provide statewide system 
  8.47  services during that time, must be 
  8.48  carried forward from fiscal year 2005 
  8.49  to fiscal year 2006.  On July 1, 2005, 
  8.50  the commissioner shall transfer that 
  8.51  amount to the general fund. 
  8.52  Sec. 14.  EMPLOYEE RELATIONS           5,667,000      5,556,000 
  8.53  Sec. 15.  REVENUE 
  8.54  Subdivision 1.  Total  
  8.55  Appropriation                        101,644,000    105,442,000
  9.1                 Summary by Fund
  9.2   General              97,602,000   101,400,000
  9.3   Health Care Access    1,654,000     1,654,000
  9.4   Highway User 
  9.5   Tax Distribution      2,097,000     2,097,000
  9.6   Environmental           291,000       291,000
  9.7   The amounts that may be spent from this 
  9.8   appropriation for each program are 
  9.9   specified in the following subdivisions.
  9.10  Subd. 2.  Tax System Management
  9.11      84,712,000     87,351,000
  9.12                Summary by Fund
  9.13  General              80,670,000    83,309,000
  9.14  Health Care Access    1,654,000     1,654,000
  9.15  Highway User 
  9.16  Tax Distribution      2,097,000     2,097,000
  9.17  Environmental           291,000       291,000
  9.18  $6,311,000 the first year and 
  9.19  $7,950,000 the second year are for 
  9.20  additional activities to identify and 
  9.21  collect tax liabilities from 
  9.22  individuals and businesses that 
  9.23  currently do not pay all taxes owed.  
  9.24  This initiative is expected to result 
  9.25  in new general fund revenues of 
  9.26  $49,400,000 for the biennium ending 
  9.27  June 30, 2007. 
  9.28  The department must report to the 
  9.29  chairs of the house of representatives 
  9.30  Ways and Means and senate Finance 
  9.31  Committees by March 1, 2006, and 
  9.32  January 15, 2007, on the following 
  9.33  performance indicators: 
  9.34  (1) the number of corporations 
  9.35  noncompliant with the corporate tax 
  9.36  system each year and the percentage and 
  9.37  dollar amounts of valid tax liabilities 
  9.38  collected; 
  9.39  (2) the number of businesses 
  9.40  noncompliant with the sales and use tax 
  9.41  system and the percentage and dollar 
  9.42  amount of the valid tax liabilities 
  9.43  collected; and 
  9.44  (3) the number of individual 
  9.45  noncompliant cases resolved and the 
  9.46  percentage and dollar amounts of valid 
  9.47  tax liabilities collected. 
  9.48  The reports must also identify 
  9.49  base-level expenditures and staff 
  9.50  positions related to compliance and 
  9.51  audit activities, including baseline 
  9.52  information as of January 1, 2004.  The 
  9.53  information must be provided at the 
 10.1   budget activity level. 
 10.2   $30,000 the first year and $30,000 the 
 10.3   second year are for preparation of the 
 10.4   income tax sample. 
 10.5   Subd. 3.  Accounts Receivable Management
 10.6       16,932,000     18,091,000
 10.7   $1,208,000 the first year and 
 10.8   $2,367,000 the second year are for 
 10.9   additional activities to identify and 
 10.10  collect tax liabilities from 
 10.11  individuals and businesses that 
 10.12  currently do not pay all taxes owed.  
 10.13  This initiative is expected to result 
 10.14  in new general revenues of $41,300,000 
 10.15  for the biennium ending June 30, 2007. 
 10.16  The commissioner, in consultation with 
 10.17  other state agencies and local units of 
 10.18  government, shall develop 
 10.19  recommendations for:  (1) consolidating 
 10.20  and coordinating the collection of debt 
 10.21  owed to governmental units; (2) 
 10.22  eliminating the fragmentation of 
 10.23  contacts from government agencies with 
 10.24  debtors owing such debts; (3) reducing 
 10.25  the cost of collecting debt owed to 
 10.26  governmental units; and (4) the 
 10.27  collection of substantially larger 
 10.28  portions of the debt owed to all 
 10.29  government units. 
 10.30  The commissioner shall report the 
 10.31  recommendations to the governor and the 
 10.32  chairs of the legislative committees 
 10.33  with jurisdiction over the department 
 10.34  by February 15, 2006. 
 10.35  Sec. 16.  MILITARY AFFAIRS  
 10.36  Subdivision 1.  Total 
 10.37  Appropriation                         17,922,000     18,439,000
 10.38                Summary by Fund
 10.39  General              17,584,000    17,584,000
 10.40  Special Revenue         338,000       855,000
 10.41  The amounts that may be spent from this 
 10.42  appropriation for each program are 
 10.43  specified in the following subdivisions.
 10.44  Subd. 2.  Maintenance of Training 
 10.45  Facilities 
 10.46        5,590,000      5,590,000 
 10.47  Subd. 3.  General Support
 10.48        1,787,000      1,787,000 
 10.49  $30,000 the first year and $30,000 the 
 10.50  second year are for the operation and 
 10.51  staffing of the Minnesota National 
 10.52  Guard Youth Camp at Camp Ripley.  This 
 10.53  is a onetime appropriation and must be 
 10.54  matched by nonstate sources. 
 11.1   Subd. 4.  Enlistment Incentives
 11.2        10,207,000     10,207,000 
 11.3   $3,850,000 each year is to provide the 
 11.4   additional amount needed for full 
 11.5   funding of the tuition reimbursement 
 11.6   program in Minnesota Statutes, section 
 11.7   192.501, subdivision 2. 
 11.8   $1,500,000 each year is for 
 11.9   reenlistment bonuses under Minnesota 
 11.10  Statutes, section 192.501, subdivision 
 11.11  1b. 
 11.12  $338,000 the first year and $855,000 
 11.13  the second year are from the account 
 11.14  established in new Minnesota Statutes, 
 11.15  section 190.19, for grants under that 
 11.16  section. 
 11.17  If appropriations for either year of 
 11.18  the biennium are insufficient, the 
 11.19  appropriation from the other year is 
 11.20  available.  The appropriations for 
 11.21  enlistment incentives are available 
 11.22  until expended. 
 11.23  Sec. 17.  VETERANS AFFAIRS             4,706,000      4,970,000
 11.24                Summary by Fund
 11.25  General               4,369,000     4,115,000
 11.26  Special Revenue         337,000       855,000
 11.27  $357,000 the first year and $103,000 
 11.28  the second year are from the general 
 11.29  fund, and $337,000 the first year and 
 11.30  $855,000 the second year are from the 
 11.31  account established in Minnesota 
 11.32  Statutes, section 190.19, for:  (1) 
 11.33  veterans' services provided by Veterans 
 11.34  of Foreign Wars, the Military Order of 
 11.35  the Purple Heart, Disabled American 
 11.36  Veterans, and the Vietnam Veterans of 
 11.37  America; (2) grants for veterans' 
 11.38  services to the Vinland Center and the 
 11.39  Minnesota Assistance Council for 
 11.40  Veterans; and (3) an outreach and 
 11.41  assistance initiative for underserved 
 11.42  veterans.  The general fund portion of 
 11.43  this appropriation must first be used 
 11.44  for the base budget funding for the 
 11.45  organizations listed in clause (1). 
 11.46  Any balance in the first year does not 
 11.47  cancel but is available in the second 
 11.48  year. 
 11.49  In each fiscal year, the commissioner 
 11.50  of finance must distribute the amounts 
 11.51  received in the account established in 
 11.52  Minnesota Statutes, section 190.19, so 
 11.53  that the appropriations from the 
 11.54  account are divided equally between 
 11.55  this section and section 16, 
 11.56  subdivision 4. 
 11.57  Sec. 18.  GAMBLING CONTROL             2,800,000      2,800,000
 12.1   These appropriations are from the 
 12.2   lawful gambling regulation account in 
 12.3   the special revenue fund. 
 12.4   Sec. 19.  RACING COMMISSION              674,000        835,000
 12.5   (a) These appropriations are from the 
 12.6   racing and card playing regulation 
 12.7   account in the special revenue fund.  
 12.8   (b) $253,000 for the fiscal year ending 
 12.9   June 30, 2006, and $414,000 for the 
 12.10  fiscal year ending June 30, 2007, are 
 12.11  from the racing and card playing 
 12.12  regulation account in the special 
 12.13  revenue fund.  If the commission does 
 12.14  not spend all of the revenue from the 
 12.15  interim license fee authorized by Laws 
 12.16  2003, First Special Session chapter 1, 
 12.17  article 2, section 69, in fiscal year 
 12.18  2005 or fiscal year 2006, the 
 12.19  commission must reduce the amount of 
 12.20  fees charged to the feepayers in fiscal 
 12.21  year 2007 by the amount unspent.  The 
 12.22  Racing Commission must file monthly 
 12.23  expenditure reports with the 
 12.24  commissioner of finance for money spent 
 12.25  from the appropriation in this 
 12.26  paragraph. 
 12.27  (c) The racing commission may not hire 
 12.28  new employees or enter into new 
 12.29  contracts with money subject to 
 12.30  paragraph (b) before resolution of the 
 12.31  petition for judicial review filed by 
 12.32  the Columbus Concerned Citizens Group. 
 12.33  Sec. 20.  STATE LOTTERY
 12.34  Notwithstanding Minnesota Statutes, 
 12.35  section 349A.10, the operating budget 
 12.36  must not exceed $26,700,000 in fiscal 
 12.37  year 2006 and $27,350,000 in fiscal 
 12.38  year 2007.  
 12.39  On July 1, 2005, the director of the 
 12.40  State Lottery shall transfer unclaimed 
 12.41  prize funds accumulated before July 1, 
 12.42  2003, in the amount of $2,187,000, to 
 12.43  the general fund.  
 12.44  Sec. 21.  TORT CLAIMS                    161,000        161,000
 12.45  To be spent by the commissioner of 
 12.46  finance.  
 12.47  If the appropriation for either year is 
 12.48  insufficient, the appropriation for the 
 12.49  other year is available for it.  
 12.50  Sec. 22.  MINNESOTA STATE   
 12.51  RETIREMENT SYSTEM                      1,176,000      1,205,000
 12.52  The amounts estimated to be needed for 
 12.53  each program are as follows: 
 12.54  (a) Legislators 
 12.55         783,000        802,000
 12.56  Under Minnesota Statutes, sections 
 13.1   3A.03, subdivision 2; 3A.04, 
 13.2   subdivisions 3 and 4; and 3A.115. 
 13.3   (b) Constitutional Officers 
 13.4          393,000        403,000
 13.5   Under Minnesota Statutes, sections 
 13.6   352C.031, subdivision 5; 352C.04, 
 13.7   subdivision 3; and 352C.09, subdivision 
 13.8   2. 
 13.9   If an appropriation in this section for 
 13.10  either year is insufficient, the 
 13.11  appropriation for the other year is 
 13.12  available for it. 
 13.13  Sec. 23.  MINNEAPOLIS EMPLOYEES
 13.14  RETIREMENT FUND                        8,065,000      8,065,000 
 13.15  The amounts estimated to be needed 
 13.16  under Minnesota Statutes, section 
 13.17  422A.101, subdivision 3. 
 13.18  Sec. 24.  MINNEAPOLIS TEACHERS
 13.19  RETIREMENT FUND                       15,800,000     15,800,000 
 13.20  The amounts estimated to be needed are 
 13.21  as follows: 
 13.22  (a) Special direct state aid to first
 13.23  class city teachers retirement funds
 13.24      13,300,000     13,300,000 
 13.25  Authorized under Minnesota Statutes, 
 13.26  section 354A.12, subdivisions 3a and 3c.
 13.27  (b) Special direct state matching aid
 13.28  to Minneapolis Teachers Retirement Fund
 13.29       2,500,000      2,500,000 
 13.30  Authorized under Minnesota Statutes, 
 13.31  section 354A.12, subdivision 3b. 
 13.32  Sec. 25.  ST. PAUL TEACHERS
 13.33  RETIREMENT FUND                        2,967,000      2,967,000 
 13.34  The amounts estimated to be needed for 
 13.35  special direct state aid to first class 
 13.36  city teachers retirement funds 
 13.37  authorized under Minnesota Statutes, 
 13.38  section 354A.12, subdivisions 3a and 3c.
 13.39  Sec. 26.  AMATEUR SPORTS
 13.40  COMMISSION                               300,000        206,000 
 13.41  Sec. 27.  COUNCIL ON BLACK  
 13.42  MINNESOTANS                              278,000        278,000 
 13.43  Sec. 28.  COUNCIL ON        
 13.44  CHICANO/LATINO AFFAIRS                   271,000        271,000 
 13.45  Sec. 29.  COUNCIL ON        
 13.46  ASIAN-PACIFIC MINNESOTANS                239,000        240,000 
 13.47  Sec. 30.  INDIAN AFFAIRS    
 13.48  COUNCIL                                  475,000        475,000 
 13.49  Sec. 31.  GENERAL CONTINGENT 
 14.1   ACCOUNTS                               1,000,000        500,000
 14.2                 Summary by Fund
 14.3   General                 500,000         -0-
 14.4   State Government
 14.5   Special Revenue         400,000       400,000
 14.6   Workers'
 14.7   Compensation            100,000       100,000
 14.8   The appropriations in this section may 
 14.9   only be spent with the approval of the 
 14.10  governor after consultation with the 
 14.11  Legislative Advisory Commission 
 14.12  pursuant to Minnesota Statutes, section 
 14.13  3.30. 
 14.14  If an appropriation in this section for 
 14.15  either year is insufficient, the 
 14.16  appropriation for the other year is 
 14.17  available for it.  
 14.18  If a contingent account appropriation 
 14.19  is made in one fiscal year, it should 
 14.20  be considered a biennial appropriation. 
 14.21  Sec. 32.  RACING COMMISSION APPROPRIATION 
 14.22  $156,000 in fiscal year 2005 is 
 14.23  appropriated to the Minnesota Racing 
 14.24  Commission from the special revenue 
 14.25  fund.  $113,000 of this amount is from 
 14.26  the interim license fee authorized by 
 14.27  Laws 2003, First Special Session 
 14.28  chapter 1, article 2, section 69, to 
 14.29  defray the regulatory oversight and 
 14.30  legal costs associated with the class A 
 14.31  license approved by the commission on 
 14.32  January 19, 2005.  Any unexpended 
 14.33  portion of this appropriation remains 
 14.34  available in fiscal year 2006. 
 14.35     [EFFECTIVE DATE.] This section is effective the day 
 14.36  following final enactment. 
 14.37  Sec. 33.  DEPARTMENT OF 
 14.38  PUBLIC SAFETY                            246,000        196,000 
 14.39  These appropriations are for the costs 
 14.40  of issuing the "Support Our Troops" 
 14.41  license plates.  These appropriations 
 14.42  are from the vehicle services operating 
 14.43  account in the special revenue fund. 
 14.44                             ARTICLE 2
 14.45                    STATE GOVERNMENT OPERATIONS
 14.46     Section 1.  [5.31] [STATEWIDE VOTER REGISTRATION SYSTEM.] 
 14.47     The secretary of state may sell intellectual property 
 14.48  rights associated with the statewide voter registration system 
 14.49  to other states or to units of local government in other states. 
 14.50  Receipts from the sale must be deposited in the state treasury 
 15.1   and credited to the Help America Vote Act account. 
 15.2      Sec. 2.  [6.755] [REPORTS TO THE LEGISLATURE.] 
 15.3      Section 3.195 applies to the state auditor.  For purposes 
 15.4   of determining whether members or employees of the legislature 
 15.5   wish to receive reports or publications prepared by the state 
 15.6   auditor, the state auditor may send a brief listing of reports 
 15.7   to each member.  The state auditor must deliver reports or 
 15.8   publications to the legislature electronically whenever it is 
 15.9   cost effective.  
 15.10     [EFFECTIVE DATE.] This section is effective the day 
 15.11  following final enactment. 
 15.12     Sec. 3.  [6.79] [STATE MANDATES.] 
 15.13     A county, town, school district, or statutory or home rule 
 15.14  charter city may file a written resolution with the state 
 15.15  auditor objecting to a state mandate or making recommendations 
 15.16  for reforming a state mandate.  The state auditor must list on 
 15.17  the state auditor's Web site a list of all state mandates cited 
 15.18  in a resolution under this section, and the name of the unit of 
 15.19  local government citing the mandate. 
 15.20     Sec. 4.  [6.80] [RULE AND LAW WAIVER REQUESTS.] 
 15.21     Subdivision 1.  [GENERALLY.] (a) Except as provided in 
 15.22  paragraph (b), a local government unit may request the state 
 15.23  auditor to grant a waiver from one or more administrative rules 
 15.24  or a temporary, limited exemption from enforcement of state 
 15.25  procedural laws governing delivery of services by the local 
 15.26  government unit.  Two or more local government units may submit 
 15.27  a joint application for a waiver or exemption under this section 
 15.28  if they propose to cooperate in providing a service or program 
 15.29  that is subject to the rule or law.  Before submitting an 
 15.30  application to the state auditor, the governing body of the 
 15.31  local government unit must approve, in concept, the proposed 
 15.32  waiver or exemption at a meeting required to be public under 
 15.33  chapter 13D.  A local government unit or two or more units 
 15.34  acting jointly may apply for a waiver or exemption on behalf of 
 15.35  a nonprofit organization providing services to clients whose 
 15.36  costs are paid by the unit or units.  A waiver or exemption 
 16.1   granted to a nonprofit organization under this section applies 
 16.2   to services provided to all the organization's clients. 
 16.3      (b) A school district that is granted a variance from rules 
 16.4   of the commissioner of education under section 122A.163, need 
 16.5   not apply for a waiver of those rules under this section.  A 
 16.6   school district may not seek a waiver of rules under this 
 16.7   section if the commissioner of education has authority to grant 
 16.8   a variance to the rules under section 122A.163.  This paragraph 
 16.9   does not preclude a school district from being included in a 
 16.10  cooperative effort with another local government unit under this 
 16.11  section.  
 16.12     (c) Before petitioning the state auditor's office for an 
 16.13  exemption from an administrative rule, the petitioner must have 
 16.14  requested and been denied such an exemption from the appropriate 
 16.15  agency pursuant to sections 14.055 and 14.056. 
 16.16     Subd. 2.  [APPLICATION.] A local government unit requesting 
 16.17  a waiver of a rule or exemption from enforcement of a law under 
 16.18  this section shall present a written application to the state 
 16.19  auditor.  The application must include: 
 16.20     (1) the name and address of the entity for whom a waiver of 
 16.21  a rule or exemption from enforcement of a law is being 
 16.22  requested; 
 16.23     (2) identification of the service or program at issue; 
 16.24     (3) identification of the administrative rule or the law 
 16.25  imposing a procedural requirement with respect to which the 
 16.26  waiver or exemption is sought; 
 16.27     (4) a description of the improved service outcome sought, 
 16.28  including an explanation of the effect of the waiver or 
 16.29  exemption in accomplishing that outcome, and why that outcome 
 16.30  cannot be accomplished under established rules or laws; 
 16.31     (5) information on the state auditor's office treatment on 
 16.32  similar cases; 
 16.33     (6) the name, address, and telephone number of any person, 
 16.34  business, or other government unit the petitioner knows would be 
 16.35  adversely affected by the grant of the petition; and 
 16.36     (7) a signed statement as to the accuracy of the facts 
 17.1   presented. 
 17.2   A copy of the application must be provided by the requesting 
 17.3   local government unit to the exclusive representative certified 
 17.4   under section 179A.12 to represent employees who provide the 
 17.5   service or program affected by the requested waiver or exemption.
 17.6      Subd. 3.  [REVIEW PROCESS.] (a) Upon receipt of an 
 17.7   application from a local government unit, the state auditor 
 17.8   shall review the application.  The state auditor shall dismiss 
 17.9   an application if the application proposes a waiver of rules or 
 17.10  exemption from enforcement of laws that would result in due 
 17.11  process violations, violations of federal law or the state or 
 17.12  federal constitution, or the loss of services to people who are 
 17.13  entitled to them.  
 17.14     (b) The state auditor shall determine whether a law from 
 17.15  which an exemption for enforcement is sought is a procedural 
 17.16  law, specifying how a local government unit is to achieve an 
 17.17  outcome, rather than a substantive law prescribing the outcome 
 17.18  or otherwise establishing policy.  For the purposes of this 
 17.19  section, "procedural law" does not include a statutory notice 
 17.20  requirement.  In making the determination, the state auditor 
 17.21  shall consider whether the law specifies such requirements as:  
 17.22     (1) who must deliver a service; 
 17.23     (2) where the service must be delivered; 
 17.24     (3) to whom and in what form reports regarding the service 
 17.25  must be made; and 
 17.26     (4) how long or how often the service must be made 
 17.27  available to a given recipient.  
 17.28     (c) If the application requests a waiver of a rule or 
 17.29  temporary, limited exemptions from enforcement of a procedural 
 17.30  law over which the Metropolitan Council or a metropolitan agency 
 17.31  has jurisdiction, the state auditor shall also transmit a copy 
 17.32  of the application to the council or applicable metropolitan 
 17.33  agency, whichever has jurisdiction, for review and comment.  The 
 17.34  council or agency shall report its comments to the board within 
 17.35  60 days of the date the application was transmitted to the 
 17.36  council or agency.  The council or agency may point out any 
 18.1   resources or technical assistance it may be able to provide a 
 18.2   local government unit submitting a request under this section. 
 18.3      (d) Within 15 days after receipt of the application, the 
 18.4   state auditor shall transmit a copy of it to the commissioner of 
 18.5   each agency having jurisdiction over a rule or law from which a 
 18.6   waiver or exemption is sought.  The agency may mail a notice 
 18.7   that it has received an application for a waiver or exemption to 
 18.8   all persons who have registered with the agency under section 
 18.9   14.14, subdivision 1a, identifying the rule or law from which a 
 18.10  waiver or exemption is requested.  If no agency has jurisdiction 
 18.11  over the rule or law, the state auditor shall transmit a copy of 
 18.12  the application to the attorney general.  The agency shall 
 18.13  inform the state auditor of its agreement with or objection to 
 18.14  and grounds for objection to the waiver or exemption request 
 18.15  within 60 days of the date when the application was transmitted 
 18.16  to it.  An agency's failure to do so is considered agreement to 
 18.17  the waiver or exemption.  The state auditor shall decide whether 
 18.18  to grant a waiver or exemption at the end of the 60-day response 
 18.19  period.  Interested persons may submit written comments to the 
 18.20  state auditor on the waiver or exemption request up to the end 
 18.21  of the 60-day response period. 
 18.22     (e) If the exclusive representative of the affected 
 18.23  employees of the requesting local government unit objects to the 
 18.24  waiver or exemption request it may inform the state auditor of 
 18.25  the objection to and the grounds for the objection to the waiver 
 18.26  or exemption request within 60 days of the receipt of the 
 18.27  application. 
 18.28     Subd. 4.  [HEARING.] If a state agency under subdivision 3, 
 18.29  paragraph (d), or the exclusive representative of the affected 
 18.30  employees under subdivision 3, paragraph (e), has objected to a 
 18.31  waiver or exemption request, the state auditor's office shall 
 18.32  set a date for a hearing on the applications.  The hearing must 
 18.33  be conducted informally at a time and place determined by all 
 18.34  parties.  Persons representing the local government unit shall 
 18.35  present their case for the waiver or exemption, and persons 
 18.36  representing the agency or the exclusive representative of the 
 19.1   affected employees shall explain their objection to it.  The 
 19.2   state auditor may request additional information from the local 
 19.3   government unit or either objecting party.  The state auditor 
 19.4   may also request, either before or at the hearing, information 
 19.5   or comments from representatives of business, labor, local 
 19.6   governments, state agencies, consultants, and members of the 
 19.7   public.  If necessary, the hearing may be continued for a later 
 19.8   date.  The state auditor may modify the terms of the waiver or 
 19.9   exemption request in arriving at the agreement required under 
 19.10  subdivision 5. 
 19.11     Subd. 5.  [CONDITIONS OF AGREEMENTS.] (a) In determining 
 19.12  whether to grant a petition for a waiver of a rule or exemption 
 19.13  from enforcement of a law, the state auditor should consider the 
 19.14  following factors:  
 19.15     (1) whether there is a true and unique impediment under 
 19.16  current law to accomplishing the goal of the local government 
 19.17  unit; 
 19.18     (2) granting the waiver of a rule or exemption from 
 19.19  enforcement of law will only change procedural requirements of a 
 19.20  local government unit; 
 19.21     (3) the purpose of any rule or law that is waived is still 
 19.22  being met in another manner; 
 19.23     (4) granting the proposed waiver of a rule or exemption 
 19.24  from enforcement of a law would result in a more efficient means 
 19.25  of providing government services; and 
 19.26     (5) granting the proposed waiver will not have a 
 19.27  significant negative impact on other state government, local 
 19.28  government units, businesses, or citizens. 
 19.29     (b) If the state auditor grants a request for a waiver or 
 19.30  exemption, the state auditor and the local government unit shall 
 19.31  enter into an agreement providing for the delivery of the 
 19.32  service or program that is the subject of the application.  The 
 19.33  agreement must specify desired outcomes, the reasons why the 
 19.34  desired outcomes cannot be met under current laws or rules, and 
 19.35  the means of measurement by which the state auditor will 
 19.36  determine whether the outcomes specified in the agreement have 
 20.1   been met.  The agreement must specify the duration of the waiver 
 20.2   or exemption.  The duration of a waiver from an administrative 
 20.3   rule may be for no less than two years and no more than four 
 20.4   years, subject to renewal if both parties agree.  An exemption 
 20.5   from enforcement of a law terminates ten days after adjournment 
 20.6   of the regular legislative session held during the calendar year 
 20.7   following the year when the exemption is granted, unless the 
 20.8   legislature has acted to extend or make permanent the exemption. 
 20.9      (c) The state auditor must report any grants of waivers or 
 20.10  exemptions to the legislature, including the chairs of the 
 20.11  governmental operations and appropriate policy committees in the 
 20.12  house and senate, and the governor within 30 days. 
 20.13     (d) The state auditor may reconsider or renegotiate the 
 20.14  agreement if the rule or law affected by the waiver or exemption 
 20.15  is amended or repealed during the term of the original 
 20.16  agreement.  A waiver of a rule under this section has the effect 
 20.17  of a variance granted by an agency under section 14.055.  A 
 20.18  local unit of government that is granted an exemption from 
 20.19  enforcement of a procedural requirement in state law under this 
 20.20  section is exempt from that law for the duration of the 
 20.21  exemption.  The state auditor may require periodic reports from 
 20.22  the local government unit, or conduct investigations of the 
 20.23  service or program. 
 20.24     Subd. 6.  [ENFORCEMENT.] If the state auditor finds that 
 20.25  the local government unit is failing to comply with the terms of 
 20.26  the agreement under subdivision 5, the state auditor may rescind 
 20.27  the agreement.  Upon the rescission, the local unit of 
 20.28  government becomes subject to the rules and laws covered by the 
 20.29  agreement. 
 20.30     Subd. 7.  [ACCESS TO DATA.] If a local government unit, 
 20.31  through a cooperative program under this section, gains access 
 20.32  to data collected, created, received, or maintained by another 
 20.33  local government that is classified as not public, the unit 
 20.34  gaining access is governed by the same restrictions on access to 
 20.35  and use of the data as the unit that collected, created, 
 20.36  received, or maintained the data. 
 21.1      Sec. 5.  [8.065] [PRIVATE ATTORNEY CONTRACTS.] 
 21.2      The attorney general may not enter into a contract for 
 21.3   legal services in which the fees and expenses paid by the state 
 21.4   exceed, or can reasonably be expected to exceed, $1,000,000 
 21.5   unless the attorney general first submits the proposed contract 
 21.6   to the Legislative Advisory Commission, and waits at least 20 
 21.7   days to receive a possible recommendation from the commission. 
 21.8      Sec. 6.  [10.60] [PUBLIC WEB SITES AND PUBLICATIONS.] 
 21.9      Subdivision 1.  [DEFINITIONS.] For purposes of this section:
 21.10     (1) "political subdivision" means a county, statutory or 
 21.11  home rule charter city, town, school district, or other 
 21.12  municipal corporation, and the Metropolitan Council and a 
 21.13  metropolitan or regional agency; 
 21.14     (2) "publication" means a document printed with public 
 21.15  money by an elected or appointed official of a state agency or 
 21.16  political subdivision that is intended to be distributed 
 21.17  publicly outside of the state agency or political subdivision; 
 21.18     (3) "state agency" means an entity in the executive, 
 21.19  judicial, or legislative branch of state government; and 
 21.20     (4) "Web site" means a site maintained on the World Wide 
 21.21  Web that is available for unrestricted public access and that is 
 21.22  maintained with public money by an elected or appointed official 
 21.23  of a state agency or political subdivision. 
 21.24     Subd. 2.  [PURPOSE OF WEB SITE AND PUBLICATIONS.] The 
 21.25  purpose of a Web site and a publication must be to provide 
 21.26  information about the duties and jurisdiction of a state agency 
 21.27  or political subdivision or to facilitate access to public 
 21.28  services and information related to the responsibilities or 
 21.29  functions of the state agency or political subdivision. 
 21.30     Subd. 3.  [PROHIBITIONS.] (a) A Web site or publication 
 21.31  must not include pictures or other materials that tend to 
 21.32  attribute the Web site or publication to an individual or group 
 21.33  of individuals instead of to a public office, state agency, or 
 21.34  political subdivision.  A publication must not include the words 
 21.35  "with the compliments of" or contain letters of personal 
 21.36  greeting that promote an elected or appointed official of a 
 22.1   state agency or political subdivision. 
 22.2      (b) A Web site may not contain a link to a Weblog or site 
 22.3   maintained by a candidate, a political committee, a political 
 22.4   party or party unit, a principal campaign committee, or a state 
 22.5   committee.  Terms used in this paragraph have the meanings given 
 22.6   them in chapter 10A, except that "candidate" also includes a 
 22.7   candidate for an elected office of a political subdivision. 
 22.8      Subd. 4.  [PERMITTED MATERIAL.] (a) Material specified in 
 22.9   this subdivision may be included on a Web site or in a 
 22.10  publication, but only if the material complies with subdivision 
 22.11  2.  This subdivision is not a comprehensive list of material 
 22.12  that may be contained on a Web site or in a publication, if the 
 22.13  material complies with subdivision 2. 
 22.14     (b) A Web site or publication may include biographical 
 22.15  information about an elected or appointed official, a single 
 22.16  official photograph of the official, and photographs of the 
 22.17  official performing functions related to the office.  There is 
 22.18  no limitation on photographs, Webcasts, archives of Webcasts, 
 22.19  and audio or video files that facilitate access to information 
 22.20  or services or inform the public about the duties and 
 22.21  obligations of the office or that are intended to promote trade 
 22.22  or tourism.  A state Web site or publication may include 
 22.23  photographs or information involving civic or charitable work 
 22.24  done by the governor's spouse, provided that these activities 
 22.25  relate to the functions of the governor's office. 
 22.26     (c) A Web site or publication may include press releases, 
 22.27  proposals, policy positions, and other information directly 
 22.28  related to the legal functions, duties, and jurisdiction of a 
 22.29  public official or organization. 
 22.30     Subd. 5.  [OTHER STANDARDS.] This section does not prohibit 
 22.31  a state agency or political subdivision from adopting more 
 22.32  restrictive standards for the content of a Web site or 
 22.33  publication maintained by the agency or political subdivision. 
 22.34     Subd. 6.  [ENFORCEMENT.] Violation of this section is not a 
 22.35  crime and is not subject to civil penalty.  
 22.36     [EFFECTIVE DATE.] This section is effective for state 
 23.1   agencies July 1, 2005.  This section is effective for political 
 23.2   subdivisions July 1, 2006. 
 23.3      Sec. 7.  Minnesota Statutes 2004, section 11A.24, 
 23.4   subdivision 6, is amended to read: 
 23.5      Subd. 6.  [OTHER INVESTMENTS.] (a) In addition to the 
 23.6   investments authorized in subdivisions 1 to 5, and subject to 
 23.7   the provisions in paragraph (b), the state board may invest 
 23.8   funds in:  
 23.9      (1) venture capital investment businesses through 
 23.10  participation in limited partnerships, trusts, private 
 23.11  placements, limited liability corporations, limited liability 
 23.12  companies, limited liability partnerships, and corporations; 
 23.13     (2) real estate ownership interests or loans secured by 
 23.14  mortgages or deeds of trust or shares of real estate investment 
 23.15  trusts through investment in limited partnerships, bank 
 23.16  sponsored collective funds, trusts, mortgage participation 
 23.17  agreements, and insurance company commingled accounts, including 
 23.18  separate accounts; 
 23.19     (3) regional and mutual funds through bank sponsored 
 23.20  collective funds and open-end investment companies registered 
 23.21  under the Federal Investment Company Act of 1940, and closed-end 
 23.22  mutual funds listed on an exchange regulated by a governmental 
 23.23  agency; 
 23.24     (4) resource investments through limited partnerships, 
 23.25  trusts, private placements, limited liability corporations, 
 23.26  limited liability companies, limited liability partnerships, and 
 23.27  corporations; and 
 23.28     (5) international securities. 
 23.29     (b) The investments authorized in paragraph (a) must 
 23.30  conform to the following provisions:  
 23.31     (1) the aggregate value of all investments made according 
 23.32  to paragraph (a), clauses (1) to (4), may not exceed 35 percent 
 23.33  of the market value of the fund for which the state board is 
 23.34  investing; 
 23.35     (2) there must be at least four unrelated owners of the 
 23.36  investment other than the state board for investments made under 
 24.1   paragraph (a), clause (1), (2), (3), or (4); 
 24.2      (3) state board participation in an investment vehicle is 
 24.3   limited to 20 percent thereof for investments made under 
 24.4   paragraph (a), clause (1), (2), (3), or (4); and 
 24.5      (4) state board participation in a limited partnership does 
 24.6   not include a general partnership interest or other interest 
 24.7   involving general liability.  The state board may not engage in 
 24.8   any activity as a limited partner which creates general 
 24.9   liability.  
 24.10     (c) All financial, business, or proprietary data collected, 
 24.11  created, received, or maintained by the state board in 
 24.12  connection with investments authorized by paragraph (a), clause 
 24.13  (1), (2), or (4), are nonpublic data under section 13.02, 
 24.14  subdivision 9.  As used in this paragraph, "financial, business, 
 24.15  or proprietary data" means data, as determined by the 
 24.16  responsible authority for the state board, that is of a 
 24.17  financial, business, or proprietary nature, the release of which 
 24.18  could cause competitive harm to the state board, the legal 
 24.19  entity in which the state board has invested or has considered 
 24.20  an investment, the managing entity of an investment, or a 
 24.21  portfolio company in which the legal entity holds an interest.  
 24.22  As used in this section, "business data" is data described in 
 24.23  section 13.591, subdivision 1.  Regardless of whether they could 
 24.24  be considered financial, business, or proprietary data, the 
 24.25  following data received, prepared, used, or retained by the 
 24.26  state board in connection with investments authorized by 
 24.27  paragraph (a), clause (1), (2), or (4), are public at all times: 
 24.28     (1) the name and industry group classification of the legal 
 24.29  entity in which the state board has invested or in which the 
 24.30  state board has considered an investment; 
 24.31     (2) the state board commitment amount, if any; 
 24.32     (3) the funded amount of the state board's commitment to 
 24.33  date, if any; 
 24.34     (4) the market value of the investment by the state board; 
 24.35     (5) the state board's internal rate of return for the 
 24.36  investment, including expenditures and receipts used in the 
 25.1   calculation of the investment's internal rate of return; and 
 25.2      (6) the age of the investment in years. 
 25.3      [EFFECTIVE DATE.] This section is effective the day 
 25.4   following final enactment. 
 25.5      Sec. 8.  Minnesota Statutes 2004, section 13.635, is 
 25.6   amended by adding a subdivision to read: 
 25.7      Subd. 1a.  [STATE BOARD OF INVESTMENT.] Certain government 
 25.8   data of the State Board of Investment related to investments are 
 25.9   classified under section 11A.24, subdivision 6. 
 25.10     Sec. 9.  [14.127] [LEGISLATIVE APPROVAL REQUIRED.] 
 25.11     Subdivision 1.  [COST THRESHOLDS.] An agency must determine 
 25.12  if the cost of complying with a proposed rule in the first year 
 25.13  after the rule takes effect will exceed $25,000 for:  (1) any 
 25.14  one business that has less than 50 full-time employees; or (2) 
 25.15  any one statutory or home rule charter city that has less than 
 25.16  ten full-time employees.  For purposes of this section, 
 25.17  "business" means a business entity organized for profit or as a 
 25.18  nonprofit, and includes an individual, partnership, corporation, 
 25.19  joint venture, association, or cooperative. 
 25.20     Subd. 2.  [AGENCY DETERMINATION.] An agency must make the 
 25.21  determination required by subdivision 1 before the close of the 
 25.22  hearing record, or before the agency submits the record to the 
 25.23  administrative law judge if there is no hearing.  The 
 25.24  administrative law judge must review and approve or disapprove 
 25.25  the agency determination under this section. 
 25.26     Subd. 3.  [LEGISLATIVE APPROVAL REQUIRED.] If the agency 
 25.27  determines that the cost exceeds the threshold in subdivision 1, 
 25.28  or if the administrative law judge disapproves the agency's 
 25.29  determination that the cost does not exceed the threshold in 
 25.30  subdivision 1, any business that has less than 50 full-time 
 25.31  employees or any statutory or home rule charter city that has 
 25.32  less than ten full-time employees may file a written statement 
 25.33  with the agency claiming a temporary exemption from the rules.  
 25.34  Upon filing of such a statement with the agency, the rules do 
 25.35  not apply to that business or that city until the rules are 
 25.36  approved by a law enacted after the agency determination or 
 26.1   administrative law judge disapproval. 
 26.2      Subd. 4.  [EXCEPTIONS.] (a) Subdivision 3 does not apply if 
 26.3   the administrative law judge approves an agency's determination 
 26.4   that the legislature has appropriated money to sufficiently fund 
 26.5   the expected cost of the rule upon the business or city proposed 
 26.6   to be regulated by the rule. 
 26.7      (b) Subdivision 3 does not apply if the administrative law 
 26.8   judge approves an agency's determination that the rule has been 
 26.9   proposed pursuant to a specific federal statutory or regulatory 
 26.10  mandate. 
 26.11     (c) This section does not apply if the rule is adopted 
 26.12  under section 14.388 or under another law specifying that the 
 26.13  rulemaking procedures of this chapter do not apply.  
 26.14     (d) This section does not apply to a rule adopted by the 
 26.15  Public Utilities Commission. 
 26.16     (e) Subdivision 3 does not apply if the governor waives 
 26.17  application of subdivision 3.  The governor may issue a waiver 
 26.18  at any time, either before or after the rule would take effect, 
 26.19  but for the requirement of legislative approval.  As soon as 
 26.20  possible after issuing a waiver under this paragraph, the 
 26.21  governor must send notice of the waiver to the speaker of the 
 26.22  house of representatives and the president of the senate and 
 26.23  must publish notice of this determination in the State Register. 
 26.24     Subd. 5.  [SEVERABILITY.] If an administrative law judge 
 26.25  determines that part of a proposed rule exceeds the threshold 
 26.26  specified in subdivision 1, but that a severable portion of a 
 26.27  proposed rule does not exceed the threshold in subdivision 1, 
 26.28  the administrative law judge may provide that the severable 
 26.29  portion of the rule that does not exceed the threshold may take 
 26.30  effect without legislative approval.  
 26.31     [EFFECTIVE DATE.] This section is effective July 1, 2005.  
 26.32  This section applies to any rule for which the hearing record 
 26.33  has not closed before July 1, 2005, or, if there is no public 
 26.34  hearing, for which the agency has not submitted the record to 
 26.35  the administrative law judge before that date. 
 26.36     Sec. 10.  Minnesota Statutes 2004, section 14.19, is 
 27.1   amended to read: 
 27.2      14.19 [DEADLINE TO COMPLETE RULEMAKING.] 
 27.3      Within 180 days after issuance of the administrative law 
 27.4   judge's report or that of the chief administrative law judge, 
 27.5   the agency shall submit its notice of adoption, amendment, or 
 27.6   repeal to the State Register for publication.  If the agency has 
 27.7   not submitted its notice to the State Register within 180 days, 
 27.8   the rule is automatically withdrawn.  The agency may not adopt 
 27.9   the withdrawn rules without again following the procedures of 
 27.10  sections 14.05 to 14.28, with the exception of section 14.101, 
 27.11  if the noncompliance is approved by the chief administrative law 
 27.12  judge.  The agency shall report to the Legislative Coordinating 
 27.13  Commission, other appropriate committees of the legislature, and 
 27.14  the governor its failure to adopt rules and the reasons for that 
 27.15  failure.  The 180-day time limit of this section does not 
 27.16  include:  
 27.17     (1) any days used for review by the chief administrative 
 27.18  law judge or the commission if the review is required by law; or 
 27.19     (2) days during which the rule cannot be adopted, because 
 27.20  of votes by legislative committees under section 14.126; or 
 27.21     (3) days during which the rule cannot be adopted because 
 27.22  approval of the legislature is required under section 14.127. 
 27.23     Sec. 11.  Minnesota Statutes 2004, section 15.054, is 
 27.24  amended to read: 
 27.25     15.054 [PUBLIC EMPLOYEES NOT TO PURCHASE MERCHANDISE FROM 
 27.26  GOVERNMENTAL AGENCIES; EXCEPTIONS; PENALTY.] 
 27.27     No officer or employee of the state or any of its political 
 27.28  subdivisions shall sell or procure for sale or possess or 
 27.29  control for sale to any other officer or employee of the state 
 27.30  or subdivision, as appropriate, any property or materials owned 
 27.31  by the state or subdivision except pursuant to conditions 
 27.32  provided in this section.  Property or materials owned by the 
 27.33  state or a subdivision and not needed for public purposes, may 
 27.34  be sold to an employee of the state or subdivision after 
 27.35  reasonable public notice at a public auction or by sealed 
 27.36  response, if the employee is not directly involved in the 
 28.1   auction or process pertaining to the administration and 
 28.2   collection of sealed responses.  Requirements for reasonable 
 28.3   public notice may be prescribed by other law or ordinance so 
 28.4   long as at least one week's published notice is specified.  An 
 28.5   employee of the state or a political subdivision may purchase no 
 28.6   more than one motor vehicle from the state in any 12-month 
 28.7   period at any one auction.  A person violating the provisions of 
 28.8   this section is guilty of a misdemeanor.  This section shall not 
 28.9   apply to the sale of property or materials acquired or produced 
 28.10  by the state or subdivision for sale to the general public in 
 28.11  the ordinary course of business.  Nothing in this section shall 
 28.12  prohibit an employee of the state or a political subdivision 
 28.13  from selling or possessing for sale public property if the sale 
 28.14  or possession for sale is in the ordinary course of business or 
 28.15  normal course of the employee's duties. 
 28.16     Sec. 12.  [15.60] [PUBLIC SAFETY OFFICERS; AMERICAN FLAG.] 
 28.17     (a) A public employer may not forbid a peace officer or 
 28.18  firefighter from wearing a patch or pin depicting the flag of 
 28.19  the United States of America on the employee's uniform, 
 28.20  according to customary and standard flag etiquette.  However, a 
 28.21  public employer may limit the size of a flag patch worn on a 
 28.22  uniform to no more than three inches by five inches. 
 28.23     (b) For purposes of this section: 
 28.24     (1) "peace officer" has the meaning given in section 
 28.25  626.84, subdivision 1, paragraph (c) or (f); 
 28.26     (2) "firefighter" means a person as defined in section 
 28.27  299A.41, subdivision 4, clause (3) or (4); and 
 28.28     (3) "public employer" has the meaning given in section 
 28.29  179A.03, subdivision 15, and also includes a municipal fire 
 28.30  department and an independent nonprofit firefighting corporation.
 28.31     (c) A peace officer or firefighter who believes a public 
 28.32  employer is violating this section may request the attorney 
 28.33  general to issue an opinion on the issue.  Upon request, the 
 28.34  attorney general must issue a written opinion, which is binding, 
 28.35  unless a court makes a contrary decision.  If after issuing an 
 28.36  opinion, the attorney general determines that a public employer 
 29.1   continues to violate this section, the attorney general may 
 29.2   bring an action in district court to compel compliance. 
 29.3      Sec. 13.  Minnesota Statutes 2004, section 16A.103, is 
 29.4   amended by adding a subdivision to read: 
 29.5      Subd. 4.  [REPORT ON EXPENDITURE INCREASES.] By January 10 
 29.6   of an odd-numbered year, the commissioner of finance must report 
 29.7   on those programs or components of programs for which 
 29.8   expenditures for the next biennium according to the forecast 
 29.9   issued the previous November are projected to increase more than 
 29.10  15 percent over the expenditures for that program in the current 
 29.11  biennium.  The report must include an analysis of the factors 
 29.12  that are causing the increases in expenditures. 
 29.13     Sec. 14.  Minnesota Statutes 2004, section 16A.1286, 
 29.14  subdivision 3, is amended to read: 
 29.15     Subd. 3.  [APPROPRIATION.] Money transferred into the 
 29.16  account is appropriated to the commissioner to pay for statewide 
 29.17  systems services during the biennium in which it is appropriated.
 29.18     Sec. 15.  Minnesota Statutes 2004, section 16A.151, 
 29.19  subdivision 2, is amended to read: 
 29.20     Subd. 2.  [EXCEPTIONS.] (a) If a state official litigates 
 29.21  or settles a matter on behalf of specific injured persons or 
 29.22  entities, this section does not prohibit distribution of money 
 29.23  to the specific injured persons or entities on whose behalf the 
 29.24  litigation or settlement efforts were initiated.  If money 
 29.25  recovered on behalf of injured persons or entities cannot 
 29.26  reasonably be distributed to those persons or entities because 
 29.27  they cannot readily be located or identified or because the cost 
 29.28  of distributing the money would outweigh the benefit to the 
 29.29  persons or entities, the money must be paid into the general 
 29.30  fund.  
 29.31     (b) Money recovered on behalf of a fund in the state 
 29.32  treasury other than the general fund may be deposited in that 
 29.33  fund. 
 29.34     (c) This section does not prohibit a state official from 
 29.35  distributing money to a person or entity other than the state in 
 29.36  litigation or potential litigation in which the state is a 
 30.1   defendant or potential defendant. 
 30.2      (d) State agencies may accept funds as directed by a 
 30.3   federal court for any restitution or monetary penalty under 
 30.4   United States Code, title 18, section 3663(a)(3) or United 
 30.5   States Code, title 18, section 3663A(a)(3).  Funds received must 
 30.6   be deposited in a special revenue account and are appropriated 
 30.7   to the commissioner of the agency for the purpose as directed by 
 30.8   the federal court. 
 30.9      (e) Subdivision 1 does not apply to a recovery or 
 30.10  settlement of less than $750,000. 
 30.11     Sec. 16.  Minnesota Statutes 2004, section 16A.152, 
 30.12  subdivision 2, is amended to read: 
 30.13     Subd. 2.  [ADDITIONAL REVENUES; PRIORITY.] (a) If on the 
 30.14  basis of a forecast of general fund revenues and expenditures, 
 30.15  the commissioner of finance determines that there will be a 
 30.16  positive unrestricted budgetary general fund balance at the 
 30.17  close of the biennium, the commissioner of finance must allocate 
 30.18  money to the following accounts and purposes in priority order: 
 30.19     (1) the cash flow account established in subdivision 1 
 30.20  until that account reaches $350,000,000; 
 30.21     (2) the budget reserve account established in subdivision 
 30.22  1a until that account reaches $653,000,000; 
 30.23     (3) the amount necessary to increase the aid payment 
 30.24  schedule for school district aids and credits payments in 
 30.25  section 127A.45 to not more than 90 percent rounded to the 
 30.26  nearest tenth of a percent without exceeding the amount 
 30.27  available and with any remaining funds deposited in the budget 
 30.28  reserve; and 
 30.29     (4) the amount necessary to restore all or a portion of the 
 30.30  net aid reductions under section 127A.441 and to reduce the 
 30.31  property tax revenue recognition shift under section 123B.75, 
 30.32  subdivision 5, paragraph (c), and Laws 2003, First Special 
 30.33  Session chapter 9, article 5, section 34, as amended by Laws 
 30.34  2003, First Special Session chapter 23, section 20, by the same 
 30.35  amount. 
 30.36     (b) The amounts necessary to meet the requirements of this 
 31.1   section are appropriated from the general fund within two weeks 
 31.2   after the forecast is released or, in the case of transfers 
 31.3   under paragraph (a), clauses (3) and (4), as necessary to meet 
 31.4   the appropriations schedules otherwise established in statute. 
 31.5      (c) To the extent that a positive unrestricted budgetary 
 31.6   general fund balance is projected, appropriations under this 
 31.7   section must be made before any transfer is made under section 
 31.8   16A.1522 takes effect. 
 31.9      (d) The commissioner of finance shall certify the total 
 31.10  dollar amount of the reductions under paragraph (a), clauses (3) 
 31.11  and (4), to the commissioner of education.  The commissioner of 
 31.12  education shall increase the aid payment percentage and reduce 
 31.13  the property tax shift percentage by these amounts and apply 
 31.14  those reductions to the current fiscal year and thereafter.  
 31.15     Sec. 17.  Minnesota Statutes 2004, section 16A.1522, 
 31.16  subdivision 1, is amended to read: 
 31.17     Subdivision 1.  [FORECAST.] If, on the basis of a forecast 
 31.18  of general fund revenues and expenditures in November of an 
 31.19  even-numbered year or February of an odd-numbered year, the 
 31.20  commissioner projects a positive unrestricted budgetary general 
 31.21  fund balance at the close of the biennium that exceeds one-half 
 31.22  of one percent of total general fund biennial revenues, the 
 31.23  commissioner shall designate the entire balance as available for 
 31.24  rebate to the taxpayers of this state.  In forecasting, 
 31.25  projecting, or designating the unrestricted budgetary general 
 31.26  fund balance or general fund biennial revenue under this 
 31.27  section, the commissioner shall not include any balance or 
 31.28  revenue attributable to settlement payments received after July 
 31.29  1, 1998, and before July 1, 2001, as defined in Section IIB of 
 31.30  the settlement document, filed May 18, 1998, in State v. Philip 
 31.31  Morris, Inc., No. C1-94-8565 (Minnesota District Court, Second 
 31.32  Judicial District).  
 31.33     Sec. 18.  Minnesota Statutes 2004, section 16A.281, is 
 31.34  amended to read: 
 31.35     16A.281 [APPROPRIATIONS TO LEGISLATURE.] 
 31.36     Except as provided in this section, section 16A.28 applies 
 32.1   to appropriations made to the legislature, the senate, the house 
 32.2   of representatives, or its committees or commissions.  An 
 32.3   appropriation made to the legislature, the senate, the house of 
 32.4   representatives, or a legislative commission or committee other 
 32.5   than a standing committee, if not spent during the first year, 
 32.6   may be spent during the second year of a biennium.  An 
 32.7   unexpended balance not carried forward and remaining unexpended 
 32.8   and unencumbered at the end of a biennium lapses and shall be 
 32.9   returned to the fund from which appropriated.  Balances may be 
 32.10  carried forward into the next biennium and credited to special 
 32.11  accounts to be used only as follows:  (1) for nonrecurring 
 32.12  expenditures on investments that enhance efficiency or improve 
 32.13  effectiveness; (2) to pay expenses associated with special 
 32.14  sessions, interim activities, public hearings, or other public 
 32.15  outreach efforts and related activities; and (3) to pay 
 32.16  severance costs of involuntary terminations.  The approval of 
 32.17  the commissioner of finance under section 16A.28, subdivision 2, 
 32.18  does not apply to the legislature.  An appropriation made to the 
 32.19  legislature, the senate, the house of representatives, or a 
 32.20  standing committee for all or part of a biennium may be spent in 
 32.21  either year of the biennium. 
 32.22     Sec. 19.  [16B.296] [TRANSFER OF REAL PROPERTY.] 
 32.23     Notwithstanding any law to the contrary, real property 
 32.24  purchased in whole or in part with state funds may not be 
 32.25  transferred for less than the appraised value, or if the 
 32.26  property has not been appraised, for less than the fair market 
 32.27  value as determined by the commissioner of administration.  This 
 32.28  section does not apply to a department listed in section 15.01, 
 32.29  the Minnesota State Colleges and Universities, the University of 
 32.30  Minnesota, or a political subdivision of the state. 
 32.31     Sec. 20.  Minnesota Statutes 2004, section 16B.33, 
 32.32  subdivision 4, is amended to read: 
 32.33     Subd. 4.  [DESIGNER SELECTION PROCESS.] (a)  [ PUBLICITY.] 
 32.34  Upon receipt of a request from a user agency for a primary 
 32.35  designer, the board shall publicize the proposed project in 
 32.36  order to determine the identity of designers interested in the 
 33.1   design work on the project.  The board shall establish criteria 
 33.2   for the selection process and make this information public, and 
 33.3   shall compile data on and conduct interviews of designers.  The 
 33.4   board's selection criteria must include consideration of each 
 33.5   interested designer's performance on previous projects for the 
 33.6   state or any other person.  Upon completing the process, the 
 33.7   board shall select the primary designer and shall state its 
 33.8   reasons in writing.  If the board's vote for the selection of a 
 33.9   primary designer results in a tie vote, the nonvoting member 
 33.10  appointed under subdivision 2, paragraph (b), must vote for the 
 33.11  selection of the primary designer.  Notification to the 
 33.12  commissioner of the selection shall be made not more than 60 
 33.13  days after receipt from a user agency of a request for a primary 
 33.14  designer.  The commissioner shall promptly notify the designer 
 33.15  and the user agency.  The commissioner shall negotiate the 
 33.16  designer's fee and prepare the contract to be entered into 
 33.17  between the designer and the user agency.  
 33.18     (b)  [CONFLICT OF INTEREST.] A board member may not 
 33.19  participate in the review, discussion, or selection of a 
 33.20  designer or firm in which the member has a financial interest. 
 33.21     (c)  [SELECTION BY COMMISSIONER.] In the event the board 
 33.22  receives a request for a primary designer on a project, the 
 33.23  estimated cost of which is less than the limit established by 
 33.24  subdivision 3, or a planning project with estimated fees of less 
 33.25  than the limit established by subdivision 3, the board may 
 33.26  submit the request to the commissioner of administration, with 
 33.27  or without recommendations, and the commissioner shall thereupon 
 33.28  select the primary designer for the project.  
 33.29     (d)  [SECOND SELECTION.] If the designer selected for a 
 33.30  project declines the appointment or is unable to reach agreement 
 33.31  with the commissioner on the fee or the terms of the contract, 
 33.32  the commissioner shall, within 60 days after the first 
 33.33  appointment, request the board to make another selection.  
 33.34     (e)  [SIXTY DAYS TO SELECT.] If the board fails to make a 
 33.35  selection and forward its recommendation to the commissioner 
 33.36  within 60 days of the user agency's request for a designer, the 
 34.1   commissioner may appoint a designer to the project without the 
 34.2   recommendation of the board.  
 34.3      (f)  [LESS THAN SATISFACTORY PERFORMANCE.] The 
 34.4   commissioner, or the University of Minnesota and the Minnesota 
 34.5   State Colleges and Universities for projects under their 
 34.6   supervision, shall forward to the board a written report 
 34.7   describing each instance in which the performance of a designer 
 34.8   selected by the board or the commissioner has been less than 
 34.9   satisfactory.  Criteria for determining satisfaction include the 
 34.10  ability of the designer to complete design work on time, to 
 34.11  provide a design responsive to program needs within the 
 34.12  constraints of the budget, to solve design problems and achieve 
 34.13  a design consistent with the proposed function of the building, 
 34.14  to avoid costly design errors or omissions, and to observe the 
 34.15  construction work.  These reports are public data and are 
 34.16  available for inspection under section 13.03. 
 34.17     Sec. 21.  [16C.064] [COST-BENEFIT ANALYSIS.] 
 34.18     (a) The commissioner or an agency official to whom the 
 34.19  commissioner has delegated duties under section 16C.03, 
 34.20  subdivision 16, may not approve a contract or purchase of goods 
 34.21  or services in an amount greater than $50,000,000 unless a 
 34.22  cost-benefit analysis has been completed and shows a positive 
 34.23  benefit to the public.  The Management Analysis Division must 
 34.24  perform or direct the performance of the analysis.  Money 
 34.25  appropriated for the contract or purchase must be used to pay 
 34.26  for the analysis.  A cost-benefit analysis must be performed for 
 34.27  a project if an aggregation of contracts or purchases for a 
 34.28  project exceeds $50,000,000. 
 34.29     (b) All cost-benefit analysis documents under this section, 
 34.30  including preliminary drafts and notes, are public data. 
 34.31     (c) If a cost-benefit analysis does not show a positive 
 34.32  benefit to the public, the governor may approve a contract or 
 34.33  purchase of goods or services if a cost-effectiveness study had 
 34.34  been done that shows the proposed project is the most effective 
 34.35  way to provide a necessary public good. 
 34.36     (d) This section applies to contracts for goods or services 
 35.1   that are expected to have a useful life of more than three 
 35.2   years.  This section does not apply for purchase of goods or 
 35.3   services for response to a natural disaster if an emergency has 
 35.4   been declared by the governor.  This section does not apply to 
 35.5   contracts involving the Minnesota state colleges and 
 35.6   universities, state buildings, or state highways. 
 35.7      (e) This section is repealed effective July 1, 2008. 
 35.8      Sec. 22.  Minnesota Statutes 2004, section 16C.10, 
 35.9   subdivision 7 is amended to read:  
 35.10     Subd. 7.  [REVERSE AUCTION.] (a) For the purpose of this 
 35.11  subdivision, "reverse auction" means a purchasing process in 
 35.12  which vendors compete to provide goods or engineering design or 
 35.13  computer services at the lowest selling price in an open and 
 35.14  interactive environment. 
 35.15     (b) The provisions of sections 13.591, subdivision 3, and 
 35.16  16C.06, subdivision 2, do not apply when the commissioner 
 35.17  determines that a reverse auction is the appropriate purchasing 
 35.18  process.  
 35.19     Sec. 23.  [16C.143] [ENERGY FORWARD PRICING MECHANISMS.] 
 35.20     Subdivision 1.  [DEFINITIONS.] The following definitions 
 35.21  apply in this section: 
 35.22     (1) "energy" means natural gas, heating oil, propane, and 
 35.23  any other energy source except electricity used in state 
 35.24  facilities; and 
 35.25     (2) "forward pricing mechanism" means a contract or 
 35.26  financial instrument that obligates a state agency to buy or 
 35.27  sell a specified quantity of energy at a future date at a set 
 35.28  price. 
 35.29     Subd. 2.  [AUTHORITY.] Notwithstanding any other law to the 
 35.30  contrary, the commissioner may use forward pricing mechanisms 
 35.31  for budget risk reduction. 
 35.32     Subd. 3.  [CONDITIONS.] Forward pricing mechanism 
 35.33  transactions must be made only under the following conditions: 
 35.34     (1) the quantity of energy affected by the forward pricing 
 35.35  mechanism must not exceed 90 percent of the estimated energy use 
 35.36  for the state agency for the same period, which shall not exceed 
 36.1   24 months; and 
 36.2      (2) a separate account must be established for each state 
 36.3   agency using a forward pricing mechanism. 
 36.4      Subd. 4.  [WRITTEN POLICIES AND PROCEDURES.] Before 
 36.5   exercising the authority under this section, the commissioner 
 36.6   must develop written policies and procedures governing the use 
 36.7   of forward pricing mechanisms.  
 36.8      [EFFECTIVE DATE.] This section is effective the day 
 36.9   following final enactment. 
 36.10     Sec. 24.  Minnesota Statutes 2004, section 16C.144, is 
 36.11  amended to read: 
 36.12     16C.144 [GUARANTEED ENERGY SAVINGS CONTRACTS PROGRAM.] 
 36.13     Subdivision 1.  [DEFINITIONS.] The following definitions 
 36.14  apply to this section.  
 36.15     (a) "Utility" means electricity, natural gas, or other 
 36.16  energy resource, water, and wastewater. 
 36.17     (b) "Utility cost savings" means the difference between the 
 36.18  utility costs under the precontract conditions and the utility 
 36.19  costs after the changes have been made under the contract.  Such 
 36.20  savings shall be calculated in comparison to an established 
 36.21  baseline of utility costs installation of the utility 
 36.22  cost-savings measures pursuant to the guaranteed energy savings 
 36.23  agreement and the baseline utility costs after baseline 
 36.24  adjustments have been made. 
 36.25     (c) "Established baseline" means the precontract utilities, 
 36.26  operations, and maintenance costs.  
 36.27     (d) "Baseline" means the preagreement utilities, 
 36.28  operations, and maintenance costs. 
 36.29     (d) "Utility cost-savings measure" means a measure that 
 36.30  produces utility cost savings and/or or operation and 
 36.31  maintenance cost savings.  
 36.32     (e) "Operation and maintenance cost savings" means a 
 36.33  measurable decrease in difference between operation and 
 36.34  maintenance costs after the installation of the utility 
 36.35  cost-savings measures pursuant to the guaranteed energy savings 
 36.36  agreement and the baseline operation and maintenance costs that 
 37.1   is a direct result of the implementation of one or more utility 
 37.2   cost-savings measures but does after inflation adjustments have 
 37.3   been made.  Operation and maintenance costs savings shall not 
 37.4   include savings from in-house staff labor.  Such savings shall 
 37.5   be calculated in comparison to an established baseline of 
 37.6   operation and maintenance costs. 
 37.7      (f) "Guaranteed energy savings contract agreement" means a 
 37.8   contract an agreement for the evaluation, recommendation, and 
 37.9   installation of one or more utility cost-savings measures that 
 37.10  includes the qualified provider's guarantee as required under 
 37.11  subdivision 2.  The contract must provide that all payments are 
 37.12  to be made over time but not to exceed ten years from the date 
 37.13  of final installation, and the savings are guaranteed to the 
 37.14  extent necessary to make payments for the utility cost-savings 
 37.15  measures.  
 37.16     (g) "Baseline adjustments" means adjusting the established 
 37.17  utility cost savings baselines in paragraphs (b) and 
 37.18  (d) annually for changes in the following variables: 
 37.19     (1) utility rates; 
 37.20     (2) number of days in the utility billing cycle; 
 37.21     (3) square footage of the facility; 
 37.22     (4) operational schedule of the facility; 
 37.23     (5) facility temperature set points; 
 37.24     (6) weather; and 
 37.25     (7) amount of equipment or lighting utilized in the 
 37.26  facility.  
 37.27     (h) "Inflation adjustment" means adjusting the operation 
 37.28  and maintenance cost-savings baseline annually for inflation. 
 37.29     (i) "Lease purchase contract agreement" means a 
 37.30  contract an agreement obligating the state to make regular lease 
 37.31  payments to satisfy the lease costs of the utility cost-savings 
 37.32  measures until the final payment, after which time the utility 
 37.33  cost-savings measures become the sole property of the state of 
 37.34  Minnesota.  
 37.35     (i) (j) "Qualified provider" means a person or business 
 37.36  experienced in the design, implementation, and installation of 
 38.1   utility cost-savings measures. 
 38.2      (j) (k) "Engineering report" means a report prepared by a 
 38.3   professional engineer licensed by the state of Minnesota 
 38.4   summarizing estimates of all costs of installations, 
 38.5   modifications, or remodeling, including costs of design, 
 38.6   engineering, installation, maintenance, repairs, and estimates 
 38.7   of the amounts by which utility and operation and maintenance 
 38.8   costs will be reduced.  
 38.9      (k) (l) "Capital cost avoidance" means money expended by a 
 38.10  state agency to pay for utility cost-savings measures with a 
 38.11  guaranteed savings contract agreement so long as the measures 
 38.12  that are being implemented to achieve the utility, operation, 
 38.13  and maintenance cost savings are a significant portion of an 
 38.14  overall project as determined by the commissioner. 
 38.15     (l) (m) "Guaranteed energy savings contracting program 
 38.16  guidelines" means policies, procedures, and requirements of 
 38.17  guaranteed savings contracts agreements established by the 
 38.18  Department of Administration upon enacting this legislation. 
 38.19     Subd. 2.  [GUARANTEED ENERGY SAVINGS CONTRACT AGREEMENT.] 
 38.20  The commissioner may enter into a guaranteed energy savings 
 38.21  contract agreement with a qualified provider if: 
 38.22     (1) the qualified provider is selected through a 
 38.23  competitive process in accordance with the guaranteed energy 
 38.24  savings contracting program guidelines within the Department of 
 38.25  Administration; 
 38.26     (2) the qualified provider agrees to submit an engineering 
 38.27  report prior to the execution of the guaranteed energy savings 
 38.28  contract agreement.  The cost of the engineering report may be 
 38.29  considered as part of the implementation costs if the 
 38.30  commissioner enters into a guaranteed energy savings agreement 
 38.31  with the provider; 
 38.32     (3) the term of the guaranteed energy savings agreement 
 38.33  shall not exceed 15 years from the date of final installation; 
 38.34     (4) the commissioner finds that the amount it would spend 
 38.35  on the utility cost-savings measures recommended in the 
 38.36  engineering report will not exceed the amount to be saved in 
 39.1   utility operation and maintenance costs over ten 15 years from 
 39.2   the date of implementation of utility cost-savings measures; 
 39.3      (4) (5) the qualified provider provides a written guarantee 
 39.4   that the annual utility, operation, and maintenance cost savings 
 39.5   during the term of the guaranteed energy savings agreement will 
 39.6   meet or exceed the costs of the guaranteed savings contract 
 39.7   annual payments due under a lease purchase agreement.  The 
 39.8   qualified provider shall reimburse the state for any shortfall 
 39.9   of guaranteed utility, operation, and maintenance cost savings; 
 39.10  and 
 39.11     (5) (6) the qualified provider gives a sufficient bond in 
 39.12  accordance with section 574.26 to the commissioner for the 
 39.13  faithful implementation and installation of the utility 
 39.14  cost-savings measures.  
 39.15     Subd. 3.  [LEASE PURCHASE CONTRACT AGREEMENT.] The 
 39.16  commissioner may enter into a lease purchase agreement with any 
 39.17  party for the implementation of utility cost-savings measures in 
 39.18  accordance with an engineering report the guaranteed energy 
 39.19  savings agreement.  The implementation costs of the utility 
 39.20  cost-savings measures recommended in the engineering report 
 39.21  shall not exceed the amount to be saved in utility and operation 
 39.22  and maintenance costs over the term of the lease purchase 
 39.23  agreement.  The term of the lease purchase agreement shall not 
 39.24  exceed ten 15 years from the date of final installation.  The 
 39.25  lease is assignable in accordance with terms approved by the 
 39.26  commissioner of finance. 
 39.27     Subd. 4.  [USE OF CAPITAL COST AVOIDANCE.] The affected 
 39.28  state agency may contribute funds for capital cost avoidance for 
 39.29  guaranteed energy savings contracts agreements.  Use of capital 
 39.30  cost avoidance is subject to the guaranteed energy savings 
 39.31  contracting program guidelines within the Department of 
 39.32  Administration. 
 39.33     Subd. 5.  [REPORT.] By January 15 of 2005 and, 2007, the 
 39.34  commissioner of administration shall submit to the commissioner 
 39.35  of finance and the chairs of the senate and house of 
 39.36  representatives capital investment committees a list of projects 
 40.1   in the agency that have been funded using guaranteed energy 
 40.2   savings, as outlined in this section, during the preceding 
 40.3   biennium.  For each guaranteed energy savings contract agreement 
 40.4   entered into, the commissioner of administration shall contract 
 40.5   with an independent third party to evaluate the 
 40.6   cost-effectiveness of each utility cost-savings measure 
 40.7   implemented to ensure that such measures were the least-cost 
 40.8   measures available.  For the purposes of this section, 
 40.9   "independent third party" means an entity not affiliated with 
 40.10  the qualified provider, that is not involved in creating or 
 40.11  providing conservation project services to that provider, and 
 40.12  that has expertise (or access to expertise) in energy savings 
 40.13  practices.  
 40.14     Subd. 6.  [CONTRACT LIMITS.] Contracts may not be entered 
 40.15  into after June 30, 2007. 
 40.16     [EFFECTIVE DATE.] This section is effective the day 
 40.17  following final enactment. 
 40.18     Sec. 25.  Minnesota Statutes 2004, section 16C.16, 
 40.19  subdivision 1, is amended to read: 
 40.20     Subdivision 1.  [SMALL BUSINESS PROCUREMENTS.] (a) The 
 40.21  commissioner shall for each fiscal year ensure that small 
 40.22  businesses receive at least 25 percent of the value of 
 40.23  anticipated total state procurement of goods and services, 
 40.24  including printing and construction.  The commissioner shall 
 40.25  divide the procurements so designated into contract award units 
 40.26  of economically feasible production runs in order to facilitate 
 40.27  offers or bids from small businesses.  
 40.28     (b) The commissioner must solicit and encourage Minnesota 
 40.29  small businesses to submit responses or bids when the 
 40.30  commissioner is entering into master contracts.  If 
 40.31  cost-effective, when entering into a master contract, the 
 40.32  commissioner must attempt to negotiate contract terms that allow 
 40.33  agencies the option of purchasing from small businesses, 
 40.34  particularly small businesses that are geographically proximate 
 40.35  to the entity making the purchase. 
 40.36     (c) In making the annual designation of such procurements 
 41.1   the commissioner shall attempt (1) to vary the included 
 41.2   procurements so that a variety of goods and services produced by 
 41.3   different small businesses are obtained each year, and (2) to 
 41.4   designate small business procurements in a manner that will 
 41.5   encourage proportional distribution of such awards among the 
 41.6   geographical regions of the state.  To promote the geographical 
 41.7   distribution of awards, the commissioner may designate a portion 
 41.8   of the small business procurement for award to bidders from a 
 41.9   specified congressional district or other geographical region 
 41.10  specified by the commissioner.  The failure of the commissioner 
 41.11  to designate particular procurements shall not be deemed to 
 41.12  prohibit or discourage small businesses from seeking the 
 41.13  procurement award through the normal process.  
 41.14     Sec. 26.  [16C.231] [SURPLUS PROPERTY.] 
 41.15     Notwithstanding section 15.054 or 16C.23, the commissioner 
 41.16  may sell a surplus gun used by a state trooper to the trooper 
 41.17  who used the gun in the course of employment.  The sale price 
 41.18  must be the fair market value of the gun, as determined by the 
 41.19  commissioner. 
 41.20     Sec. 27.  Minnesota Statutes 2004, section 16C.26, 
 41.21  subdivision 3, is amended to read: 
 41.22     Subd. 3.  [PUBLICATION OF NOTICE; EXPENDITURES OVER 
 41.23  $15,000 $25,000.] If the amount of an expenditure is estimated 
 41.24  to exceed $15,000 $25,000, sealed bids must be solicited by 
 41.25  public notice inserted at least once in a newspaper or trade 
 41.26  journal not less than seven days before the final date of 
 41.27  submitting bids in a manner designated by the commissioner.  The 
 41.28  commissioner shall designate the newspaper or trade journal for 
 41.29  that publication and may designate different newspapers or 
 41.30  journals according to the nature of the purchase or 
 41.31  contract.  To the extent practical, this must include posting on 
 41.32  a state Web site.  For expenditures over $50,000, the 
 41.33  commissioner shall also solicit sealed bids by sending providing 
 41.34  notices by mail to all prospective bidders known to the 
 41.35  commissioner and by posting notice on a public bulletin board in 
 41.36  the commissioner's office a state Web site at least five seven 
 42.1   days before the final date of submitting bids.  All bids over 
 42.2   $50,000 must be sealed when they are received and must be opened 
 42.3   in public at the hour stated in the notice.  All original bids 
 42.4   and all documents pertaining to the award of a contract must be 
 42.5   retained and made a part of a permanent file or record and 
 42.6   remain open to public inspection. 
 42.7      Sec. 28.  Minnesota Statutes 2004, section 16C.26, 
 42.8   subdivision 4, is amended to read: 
 42.9      Subd. 4.  [BUILDING AND CONSTRUCTION CONTRACTS; 
 42.10  $15,000 $50,000 OR LESS.] All contracts, the amount of which is 
 42.11  estimated to be $15,000 or less, may be made either upon 
 42.12  competitive bids or in the open market, in the discretion of the 
 42.13  commissioner.  So far as practicable, however, they must be 
 42.14  based on at least three competitive bids which must be 
 42.15  permanently recorded.  An informal bid may be used for building, 
 42.16  construction, and repair contracts that are estimated at less 
 42.17  than $50,000.  Informal bids must be authenticated by the bidder 
 42.18  in a manner specified by the commissioner. 
 42.19     Sec. 29.  Minnesota Statutes 2004, section 16C.28, 
 42.20  subdivision 2, is amended to read: 
 42.21     Subd. 2.  [ALTERATIONS AND ERASURES.] A bid containing an 
 42.22  alteration or erasure of any price contained in the bid which is 
 42.23  used in determining the lowest responsible bid must be rejected 
 42.24  unless the alteration or erasure is corrected under this 
 42.25  subdivision in a manner that is clear and authenticated by an 
 42.26  authorized representative of the responder.  An alteration or 
 42.27  erasure may be crossed out and the correction printed in ink or 
 42.28  typewritten adjacent to it and initialed in ink by the person 
 42.29  signing the bid by an authorized representative of the responder.
 42.30     Sec. 30.  [168.1298] [SPECIAL "SUPPORT OUR TROOPS" LICENSE 
 42.31  PLATES.] 
 42.32     Subdivision 1.  [GENERAL REQUIREMENTS AND PROCEDURES.] (a) 
 42.33  The commissioner shall issue special "Support Our Troops" 
 42.34  license plates to an applicant who: 
 42.35     (1) is an owner of a passenger automobile, one-ton pickup 
 42.36  truck, recreational vehicle, or motorcycle; 
 43.1      (2) pays a fee of $10 to cover the costs of handling and 
 43.2   manufacturing the plates; 
 43.3      (3) pays the registration tax required under section 
 43.4   168.013; 
 43.5      (4) pays the fees required under this chapter; 
 43.6      (5) contributes a minimum of $30 annually to the Minnesota 
 43.7   "Support Our Troops" account established in section 190.19; and 
 43.8      (6) complies with laws and rules governing registration and 
 43.9   licensing of vehicles and drivers. 
 43.10     (b) The license application under this section must 
 43.11  indicate that the annual contribution specified under paragraph 
 43.12  (a), clause (5), is a minimum contribution to receive the plates 
 43.13  and that the applicant may make an additional contribution to 
 43.14  the account. 
 43.15     Subd. 2.  [DESIGN.] After consultation with interested 
 43.16  groups, the adjutant general and the commissioner of veterans 
 43.17  affairs shall design the special plate, subject to the approval 
 43.18  of the commissioner. 
 43.19     Subd. 3.  [NO REFUND.] Contributions under this section 
 43.20  must not be refunded. 
 43.21     Subd. 4.  [PLATE TRANSFERS.] Notwithstanding section 
 43.22  168.12, subdivision 1, on payment of a transfer fee of $5, 
 43.23  plates issued under this section may be transferred to another 
 43.24  passenger automobile, one-ton pickup truck, recreational 
 43.25  vehicle, or motorcycle owned by the individual to whom the 
 43.26  special plates were issued. 
 43.27     Subd. 5.  [CONTRIBUTION AND FEES CREDITED.] Contributions 
 43.28  under subdivision 1, paragraph (a), clause (5), must be paid to 
 43.29  the commissioner and credited to the Minnesota "Support Our 
 43.30  Troops" account established in section 190.19.  The fees 
 43.31  collected under this section must be deposited in the vehicle 
 43.32  services operating account in the special revenue fund. 
 43.33     Subd. 6.  [RECORD.] The commissioner shall maintain a 
 43.34  record of the number of plates issued under this section. 
 43.35     Sec. 31.  [190.19] [MINNESOTA "SUPPORT OUR TROOPS" 
 43.36  ACCOUNT.] 
 44.1      Subdivision 1.  [ESTABLISHMENT.] The Minnesota "Support Our 
 44.2   Troops" account is established in the special revenue fund.  The 
 44.3   account shall consist of contributions from private sources and 
 44.4   appropriations. 
 44.5      Subd. 2.  [USES.] (a) Money appropriated from the Minnesota 
 44.6   "Support Our Troops" account may be used for: 
 44.7      (1) grants directly to eligible individuals; 
 44.8      (2) grants to one or more eligible foundations for the 
 44.9   purpose of making grants to eligible individuals, as provided in 
 44.10  this section; or 
 44.11     (3) veterans' services. 
 44.12     (b) The term, "eligible individual" includes any person who 
 44.13  is: 
 44.14     (1) a member of the Minnesota National Guard or a reserve 
 44.15  unit based in Minnesota who has been called to active service as 
 44.16  defined in section 190.05, subdivision 5; 
 44.17     (2) a Minnesota resident who is a member of a military 
 44.18  reserve unit not based in Minnesota, if the member is called to 
 44.19  active service as defined in section 190.05, subdivision 5; 
 44.20     (3) any other Minnesota resident performing active service 
 44.21  for any branch of the military of the United States; and 
 44.22     (4) members of the immediate family of an individual 
 44.23  identified in clause (1), (2), or (3).  For purposes of this 
 44.24  clause, "immediate family" means the individual's spouse and 
 44.25  minor children and, if they are dependents of the member of the 
 44.26  military, the member's parents, grandparents, siblings, 
 44.27  stepchildren, and adult children. 
 44.28     (c) The term "eligible foundation" includes any 
 44.29  organization that: 
 44.30     (1) is a tax-exempt organization under section 501(c)(3) of 
 44.31  the Internal Revenue Code; 
 44.32     (2) has articles of incorporation under chapter 317A 
 44.33  specifying the purpose of the organization as including the 
 44.34  provision of financial assistance to members of the Minnesota 
 44.35  National Guard and other United States armed forces reserves and 
 44.36  their families and survivors; and 
 45.1      (3) agrees in writing to distribute any grant money 
 45.2   received from the adjutant general under this section to 
 45.3   eligible individuals as defined in this section and in 
 45.4   accordance with any written policies and rules the adjutant 
 45.5   general may impose as conditions of the grant to the foundation. 
 45.6      (d) The maximum grant awarded to an eligible individual in 
 45.7   a calendar year with funds from the Minnesota "Support Our 
 45.8   Troops" account, either through an eligible institution or 
 45.9   directly from the adjutant general, may not exceed $2,000. 
 45.10     Subd. 3.  [ANNUAL REPORT.] The adjutant general must report 
 45.11  by February 1, 2007, and each year thereafter, to the chairs and 
 45.12  ranking minority members of the legislative committees and 
 45.13  divisions with jurisdiction over military and veterans' affairs 
 45.14  on the number, amounts, and use of grants made by the adjutant 
 45.15  general from the Minnesota "Support Our Troops" account in the 
 45.16  previous year. 
 45.17     Sec. 32.  Minnesota Statutes 2004, section 240A.03, 
 45.18  subdivision 5, is amended to read: 
 45.19     Subd. 5.  [EXEMPTION OF PROPERTY.] Real or personal 
 45.20  property acquired, owned, leased, controlled, used, or occupied 
 45.21  by the commission for the purposes of amateur sports facilities 
 45.22  is declared to be acquired, owned, leased, controlled, used, and 
 45.23  occupied for public, governmental, and municipal purposes, and 
 45.24  is exempt from ad valorem taxation by the state or any political 
 45.25  subdivision of the state, provided that the properties are 
 45.26  subject to special assessments levied by a political subdivision 
 45.27  for a local improvement in amounts proportionate to and not 
 45.28  exceeding the special benefit received by the properties from 
 45.29  the improvement.  The exemption from ad valorem taxation under 
 45.30  this subdivision does not apply to land that is leased by the 
 45.31  commission to any entity, public or private.  No possible use of 
 45.32  any of the properties in any manner different from their use 
 45.33  under sections 240A.01 to 240A.07 at the time may be considered 
 45.34  in determining the special benefit received by the properties.  
 45.35  Assessments are subject to confirmation by the commission, whose 
 45.36  determination of the benefits is subject to court review.  
 46.1   Notwithstanding the provisions of section 272.01, subdivision 2, 
 46.2   or 273.19, real or personal property leased by the commission to 
 46.3   another person for uses related to the purposes of sections 
 46.4   240A.01 to 240A.07 is exempt from taxation regardless of the 
 46.5   length of the lease. 
 46.6      Sec. 33.  Minnesota Statutes 2004, section 240A.03, is 
 46.7   amended by adding a subdivision to read: 
 46.8      Subd. 16.  [FINANCIAL REPORTS.] By January 15 of each year, 
 46.9   the commission must report to the chairs of the legislative 
 46.10  committees with jurisdiction over the commission and its 
 46.11  finances regarding the revenue received by the commission from 
 46.12  leases in the previous fiscal year.  The report must detail 
 46.13  revenue received from individual lessees and costs incurred by 
 46.14  the commission for maintenance and operation of the leased 
 46.15  property.  The report must also estimate the revenue from leases 
 46.16  for the current and following fiscal years. 
 46.17     Sec. 34.  [298.215] [IRON RANGE RESOURCES AND 
 46.18  REHABILITATION; EARLY SEPARATION INCENTIVE PROGRAM 
 46.19  AUTHORIZATION.] 
 46.20     (a) Notwithstanding any law to the contrary, the 
 46.21  commissioner of iron range resources and rehabilitation, in 
 46.22  consultation with the commissioner of employee relations, may 
 46.23  offer a targeted early separation incentive program for 
 46.24  employees of the commissioner who have attained the age of 60 
 46.25  years and have at least five years of allowable service credit 
 46.26  under chapter 352, or who have received credit for at least 30 
 46.27  years of allowable service under the provisions of chapter 352. 
 46.28     (b) The early separation incentive program may include one 
 46.29  or more of the following: 
 46.30     (1) employer-paid postseparation health, medical, and 
 46.31  dental insurance until age 65; and 
 46.32     (2) cash incentives that may, but are not required to be, 
 46.33  used to purchase additional years of service credit through the 
 46.34  Minnesota State Retirement System, to the extent that the 
 46.35  purchases are otherwise authorized by law. 
 46.36     (c) The commissioner of iron range resources and 
 47.1   rehabilitation shall establish eligibility requirements for 
 47.2   employees to receive an incentive. 
 47.3      (d) The commissioner of iron range resources and 
 47.4   rehabilitation, consistent with the established program 
 47.5   provisions under paragraph (b), and with the eligibility 
 47.6   requirements under paragraph (c), may designate specific 
 47.7   programs or employees as eligible to be offered the incentive 
 47.8   program. 
 47.9      (e) Acceptance of the offered incentive must be voluntary 
 47.10  on the part of the employee and must be in writing.  The 
 47.11  incentive may only be offered at the sole discretion of the 
 47.12  commissioner of iron range resources and rehabilitation. 
 47.13     (f) The cost of the incentive is payable solely by funds 
 47.14  made available to the commissioner of iron range resources and 
 47.15  rehabilitation by law, but only on prior approval of the 
 47.16  expenditures by a majority of the Iron Range Resources and 
 47.17  Rehabilitation Board. 
 47.18     (g) This section and section 298.216 are repealed June 30, 
 47.19  2006. 
 47.20     [EFFECTIVE DATE.] This section is effective the day 
 47.21  following final enactment. 
 47.22     Sec. 35.  [298.216] [APPLICATION OF OTHER LAWS.] 
 47.23     Unilateral implementation of section 298.215 by the 
 47.24  commissioner of iron range resources and rehabilitation is not 
 47.25  an unfair labor practice under chapter 179A. 
 47.26     Sec. 36.  Minnesota Statutes 2004, section 349A.10, 
 47.27  subdivision 3, is amended to read: 
 47.28     Subd. 3.  [LOTTERY OPERATIONS.] (a) The director shall 
 47.29  establish a lottery operations account in the lottery fund.  The 
 47.30  director shall pay all costs of operating the lottery, including 
 47.31  payroll costs or amounts transferred to the state treasury for 
 47.32  payroll costs, but not including lottery prizes, from the 
 47.33  lottery operating account.  The director shall credit to the 
 47.34  lottery operations account amounts sufficient to pay the 
 47.35  operating costs of the lottery. 
 47.36     (b) Except as provided in paragraph (e), the director may 
 48.1   not credit in any fiscal year thereafter amounts to the lottery 
 48.2   operations account which when totaled exceed 15 nine percent of 
 48.3   gross revenue to the lottery fund in that fiscal year.  In 
 48.4   computing total amounts credited to the lottery operations 
 48.5   account under this paragraph the director shall disregard 
 48.6   amounts transferred to or retained by lottery retailers as sales 
 48.7   commissions or other compensation. 
 48.8      (c) The director of the lottery may not expend after July 
 48.9   1, 1991, more than 2-3/4 percent of gross revenues in a fiscal 
 48.10  year for contracts for the preparation, publication, and 
 48.11  placement of advertising. 
 48.12     (d) Except as the director determines, the lottery is not 
 48.13  subject to chapter 16A relating to budgeting, payroll, and the 
 48.14  purchase of goods and services. 
 48.15     (e) In addition to the amounts credited to the lottery 
 48.16  operations account under paragraph (b), the director is 
 48.17  authorized, if necessary, to meet the current obligations of the 
 48.18  lottery and to credit up to 25 percent of an amount equal to the 
 48.19  average annual amount which was authorized to be credited to the 
 48.20  lottery operations account for the previous three fiscal years 
 48.21  but was not needed to meet the obligations of the lottery. 
 48.22     Sec. 37.  Minnesota Statutes 2004, section 359.01, is 
 48.23  amended by adding a subdivision to read: 
 48.24     Subd. 4.  [APPLICATION.] The secretary of state shall 
 48.25  prepare the application form for a commission.  The form may 
 48.26  request personal information about the applicant, including, but 
 48.27  not limited to, relevant civil litigation, occupational license 
 48.28  history, and criminal background, if any.  For the purposes of 
 48.29  this section, "criminal background" includes, but is not limited 
 48.30  to, criminal charges, arrests, indictments, pleas, and 
 48.31  convictions.  
 48.32     Sec. 38.  [471.661] [OUT-OF-STATE TRAVEL.] 
 48.33     By January 1, 2006, the governing body of each statutory or 
 48.34  home rule charter city, county, school district, regional 
 48.35  agency, or other political subdivision, except a town, must 
 48.36  develop a policy that controls travel outside the state of 
 49.1   Minnesota for the applicable elected officials of the relevant 
 49.2   unit of government.  The policy must be approved by a recorded 
 49.3   vote and specify: 
 49.4      (1) when travel outside the state is appropriate; 
 49.5      (2) applicable expense limits; and 
 49.6      (3) procedures for approval of the travel. 
 49.7      The policy must be made available for public inspection 
 49.8   upon request and reviewed annually.  Subsequent changes to the 
 49.9   policy must be approved by a recorded vote. 
 49.10     Sec. 39.  [471.701] [SALARY DATA.] 
 49.11     A city or county with a population of more than 15,000 must 
 49.12  annually notify its residents of the positions and base salaries 
 49.13  of its three highest-paid employees.  This notice may be 
 49.14  provided on the homepage of the primary Web site maintained by 
 49.15  the political subdivision for a period of not less than 90 
 49.16  consecutive days, in a publication of the political subdivision 
 49.17  that is distributed to all residents in the political 
 49.18  subdivision, or as part of the annual notice of proposed 
 49.19  property taxes prepared under section 275.065. 
 49.20     Sec. 40.  Minnesota Statutes 2004, section 507.093, is 
 49.21  amended to read: 
 49.22     507.093 [STANDARDS FOR DOCUMENTS TO BE RECORDED OR FILED.] 
 49.23     (a) The following standards are imposed on documents to be 
 49.24  recorded with the county recorder or filed with the registrar of 
 49.25  titles: 
 49.26     (1) The document shall consist of one or more individual 
 49.27  sheets measuring no larger than 8.5 inches by 14 inches. 
 49.28     (2) The form of the document shall be printed, typewritten, 
 49.29  or computer generated in black ink and the form of the document 
 49.30  shall not be smaller than 8-point type.  
 49.31     (3) The document shall be on white paper of not less than 
 49.32  20-pound weight with no background color, images, or writing and 
 49.33  shall have a clear border of approximately one-half inch on the 
 49.34  top, bottom, and each side.  
 49.35     (4) The first page of the document shall contain a blank 
 49.36  space at the top measuring three inches, as measured from the 
 50.1   top of the page.  The right half to be used by the county 
 50.2   recorder for recording information or registrar of titles for 
 50.3   filing information and the left half to be used by the county 
 50.4   auditor or treasurer for certification.  
 50.5      (5) The title of the document shall be prominently 
 50.6   displayed at the top of the first page below the blank space 
 50.7   referred to in clause (4).  
 50.8      (6) No additional sheet shall be attached or affixed to a 
 50.9   page that covers up any information or printed part of the form. 
 50.10     (7) A document presented for recording or filing must be 
 50.11  sufficiently legible to reproduce a readable copy using the 
 50.12  county recorder's or registrar of title's current method of 
 50.13  reproduction.  
 50.14     (b) The standards in this paragraph (a) do not apply to a 
 50.15  document that is recorded or filed as part of a pilot project 
 50.16  for the electronic filing of real estate documents implemented 
 50.17  by the task force created in Laws 2000, chapter 391, and 
 50.18  continued by standards established by the Electronic Real Estate 
 50.19  Recording Task Force created under section 507.094.  A county 
 50.20  that participated in the pilot project for the electronic filing 
 50.21  of real estate documents under the task force created in Laws 
 50.22  2000, chapter 391, may continue to record or file documents 
 50.23  electronically, if: 
 50.24     (1) the county complies with standards adopted by that task 
 50.25  force; and 
 50.26     (2) the county uses software that was validated by that 
 50.27  task force.  
 50.28     (c) A county that did not participate in the pilot project 
 50.29  may record or file a real estate document electronically, if: 
 50.30     (i) the document to be recorded or filed is of a type 
 50.31  included in the pilot project for the electronic filing of real 
 50.32  estate documents under the task force created in Laws 2000, 
 50.33  chapter 391; 
 50.34     (ii) the county complies with the standards adopted by the 
 50.35  task force; 
 50.36     (iii) the county uses software that was validated by the 
 51.1   task force; and 
 51.2      (iv) the task force created under section 507.094 votes to 
 51.3   accept a written certification of compliance with paragraph (b), 
 51.4   clause (2), of this section by the county board and county 
 51.5   recorder of the county to implement electronic filing under this 
 51.6   section.  
 51.7      (b) The recording or filing fee for a document that does 
 51.8   not conform to the standards in paragraph (a) shall be increased 
 51.9   as provided in sections 357.18, subdivision 5; 508.82; and 
 51.10  508A.82. 
 51.11     (c) The recorder or registrar shall refund the recording or 
 51.12  filing fee to the applicant if the real estate documents are not 
 51.13  filed or registered within 30 days after receipt, or as 
 51.14  otherwise provided by section 386.30. 
 51.15     [EFFECTIVE DATE.] This section is effective the day 
 51.16  following final enactment.  
 51.17     Sec. 41.  [507.094] [ELECTRONIC REAL ESTATE RECORDING TASK 
 51.18  FORCE.] 
 51.19     Subdivision 1.  [CREATION; MEMBERSHIP.] (a) The Electronic 
 51.20  Real Estate Recording Task Force established under this section 
 51.21  shall continue the work of the task force established under Laws 
 51.22  2000, chapter 391, to implement and make recommendations for 
 51.23  implementation of electronic filing and recording of real estate 
 51.24  documents. 
 51.25     (b) The task force consists of 17 members.  The secretary 
 51.26  of state is a member and the chair of the task force and shall 
 51.27  convene the first meeting of the task force.  Members who are 
 51.28  appointed under this section shall serve for a term of three 
 51.29  years beginning July 1, 2005.  The task force must include: 
 51.30     (1) four county government officials appointed by the 
 51.31  Association of County Officers, including two county recorders, 
 51.32  one county auditor, and one county treasurer; 
 51.33     (2) two county board members appointed by the Association 
 51.34  of Minnesota Counties, including one board member from within 
 51.35  the seven-county metropolitan area and one board member from 
 51.36  outside the seven-county metropolitan area; 
 52.1      (3) seven members from the private sector recommended by 
 52.2   their industries and appointed by the governor, including 
 52.3   representatives of: 
 52.4      (i) real estate attorneys, real estate agents; 
 52.5      (ii) mortgage companies, and other real estate lenders; and 
 52.6      (iii) technical and industry experts in electronic commerce 
 52.7   and electronic records management and preservation who are not 
 52.8   vendors of real estate related services to counties; 
 52.9      (4) a nonvoting representative selected by the Minnesota 
 52.10  Historical Society; and 
 52.11     (5) two representatives of title companies. 
 52.12     (c) The task force may refer items to subcommittees.  The 
 52.13  chair shall recommend and the task force shall appoint the 
 52.14  membership of a subcommittee.  An individual may be appointed to 
 52.15  serve on a subcommittee without serving on the task force. 
 52.16     Subd. 2.  [STUDY AND RECOMMENDATIONS.] (a) The task force 
 52.17  shall continue the work of the task force created by Laws 2000, 
 52.18  chapter 391, and make recommendations regarding implementation 
 52.19  of a system for electronic filing and recording of real estate 
 52.20  documents and shall consider: 
 52.21     (1) technology and computer needs; 
 52.22     (2) legal issues such as authenticity, security, timing and 
 52.23  priority of recordings, and the relationship between electronic 
 52.24  and paper recorder systems; 
 52.25     (3) a timetable and plan for implementing electronic 
 52.26  recording, considering types of documents and entities using 
 52.27  electronic recording; 
 52.28     (4) permissive versus mandatory systems; and 
 52.29     (5) other relevant issues identified by the task force. 
 52.30     The task force shall review the Uniform Electronic 
 52.31  Recording Act as drafted by the National Conference of 
 52.32  Commissioners on Uniform State Laws and the Property Records 
 52.33  Industry Association position statement on the Uniform Real 
 52.34  Property Electronic Recording Act and recommend alternative 
 52.35  structures for the permanent Commission on Electronic Real 
 52.36  Estate Recording Standards. 
 53.1      (b) The task force may commence establishing standards for 
 53.2   the electronic recording of the remaining residential real 
 53.3   estate deed and mortgage documents and establish pilot projects 
 53.4   to complete the testing and functions of the task force 
 53.5   established in Laws 2000, chapter 391, after considering 
 53.6   national standards from the Mortgage Industry Standards 
 53.7   Maintenance Organization, the Property Records Industry 
 53.8   Association, or other recognized national groups. 
 53.9      (c) The task force shall submit a report to the legislature 
 53.10  by January 15 of each year during its existence reporting on the 
 53.11  progress toward the goals provided in this subdivision. 
 53.12     Subd. 3.  [DONATIONS; REIMBURSEMENT.] The task force may 
 53.13  accept donations of money or resources, including loaned 
 53.14  employees or other services.  The donations are appropriated to 
 53.15  the task force and must be under the sole control of the task 
 53.16  force.  
 53.17     Subd. 4.  [EXPIRATION.] This section expires June 30, 2008. 
 53.18     [EFFECTIVE DATE.] This section is effective July 1, 2005. 
 53.19     Sec. 42.  Minnesota Statutes 2004, section 507.24, 
 53.20  subdivision 2, is amended to read: 
 53.21     Subd. 2.  [ORIGINAL SIGNATURES REQUIRED.] (a) Unless 
 53.22  otherwise provided by law, an instrument affecting real estate 
 53.23  that is to be recorded as provided in this section or other 
 53.24  applicable law must contain the original signatures of the 
 53.25  parties who execute it and of the notary public or other officer 
 53.26  taking an acknowledgment.  However, a financing statement that 
 53.27  is recorded as a filing pursuant to section 336.9-502(b) need 
 53.28  not contain:  (1) the signatures of the debtor or the secured 
 53.29  party; or (2) an acknowledgment.  
 53.30     (b) Any electronic instruments, including signatures and 
 53.31  seals, affecting real estate may only be recorded as part of a 
 53.32  pilot project for the electronic filing of real estate documents 
 53.33  implemented by the task force created in Laws 2000, chapter 
 53.34  391., or by the Electronic Real Estate Recording Task Force 
 53.35  created under section 507.094.  A county that participated in 
 53.36  the pilot project for the electronic filing of real estate 
 54.1   documents under the task force created in Laws 2000, chapter 
 54.2   391, may continue to record or file documents electronically, if:
 54.3      (1) the county complies with standards adopted by the task 
 54.4   force; and 
 54.5      (2) the county uses software that was validated by the task 
 54.6   force. 
 54.7   A county that did not participate in the pilot project may 
 54.8   record or file a real estate document electronically, if: 
 54.9      (i) the document to be recorded or filed is of a type 
 54.10  included in the pilot project for the electronic filing of real 
 54.11  estate documents under the task force created in Laws 2000, 
 54.12  chapter 391; 
 54.13     (ii) the county complies with the standards adopted by the 
 54.14  task force; 
 54.15     (iii) the county uses software that was validated by the 
 54.16  task force; and 
 54.17     (iv) the task force created under section 507.094, votes to 
 54.18  accept a written certification of compliance with paragraph (b), 
 54.19  clause (2), of this section by the county board and county 
 54.20  recorder of the county to implement electronic filing under this 
 54.21  section.  
 54.22     (c) Notices filed pursuant to section 168A.141, 
 54.23  subdivisions 1 and 3, need not contain an acknowledgment. 
 54.24     [EFFECTIVE DATE.] This section is effective the day 
 54.25  following final enactment. 
 54.26     Sec. 43.  Laws 1998, chapter 404, section 15, subdivision 
 54.27  2, as amended by Laws 2005, chapter 20, article 1, section 40, 
 54.28  is amended to read: 
 54.29  Subd. 2.  National Sports Center                      4,800,000 
 54.30  $1,700,000 is to purchase and develop 
 54.31  land adjacent to the National Sports 
 54.32  Center in Blaine for use as athletic 
 54.33  fields. 
 54.34  $3,100,000 is to develop the National 
 54.35  Children's Golf Course.  The primary 
 54.36  purpose of the National Children's Golf 
 54.37  Course is to serve youth of 18 years 
 54.38  and younger.  Market rates must be 
 54.39  charged for adult golf. 
 54.40  The Minnesota Amateur Sports Commission 
 55.1   may lease up to 20 percent of the area 
 55.2   of the land purchased with money from 
 55.3   the general fund appropriations in this 
 55.4   subdivision for a term of up to 30 
 55.5   years to one or more governmental or 
 55.6   private entities for any use by the 
 55.7   lessee, whether public or private, so 
 55.8   long as the use provides some benefit 
 55.9   to amateur sports.  The commission must 
 55.10  submit proposed leases for the land 
 55.11  described in this subdivision to the 
 55.12  chairs of the legislative committees 
 55.13  with jurisdiction over state government 
 55.14  policy and finance for review at least 
 55.15  30 days before the leases may be 
 55.16  entered into by the commission.  Up to 
 55.17  $300,000 of lease payments received by 
 55.18  the commission are each fiscal year is 
 55.19  appropriated to the commission for the 
 55.20  purposes specified in Minnesota 
 55.21  Statutes, chapter 240A.  The land 
 55.22  purchased from the general fund 
 55.23  appropriations may be used for any 
 55.24  amateur sport. 
 55.25     [EFFECTIVE DATE.] This section is effective retroactively 
 55.26  on the effective date of Laws 2005, chapter 20, article 1, 
 55.27  section 40. 
 55.28     Sec. 44.  [BUILDING LEASE.] 
 55.29     Notwithstanding any provision of Minnesota Statutes, 
 55.30  section 16B.24, or other law or rule to the contrary, the 
 55.31  commissioner of administration may, without approval of the 
 55.32  State Executive Council, enter into a lease of up to ten years 
 55.33  with a private tenant for use of the state-owned building at 168 
 55.34  Aurora Avenue in the city of St. Paul as a child care and 
 55.35  after-school activity facility.  If leased to a faith-based 
 55.36  organization, the program may not promote any particular faith 
 55.37  and must operate in a nondiscriminatory manner.  
 55.38     [EFFECTIVE DATE.] This section is effective the day 
 55.39  following final enactment. 
 55.40     Sec. 45.  [SALE OF STATE LAND.] 
 55.41     Subdivision 1.  [STATE LAND SALES.] The commissioner of 
 55.42  administration shall coordinate with the head of each department 
 55.43  or agency having control of state-owned land to identify and 
 55.44  sell at least $6,440,000 of state-owned land.  Sales should be 
 55.45  completed according to law and as provided in this section as 
 55.46  soon as practicable but no later than June 30, 2007.  
 55.47  Notwithstanding Minnesota Statutes, sections 16B.281 and 
 56.1   16B.282, 94.09 and 94.10, or any other law to the contrary, the 
 56.2   commissioner may offer land for public sale by only providing 
 56.3   notice of lands or an offer of sale of lands to state 
 56.4   departments or agencies, the University of Minnesota, cities, 
 56.5   counties, towns, school districts, or other public entities. 
 56.6      Subd. 2.  [ANTICIPATED SAVINGS.] Notwithstanding Minnesota 
 56.7   Statutes, section 94.16, subdivision 3, or other law to the 
 56.8   contrary, the amount of the proceeds from the sale of land under 
 56.9   this section that exceeds the actual expenses of selling the 
 56.10  land must be deposited in the general fund, except as otherwise 
 56.11  provided by the commissioner of finance.  Notwithstanding 
 56.12  Minnesota Statutes, section 94.11 or 16B.283, the commissioner 
 56.13  of finance may establish the timing of payments for land 
 56.14  purchased under this section.  If the total of all money 
 56.15  deposited into the general fund from the proceeds of the sale of 
 56.16  land under this section is anticipated to be less than 
 56.17  $6,440,000, the governor must allocate the amount of the 
 56.18  difference as reductions to general fund operating expenditures 
 56.19  for other executive agencies for the biennium ending June 30, 
 56.20  2007.  
 56.21     Subd. 3.  [SALE OF STATE LANDS REVOLVING LOAN 
 56.22  FUND.] $290,000 is appropriated from the general fund in fiscal 
 56.23  year 2006 to the commissioner of administration for purposes of 
 56.24  paying the actual expenses of selling state-owned lands to 
 56.25  achieve the anticipated savings required in this section.  From 
 56.26  the gross proceeds of land sales under this section, the 
 56.27  commissioner of administration must cancel the amount of the 
 56.28  appropriation in this subdivision to the general fund by June 
 56.29  30, 2007. 
 56.30     Sec. 46.  [FORD BUILDING.] 
 56.31     The Ford Building at 117 University Avenue in St. Paul may 
 56.32  not be demolished during the biennium ending June 30, 2007.  By 
 56.33  January 15, 2006, the commissioner of administration, in 
 56.34  consultation with interested legislators, private sector real 
 56.35  estate professionals, historic preservation specialists, and 
 56.36  representatives of the city of St. Paul, neighboring property, 
 57.1   and St. Paul neighborhood associations, must report to the 
 57.2   legislature with recommendations regarding potential means of 
 57.3   preserving and using the Ford Building.  The report must include:
 57.4      (1) availability of potential lessees for the building; 
 57.5      (2) constraints on leasing the building, including the 
 57.6   requirement to pay off any state general obligation bonds 
 57.7   previously used in maintaining or rehabilitating the building; 
 57.8   and 
 57.9      (3) the cost of restoring and rehabilitating the building, 
 57.10  and the feasibility of various means of paying these costs, 
 57.11  including potential use of revenue bonds. 
 57.12     [EFFECTIVE DATE.] This section is effective the day 
 57.13  following final enactment. 
 57.14     Sec. 47.  [STATE HEALTH CARE PURCHASING AUTHORITY.] 
 57.15     Subdivision 1.  [PURCHASING AUTHORITY CREATED.] By December 
 57.16  15, 2005, the commissioner of employee relations, in 
 57.17  consultation with the commissioners of health, human services, 
 57.18  labor and industry, corrections, commerce, and administration 
 57.19  and the Minnesota Comprehensive Health Association board of 
 57.20  directors, may enter into interagency agreements regarding the 
 57.21  formation of the Minnesota Health Care Purchasing Authority for 
 57.22  the purpose of implementing a unified strategy and joint 
 57.23  purchasing of health care services for the state of Minnesota.  
 57.24  The strategy shall include implementing a process that examines 
 57.25  the health care purchasing decisions and coverage in terms of 
 57.26  cost and medical efficacy based on reliable research evidence to 
 57.27  ensure access to appropriate and necessary health care.  By 
 57.28  December 15, 2005, the commissioners shall submit to the 
 57.29  legislature a report and draft legislation for the creation of 
 57.30  the purchasing authority responsible for all state purchasing of 
 57.31  health care.  
 57.32     Subd. 2.  [PRINCIPLES OF STATE PURCHASING.] The purchasing 
 57.33  authority shall prepare and submit to the governor and 
 57.34  legislature an annual report and plan for the unified purchasing 
 57.35  of health care services.  The plan must:  
 57.36     (1) promote personal choice and responsibility; 
 58.1      (2) encourage and promote better health of patients and 
 58.2   residents of the state; 
 58.3      (3) provide incentives to privately based health plans and 
 58.4   health care delivery systems to improve efficiency and quality; 
 58.5      (4) use community standards and measurement methods for 
 58.6   determining the value of specific health care services based on 
 58.7   quality and performance; and 
 58.8      (5) separate the health care purchasing functions of state 
 58.9   government from those activities relating to regulation and 
 58.10  delivery of services, but require consistent use of uniform 
 58.11  quality and performance standards and methods for purchasing, 
 58.12  regulation, and delivery of health care services.  
 58.13     Subd. 3.  [PURCHASING AND COVERAGE GUIDELINES.] The 
 58.14  purchasing authority shall convene a panel of health care policy 
 58.15  experts and health care providers to establish a process to 
 58.16  select evidence-based guidelines based on sound research 
 58.17  evidence and implement an integrated approach using these 
 58.18  guidelines for purchasing decisions and coverage design. 
 58.19     Subd. 4.  [PUBLIC AND PRIVATE PURCHASERS.] (a) The 
 58.20  purchasing authority shall prepare and submit to the governor 
 58.21  and legislature by December 15, 2005, a plan for permitting 
 58.22  public employers, including school districts, cities, counties, 
 58.23  and other governmental entities, to purchase a secure benefit 
 58.24  set with the state purchasing authority.  The secure benefit set 
 58.25  must include the services described under subdivision 6. 
 58.26     (b) Notwithstanding any laws to the contrary, the 
 58.27  commissioner of employee relations may expand the range of 
 58.28  health coverage options available to purchase under the public 
 58.29  employees insurance program established under Minnesota 
 58.30  Statutes, section 43A.316, including the option to purchase the 
 58.31  secure benefit set as defined under subdivision 6.  Under this 
 58.32  option, public employers may purchase health coverage for their 
 58.33  employees through the public employees insurance program 
 58.34  beginning July 1, 2006.  
 58.35     (c) The purchasing authority shall include in the plan 
 58.36  described in paragraph (a) recommendations for: 
 59.1      (1) a process for permitting nursing homes and other 
 59.2   long-term care providers to purchase the secure benefit set with 
 59.3   the assistance of the state health care purchasing authority as 
 59.4   part of a separate risk pool; and 
 59.5      (2) a process for permitting individuals to purchase the 
 59.6   secure benefit set as part of a separate risk pool through the 
 59.7   state health care purchasing authority beginning January 1, 2009.
 59.8      Subd. 5.  [COORDINATION AND COMMON STANDARDS FOR STATE 
 59.9   PURCHASING AND REGULATION.] The purchasing authority, in 
 59.10  consultation with all state agencies, boards, and commissioners 
 59.11  that have responsibility for purchasing or for regulating 
 59.12  individuals and organizations that provide health coverage or 
 59.13  deliver health care services, shall prepare and submit to the 
 59.14  governor and legislature by December 15, 2005, a report and 
 59.15  draft legislation that will: 
 59.16     (1) require all state purchasing and regulatory 
 59.17  requirements to use common standards and measurement methods for 
 59.18  quality and performance; and 
 59.19     (2) provide for the coordination of health care purchasing 
 59.20  strategies and activities administered by the state, including, 
 59.21  but not limited to, the state employees group insurance plan, 
 59.22  the public employees insurance program, purchasing activities 
 59.23  for public and private employers and individuals established 
 59.24  under subdivision 4, and health care programs administered by 
 59.25  the commissioner of human services or the commissioner of health.
 59.26     Subd. 6.  [SECURE BENEFIT SET DEVELOPMENT.] The purchasing 
 59.27  authority, in consultation with a panel of health care policy 
 59.28  experts, shall define a secure benefit set that includes 
 59.29  coverage for preventive health services, as specified in 
 59.30  preventive services guidelines for children and adults developed 
 59.31  by the Institute for Clinical Systems Improvement, prescription 
 59.32  drug coverage, and catastrophic coverage.  Nothing in this 
 59.33  section authorizes the purchasing authority to change the 
 59.34  benefits covered by the medical assistance, MinnesotaCare, or 
 59.35  general assistance medical care programs to the extent these 
 59.36  benefits are specified in state or federal law. 
 60.1      Subd. 7.  [SPECIAL POPULATIONS.] In developing a plan for 
 60.2   the unified purchasing of health care services and a secure 
 60.3   benefit set, the purchasing authority must take into account the 
 60.4   needs of special populations, including, but not limited to, 
 60.5   persons who are elderly or disabled and persons with chronic 
 60.6   conditions.  
 60.7      Subd. 8.  [COST AND QUALITY DISCLOSURE.] The purchasing 
 60.8   authority, in cooperation with organizations representing 
 60.9   consumers, employers, physicians and other health professionals, 
 60.10  hospitals, long-term care facilities, health plan companies, 
 60.11  quality improvement organizations, research and education 
 60.12  institutions, and other appropriate constituencies, shall 
 60.13  identify and contract with a private, nonprofit organization to 
 60.14  serve as a statewide source of comparative information on health 
 60.15  care costs and quality.  
 60.16     Sec. 48.  [TRAINING SERVICES.] 
 60.17     During the biennium ending June 30, 2007, state executive 
 60.18  branch agencies must consider using services provided by 
 60.19  Government Training Services before contracting with other 
 60.20  outside vendors for similar services. 
 60.21     Sec. 49.  [STUDY OF WATER AND SEWER BILLING.] 
 60.22     The director of the Legislative Coordinating Commission 
 60.23  must provide administrative support to a working group to study 
 60.24  issues relating to collection of delinquent water and sewer 
 60.25  bills from owners, lessees, and occupants of rental property.  
 60.26  The group consists of the following members: 
 60.27     (1) two representatives of cities; 
 60.28     (2) two representatives of residential rental property 
 60.29  owners; 
 60.30     (3) one representative of tenants; 
 60.31     (4) one legislator from the majority caucus of the house of 
 60.32  representatives appointed by the speaker, and one legislator 
 60.33  from the minority caucus of the house appointed by the minority 
 60.34  leader; 
 60.35     (5) one representative of the majority and minority 
 60.36  caucuses of the senate, appointed by the senate subcommittee on 
 61.1   committees; and 
 61.2      (6) one public member appointed by the speaker of the house 
 61.3   of representatives and one public member appointed by the 
 61.4   majority leader of the senate. 
 61.5      Members specified in clauses (1) to (3) must be appointed 
 61.6   jointly by the speaker of the house of representatives and the 
 61.7   majority leader of the senate. 
 61.8      The working group must report findings and recommendations 
 61.9   to the legislature by January 15, 2006.  This section expires on 
 61.10  the day following the date the working group submits its report. 
 61.11     Sec. 50.  [PORTRAITS.] 
 61.12     The Capitol Area Architectural and Planning Board, in 
 61.13  consultation with the Minnesota Historical Society, must request 
 61.14  the Smithsonian Institution to extend the period during which 
 61.15  the portraits of Julia Finch Gilbert and Cass Gilbert are 
 61.16  displayed in the Capitol building.  In negotiating an extension 
 61.17  of the loan period, the board must request that the portraits 
 61.18  remain on display in the Capitol when they are not being 
 61.19  publicly displayed elsewhere, but must recognize that it is 
 61.20  desirable for the portraits to be displayed in other buildings 
 61.21  designed by Cass Gilbert, in conjunction with centennial 
 61.22  celebrations for those buildings.  
 61.23     Sec. 51. [COYA KNUTSON MEMORIAL.] 
 61.24     The commissioner of administration shall establish a 
 61.25  memorial in the Capitol building honoring Coya Knutson.  The 
 61.26  commissioner, with the assistance and approval of the Capitol 
 61.27  Area Architectural and Planning Board, shall select an 
 61.28  appropriate site.  The commissioner may accept donations from 
 61.29  nonstate sources for the memorial, and this money is 
 61.30  appropriated to the commissioner for purposes of the memorial. 
 61.31     Sec. 52.  [REPEALER.] 
 61.32     (a) Minnesota Statutes 2004, sections 3.9222; 16A.151, 
 61.33  subdivision 5; 16A.30; and 16B.52, are repealed.  
 61.34     (b) Minnesota Statutes 2004, section 471.68, subdivision 3, 
 61.35  is repealed effective July 1, 2006. 
 61.36                             ARTICLE 3 
 62.1                          PUBLIC EMPLOYMENT
 62.2      Section 1.  Minnesota Statutes 2004, section 43A.23, 
 62.3   subdivision 1, is amended to read: 
 62.4      Subdivision 1.  [GENERAL.] The commissioner is authorized 
 62.5   to request bids from carriers or to negotiate with carriers and 
 62.6   to enter into contracts with carriers parties which in the 
 62.7   judgment of the commissioner are best qualified to underwrite 
 62.8   and provide service to the benefit plans.  Contracts entered 
 62.9   into with carriers are not subject to the requirements of 
 62.10  sections 16C.16 to 16C.19.  The commissioner may negotiate 
 62.11  premium rates and coverage provisions with all carriers licensed 
 62.12  under chapters 62A, 62C, and 62D.  The commissioner may also 
 62.13  negotiate reasonable restrictions to be applied to all carriers 
 62.14  under chapters 62A, 62C, and 62D.  Contracts to underwrite the 
 62.15  benefit plans must be bid or negotiated separately from 
 62.16  contracts to service the benefit plans, which may be awarded 
 62.17  only on the basis of competitive bids.  The commissioner shall 
 62.18  consider the cost of the plans, conversion options relating to 
 62.19  the contracts, service capabilities, character, financial 
 62.20  position, and reputation of the carriers, and any other factors 
 62.21  which the commissioner deems appropriate.  Each benefit contract 
 62.22  must be for a uniform term of at least one year, but may be made 
 62.23  automatically renewable from term to term in the absence of 
 62.24  notice of termination by either party.  The commissioner shall, 
 62.25  to the extent feasible, make hospital and medical benefits 
 62.26  available from at least one carrier licensed to do business 
 62.27  pursuant to each of chapters 62A, 62C, and 62D.  The 
 62.28  commissioner need not provide health maintenance organization 
 62.29  services to an employee who resides in an area which is not 
 62.30  served by a licensed health maintenance organization.  The 
 62.31  commissioner may refuse to allow a health maintenance 
 62.32  organization to continue as a carrier.  The commissioner may 
 62.33  elect not to offer all three types of carriers if there are no 
 62.34  bids or no acceptable bids by that type of carrier or if the 
 62.35  offering of additional carriers would result in substantial 
 62.36  additional administrative costs.  A carrier licensed under 
 63.1   chapter 62A is exempt from the taxes imposed by chapter 297I on 
 63.2   premiums paid to it by the state. 
 63.3      All self-insured hospital and medical service products must 
 63.4   comply with coverage mandates, data reporting, and consumer 
 63.5   protection requirements applicable to the licensed carrier 
 63.6   administering the product, had the product been insured, 
 63.7   including chapters 62J, 62M, and 62Q.  Any self-insured products 
 63.8   that limit coverage to a network of providers or provide 
 63.9   different levels of coverage between network and nonnetwork 
 63.10  providers shall comply with section 62D.123 and geographic 
 63.11  access standards for health maintenance organizations adopted by 
 63.12  the commissioner of health in rule under chapter 62D. 
 63.13     Sec. 2.  [43A.346] [POSTRETIREMENT OPTION.] 
 63.14     Subdivision 1.  [DEFINITION.] For purposes of this section, 
 63.15  "state employee" means a person currently occupying a civil 
 63.16  service position in the executive branch of state government, 
 63.17  the Minnesota State Retirement System, or the Office of the 
 63.18  Legislative Auditor, or a person employed by the Metropolitan 
 63.19  Council. 
 63.20     Subd. 2.  [ELIGIBILITY.] This section applies to a state or 
 63.21  Metropolitan Council employee who: 
 63.22     (1) for at least the five years immediately preceding 
 63.23  separation under clause (2), has been regularly scheduled to 
 63.24  work 1,044 or more hours per year in a position covered by a 
 63.25  pension plan administered by the Minnesota State Retirement 
 63.26  System or the Public Employees Retirement Association; 
 63.27     (2) terminates state or Metropolitan Council employment; 
 63.28     (3) at the time of termination under clause (2), meets the 
 63.29  age and service requirements necessary to receive an unreduced 
 63.30  retirement annuity from the plan and satisfies requirements for 
 63.31  the commencement of the retirement annuity or, for an employee 
 63.32  under the unclassified employees retirement plan, meets the age 
 63.33  and service requirements necessary to receive an unreduced 
 63.34  retirement annuity from the plan and satisfies requirements for 
 63.35  the commencement of the retirement annuity or elects a lump-sum 
 63.36  payment; and 
 64.1      (4) agrees to accept a postretirement option position with 
 64.2   the same or a different appointing authority, working a reduced 
 64.3   schedule that is both (i) a reduction of at least 25 percent 
 64.4   from the employee's number of regularly scheduled work hours; 
 64.5   and (ii) 1,044 hours or less in state or Metropolitan Council 
 64.6   service. 
 64.7      Subd. 3.  [UNCLASSIFIED SERVICE.] Notwithstanding any law 
 64.8   to the contrary, state postretirement option positions shall be 
 64.9   in the unclassified service but shall not be covered by the 
 64.10  Minnesota State Retirement System unclassified employees plan.  
 64.11     Subd. 4.  [ANNUITY REDUCTION NOT APPLICABLE.] 
 64.12  Notwithstanding any law to the contrary, when an eligible state 
 64.13  employee in a postretirement option position under this section 
 64.14  commences receipt of the annuity, the provisions of section 
 64.15  352.115, subdivision 10, or 353.37 governing annuities of 
 64.16  reemployed annuitants, shall not apply for the duration of 
 64.17  employment in the position. 
 64.18     Subd. 5.  [APPOINTING AUTHORITY DISCRETION.] The appointing 
 64.19  authority has sole discretion to determine if and the extent to 
 64.20  which a postretirement option position under this section is 
 64.21  available to a state employee.  Any offer of such a position 
 64.22  must be made in writing to the employee by the appointing 
 64.23  authority on a form prescribed by the Department of Employee 
 64.24  Relations and the Minnesota State Retirement System or the 
 64.25  Public Employees Retirement Association.  The appointing 
 64.26  authority may not require a person to waive any rights under a 
 64.27  collective bargaining agreement or unrepresented employee 
 64.28  compensation plan as a condition of participation. 
 64.29     Subd. 6.  [DURATION.] Postretirement option employment 
 64.30  shall be for an initial period not to exceed one year.  During 
 64.31  that period, the appointing authority may not modify the 
 64.32  conditions specified in the written offer without the employee's 
 64.33  agreement, except as required by law or by the collective 
 64.34  bargaining agreement or compensation plan applicable to the 
 64.35  employee.  At the end of the initial period, the appointing 
 64.36  authority has sole discretion to determine if the offer of a 
 65.1   postretirement option position will be renewed, renewed with 
 65.2   modifications, or terminated.  Postretirement option employment 
 65.3   may be renewed for periods of up to one year, not to exceed a 
 65.4   total duration of five years.  No person shall be employed in 
 65.5   one or a combination of postretirement option positions under 
 65.6   this section for a total of more than five years. 
 65.7      Subd. 7.  [COPY TO FUND.] The appointing authority shall 
 65.8   provide the Minnesota State Retirement System or the Public 
 65.9   Employees Retirement Association with a copy of the offer, the 
 65.10  employee's acceptance of the terms, and any subsequent renewal 
 65.11  agreement. 
 65.12     Subd. 8.  [NO SERVICE CREDIT.] Notwithstanding any law to 
 65.13  the contrary, a person may not earn service credit in the 
 65.14  Minnesota State Retirement System or the Public Employees 
 65.15  Retirement Association for employment covered under this 
 65.16  section, and employer contributions and payroll deductions for 
 65.17  the retirement fund must not be made based on earnings of a 
 65.18  person working under this section.  No change shall be made to a 
 65.19  monthly annuity or retirement allowance based on employment 
 65.20  under this section. 
 65.21     Subd. 9.  [INSURANCE CONTRIBUTION.] Notwithstanding any law 
 65.22  to the contrary, the appointing authority must make an employer 
 65.23  insurance contribution for a person who is employed in a 
 65.24  postretirement option position under this section and who is not 
 65.25  receiving any other state-paid or Metropolitan Council-paid 
 65.26  employer insurance contribution.  The amount of the contribution 
 65.27  must be equal to the percent time worked in the postretirement 
 65.28  option position (hours scheduled to be worked annually divided 
 65.29  by 2,088) times 1.5 times the full employer contribution for 
 65.30  employee-only health and dental coverage.  The appointing 
 65.31  authority must contribute that amount to a health reimbursement 
 65.32  arrangement. 
 65.33     Subd. 10.  [SUBSEQUENT EMPLOYMENT.] If a person has been in 
 65.34  a postretirement option position and accepts any other position 
 65.35  in state or Metropolitan Council-paid service, in the subsequent 
 65.36  state or Metropolitan Council-paid employment the person may not 
 66.1   earn service credit in the Minnesota State Retirement System or 
 66.2   Public Employees Retirement Association, no employer 
 66.3   contributions or payroll deductions for the retirement fund 
 66.4   shall be made, and the provisions of section 352.115, 
 66.5   subdivision 10, or section 353.37, shall apply. 
 66.6      Sec. 3.  [VOLUNTARY HOUR REDUCTION PLAN.] 
 66.7      (a) This section applies to a state employee who: 
 66.8      (1) on the effective date of this section is regularly 
 66.9   scheduled to work 1,044 or more hours a year in a position 
 66.10  covered by a pension plan administered by the Minnesota state 
 66.11  retirement system; and 
 66.12     (2) enters into an agreement with the appointing authority 
 66.13  to work a reduced schedule of 1,044 hours or less in the covered 
 66.14  position. 
 66.15     (b) Notwithstanding any law to the contrary, for service 
 66.16  under an agreement entered into under paragraph (a), 
 66.17  contributions may be made to the applicable plan of the 
 66.18  Minnesota state retirement system as if the employee had not 
 66.19  reduced hours.  The employee must pay the additional employee 
 66.20  contributions and the employer must pay the additional employer 
 66.21  contributions necessary to bring the service credit and salary 
 66.22  up to the level prior to the voluntary reduction in hours.  
 66.23  Contributions must be made in a time and manner prescribed by 
 66.24  the executive director of the Minnesota state retirement system. 
 66.25     (c) The amount of hours worked, the work schedule, and the 
 66.26  duration of the voluntary hour reduction must be mutually agreed 
 66.27  to by the employee and the appointing authority.  The appointing 
 66.28  authority may not require a person to waive any rights under a 
 66.29  collective bargaining agreement as a condition of participation 
 66.30  under this section.  The appointing authority has sole 
 66.31  discretion to determine if and the extent to which voluntary 
 66.32  hour reduction under this section is available to an employee.  
 66.33     (d) A person who works under this section is a member of 
 66.34  the appropriate bargaining unit; is covered by the appropriate 
 66.35  collective bargaining contract or compensation plan; and is 
 66.36  eligible for health care coverage as provided in the collective 
 67.1   bargaining contract or compensation plan. 
 67.2      (e) An agreement under this section may apply only to work 
 67.3   through June 30, 2007. 
 67.4      Sec. 4.  [VOLUNTARY UNPAID LEAVE OF ABSENCE.] 
 67.5      (a) Appointing authorities in state government may allow 
 67.6   each employee to take unpaid leaves of absence for up to 1,040 
 67.7   hours between July 1, 2005, and June 30, 2007.  Each appointing 
 67.8   authority approving such a leave shall allow the employee to 
 67.9   continue accruing vacation and sick leave, be eligible for paid 
 67.10  holidays and insurance benefits, accrue seniority, and, if 
 67.11  payments are made under paragraph (b), accrue service credit and 
 67.12  credited salary in the state retirement plans as if the employee 
 67.13  had actually been employed during the time of leave.  An 
 67.14  employee covered by the unclassified plan may voluntarily make 
 67.15  the employee contributions to the unclassified plan during the 
 67.16  leave of absence.  If the employee makes these contributions, 
 67.17  the appointing authority must make the employer contribution.  
 67.18  If the leave of absence is for one full pay period or longer, 
 67.19  any holiday pay shall be included in the first payroll warrant 
 67.20  after return from the leave of absence.  The appointing 
 67.21  authority shall attempt to grant requests for the unpaid leaves 
 67.22  of absence consistent with the need to continue efficient 
 67.23  operation of the agency.  However, each appointing authority 
 67.24  shall retain discretion to grant or refuse to grant requests for 
 67.25  leaves of absence and to schedule and cancel leaves, subject to 
 67.26  the applicable provisions of collective bargaining agreements 
 67.27  and compensation plans. 
 67.28     (b) To receive eligible service credit and credited salary 
 67.29  in a defined benefit plan, the member shall pay an amount equal 
 67.30  to the applicable employee contribution rates.  If an employee 
 67.31  pays the employee contribution for the period of the leave under 
 67.32  this section, the appointing authority must pay the employer 
 67.33  contribution.  The appointing authority may, at its discretion, 
 67.34  pay the employee contributions.  Contributions must be made in a 
 67.35  time and manner prescribed by the executive director of the 
 67.36  applicable pension plan. 
 68.1      [EFFECTIVE DATE.] This section is effective the day 
 68.2   following final enactment. 
 68.3      Sec. 5.  [LABOR AGREEMENTS AND COMPENSATION PLANS.] 
 68.4      Subdivision 1.  [AMERICAN FEDERATION OF STATE, COUNTY, AND 
 68.5   MUNICIPAL EMPLOYEES.] The arbitration award and labor agreement 
 68.6   between the state of Minnesota and the American Federation of 
 68.7   State, County, and Municipal Employees, unit 8, approved by the 
 68.8   Legislative Coordinating Commission Subcommittee on Employee 
 68.9   Relations on June 14, 2004, is ratified. 
 68.10     Subd. 2.  [MINNESOTA LAW ENFORCEMENT ASSOCIATION; 
 68.11  ARBITRATION AWARD.] The arbitration award between the state of 
 68.12  Minnesota and the Minnesota Law Enforcement Association, 
 68.13  approved by the Legislative Coordinating Commission Subcommittee 
 68.14  on Employee Relations on June 14, 2004, is ratified. 
 68.15     Subd. 3.  [HIGHER EDUCATION SERVICES OFFICE; COMPENSATION 
 68.16  PLAN.] The compensation plan for unrepresented employees of the 
 68.17  Higher Education Services Office, approved by the Legislative 
 68.18  Coordinating Commission Subcommittee on Employee Relations on 
 68.19  June 14, 2004, is ratified. 
 68.20     Subd. 4.  [MINNESOTA LAW ENFORCEMENT ASSOCIATION; 
 68.21  BARGAINING AGREEMENT.] The collective bargaining agreement 
 68.22  between the state of Minnesota and the Minnesota Law Enforcement 
 68.23  Association, submitted to the Legislative Coordinating 
 68.24  Commission Subcommittee on Employee Relations on September 29, 
 68.25  2004, and implemented after 30 days on October 30, 2004, is 
 68.26  ratified. 
 68.27     Subd. 5.  [INTER FACULTY ORGANIZATION.] The collective 
 68.28  bargaining agreement between the state of Minnesota and the 
 68.29  Inter Faculty Organization, submitted to the Legislative 
 68.30  Coordinating Commission Subcommittee on Employee Relations on 
 68.31  September 29, 2004, and implemented after 30 days on October 29, 
 68.32  2004, is ratified. 
 68.33     Subd. 6.  [MINNESOTA NURSES ASSOCIATION.] The arbitration 
 68.34  award and the collective bargaining agreement between the state 
 68.35  of Minnesota and the Minnesota Nurses Association, approved by 
 68.36  the Legislative Coordinating Commission Subcommittee on Employee 
 69.1   Relations on December 20, 2004, is ratified. 
 69.2      Subd. 7.  [TEACHERS RETIREMENT ASSOCIATION.] The proposal 
 69.3   to increase the salary of the executive director of the Teachers 
 69.4   Retirement Association, as modified and approved by the 
 69.5   Legislative Coordinating Commission Subcommittee on Employee 
 69.6   Relations on December 20, 2004, is ratified. 
 69.7      Subd. 8.  [MINNESOTA STATE RETIREMENT SYSTEM.] The proposal 
 69.8   to increase the salary of the executive director of the 
 69.9   Minnesota State Retirement System, as modified and approved by 
 69.10  the Legislative Coordinating Commission Subcommittee on Employee 
 69.11  Relations on December 20, 2004, is ratified. 
 69.12     Subd. 9.  [PUBLIC EMPLOYEES RETIREMENT ASSOCIATION.] The 
 69.13  proposal to increase the salary of the executive director of the 
 69.14  Public Employees Retirement Association, as modified and 
 69.15  approved by the Legislative Coordinating Commission Subcommittee 
 69.16  on Employee Relations on December 20, 2004, is ratified. 
 69.17     [EFFECTIVE DATE.] This section is effective the day 
 69.18  following final enactment. 
 69.19                             ARTICLE 4 
 69.20                       MILITARY AND VETERANS
 69.21     Section 1.  Minnesota Statutes 2004, section 190.16, is 
 69.22  amended by adding a subdivision to read: 
 69.23     Subd. 6a.  [RENTAL OF CAMP RIPLEY FACILITIES.] The adjutant 
 69.24  general or the adjutant general's designee may rent buildings or 
 69.25  other facilities at Camp Ripley to persons under terms and 
 69.26  conditions specified by the adjutant general or designee.  
 69.27  Subject to any prohibitions or restrictions in any agreement 
 69.28  between the United States and the state of Minnesota, proceeds 
 69.29  of rentals under this subdivision must be applied as follows: 
 69.30     (1) payment of increased utilities, maintenance, or other 
 69.31  costs directly attributable to the rental; 
 69.32     (2) other operating and maintenance or repair costs for the 
 69.33  building or facility being rented; and 
 69.34     (3) maintenance and improvement of buildings or other 
 69.35  facilities at Camp Ripley. 
 69.36  Rentals under this subdivision must be made under terms and 
 70.1   conditions that do not conflict with the use of Camp Ripley for 
 70.2   military purposes. 
 70.3      Sec. 2.  Minnesota Statutes 2004, section 192.19, is 
 70.4   amended to read: 
 70.5      192.19 [RETIRED MEMBERS MAY BE ORDERED TO ACTIVE DUTY.] 
 70.6      The commander-in-chief or the adjutant general may assign 
 70.7   officers, warrant officers, and enlisted personnel on the 
 70.8   retired list, with their consent, to temporary active service in 
 70.9   recruiting, upon courts-martial, courts of inquiry and boards, 
 70.10  to staff duty not involving service with troops, or in charge of 
 70.11  a military reservation left temporarily without officers.  Such 
 70.12  personnel while so assigned shall receive the full pay and 
 70.13  allowances of their grades at time of retirement, except that 
 70.14  the commander-in-chief or the adjutant general may authorize pay 
 70.15  and allowances in a higher grade when it is considered 
 70.16  appropriate based on special skills or experience of the person 
 70.17  being assigned to temporary active service. 
 70.18     Sec. 3.  Minnesota Statutes 2004, section 192.261, 
 70.19  subdivision 2, is amended to read: 
 70.20     Subd. 2.  [REINSTATEMENT.] Except as otherwise hereinafter 
 70.21  provided, upon the completion of such service such officer or 
 70.22  employee shall be reinstated in the public position, which was 
 70.23  held at the time of entry into such service, or a public 
 70.24  position of like seniority, status, and pay if such is available 
 70.25  at the same salary which the officer or employee would have 
 70.26  received if the leave had not been taken, upon the following 
 70.27  conditions:  (1) that the position has not been abolished or 
 70.28  that the term thereof, if limited, has not expired; (2) that the 
 70.29  officer or employee is not physically or mentally disabled from 
 70.30  performing the duties of such position; (3) that the officer or 
 70.31  employee makes written application for reinstatement to the 
 70.32  appointing authority within 90 days after termination of such 
 70.33  service, or 90 days after discharge from hospitalization or 
 70.34  medical treatment which immediately follows the termination of, 
 70.35  and results from, such service; provided such application shall 
 70.36  be made within one year and 90 days after termination of such 
 71.1   service notwithstanding such hospitalization or medical 
 71.2   treatment; (4) that the officer or employee submits an honorable 
 71.3   discharge or other form of release by proper authority 
 71.4   indicating that the officer's or employee's military or naval 
 71.5   service was satisfactory.  Upon such reinstatement the officer 
 71.6   or employee shall have the same rights with respect to accrued 
 71.7   and future seniority status, efficiency rating, vacation, sick 
 71.8   leave, and other benefits as if that officer or employee had 
 71.9   been actually employed during the time of such leave.  The 
 71.10  officer or employee reinstated under this section is entitled to 
 71.11  vacation and sick leave with pay as provided in any applicable 
 71.12  civil service rules, collective bargaining agreement, or 
 71.13  compensation plan, and accumulates vacation and sick leave from 
 71.14  the time the person enters active military service until the 
 71.15  date of reinstatement without regard to any otherwise applicable 
 71.16  limits on civil service rules limiting the number of days which 
 71.17  may be accumulated.  No officer or employee so reinstated shall 
 71.18  be removed or discharged within one year thereafter except for 
 71.19  cause, after notice and hearing; but this shall not operate to 
 71.20  extend a term of service limited by law. 
 71.21     [EFFECTIVE DATE.] This section is effective the day 
 71.22  following final enactment and applies to any public officer or 
 71.23  public employee serving in active military service on or after 
 71.24  September 11, 2001. 
 71.25     Sec. 4.  Minnesota Statutes 2004, section 192.501, 
 71.26  subdivision 2, is amended to read: 
 71.27     Subd. 2.  [TUITION AND TEXTBOOK REIMBURSEMENT GRANT 
 71.28  PROGRAM.] (a) The adjutant general shall establish a program to 
 71.29  provide tuition and textbook reimbursement grants to eligible 
 71.30  members of the Minnesota National Guard within the limitations 
 71.31  of this subdivision. 
 71.32     (b) Eligibility is limited to a member of the National 
 71.33  Guard who: 
 71.34     (1) is serving satisfactorily as defined by the adjutant 
 71.35  general; 
 71.36     (2) is attending a postsecondary educational institution, 
 72.1   as defined by section 136A.15, subdivision 6, including a 
 72.2   vocational or technical school operated or regulated by this 
 72.3   state or another state or province; and 
 72.4      (3) provides proof of satisfactory completion of 
 72.5   coursework, as defined by the adjutant general. 
 72.6      In addition, (c) Notwithstanding paragraph (b), clause (1), 
 72.7   for a person who: 
 72.8      (1) has satisfactorily completed the person's service 
 72.9   contract in the Minnesota National Guard or the portion of it 
 72.10  involving selective reserve status, for which any part of that 
 72.11  service was spent serving honorably in federal active service or 
 72.12  federally funded state active service since September 11, 2001, 
 72.13  the person's eligibility is extended for a period of two years, 
 72.14  plus an amount of time equal to the duration of that person's 
 72.15  active service, subject to the credit hours limit in paragraph 
 72.16  (g); or 
 72.17     (2) has served honorably in the Minnesota National Guard 
 72.18  and has been separated or discharged from that organization due 
 72.19  to a service-connected injury, disease, or disability, the 
 72.20  eligibility period is extended for eight years beyond the date 
 72.21  of separation, subject to the credit hours limit in paragraph 
 72.22  (g). 
 72.23     (d) If a member of the Minnesota National Guard is killed 
 72.24  in the line of state active service or federally funded state 
 72.25  active service, as defined in section 190.05, subdivisions 5a 
 72.26  and 5b, the member's surviving spouse, and any surviving 
 72.27  dependent who has not yet reached 24 years of age, is eligible 
 72.28  for a tuition and textbook reimbursement grant, with each 
 72.29  eligible person independently subject to the credit hours limit 
 72.30  in paragraph (g). 
 72.31     (e) The adjutant general may, within the limitations of 
 72.32  this paragraph paragraphs (b) to (d) and other applicable laws, 
 72.33  determine additional eligibility criteria for the grant, and 
 72.34  must specify the criteria in department regulations and publish 
 72.35  changes as necessary. 
 72.36     (c) (f) The amount of a tuition and textbook reimbursement 
 73.1   grant must be specified on a schedule as determined and 
 73.2   published in department regulations by the adjutant general, but 
 73.3   is limited to a maximum of an amount equal to the greater of: 
 73.4      (1) up to 100 percent of the cost of tuition for lower 
 73.5   division programs in the College of Liberal Arts at the Twin 
 73.6   Cities campus of the University of Minnesota in the most recent 
 73.7   academic year; or 
 73.8      (2) up to 100 percent of the cost of tuition for the 
 73.9   program in which the person is enrolled at that Minnesota public 
 73.10  institution, or if that public institution is outside the state 
 73.11  of Minnesota, for the cost of a comparable program at the 
 73.12  University of Minnesota, except that in the case of a survivor 
 73.13  as defined in paragraph (b) (d), the amount of the tuition and 
 73.14  textbook reimbursement grant for coursework satisfactorily 
 73.15  completed by the person is limited to 100 percent of the cost of 
 73.16  tuition for postsecondary courses at a Minnesota public 
 73.17  educational institution. 
 73.18     Paragraph (g) Paragraphs (b) to (e) notwithstanding, a 
 73.19  person is no longer eligible for a grant under this subdivision 
 73.20  once the person has received grants under this subdivision for 
 73.21  the equivalent of 208 quarter credits or 144 semester credits of 
 73.22  coursework. 
 73.23     (d) (h) Tuition and textbook reimbursement grants received 
 73.24  under this subdivision may not be considered by the Minnesota 
 73.25  Higher Education Services Office or by any other state board, 
 73.26  commission, or entity in determining a person's eligibility for 
 73.27  a scholarship or grant-in-aid under sections 136A.095 to 
 73.28  136A.1311. 
 73.29     (e) (i) If a member fails to complete a term of enlistment 
 73.30  during which a tuition and textbook reimbursement grant was 
 73.31  paid, the adjutant general may seek to recoup a prorated amount 
 73.32  as determined by the adjutant general.  However, this authority 
 73.33  does not apply to a person whose separation from the Minnesota 
 73.34  National Guard is due to a medical condition or financial 
 73.35  hardship. 
 73.36     (j) For purposes of this section, the terms "active 
 74.1   service," "state active service," "federally funded state active 
 74.2   service," and "federal active service" have the meanings given 
 74.3   in section 190.05, subdivisions 5 to 5c, respectively, except 
 74.4   that for purposes of paragraph (c), clause (1), these terms 
 74.5   exclude service performed exclusively for purposes of: 
 74.6      (1) basic combat training, advanced individual training, 
 74.7   annual training, and periodic inactive duty training; 
 74.8      (2) special training periodically made available to reserve 
 74.9   members; 
 74.10     (3) service performed in accordance with section 190.08, 
 74.11  subdivision 3; and 
 74.12     (4) service performed as part of the active guard/reserve 
 74.13  program pursuant to United States Code, title 32, section 
 74.14  502(f), or other applicable authority. 
 74.15     [EFFECTIVE DATE.] This section is effective the day 
 74.16  following final enactment and applies to persons who have served 
 74.17  in the Minnesota National Guard at anytime since September 11, 
 74.18  2001, and if the person has died in the line of service, to the 
 74.19  person's surviving spouse and dependents. 
 74.20     Sec. 5.  Minnesota Statutes 2004, section 193.29, 
 74.21  subdivision 3, is amended to read: 
 74.22     Subd. 3.  [JOINT BOARDS.] In all cases in which more than 
 74.23  one company or other unit of the military forces shall occupy 
 74.24  the same armory, the armory board shall consist of 
 74.25  officers military personnel assigned to the units or 
 74.26  organizations quartered therein.  The adjutant general shall 
 74.27  designate by order from time to time the representatives of each 
 74.28  unit quartered therein to comprise the armory board for each 
 74.29  armory.  In the discretion of the adjutant general, the 
 74.30  membership of the board may be comprised of officers, warrant 
 74.31  officers, and enlisted personnel and may be changed from time to 
 74.32  time so as to give the several organizations quartered therein 
 74.33  proper representation on the board. 
 74.34     Sec. 6.  Minnesota Statutes 2004, section 193.30, is 
 74.35  amended to read: 
 74.36     193.30 [COMMANDING OFFICERS MANAGEMENT OF ARMORY BOARD.] 
 75.1      The senior officer member on each armory board shall be the 
 75.2   chair, and the junior officer member thereof shall be the 
 75.3   recorder.  A record of the proceedings of the board shall be 
 75.4   kept, and all motions offered, whether seconded or not, shall be 
 75.5   put to a vote and the result recorded.  In the case of a tie 
 75.6   vote the adjutant general, upon the request of any member, shall 
 75.7   decide.  The governor may make and alter rules for the 
 75.8   government of armory boards, officers, and other persons having 
 75.9   charge of armories, arsenals, or other military property of the 
 75.10  state.  
 75.11     Sec. 7.  Minnesota Statutes 2004, section 193.31, is 
 75.12  amended to read: 
 75.13     193.31 [SENIOR OFFICER TO CONTROL OF DRILL HALL.] 
 75.14     The senior officer member of any company or other 
 75.15  organization assembling at an armory for drill or instruction 
 75.16  shall have control of the drill hall or other portion of the 
 75.17  premises used therefor during such occupancy, subject to the 
 75.18  rules prescribed for its use and the orders of that officer's 
 75.19  member's superior.  Any person who intrudes contrary to orders, 
 75.20  or who interrupts, molests, or insults any troops so assembled, 
 75.21  or who refuses to leave the premises when properly requested so 
 75.22  to do, shall be guilty of a misdemeanor.  Nothing in this 
 75.23  section shall prevent reasonable inspection of the premises by 
 75.24  the proper municipal officer, or by the lessor thereof in 
 75.25  accordance with the terms of the lease. 
 75.26     Sec. 8.  Minnesota Statutes 2004, section 197.608, 
 75.27  subdivision 5, is amended to read: 
 75.28     Subd. 5.  [QUALIFYING USES.] The commissioner shall consult 
 75.29  with the Minnesota Association of County Veterans Service 
 75.30  Officers in developing a list of qualifying uses for grants 
 75.31  awarded under this program. The commissioner is authorized to 
 75.32  use any unexpended funding for this program to provide training 
 75.33  and education for county veterans service officers. 
 75.34     [EFFECTIVE DATE.] This section is effective the day 
 75.35  following final enactment. 
 75.36     Sec. 9.  Minnesota Statutes 2004, section 471.975, is 
 76.1   amended to read: 
 76.2      471.975 [MAY PAY DIFFERENTIAL OF RESERVE ON ACTIVE DUTY.] 
 76.3      (a) Except as provided in paragraph (b), a statutory or 
 76.4   home rule charter city, county, town, or other political 
 76.5   subdivision may pay to each eligible member of the National 
 76.6   Guard or other reserve component of the armed forces of the 
 76.7   United States an amount equal to the difference between the 
 76.8   member's basic active duty military salary and the salary the 
 76.9   member would be paid as an active political subdivision 
 76.10  employee, including any adjustments the member would have 
 76.11  received if not on leave of absence.  This payment may be made 
 76.12  only to a person whose basic active duty military salary is less 
 76.13  than the salary the person would be paid as an active political 
 76.14  subdivision employee.  Back pay authorized by this section may 
 76.15  be paid in a lump sum.  Payment under this section must not 
 76.16  extend beyond four years from the date the employee reported for 
 76.17  active service, plus any additional time the employee may be 
 76.18  legally required to serve. 
 76.19     (b) Subject to the limits under paragraph (g), each school 
 76.20  district shall pay to each eligible member of the National Guard 
 76.21  or other reserve component of the armed forces of the United 
 76.22  States an amount equal to the difference between the member's 
 76.23  basic active duty military salary and the salary the member 
 76.24  would be paid as an active school district employee, including 
 76.25  any adjustments the member would have received if not on leave 
 76.26  of absence.  The pay differential must be based on a comparison 
 76.27  between the member's daily rate of active duty pay, calculated 
 76.28  by dividing the member's military monthly salary by the number 
 76.29  of paid days in the month, and the member's daily rate of pay 
 76.30  for the member's school district salary, calculated by dividing 
 76.31  the member's total school district salary by the number of 
 76.32  contract days.  The member's salary as a school district 
 76.33  employee must include the member's basic salary and any 
 76.34  additional salary the member earns from the school district for 
 76.35  cocurricular activities.  The differential payment under this 
 76.36  paragraph must be the difference between the daily rates of 
 77.1   military pay times the number of school district contract days 
 77.2   the member misses because of military active duty.  This payment 
 77.3   may be made only to a person whose basic active duty military 
 77.4   salary is less than the salary the person would be paid as an 
 77.5   active school district employee.  Payments may be made at the 
 77.6   intervals at which the member received pay as a school district 
 77.7   employee.  Payment under this section must not extend beyond 
 77.8   four years from the date the employee reported for active 
 77.9   service, plus any additional time the employee may be legally 
 77.10  required to serve. 
 77.11     (c) An eligible member of the reserve components of the 
 77.12  armed forces of the United States is a reservist or National 
 77.13  Guard member who was an employee of a political subdivision at 
 77.14  the time the member reported for active service on or after May 
 77.15  29, 2003, or who is on active service on May 29, 2003. 
 77.16     (d) Notwithstanding other obligations under law and Except 
 77.17  as provided in paragraph (e) and elsewhere in Minnesota 
 77.18  Statutes, a statutory or home rule charter city, county, town, 
 77.19  or other political subdivision has total discretion regarding 
 77.20  employee benefit continuation for a member who reports for 
 77.21  active service and the terms and conditions of any benefit. 
 77.22     (e) A school district must continue the employee's 
 77.23  enrollment in health and dental coverage, and the employer 
 77.24  contribution toward that coverage, until the employee is covered 
 77.25  by health and dental coverage provided by the armed forces.  If 
 77.26  the employee had elected dependent coverage for health or dental 
 77.27  coverage as of the time that the employee reported for active 
 77.28  service, a school district must offer the employee the option to 
 77.29  continue the dependent coverage at the employee's own expense.  
 77.30  A school district must permit the employee to continue 
 77.31  participating in any pretax account in which the employee 
 77.32  participated when the employee reported for active service, to 
 77.33  the extent of employee pay available for that purpose. 
 77.34     (f) For purposes of this section, "active service" has the 
 77.35  meaning given in section 190.05, subdivision 5, but excludes 
 77.36  service performed exclusively for purposes of: 
 78.1      (1) basic combat training, advanced individual training, 
 78.2   annual training, and periodic inactive duty training; 
 78.3      (2) special training periodically made available to reserve 
 78.4   members; and 
 78.5      (3) service performed in accordance with section 190.08, 
 78.6   subdivision 3. 
 78.7      (g) A school district making payments under paragraph (b) 
 78.8   shall place a sum equal to any difference between the amount of 
 78.9   salary that would have been paid to the employee who is 
 78.10  receiving the payments and the amount of salary being paid to 
 78.11  substitutes for that employee into a special fund that must be 
 78.12  used to pay or partially pay the deployed employee's payments 
 78.13  under paragraph (b).  A school district is required to pay only 
 78.14  this amount to the deployed school district employee. 
 78.15     [EFFECTIVE DATE.] This section is effective the day 
 78.16  following final enactment and applies to any public officer or 
 78.17  public employee serving in active military service on or after 
 78.18  September 11, 2001. 
 78.19     Sec. 10.  Laws 2000, chapter 461, article 4, section 4, as 
 78.20  amended by Laws 2003, First Special Session chapter 12, article 
 78.21  6, section 3, and Laws 2004, chapter 267, article 17, section 7, 
 78.22  is amended to read:  
 78.23     Sec. 4.  [EFFECTIVE DATE; SUNSET REPEALER.] 
 78.24     (a) Sections 1, 2, and 3 are effective on the day following 
 78.25  final enactment.  
 78.26     (b) Sections 1, 2, and 3, are repealed on May 16, 2006 2007.
 78.27     Sec. 11.  [PLAQUE HONORING VETERANS OF THE PERSIAN GULF 
 78.28  WAR.] 
 78.29     A memorial plaque may be placed in the court of honor on 
 78.30  the capitol grounds to recognize the valiant service to our 
 78.31  nation by the thousands of brave men and women who served 
 78.32  honorably as members of the United States Armed Forces during 
 78.33  the Persian Gulf War.  The plaque must be furnished by a person 
 78.34  or organization other than the Department of Veterans Affairs 
 78.35  and must be approved by the commissioner of veterans affairs and 
 78.36  the Capitol Area Architectural and Planning Board. 
 79.1      [EFFECTIVE DATE.] This section is effective the day 
 79.2   following final enactment. 
 79.3      Sec. 12.  [REPEALER.] 
 79.4      Minnesota Statutes 2004, sections 43A.11, subdivision 2; 
 79.5   and 197.455, subdivision 3, are repealed. 
 79.6                              ARTICLE 5 
 79.7                   OFFICE OF ENTERPRISE TECHNOLOGY 
 79.8      Section 1.  Minnesota Statutes 2004, section 10A.01, 
 79.9   subdivision 35, is amended to read: 
 79.10     Subd. 35.  [PUBLIC OFFICIAL.] "Public official" means any: 
 79.11     (1) member of the legislature; 
 79.12     (2) individual employed by the legislature as secretary of 
 79.13  the senate, legislative auditor, chief clerk of the house, 
 79.14  revisor of statutes, or researcher, legislative analyst, or 
 79.15  attorney in the Office of Senate Counsel and Research or House 
 79.16  Research; 
 79.17     (3) constitutional officer in the executive branch and the 
 79.18  officer's chief administrative deputy; 
 79.19     (4) solicitor general or deputy, assistant, or special 
 79.20  assistant attorney general; 
 79.21     (5) commissioner, deputy commissioner, or assistant 
 79.22  commissioner of any state department or agency as listed in 
 79.23  section 15.01 or 15.06, or the state chief information officer; 
 79.24     (6) member, chief administrative officer, or deputy chief 
 79.25  administrative officer of a state board or commission that has 
 79.26  either the power to adopt, amend, or repeal rules under chapter 
 79.27  14, or the power to adjudicate contested cases or appeals under 
 79.28  chapter 14; 
 79.29     (7) individual employed in the executive branch who is 
 79.30  authorized to adopt, amend, or repeal rules under chapter 14 or 
 79.31  adjudicate contested cases under chapter 14; 
 79.32     (8) executive director of the State Board of Investment; 
 79.33     (9) deputy of any official listed in clauses (7) and (8); 
 79.34     (10) judge of the Workers' Compensation Court of Appeals; 
 79.35     (11) administrative law judge or compensation judge in the 
 79.36  State Office of Administrative Hearings or referee in the 
 80.1   Department of Employment and Economic Development; 
 80.2      (12) member, regional administrator, division director, 
 80.3   general counsel, or operations manager of the metropolitan 
 80.4   council; 
 80.5      (13) member or chief administrator of a metropolitan 
 80.6   agency; 
 80.7      (14) director of the Division of Alcohol and Gambling 
 80.8   Enforcement in the Department of Public Safety; 
 80.9      (15) member or executive director of the Higher Education 
 80.10  Facilities Authority; 
 80.11     (16) member of the board of directors or president of 
 80.12  Minnesota Technology, Inc.; or 
 80.13     (17) member of the board of directors or executive director 
 80.14  of the Minnesota State High School League. 
 80.15     Sec. 2.  Minnesota Statutes 2004, section 15.06, is amended 
 80.16  by adding a subdivision to read: 
 80.17     Subd. 1a.  [APPLICATION TO OFFICE OF ENTERPRISE 
 80.18  TECHNOLOGY.] For the purposes of this section, references to 
 80.19  "commissioner" include the chief information officer of the 
 80.20  Office of Enterprise Technology. 
 80.21     Sec. 3.  Minnesota Statutes 2004, section 16B.04, 
 80.22  subdivision 2, is amended to read: 
 80.23     Subd. 2.  [POWERS AND DUTIES, GENERAL.] Subject to other 
 80.24  provisions of this chapter, the commissioner is authorized to:  
 80.25     (1) supervise, control, review, and approve all state 
 80.26  contracts and purchasing; 
 80.27     (2) provide agencies with supplies and equipment and 
 80.28  operate all central store or supply rooms serving more than one 
 80.29  agency; 
 80.30     (3) approve all computer plans and contracts, and oversee 
 80.31  the state's data processing system; 
 80.32     (4) investigate and study the management and organization 
 80.33  of agencies, and reorganize them when necessary to ensure their 
 80.34  effective and efficient operation; 
 80.35     (5) (4) manage and control state property, real and 
 80.36  personal; 
 81.1      (6) (5) maintain and operate all state buildings, as 
 81.2   described in section 16B.24, subdivision 1; 
 81.3      (7) (6) supervise, control, review, and approve all capital 
 81.4   improvements to state buildings and the capitol building and 
 81.5   grounds; 
 81.6      (8) (7) provide central duplicating, printing, and mail 
 81.7   facilities; 
 81.8      (9) (8) oversee publication of official documents and 
 81.9   provide for their sale; 
 81.10     (10) (9) manage and operate parking facilities for state 
 81.11  employees and a central motor pool for travel on state business; 
 81.12     (11) (10) establish and administer a State Building Code; 
 81.13  and 
 81.14     (12) (11) provide rental space within the capitol complex 
 81.15  for a private day care center for children of state employees.  
 81.16  The commissioner shall contract for services as provided in this 
 81.17  chapter.  The commissioner shall report back to the legislature 
 81.18  by October 1, 1984, with the recommendation to implement the 
 81.19  private day care operation.  
 81.20     Sec. 4.  Minnesota Statutes 2004, section 16B.48, 
 81.21  subdivision 4, is amended to read: 
 81.22     Subd. 4.  [REIMBURSEMENTS.] Except as specifically provided 
 81.23  otherwise by law, each agency shall reimburse intertechnologies 
 81.24  and the general services revolving funds for the cost of all 
 81.25  services, supplies, materials, labor, and depreciation of 
 81.26  equipment, including reasonable overhead costs, which the 
 81.27  commissioner is authorized and directed to furnish an agency.  
 81.28  The cost of all publications or other materials produced by the 
 81.29  commissioner and financed from the general services revolving 
 81.30  fund must include reasonable overhead costs.  The commissioner 
 81.31  of administration shall report the rates to be charged for each 
 81.32  the general services revolving fund funds no later than July 1 
 81.33  each year to the chair of the committee or division in the 
 81.34  senate and house of representatives with primary jurisdiction 
 81.35  over the budget of the Department of Administration.  The 
 81.36  commissioner of finance shall make appropriate transfers to the 
 82.1   revolving funds described in this section when requested by the 
 82.2   commissioner of administration.  The commissioner of 
 82.3   administration may make allotments, encumbrances, and, with the 
 82.4   approval of the commissioner of finance, disbursements in 
 82.5   anticipation of such transfers.  In addition, the commissioner 
 82.6   of administration, with the approval of the commissioner of 
 82.7   finance, may require an agency to make advance payments to the 
 82.8   revolving funds in this section sufficient to cover the agency's 
 82.9   estimated obligation for a period of at least 60 days.  All 
 82.10  reimbursements and other money received by the commissioner of 
 82.11  administration under this section must be deposited in the 
 82.12  appropriate revolving fund.  Any earnings remaining in the fund 
 82.13  established to account for the documents service prescribed by 
 82.14  section 16B.51 at the end of each fiscal year not otherwise 
 82.15  needed for present or future operations, as determined by the 
 82.16  commissioners of administration and finance, must be transferred 
 82.17  to the general fund.  
 82.18     Sec. 5.  Minnesota Statutes 2004, section 16B.48, 
 82.19  subdivision 5, is amended to read: 
 82.20     Subd. 5.  [LIQUIDATION.] If the intertechnologies or 
 82.21  general services revolving fund is funds are abolished or 
 82.22  liquidated, the total net profit from the operation of each fund 
 82.23  must be distributed to the various funds from which purchases 
 82.24  were made.  The amount to be distributed to each fund must bear 
 82.25  to the net profit the same ratio as the total purchases from 
 82.26  each fund bears to the total purchases from all the funds during 
 82.27  the same period of time.  
 82.28     Sec. 6.  Minnesota Statutes 2004, section 16E.01, 
 82.29  subdivision 1, is amended to read: 
 82.30     Subdivision 1.  [PURPOSE CREATION; CHIEF INFORMATION 
 82.31  OFFICER.] The Office of Enterprise Technology, referred to in 
 82.32  this chapter as the "office," is under the supervision of the 
 82.33  commissioner of administration an agency in the executive branch 
 82.34  headed by the state chief information officer.  The appointment 
 82.35  of the chief information officer is subject to the advice and 
 82.36  consent of the senate under section 15.066.  
 83.1      Subd. 1a.  [RESPONSIBILITIES.] The office shall 
 83.2   provide oversight, leadership, and direction for information and 
 83.3   communications telecommunications technology policy and the 
 83.4   management, delivery, and security of information and 
 83.5   telecommunications technology systems and services in 
 83.6   Minnesota.  The office shall coordinate manage strategic 
 83.7   investments in information and communications telecommunications 
 83.8   technology systems and services to encourage the development of 
 83.9   a technically literate society and, to ensure sufficient access 
 83.10  to and efficient delivery of government services, and to 
 83.11  maximize benefits for the state government as an enterprise.  
 83.12     Sec. 7.  Minnesota Statutes 2004, section 16E.01, 
 83.13  subdivision 3, is amended to read: 
 83.14     Subd. 3.  [DUTIES.] (a) The office shall: 
 83.15     (1) coordinate manage the efficient and effective use of 
 83.16  available federal, state, local, and private public-private 
 83.17  resources to develop statewide information and communications 
 83.18  telecommunications technology systems and services and its 
 83.19  infrastructure; 
 83.20     (2) review approve state agency and intergovernmental 
 83.21  information and communications telecommunications technology 
 83.22  systems and services development efforts involving state or 
 83.23  intergovernmental funding, including federal funding, provide 
 83.24  information to the legislature regarding projects reviewed, and 
 83.25  recommend projects for inclusion in the governor's budget under 
 83.26  section 16A.11; 
 83.27     (3) encourage ensure cooperation and collaboration among 
 83.28  state and local governments in developing intergovernmental 
 83.29  communication and information and telecommunications technology 
 83.30  systems and services, and define the structure and 
 83.31  responsibilities of the Information Policy Council a 
 83.32  representative governance structure; 
 83.33     (4) cooperate and collaborate with the legislative and 
 83.34  judicial branches in the development of information and 
 83.35  communications systems in those branches; 
 83.36     (5) continue the development of North Star, the state's 
 84.1   official comprehensive on-line service and information 
 84.2   initiative; 
 84.3      (6) promote and collaborate with the state's agencies in 
 84.4   the state's transition to an effectively competitive 
 84.5   telecommunications market; 
 84.6      (7) collaborate with entities carrying out education and 
 84.7   lifelong learning initiatives to assist Minnesotans in 
 84.8   developing technical literacy and obtaining access to ongoing 
 84.9   learning resources; 
 84.10     (8) promote and coordinate public information access and 
 84.11  network initiatives, consistent with chapter 13, to connect 
 84.12  Minnesota's citizens and communities to each other, to their 
 84.13  governments, and to the world; 
 84.14     (9) promote and coordinate electronic commerce initiatives 
 84.15  to ensure that Minnesota businesses and citizens can 
 84.16  successfully compete in the global economy; 
 84.17     (10) manage and promote and coordinate the regular and 
 84.18  periodic reinvestment in the core information communications and 
 84.19  telecommunications technology systems and services 
 84.20  infrastructure so that state and local government agencies can 
 84.21  effectively and efficiently serve their customers; 
 84.22     (11) facilitate the cooperative development of and ensure 
 84.23  compliance with standards and policies for information and 
 84.24  telecommunications technology systems and services, electronic 
 84.25  data practices and privacy, and electronic commerce among 
 84.26  international, national, state, and local public and private 
 84.27  organizations; and 
 84.28     (12) work with others to avoid eliminate unnecessary 
 84.29  duplication of existing information and telecommunications 
 84.30  technology systems and services provided by other public and 
 84.31  private organizations while building on the existing 
 84.32  governmental, educational, business, health care, and economic 
 84.33  development infrastructures; 
 84.34     (13) identify, sponsor, develop, and execute shared 
 84.35  information and telecommunications technology projects and 
 84.36  ongoing operations; and 
 85.1      (14) ensure overall security of the state's information and 
 85.2   technology systems and services. 
 85.3      (b) The commissioner of administration chief information 
 85.4   officer in consultation with the commissioner of finance may 
 85.5   must determine that when it is cost-effective for agencies to 
 85.6   develop and use shared information and communications 
 85.7   telecommunications technology systems and services for the 
 85.8   delivery of electronic government services.  This determination 
 85.9   may be made if an agency proposes a new system that duplicates 
 85.10  an existing system, a system in development, or a system being 
 85.11  proposed by another agency.  The commissioner of 
 85.12  administration chief information officer may require agencies to 
 85.13  use shared information and telecommunications technology systems 
 85.14  and services.  The chief information officer shall establish 
 85.15  reimbursement rates in cooperation with the commissioner of 
 85.16  finance to be billed to agencies and other governmental entities 
 85.17  sufficient to cover the actual development, operating, 
 85.18  maintenance, and administrative costs of the shared systems.  
 85.19  The methodology for billing may include the use of interagency 
 85.20  agreements, or other means as allowed by law. 
 85.21     Sec. 8.  Minnesota Statutes 2004, section 16E.02, is 
 85.22  amended to read: 
 85.23     16E.02 [OFFICE OF ENTERPRISE TECHNOLOGY; STRUCTURE AND 
 85.24  PERSONNEL.] 
 85.25     Subdivision 1.  [OFFICE MANAGEMENT AND STRUCTURE.] (a) The 
 85.26  commissioner of administration chief information officer is 
 85.27  appointed by the governor.  The chief information officer serves 
 85.28  in the unclassified service at the pleasure of the governor.  
 85.29  The chief information officer must have experience leading 
 85.30  enterprise-level information technology organizations.  The 
 85.31  chief information officer is the state's chief information 
 85.32  officer and information and telecommunications technology 
 85.33  advisor to the governor. 
 85.34     (b) The chief information officer may appoint other 
 85.35  employees of the office.  The staff of the office must include 
 85.36  individuals knowledgeable in information and communications 
 86.1   telecommunications technology systems and services and 
 86.2   individuals with specialized training in information security.  
 86.3      Subd. 1a.  [ACCOUNTABILITY.] The chief information officer 
 86.4   reports to the governor.  The chief information officer must 
 86.5   consult regularly with the commissioners of administration, 
 86.6   finance, human services, revenue, and other commissioners as 
 86.7   designated by the governor, on technology projects, standards, 
 86.8   and services as well as management of resources and staff 
 86.9   utilization. 
 86.10     Subd. 2.  [INTERGOVERNMENTAL PARTICIPATION.] The 
 86.11  commissioner of administration chief information officer or the 
 86.12  commissioner's chief information officer's designee shall serve 
 86.13  as a member of the Minnesota Education Telecommunications 
 86.14  Council, the Geographic Information Systems Council, and the 
 86.15  Library Planning Task Force, or their respective successor 
 86.16  organizations, and as a nonvoting member of Minnesota 
 86.17  Technology, Inc. and the Minnesota Health Data Institute as a 
 86.18  nonvoting member. 
 86.19     Subd. 3.  [ADMINISTRATIVE SUPPORT.] The commissioner of 
 86.20  administration must provide office space and administrative 
 86.21  support services to the office.  The office must reimburse the 
 86.22  commissioner for these services. 
 86.23     Sec. 9.  Minnesota Statutes 2004, section 16E.03, 
 86.24  subdivision 1, is amended to read: 
 86.25     Subdivision 1.  [DEFINITIONS.] For the purposes of sections 
 86.26  16E.03 to 16E.05 chapter 16E, the following terms have the 
 86.27  meanings given them. 
 86.28     (a) "Information and telecommunications technology systems 
 86.29  and services" means all computing and telecommunications 
 86.30  hardware and software, the activities undertaken to secure that 
 86.31  hardware and software, and the activities undertaken to acquire, 
 86.32  transport, process, analyze, store, and disseminate information 
 86.33  electronically.  "Information and telecommunications technology 
 86.34  systems and services" includes all proposed expenditures for 
 86.35  computing and telecommunications hardware and software, security 
 86.36  for that hardware and software, and related consulting or other 
 87.1   professional services. 
 87.2      (a) (b) "Information and communications telecommunications 
 87.3   technology project" means the development or acquisition of 
 87.4   information and communications technology devices and systems, 
 87.5   but does not include the state information infrastructure or its 
 87.6   contractors. 
 87.7      (b) "Data processing device or system" means equipment or 
 87.8   computer programs, including computer hardware, firmware, 
 87.9   software, and communication protocols, used in connection with 
 87.10  the processing of information through electronic data processing 
 87.11  means, and includes data communication devices used in 
 87.12  connection with computer facilities for the transmission of data.
 87.13  an effort to acquire or produce information and 
 87.14  telecommunications technology systems and services. 
 87.15     (c) "Telecommunications" means voice, video, and data 
 87.16  electronic transmissions transported by wire, wireless, 
 87.17  fiber-optic, radio, or other available transport technology. 
 87.18     (d) "Cyber security" means the protection of data and 
 87.19  systems in networks connected to the Internet. 
 87.20     (c) (e) "State agency" means an agency in the executive 
 87.21  branch of state government and includes the Minnesota Higher 
 87.22  Education Services Office, but does not include the Minnesota 
 87.23  State Colleges and Universities unless specifically provided 
 87.24  elsewhere in this chapter. 
 87.25     Sec. 10.  Minnesota Statutes 2004, section 16E.03, 
 87.26  subdivision 2, is amended to read: 
 87.27     Subd. 2.  [COMMISSIONER'S CHIEF INFORMATION OFFICER 
 87.28  RESPONSIBILITY.] The commissioner chief information officer 
 87.29  shall coordinate the state's information and communications 
 87.30  telecommunications technology systems and services to serve the 
 87.31  needs of the state government.  The commissioner chief 
 87.32  information officer shall:  
 87.33     (1) coordinate the design of a master plan for information 
 87.34  and communications telecommunications technology systems and 
 87.35  services in the state and its political subdivisions and shall 
 87.36  report on the plan to the governor and legislature at the 
 88.1   beginning of each regular session; 
 88.2      (2) coordinate, review, and approve all information and 
 88.3   communications telecommunications technology plans and contracts 
 88.4   projects and oversee the state's information and communications 
 88.5   telecommunications technology systems and services; 
 88.6      (3) establish and enforce compliance with standards for 
 88.7   information and communications telecommunications technology 
 88.8   systems and services that encourage competition are 
 88.9   cost-effective and support open systems environments and that 
 88.10  are compatible with state, national, and international 
 88.11  standards; and 
 88.12     (4) maintain a library of systems and programs developed by 
 88.13  the state and its political subdivisions for use by agencies of 
 88.14  government; 
 88.15     (5) direct and manage the shared operations of the state's 
 88.16  information and telecommunications technology systems and 
 88.17  services; and 
 88.18     (6) establish and enforce standards and ensure acquisition 
 88.19  of hardware and software necessary to protect data and systems 
 88.20  in state agency networks connected to the Internet. 
 88.21     Sec. 11.  Minnesota Statutes 2004, section 16E.03, 
 88.22  subdivision 3, is amended to read: 
 88.23     Subd. 3.  [EVALUATION AND APPROVAL.] A state agency may not 
 88.24  undertake an information and communications telecommunications 
 88.25  technology project until it has been evaluated according to the 
 88.26  procedures developed under subdivision 4.  The governor or 
 88.27  governor's designee chief information officer shall give written 
 88.28  approval of the proposed project.  If the proposed project is 
 88.29  not approved When notified by the chief information officer that 
 88.30  a project has not been approved, the commissioner of finance 
 88.31  shall cancel the unencumbered balance of any appropriation 
 88.32  allotted for the project.  This subdivision does not apply to 
 88.33  acquisitions or development of information and communications 
 88.34  systems that have anticipated total cost of less than $100,000. 
 88.35  The Minnesota State Colleges and Universities shall submit for 
 88.36  approval any project related to acquisitions or development of 
 89.1   information and communications systems that has a total 
 89.2   anticipated cost of more than $250,000. 
 89.3      Sec. 12.  Minnesota Statutes 2004, section 16E.03, 
 89.4   subdivision 7, is amended to read: 
 89.5      Subd. 7.  [DATA CYBER SECURITY SYSTEMS.] In consultation 
 89.6   with the attorney general and appropriate agency heads, the 
 89.7   commissioner chief information officer shall develop data cyber 
 89.8   security policies, guidelines, and standards, and the 
 89.9   commissioner of administration shall install and administer 
 89.10  state data security systems on the state's centralized computer 
 89.11  facility facilities consistent with these policies, guidelines, 
 89.12  standards, and state law to ensure the integrity of 
 89.13  computer-based and other data and to ensure applicable 
 89.14  limitations on access to data, consistent with the public's 
 89.15  right to know as defined in chapter 13.  The chief information 
 89.16  officer is responsible for overall security of state agency 
 89.17  networks connected to the Internet.  Each department or agency 
 89.18  head is responsible for the security of the department's or 
 89.19  agency's data within the guidelines of established enterprise 
 89.20  policy. 
 89.21     Sec. 13.  Minnesota Statutes 2004, section 16E.04, is 
 89.22  amended to read: 
 89.23     16E.04 [INFORMATION AND COMMUNICATIONS TELECOMMUNICATIONS 
 89.24  TECHNOLOGY POLICY.] 
 89.25     Subdivision 1.  [DEVELOPMENT.] The office shall coordinate 
 89.26  with state agencies in developing and establishing develop, 
 89.27  establish, and enforce policies and standards for state agencies 
 89.28  to follow in developing and purchasing information and 
 89.29  communications telecommunications technology systems and 
 89.30  services and training appropriate persons in their use.  The 
 89.31  office shall develop, promote, and coordinate manage state 
 89.32  technology, architecture, standards and guidelines, information 
 89.33  needs analysis techniques, contracts for the purchase of 
 89.34  equipment and services, and training of state agency personnel 
 89.35  on these issues. 
 89.36     Subd. 2.  [RESPONSIBILITIES.] (a) In addition to other 
 90.1   activities prescribed by law, the office shall carry out the 
 90.2   duties set out in this subdivision. 
 90.3      (b) The office shall develop and establish a state 
 90.4   information architecture to ensure that further state agency 
 90.5   development and purchase of information and communications 
 90.6   systems, equipment, and services is designed to ensure that 
 90.7   individual agency information systems complement and do not 
 90.8   needlessly duplicate or conflict with the systems of other 
 90.9   agencies.  When state agencies have need for the same or similar 
 90.10  public data, the commissioner chief information officer, in 
 90.11  coordination with the affected agencies, shall promote manage 
 90.12  the most efficient and cost-effective method of producing and 
 90.13  storing data for or sharing data between those agencies.  The 
 90.14  development of this information architecture must include the 
 90.15  establishment of standards and guidelines to be followed by 
 90.16  state agencies.  The office shall ensure compliance with the 
 90.17  architecture. 
 90.18     (c) The office shall assist state agencies in the planning 
 90.19  and management of information systems so that an individual 
 90.20  information system reflects and supports the state agency's 
 90.21  mission and the state's requirements and functions.  The office 
 90.22  shall review and approve agency technology plans to ensure 
 90.23  consistency with enterprise information and telecommunications 
 90.24  technology strategy. 
 90.25     (d) The office shall review and approve agency requests for 
 90.26  legislative appropriations funding for the development or 
 90.27  purchase of information systems equipment or software before the 
 90.28  requests may be included in the governor's budget. 
 90.29     (e) The office shall review major purchases of information 
 90.30  systems equipment to: 
 90.31     (1) ensure that the equipment follows the standards and 
 90.32  guidelines of the state information architecture; 
 90.33     (2) ensure that the equipment is consistent with the 
 90.34  information management principles adopted by the Information 
 90.35  Policy Council; 
 90.36     (3) evaluate whether the agency's proposed purchase 
 91.1   reflects a cost-effective policy regarding volume purchasing; 
 91.2   and 
 91.3      (4) (3) ensure that the equipment is consistent with other 
 91.4   systems in other state agencies so that data can be shared among 
 91.5   agencies, unless the office determines that the agency 
 91.6   purchasing the equipment has special needs justifying the 
 91.7   inconsistency. 
 91.8      (f) The office shall review the operation of information 
 91.9   systems by state agencies and provide advice and assistance to 
 91.10  ensure that these systems are operated efficiently and securely 
 91.11  and continually meet the standards and guidelines established by 
 91.12  the office.  The standards and guidelines must emphasize 
 91.13  uniformity that is cost-effective for the enterprise, that 
 91.14  encourages information interchange, open systems environments, 
 91.15  and portability of information whenever practicable and 
 91.16  consistent with an agency's authority and chapter 13.  
 91.17     (g) The office shall conduct a comprehensive review at 
 91.18  least every three years of the information systems investments 
 91.19  that have been made by state agencies and higher education 
 91.20  institutions.  The review must include recommendations on any 
 91.21  information systems applications that could be provided in a 
 91.22  more cost-beneficial manner by an outside source.  The office 
 91.23  must report the results of its review to the legislature and the 
 91.24  governor. 
 91.25     Subd. 3.  [RISK ASSESSMENT AND MITIGATION.] (a) A risk 
 91.26  assessment and risk mitigation plan are required for an all 
 91.27  information systems development project estimated to cost more 
 91.28  than $1,000,000 that is projects undertaken by a state agency in 
 91.29  the executive or judicial branch or by a constitutional officer. 
 91.30  The commissioner of administration chief information officer 
 91.31  must contract with an entity outside of state government to 
 91.32  conduct the initial assessment and prepare the mitigation plan 
 91.33  for a project estimated to cost more than $5,000,000.  The 
 91.34  outside entity conducting the risk assessment and preparing the 
 91.35  mitigation plan must not have any other direct or indirect 
 91.36  financial interest in the project.  The risk assessment and risk 
 92.1   mitigation plan must provide for periodic monitoring by the 
 92.2   commissioner until the project is completed. 
 92.3      (b) The risk assessment and risk mitigation plan must be 
 92.4   paid for with money appropriated for the information systems 
 92.5   development and telecommunications technology project.  The 
 92.6   chief information officer must notify the commissioner of 
 92.7   finance when work has begun on a project and must identify the 
 92.8   proposed budget for the project.  The commissioner of finance 
 92.9   shall ensure that no more than ten percent of the amount 
 92.10  anticipated to proposed budget be spent on the project, other 
 92.11  than the money spent on the risk assessment and risk mitigation 
 92.12  plan, may be is spent until the risk assessment and mitigation 
 92.13  plan are reported to the commissioner of administration chief 
 92.14  information officer and the commissioner chief information 
 92.15  officer has approved the risk mitigation plan. 
 92.16     Sec. 14.  Minnesota Statutes 2004, section 16E.0465, 
 92.17  subdivision 1, is amended to read:  
 92.18     Subdivision 1.  [APPLICATION.] This section applies to an 
 92.19  appropriation of more than $1,000,000 of state or federal funds 
 92.20  to a state agency for any information and communications 
 92.21  telecommunications technology project or data processing device 
 92.22  or system or for any phase of such a project, device, or 
 92.23  system.  For purposes of this section, an appropriation of state 
 92.24  or federal funds to a state agency includes an appropriation:  
 92.25     (1) to the Minnesota State Colleges and Universities; 
 92.26     (2) to a constitutional officer; 
 92.27     (3) (2) for a project that includes both a state agency and 
 92.28  units of local government; and 
 92.29     (4) (3) to a state agency for grants to be made to other 
 92.30  entities. 
 92.31     Sec. 15.  Minnesota Statutes 2004, section 16E.0465, 
 92.32  subdivision 2, is amended to read: 
 92.33     Subd. 2.  [REQUIRED REVIEW AND APPROVAL.] (a) A state 
 92.34  agency receiving an appropriation for an information and 
 92.35  communications telecommunications technology project or data 
 92.36  processing device or system subject to this section must divide 
 93.1   the project into phases. 
 93.2      (b) The commissioner of finance may not authorize the 
 93.3   encumbrance or expenditure of an appropriation of state funds to 
 93.4   a state agency for any phase of a project, device, or system 
 93.5   subject to this section unless the Office of Enterprise 
 93.6   Technology has reviewed each phase of the project, device, or 
 93.7   system, and based on this review, the commissioner of 
 93.8   administration chief information officer has determined for each 
 93.9   phase that:  
 93.10     (1) the project is compatible with the state information 
 93.11  architecture and other policies and standards established by the 
 93.12  commissioner of administration chief information officer; and 
 93.13     (2) the agency is able to accomplish the goals of the phase 
 93.14  of the project with the funds appropriated; and 
 93.15     (3) the project supports the enterprise information 
 93.16  technology strategy. 
 93.17     Sec. 16.  Minnesota Statutes 2004, section 16E.055, is 
 93.18  amended to read: 
 93.19     16E.055 [COMMON WEB FORMAT ELECTRONIC GOVERNMENT SERVICES.] 
 93.20     A state agency that implements electronic government 
 93.21  services for fees, licenses, sales, or other purposes must use a 
 93.22  common Web page format approved by the commissioner of 
 93.23  administration for those electronic government services.  The 
 93.24  commissioner may create a the single entry site created by the 
 93.25  chief information officer for all agencies to use for electronic 
 93.26  government services.  
 93.27     Sec. 17.  Minnesota Statutes 2004, section 16E.07, 
 93.28  subdivision 8, is amended to read: 
 93.29     Subd. 8.  [SECURE TRANSACTION SYSTEM.] The office shall 
 93.30  plan and develop a secure transaction system to support delivery 
 93.31  of government services electronically.  A state agency that 
 93.32  implements electronic government services for fees, licenses, 
 93.33  sales, or other purposes must use the secure transaction system 
 93.34  developed in accordance with this section. 
 93.35     Sec. 18.  [16E.14] [ENTERPRISE TECHNOLOGY REVOLVING FUND.] 
 93.36     Subdivision 1.  [CREATION.] The enterprise technology 
 94.1   revolving fund is created in the state treasury. 
 94.2      Subd. 2.  [APPROPRIATION AND USES OF FUND.] Money in the 
 94.3   enterprise technology revolving fund is appropriated annually to 
 94.4   the chief information officer to operate information and 
 94.5   telecommunications services, including management, consultation, 
 94.6   and design services. 
 94.7      Subd. 3.  [REIMBURSEMENTS.] Except as specifically provided 
 94.8   otherwise by law, each agency shall reimburse the enterprise 
 94.9   technology revolving fund for the cost of all services, 
 94.10  supplies, materials, labor, and depreciation of equipment, 
 94.11  including reasonable overhead costs, which the chief information 
 94.12  officer is authorized and directed to furnish an agency.  The 
 94.13  chief information officer shall report the rates to be charged 
 94.14  for the revolving fund no later than July 1 each year to the 
 94.15  chair of the committee or division in the senate and house of 
 94.16  representatives with primary jurisdiction over the budget of the 
 94.17  Office of Enterprise Technology.  
 94.18     Subd. 4.  [CASH FLOW.] The commissioner of finance shall 
 94.19  make appropriate transfers to the revolving fund when requested 
 94.20  by the chief information officer.  The chief information officer 
 94.21  may make allotments and encumbrances in anticipation of such 
 94.22  transfers.  In addition, the chief information officer, with the 
 94.23  approval of the commissioner of finance, may require an agency 
 94.24  to make advance payments to the revolving fund sufficient to 
 94.25  cover the office's estimated obligation for a period of at least 
 94.26  60 days.  All reimbursements and other money received by the 
 94.27  chief information officer under this section must be deposited 
 94.28  in the enterprise technology revolving fund.  
 94.29     Subd. 5.  [LIQUIDATION.] If the enterprise technology 
 94.30  revolving fund is abolished or liquidated, the total net profit 
 94.31  from the operation of the fund must be distributed to the 
 94.32  various funds from which purchases were made.  The amount to be 
 94.33  distributed to each fund must bear to the net profit the same 
 94.34  ratio as the total purchases from each fund bears to the total 
 94.35  purchases from all the funds during the same period of time. 
 94.36     Sec. 19.  Minnesota Statutes 2004, section 299C.65, 
 95.1   subdivision 1, is amended to read: 
 95.2      Subdivision 1.  [MEMBERSHIP, DUTIES.] (a) The Criminal and 
 95.3   Juvenile Justice Information Policy Group consists of the 
 95.4   commissioner of corrections, the commissioner of public safety, 
 95.5   the commissioner of administration state chief information 
 95.6   officer, the commissioner of finance, and four members of the 
 95.7   judicial branch appointed by the chief justice of the Supreme 
 95.8   Court.  The policy group may appoint additional, nonvoting 
 95.9   members as necessary from time to time. 
 95.10     (b) The commissioner of public safety is designated as the 
 95.11  chair of the policy group.  The commissioner and the policy 
 95.12  group have overall responsibility for the successful completion 
 95.13  of statewide criminal justice information system integration 
 95.14  (CriMNet).  The policy group may hire a program manager to 
 95.15  manage the CriMNet projects and to be responsible for the 
 95.16  day-to-day operations of CriMNet.  The policy group must ensure 
 95.17  that generally accepted project management techniques are 
 95.18  utilized for each CriMNet project, including: 
 95.19     (1) clear sponsorship; 
 95.20     (2) scope management; 
 95.21     (3) project planning, control, and execution; 
 95.22     (4) continuous risk assessment and mitigation; 
 95.23     (5) cost management; 
 95.24     (6) quality management reviews; 
 95.25     (7) communications management; and 
 95.26     (8) proven methodology. 
 95.27     (c) Products and services for CriMNet project management, 
 95.28  system design, implementation, and application hosting must be 
 95.29  acquired using an appropriate procurement process, which 
 95.30  includes: 
 95.31     (1) a determination of required products and services; 
 95.32     (2) a request for proposal development and identification 
 95.33  of potential sources; 
 95.34     (3) competitive bid solicitation, evaluation, and 
 95.35  selection; and 
 95.36     (4) contract administration and close-out. 
 96.1      (d) The policy group shall study and make recommendations 
 96.2   to the governor, the Supreme Court, and the legislature on:  
 96.3      (1) a framework for integrated criminal justice information 
 96.4   systems, including the development and maintenance of a 
 96.5   community data model for state, county, and local criminal 
 96.6   justice information; 
 96.7      (2) the responsibilities of each entity within the criminal 
 96.8   and juvenile justice systems concerning the collection, 
 96.9   maintenance, dissemination, and sharing of criminal justice 
 96.10  information with one another; 
 96.11     (3) actions necessary to ensure that information maintained 
 96.12  in the criminal justice information systems is accurate and 
 96.13  up-to-date; 
 96.14     (4) the development of an information system containing 
 96.15  criminal justice information on gross misdemeanor-level and 
 96.16  felony-level juvenile offenders that is part of the integrated 
 96.17  criminal justice information system framework; 
 96.18     (5) the development of an information system containing 
 96.19  criminal justice information on misdemeanor arrests, 
 96.20  prosecutions, and convictions that is part of the integrated 
 96.21  criminal justice information system framework; 
 96.22     (6) comprehensive training programs and requirements for 
 96.23  all individuals in criminal justice agencies to ensure the 
 96.24  quality and accuracy of information in those systems; 
 96.25     (7) continuing education requirements for individuals in 
 96.26  criminal justice agencies who are responsible for the 
 96.27  collection, maintenance, dissemination, and sharing of criminal 
 96.28  justice data; 
 96.29     (8) a periodic audit process to ensure the quality and 
 96.30  accuracy of information contained in the criminal justice 
 96.31  information systems; 
 96.32     (9) the equipment, training, and funding needs of the state 
 96.33  and local agencies that participate in the criminal justice 
 96.34  information systems; 
 96.35     (10) the impact of integrated criminal justice information 
 96.36  systems on individual privacy rights; 
 97.1      (11) the impact of proposed legislation on the criminal 
 97.2   justice system, including any fiscal impact, need for training, 
 97.3   changes in information systems, and changes in processes; 
 97.4      (12) the collection of data on race and ethnicity in 
 97.5   criminal justice information systems; 
 97.6      (13) the development of a tracking system for domestic 
 97.7   abuse orders for protection; 
 97.8      (14) processes for expungement, correction of inaccurate 
 97.9   records, destruction of records, and other matters relating to 
 97.10  the privacy interests of individuals; and 
 97.11     (15) the development of a database for extended 
 97.12  jurisdiction juvenile records and whether the records should be 
 97.13  public or private and how long they should be retained.  
 97.14     Sec. 20.  Minnesota Statutes 2004, section 299C.65, 
 97.15  subdivision 2, is amended to read: 
 97.16     Subd. 2.  [REPORT, TASK FORCE.] (a) The policy group shall 
 97.17  file an annual report with the governor, Supreme Court, and 
 97.18  chairs and ranking minority members of the senate and house 
 97.19  committees and divisions with jurisdiction over criminal justice 
 97.20  funding and policy by December 1 of each year.  
 97.21     (b) The report must make recommendations concerning any 
 97.22  legislative changes or appropriations that are needed to ensure 
 97.23  that the criminal justice information systems operate accurately 
 97.24  and efficiently.  To assist them in developing their 
 97.25  recommendations, the policy group shall appoint a task force 
 97.26  consisting of its members or their designees and the following 
 97.27  additional members:  
 97.28     (1) the director of the Office of Strategic and Long-Range 
 97.29  Planning; 
 97.30     (2) two sheriffs recommended by the Minnesota Sheriffs 
 97.31  Association; 
 97.32     (3) two police chiefs recommended by the Minnesota Chiefs 
 97.33  of Police Association; 
 97.34     (4) two county attorneys recommended by the Minnesota 
 97.35  County Attorneys Association; 
 97.36     (5) two city attorneys recommended by the Minnesota League 
 98.1   of Cities; 
 98.2      (6) two public defenders appointed by the Board of Public 
 98.3   Defense; 
 98.4      (7) two district judges appointed by the Conference of 
 98.5   Chief Judges, one of whom is currently assigned to the juvenile 
 98.6   court; 
 98.7      (8) two community corrections administrators recommended by 
 98.8   the Minnesota Association of Counties, one of whom represents a 
 98.9   community corrections act county; 
 98.10     (9) two probation officers; 
 98.11     (10) four public members, one of whom has been a victim of 
 98.12  crime, and two who are representatives of the private business 
 98.13  community who have expertise in integrated information systems; 
 98.14     (11) two court administrators; 
 98.15     (12) one member of the house of representatives appointed 
 98.16  by the speaker of the house; 
 98.17     (13) one member of the senate appointed by the majority 
 98.18  leader; 
 98.19     (14) the attorney general or a designee; 
 98.20     (15) the commissioner of administration state chief 
 98.21  information officer or a designee; 
 98.22     (16) an individual recommended by the Minnesota League of 
 98.23  Cities; and 
 98.24     (17) an individual recommended by the Minnesota Association 
 98.25  of Counties. 
 98.26  In making these appointments, the appointing authority shall 
 98.27  select members with expertise in integrated data systems or best 
 98.28  practices.  
 98.29     (c) The commissioner of public safety may appoint 
 98.30  additional, nonvoting members to the task force as necessary 
 98.31  from time to time. 
 98.32     Sec. 21.  Minnesota Statutes 2004, section 403.36, 
 98.33  subdivision 1, is amended to read: 
 98.34     Subdivision 1.  [MEMBERSHIP.] (a) The commissioner of 
 98.35  public safety shall convene and chair the Statewide Radio Board 
 98.36  to develop a project plan for a statewide, shared, trunked 
 99.1   public safety radio communication system.  The system may be 
 99.2   referred to as "Allied Radio Matrix for Emergency Response," or 
 99.3   "ARMER." 
 99.4      (b) The board consists of the following members or their 
 99.5   designees: 
 99.6      (1) the commissioner of public safety; 
 99.7      (2) the commissioner of transportation; 
 99.8      (3) the commissioner of administration state chief 
 99.9   information officer; 
 99.10     (4) the commissioner of natural resources; 
 99.11     (5) the chief of the Minnesota State Patrol; 
 99.12     (6) the commissioner of health; 
 99.13     (7) the commissioner of finance; 
 99.14     (8) two elected city officials, one from the nine-county 
 99.15  metropolitan area and one from Greater Minnesota, appointed by 
 99.16  the governing body of the League of Minnesota Cities; 
 99.17     (9) two elected county officials, one from the nine-county 
 99.18  metropolitan area and one from Greater Minnesota, appointed by 
 99.19  the governing body of the Association of Minnesota Counties; 
 99.20     (10) two sheriffs, one from the nine-county metropolitan 
 99.21  area and one from Greater Minnesota, appointed by the governing 
 99.22  body of the Minnesota Sheriffs' Association; 
 99.23     (11) two chiefs of police, one from the nine-county 
 99.24  metropolitan area and one from Greater Minnesota, appointed by 
 99.25  the governor after considering recommendations made by the 
 99.26  Minnesota Chiefs' of Police Association; 
 99.27     (12) two fire chiefs, one from the nine-county metropolitan 
 99.28  area and one from Greater Minnesota, appointed by the governor 
 99.29  after considering recommendations made by the Minnesota Fire 
 99.30  Chiefs' Association; 
 99.31     (13) two representatives of emergency medical service 
 99.32  providers, one from the nine-county metropolitan area and one 
 99.33  from Greater Minnesota, appointed by the governor after 
 99.34  considering recommendations made by the Minnesota Ambulance 
 99.35  Association; 
 99.36     (14) the chair of the Metropolitan Radio Board; and 
100.1      (15) a representative of Greater Minnesota elected by those 
100.2   units of government in phase three and any subsequent phase of 
100.3   development as defined in the statewide, shared radio and 
100.4   communication plan, who have submitted a plan to the Statewide 
100.5   Radio Board and where development has been initiated. 
100.6      (c) The Statewide Radio Board shall coordinate the 
100.7   appointment of board members representing Greater Minnesota with 
100.8   the appointing authorities and may designate the geographic 
100.9   region or regions from which an appointed board member is 
100.10  selected where necessary to provide representation from 
100.11  throughout the state.  
100.12     Sec. 22.  [TRANSFER OF DUTIES.] 
100.13     Responsibilities of the commissioner of administration for 
100.14  state telecommunications systems, state information 
100.15  infrastructure, and electronic conduct of state business under 
100.16  Minnesota Statutes, sections 16B.405; 16B.44; 16B.46; 16B.465; 
100.17  16B.466; and 16B.467, are transferred to the Office of 
100.18  Enterprise Technology.  All positions in the Office of 
100.19  Technology and the Intertechnologies Group are transferred to 
100.20  the Office of Enterprise Technology.  Minnesota Statutes, 
100.21  section 15.039, applies to the transfer of responsibilities in 
100.22  this section. 
100.23     Sec. 23.  [REVISOR INSTRUCTION.] 
100.24     In the next and subsequent editions of Minnesota Statutes, 
100.25  the revisor of statutes shall: 
100.26     (1) substitute the term "chief information officer" for 
100.27  "commissioner" and "commissioner of administration" in the 
100.28  following sections:  16B.405; 16B.44; 16B.46; 16B.465; 16B.466; 
100.29  16B.467; 16E.03, subdivisions 4, 5, 6, and 8; 16E.035; and 
100.30  16E.07, subdivision 4; 
100.31     (2) substitute the term "Office of Enterprise Technology" 
100.32  for the term "Office of Technology"; and 
100.33     (3) recodify the following sections into chapter 16E:  
100.34  16B.405; 16B.44; 16B.46; 16B.465; 16B.466; and 16B.467. 
100.35     Sec. 24.  [REPEALER.] 
100.36     Minnesota Statutes 2004, sections 16B.48, subdivision 3; 
101.1   and 16E.0465, subdivision 3, are repealed. 
101.2                              ARTICLE 6 
101.3                    ELECTIONS AND CAMPAIGN FINANCE 
101.4      Section 1.  Minnesota Statutes 2004, section 10A.01, 
101.5   subdivision 5, is amended to read: 
101.6      Subd. 5.  [ASSOCIATED BUSINESS.] "Associated business" 
101.7   means an association, corporation, partnership, limited 
101.8   liability company, limited liability partnership, or other 
101.9   organized legal entity from which the individual receives 
101.10  compensation in excess of $50, except for actual and reasonable 
101.11  expenses, in any month as a director, officer, owner, member, 
101.12  partner, employer or employee, or whose securities the 
101.13  individual holds worth $2,500 or more at fair market value. 
101.14     Sec. 2.  Minnesota Statutes 2004, section 10A.01, 
101.15  subdivision 26, is amended to read: 
101.16     Subd. 26.  [NONCAMPAIGN DISBURSEMENT.] "Noncampaign 
101.17  disbursement" means a purchase or payment of money or anything 
101.18  of value made, or an advance of credit incurred, or a donation 
101.19  in kind received, by a principal campaign committee for any of 
101.20  the following purposes: 
101.21     (1) payment for accounting and legal services; 
101.22     (2) return of a contribution to the source; 
101.23     (3) repayment of a loan made to the principal campaign 
101.24  committee by that committee; 
101.25     (4) return of a public subsidy; 
101.26     (5) payment for food, beverages, entertainment, and 
101.27  facility rental for a fund-raising event; 
101.28     (6) services for a constituent by a member of the 
101.29  legislature or a constitutional officer in the executive branch, 
101.30  including the costs of preparing and distributing a suggestion 
101.31  or idea solicitation to constituents, performed from the 
101.32  beginning of the term of office to adjournment sine die of the 
101.33  legislature in the election year for the office held, and half 
101.34  the cost of services for a constituent by a member of the 
101.35  legislature or a constitutional officer in the executive branch 
101.36  performed from adjournment sine die to 60 days after adjournment 
102.1   sine die; 
102.2      (7) payment for food and beverages provided to campaign 
102.3   consumed by a candidate or volunteers while they are engaged in 
102.4   campaign activities; 
102.5      (8) payment for food or a beverage consumed while attending 
102.6   a reception or meeting directly related to legislative duties; 
102.7      (9) payment of expenses incurred by elected or appointed 
102.8   leaders of a legislative caucus in carrying out their leadership 
102.9   responsibilities; 
102.10     (9) (10) payment by a principal campaign committee of the 
102.11  candidate's expenses for serving in public office, other than 
102.12  for personal uses; 
102.13     (10) (11) costs of child care for the candidate's children 
102.14  when campaigning; 
102.15     (11) (12) fees paid to attend a campaign school; 
102.16     (12) (13) costs of a postelection party during the election 
102.17  year when a candidate's name will no longer appear on a ballot 
102.18  or the general election is concluded, whichever occurs first; 
102.19     (13) (14) interest on loans paid by a principal campaign 
102.20  committee on outstanding loans; 
102.21     (14) (15) filing fees; 
102.22     (15) (16) post-general election thank-you notes or 
102.23  advertisements in the news media; 
102.24     (16) (17) the cost of campaign material purchased to 
102.25  replace defective campaign material, if the defective material 
102.26  is destroyed without being used; 
102.27     (17) (18) contributions to a party unit; and 
102.28     (18) (19) payments for funeral gifts or memorials; and 
102.29     (20) other purchases or payments specified in board rules 
102.30  or advisory opinions as being for any purpose other than to 
102.31  influence the nomination or election of a candidate or to 
102.32  promote or defeat a ballot question. 
102.33     The board must determine whether an activity involves a 
102.34  noncampaign disbursement within the meaning of this subdivision. 
102.35     A noncampaign disbursement is considered to be made in the 
102.36  year in which the candidate made the purchase of goods or 
103.1   services or incurred an obligation to pay for goods or services. 
103.2      Sec. 3.  Minnesota Statutes 2004, section 10A.025, is 
103.3   amended by adding a subdivision to read: 
103.4      Subd. 1a.  [ELECTRONIC FILING.] A report or statement 
103.5   required to be filed under this chapter may be filed 
103.6   electronically.  The board shall adopt rules to regulate 
103.7   electronic filing and to ensure that the electronic filing 
103.8   process is secure. 
103.9      Sec. 4.  Minnesota Statutes 2004, section 10A.071, 
103.10  subdivision 3, is amended to read: 
103.11     Subd. 3.  [EXCEPTIONS.] (a) The prohibitions in this 
103.12  section do not apply if the gift is: 
103.13     (1) a contribution as defined in section 10A.01, 
103.14  subdivision 11; 
103.15     (2) services to assist an official in the performance of 
103.16  official duties, including but not limited to providing advice, 
103.17  consultation, information, and communication in connection with 
103.18  legislation, and services to constituents; 
103.19     (3) services of insignificant monetary value; 
103.20     (4) a plaque or similar memento recognizing individual 
103.21  services in a field of specialty or to a charitable cause; 
103.22     (5) a trinket or memento of insignificant value costing $5 
103.23  or less; 
103.24     (6) informational material of unexceptional value; or 
103.25     (7) food or a beverage given at a reception, meal, or 
103.26  meeting away from the recipient's place of work by an 
103.27  organization before whom the recipient appears to make a speech 
103.28  or answer questions as part of a program. 
103.29     (b) The prohibitions in this section do not apply if the 
103.30  gift is given: 
103.31     (1) because of the recipient's membership in a group, a 
103.32  majority of whose members are not officials, and an equivalent 
103.33  gift is given to the other members of the group; or 
103.34     (2) by a lobbyist or principal who is a member of the 
103.35  family of the recipient, unless the gift is given on behalf of 
103.36  someone who is not a member of that family. 
104.1      Sec. 5.  Minnesota Statutes 2004, section 10A.08, is 
104.2   amended to read: 
104.3      10A.08 [REPRESENTATION DISCLOSURE.] 
104.4      A public official who represents a client for a fee before 
104.5   an individual, board, commission, or agency that has rulemaking 
104.6   authority in a hearing conducted under chapter 14, must disclose 
104.7   the official's participation in the action to the board within 
104.8   14 days after the appearance.  The board must send a notice by 
104.9   certified mail to any public official who fails to disclose the 
104.10  participation within 14 days after the appearance.  If the 
104.11  public official fails to disclose the participation within ten 
104.12  business days after the notice was sent, the board may impose a 
104.13  late filing fee of $5 per day, not to exceed $100, starting on 
104.14  the 11th day after the notice was sent.  The board must send an 
104.15  additional notice by certified mail to a public official who 
104.16  fails to disclose the participation within 14 days after the 
104.17  first notice was sent by the board that the public official may 
104.18  be subject to a civil penalty for failure to disclose the 
104.19  participation.  A public official who fails to disclose the 
104.20  participation within seven days after the second notice was sent 
104.21  by the board is subject to a civil penalty imposed by the board 
104.22  of up to $1,000. 
104.23     Sec. 6.  Minnesota Statutes 2004, section 10A.20, 
104.24  subdivision 5, is amended to read: 
104.25     Subd. 5.  [PREELECTION REPORTS.] In a statewide election 
104.26  any loan, contribution, or contributions from any one source 
104.27  totaling $2,000 or more, or in any judicial district or 
104.28  legislative election totaling more than $400, received between 
104.29  the last day covered in the last report before an election and 
104.30  the election must be reported to the board in one of the 
104.31  following ways: 
104.32     (1) in person within 48 hours after its receipt; 
104.33     (2) by telegram or mailgram within 48 hours after its 
104.34  receipt; or 
104.35     (3) by certified mail sent within 48 hours after its 
104.36  receipt; or 
105.1      (4) by electronic means sent within 48 hours after its 
105.2   receipt. 
105.3      These loans and contributions must also be reported in the 
105.4   next required report. 
105.5      The 48-hour notice requirement does not apply with respect 
105.6   to a primary in which the statewide or legislative candidate is 
105.7   unopposed. 
105.8      Sec. 7.  Minnesota Statutes 2004, section 10A.27, 
105.9   subdivision 1, is amended to read: 
105.10     Subdivision 1.  [CONTRIBUTION LIMITS.] (a) Except as 
105.11  provided in subdivision 2, a candidate must not permit the 
105.12  candidate's principal campaign committee to accept aggregate 
105.13  contributions made or delivered by any individual, political 
105.14  committee, or political fund in excess of the following: 
105.15     (1) to candidates for governor and lieutenant governor 
105.16  running together, $2,000 in an election year for the office 
105.17  sought and $500 in other years; 
105.18     (2) to a candidate for attorney general, $1,000 in an 
105.19  election year for the office sought and $200 in other years; 
105.20     (3) to a candidate for the office of secretary of state or 
105.21  state auditor, $500 in an election year for the office sought 
105.22  and $100 in other years; 
105.23     (4) to a candidate for state senator, $500 in an election 
105.24  year for the office sought and $100 in other years; and 
105.25     (5) to a candidate for state representative, $500 in an 
105.26  election year for the office sought and $100 in the other year. 
105.27     (b) The following deliveries are not subject to the 
105.28  bundling limitation in this subdivision: 
105.29     (1) delivery of contributions collected by a member of the 
105.30  candidate's principal campaign committee, such as a block worker 
105.31  or a volunteer who hosts a fund-raising event, to the 
105.32  committee's treasurer; and 
105.33     (2) a delivery made by an individual on behalf of the 
105.34  individual's spouse.  
105.35     (c) A lobbyist, political committee, political party unit, 
105.36  or political fund must not make a contribution a candidate is 
106.1   prohibited from accepting. 
106.2      Sec. 8.  Minnesota Statutes 2004, section 10A.28, 
106.3   subdivision 2, is amended to read: 
106.4      Subd. 2.  [EXCEEDING CONTRIBUTION LIMITS.] A political 
106.5   committee, political fund, or principal campaign committee that 
106.6   makes a contribution, or a candidate who permits the candidate's 
106.7   principal campaign committee to accept contributions, in excess 
106.8   of the limits imposed by section 10A.27 is subject to a civil 
106.9   penalty of up to four times the amount by which the contribution 
106.10  exceeded the limits. The following are subject to a civil 
106.11  penalty of up to four times the amount by which a contribution 
106.12  exceeds the applicable limits: 
106.13     (1) a lobbyist, political committee, or political fund that 
106.14  makes a contribution in excess of the limits imposed by section 
106.15  10A.27, subdivisions 1 and 8; 
106.16     (2) a principal campaign committee that makes a 
106.17  contribution in excess of the limits imposed by section 10A.27, 
106.18  subdivision 2; 
106.19     (3) a political party unit that makes a contribution in 
106.20  excess of the limits imposed by section 10A.27, subdivisions 2 
106.21  and 8; or 
106.22     (4) a candidate who permits the candidate's principal 
106.23  campaign committee to accept contributions in excess of the 
106.24  limits imposed by section 10A.27. 
106.25     Sec. 9.  Minnesota Statutes 2004, section 10A.31, 
106.26  subdivision 4, is amended to read: 
106.27     Subd. 4.  [APPROPRIATION.] (a) The amounts designated by 
106.28  individuals for the state elections campaign fund, less three 
106.29  percent, are appropriated from the general fund, must be 
106.30  transferred and credited to the appropriate account in the state 
106.31  elections campaign fund, and are annually appropriated for 
106.32  distribution as set forth in subdivisions 5, 5a, 6, and 7.  The 
106.33  remaining three percent must be kept in the general fund for 
106.34  administrative costs.  
106.35     (b) In addition to the amounts in paragraph 
106.36  (a), $1,500,000 $1,250,000 for each general election is 
107.1   appropriated from the general fund for transfer to the general 
107.2   account of the state elections campaign fund. 
107.3      Of this appropriation, $65,000 each fiscal year must be set 
107.4   aside to pay assessments made by the Office of Administrative 
107.5   Hearings under section 211B.37.  Amounts remaining after all 
107.6   assessments have been paid must be canceled to the general 
107.7   account. 
107.8      Sec. 10.  Minnesota Statutes 2004, section 10A.31, 
107.9   subdivision 5, is amended to read: 
107.10     Subd. 5.  [ALLOCATION.] (a)  [GENERAL ACCOUNT.] In each 
107.11  calendar year the money in the general account must be allocated 
107.12  to candidates as follows: 
107.13     (1) 21 percent for the offices of governor and lieutenant 
107.14  governor together; 
107.15     (2) 4.2 percent for the office of attorney general; 
107.16     (3) 2.4 percent each for the offices of secretary of state 
107.17  and state auditor; 
107.18     (4) in each calendar year during the period in which state 
107.19  senators serve a four-year term, 23-1/3 percent for the office 
107.20  of state senator, and 46-2/3 percent for the office of state 
107.21  representative; and 
107.22     (5) in each calendar year during the period in which state 
107.23  senators serve a two-year term, 35 percent each for the offices 
107.24  of state senator and state representative. 
107.25     (b)  [PARTY ACCOUNT.] In each calendar year the money in 
107.26  each party account must be allocated as follows: 
107.27     (1) 14 percent for the offices of governor and lieutenant 
107.28  governor together; 
107.29     (2) 2.8 percent for the office of attorney general; 
107.30     (3) 1.6 percent each for the offices of secretary of state 
107.31  and state auditor; 
107.32     (4) in each calendar year during the period in which state 
107.33  senators serve a four-year term, 23-1/3 percent for the office 
107.34  of state senator, and 46-2/3 percent for the office of state 
107.35  representative; 
107.36     (5) in each calendar year during the period in which state 
108.1   senators serve a two-year term, 35 percent each for the offices 
108.2   of state senator and state representative; and 
108.3      (6) ten percent or $50,000, whichever is less, for the 
108.4   state committee of a political party; one-third of any amount in 
108.5   excess of that allocated to the state committee of a political 
108.6   party under this clause must be allocated to the office of state 
108.7   senator and two-thirds must be allocated to the office of state 
108.8   representative under clause (4). 
108.9      Money allocated to each state committee under clause (6) 
108.10  must be deposited in a separate account and must be spent for 
108.11  only those items enumerated in section 10A.275.  Money allocated 
108.12  to a state committee under clause (6) must be paid to the 
108.13  committee by the board as it is received in the account on a 
108.14  monthly basis, with payment on the 15th day of the calendar 
108.15  month following the month in which the returns were processed by 
108.16  the Department of Revenue, provided that these distributions 
108.17  would be equal to 90 percent of the amount of money indicated in 
108.18  the Department of Revenue's weekly unedited reports of income 
108.19  tax returns and property tax refund returns processed in the 
108.20  month, as notified by the Department of Revenue to the board.  
108.21  The amounts paid to each state committee are subject to biennial 
108.22  adjustment and settlement at the time of each certification 
108.23  required of the commissioner of revenue under subdivisions 7 and 
108.24  10.  If the total amount of payments received by a state 
108.25  committee for the period reflected on a certification by the 
108.26  Department of Revenue is different from the amount that should 
108.27  have been received during the period according to the 
108.28  certification, each subsequent monthly payment must be increased 
108.29  or decreased to the fullest extent possible until the amount of 
108.30  the overpayment is recovered or the underpayment is distributed. 
108.31     Sec. 11.  Minnesota Statutes 2004, section 200.02, 
108.32  subdivision 7, is amended to read: 
108.33     Subd. 7.  [MAJOR POLITICAL PARTY.] (a) "Major political 
108.34  party" means a political party that maintains a party 
108.35  organization in the state, political division or precinct in 
108.36  question and that has presented at least one candidate for 
109.1   election to the office of: 
109.2      (1) governor and lieutenant governor, secretary of state, 
109.3   state auditor, or attorney general at the last preceding state 
109.4   general election for those offices; or 
109.5      (2) presidential elector or U.S. senator at the last 
109.6   preceding state general election for presidential electors; and 
109.7      whose candidate received votes in each county in that 
109.8   election and received votes from not less than five percent of 
109.9   the total number of individuals who voted in that election. 
109.10     (b) "Major political party" also means a political party 
109.11  that maintains a party organization in the state, political 
109.12  subdivision, or precinct in question and that has presented at 
109.13  least 45 candidates for election to the office of state 
109.14  representative, 23 candidates for election to the office of 
109.15  state senator, four candidates for election to the office of 
109.16  representative in Congress, and one candidate for election to 
109.17  each of the following offices: governor and lieutenant governor, 
109.18  attorney general, secretary of state, and state auditor, at the 
109.19  last preceding state general election for those offices. 
109.20     (c)  "Major political party" also means a political party 
109.21  that maintains a party organization in the state, political 
109.22  subdivision, or precinct in question and whose members present 
109.23  to the secretary of state at any time before the close of filing 
109.24  for the state partisan primary ballot a petition for a place on 
109.25  the state partisan primary ballot, which petition contains 
109.26  signatures of a number of the party members equal to at least 
109.27  five percent of the total number of individuals who voted in the 
109.28  preceding state general election. 
109.29     (c) (d) A political party whose candidate receives a 
109.30  sufficient number of votes at a state general election described 
109.31  in paragraph (a) or a political party that presents candidates 
109.32  at an election as required by paragraph (b) becomes a major 
109.33  political party as of January 1 following that election and 
109.34  retains its major party status notwithstanding that for at least 
109.35  two state general elections even if the party fails to present a 
109.36  candidate who receives the number and percentage of votes 
110.1   required under paragraph (a) or fails to present candidates as 
110.2   required by paragraph (b) at the following subsequent state 
110.3   general election elections. 
110.4      (d) (e) A major political party whose candidates fail to 
110.5   receive the number and percentage of votes required under 
110.6   paragraph (a) and that fails to present candidates as required 
110.7   by paragraph (b) at either each of two consecutive state general 
110.8   election elections described by paragraph (a) or (b), 
110.9   respectively, loses major party status as of December 31 
110.10  following the most recent later of the two consecutive state 
110.11  general election elections. 
110.12     Sec. 12.  Minnesota Statutes 2004, section 200.02, 
110.13  subdivision 23, is amended to read: 
110.14     Subd. 23.  [MINOR POLITICAL PARTY.] (a) "Minor political 
110.15  party" means a political party that is not a major political 
110.16  party as defined by subdivision 7 and that has adopted a state 
110.17  constitution, designated a state party chair, held a state 
110.18  convention in the last two years, filed with the secretary of 
110.19  state no later than December 31 following the most recent state 
110.20  general election a certification that the party has met the 
110.21  foregoing requirements, and met the requirements of paragraph 
110.22  (b) or (e), as applicable. 
110.23     (b) To be considered a minor party in all elections 
110.24  statewide, the political party must have presented at least one 
110.25  candidate for election to the office of: 
110.26     (1) governor and lieutenant governor, secretary of state, 
110.27  state auditor, or attorney general, at the last preceding state 
110.28  general election for those offices; or 
110.29     (2) presidential elector or U.S. senator at the preceding 
110.30  state general election for presidential electors; and 
110.31     who received votes in each county that in the aggregate 
110.32  equal at least one percent of the total number of individuals 
110.33  who voted in the election, or its members must have presented to 
110.34  the secretary of state at any time before the close of filing 
110.35  for the state partisan primary ballot a nominating petition in a 
110.36  form prescribed by the secretary of state containing the 
111.1   signatures of party members in a number equal to at least one 
111.2   percent of the total number of individuals who voted in the 
111.3   preceding state general election. 
111.4      (c) A political party whose candidate receives a sufficient 
111.5   number of votes at a state general election described in 
111.6   paragraph (b) becomes a minor political party as of January 1 
111.7   following that election and retains its minor party status 
111.8   notwithstanding that for at least two state general elections 
111.9   even if the party fails to present a candidate who receives the 
111.10  number and percentage of votes required under paragraph (b) 
111.11  at the following subsequent state general election elections. 
111.12     (d) A minor political party whose candidates fail to 
111.13  receive the number and percentage of votes required under 
111.14  paragraph (b) at either each of two consecutive state general 
111.15  election elections described by paragraph (b) loses minor party 
111.16  status as of December 31 following the most recent later of the 
111.17  two consecutive state general election elections. 
111.18     (e) A minor party that qualifies to be a major party loses 
111.19  its status as a minor party at the time it becomes a major 
111.20  party.  Votes received by the candidates of a major party must 
111.21  be counted in determining whether the party received sufficient 
111.22  votes to qualify as a minor party, notwithstanding that the 
111.23  party does not receive sufficient votes to retain its major 
111.24  party status.  To be considered a minor party in an election in 
111.25  a legislative district, the political party must have presented 
111.26  at least one candidate for a legislative office in that district 
111.27  who received votes from at least ten percent of the total number 
111.28  of individuals who voted for that office, or its members must 
111.29  have presented to the secretary of state a nominating petition 
111.30  in a form prescribed by the secretary of state containing the 
111.31  signatures of party members in a number equal to at least ten 
111.32  percent of the total number of individuals who voted in the 
111.33  preceding state general election for that legislative office.  
111.34     Sec. 13.  Minnesota Statutes 2004, section 200.02, is 
111.35  amended by adding a subdivision to read: 
111.36     Subd. 24.  [METROPOLITAN AREA.] "Metropolitan area" means 
112.1   the counties of Anoka, Carver, Chisago, Dakota, Hennepin, 
112.2   Isanti, Ramsey, Scott, Sherburne, Washington, and Wright. 
112.3      Sec. 14.  Minnesota Statutes 2004, section 201.014, 
112.4   subdivision 2, is amended to read: 
112.5      Subd. 2.  [NOT ELIGIBLE.] The following individuals are not 
112.6   eligible to vote.  Any individual:  
112.7      (a) Convicted of treason or any felony whose civil rights 
112.8   have not been restored; 
112.9      (b) Under a guardianship of the person in which the court 
112.10  order provides that the ward does not retain revokes the ward's 
112.11  right to vote; or 
112.12     (c) Found by a court of law to be legally incompetent. 
112.13     Sec. 15.  Minnesota Statutes 2004, section 201.061, 
112.14  subdivision 3, is amended to read: 
112.15     Subd. 3.  [ELECTION DAY REGISTRATION.] (a) An individual 
112.16  who is eligible to vote may register on election day by 
112.17  appearing in person at the polling place for the precinct in 
112.18  which the individual maintains residence, by completing a 
112.19  registration application, making an oath in the form prescribed 
112.20  by the secretary of state and providing proof of residence.  An 
112.21  individual may prove residence for purposes of registering by: 
112.22     (1) presenting a driver's license or Minnesota 
112.23  identification card issued pursuant to section 171.07; 
112.24     (2) presenting any document approved by the secretary of 
112.25  state as proper identification; 
112.26     (3) presenting one of the following: 
112.27     (i) a current valid student identification card from a 
112.28  postsecondary educational institution in Minnesota, if a list of 
112.29  students from that institution has been prepared under section 
112.30  135A.17 and certified to the county auditor in the manner 
112.31  provided in rules of the secretary of state; or 
112.32     (ii) a current student fee statement that contains the 
112.33  student's valid address in the precinct together with a picture 
112.34  identification card; or 
112.35     (4) having a voter who is registered to vote in the 
112.36  precinct, or who is an employee employed by and working in a 
113.1   residential facility in the precinct and vouching for a resident 
113.2   in the facility, sign an oath in the presence of the election 
113.3   judge vouching that the voter or employee personally knows that 
113.4   the individual is a resident of the precinct.  A voter who has 
113.5   been vouched for on election day may not sign a proof of 
113.6   residence oath vouching for any other individual on that 
113.7   election day.  A voter who is registered to vote in the precinct 
113.8   may sign up to 15 proof-of-residence oaths on any election day.  
113.9   This limitation does not apply to an employee of a residential 
113.10  facility described in this clause.  The secretary of state shall 
113.11  provide a form for election judges to use in recording the 
113.12  number of individuals for whom a voter signs proof-of-residence 
113.13  oaths on election day.  The form must include space for the 
113.14  maximum number of individuals for whom a voter may sign 
113.15  proof-of-residence oaths.  For each proof-of-residence oath, the 
113.16  form must include a statement that the voter is registered to 
113.17  vote in the precinct, personally knows that the individual is a 
113.18  resident of the precinct, and is making the statement on oath.  
113.19  The form must include a space for the voter's printed name, 
113.20  signature, telephone number, and address. 
113.21     The oath required by this subdivision and Minnesota Rules, 
113.22  part 8200.9939, must be attached to the voter registration 
113.23  application and the information on the oath must be recorded on 
113.24  the records of both the voter registering on election day and 
113.25  the voter who is vouching for the person's residence, and 
113.26  entered into the statewide voter registration system by the 
113.27  county auditor when the voter registration application is 
113.28  entered into that system. 
113.29     (b) The operator of a residential facility shall prepare a 
113.30  list of the names of its employees currently working in the 
113.31  residential facility and the address of the residential 
113.32  facility.  The operator shall certify the list and provide it to 
113.33  the appropriate county auditor no less than 20 days before each 
113.34  election for use in election day registration.  
113.35     (c) "Residential facility" means transitional housing as 
113.36  defined in section 119A.43, subdivision 1; a supervised living 
114.1   facility licensed by the commissioner of health under section 
114.2   144.50, subdivision 6; a nursing home as defined in section 
114.3   144A.01, subdivision 5; a residence registered with the 
114.4   commissioner of health as a housing with services establishment 
114.5   as defined in section 144D.01, subdivision 4; a veterans home 
114.6   operated by the board of directors of the Minnesota Veterans 
114.7   Homes under chapter 198; a residence licensed by the 
114.8   commissioner of human services to provide a residential program 
114.9   as defined in section 245A.02, subdivision 14; a residential 
114.10  facility for persons with a developmental disability licensed by 
114.11  the commissioner of human services under section 252.28; group 
114.12  residential housing as defined in section 256I.03, subdivision 
114.13  3; a shelter for battered women as defined in section 611A.37, 
114.14  subdivision 4; or a supervised publicly or privately operated 
114.15  shelter or dwelling designed to provide temporary living 
114.16  accommodations for the homeless. 
114.17     (d) For tribal band members living on an Indian 
114.18  reservation, an individual may prove residence for purposes of 
114.19  registering by presenting an identification card issued by the 
114.20  tribal government of a tribe recognized by the Bureau of Indian 
114.21  Affairs, United States Department of the Interior, that contains 
114.22  the name, street address, signature, and picture of the 
114.23  individual.  The county auditor of each county having territory 
114.24  within the reservation shall maintain a record of the number of 
114.25  election day registrations accepted under this section. 
114.26     (e) A county, school district, or municipality may require 
114.27  that an election judge responsible for election day registration 
114.28  initial each completed registration application. 
114.29     Sec. 16.  Minnesota Statutes 2004, section 201.071, 
114.30  subdivision 1, is amended to read: 
114.31     Subdivision 1.  [FORM.] A voter registration application 
114.32  must be of suitable size and weight for mailing and contain 
114.33  spaces for the following required information:  voter's first 
114.34  name, middle name, and last name; voter's previous name, if any; 
114.35  voter's current address; voter's previous address, if any; 
114.36  voter's date of birth; voter's municipality and county of 
115.1   residence; voter's telephone number, if provided by the voter; 
115.2   date of registration; current and valid Minnesota driver's 
115.3   license number or Minnesota state identification number, or if 
115.4   the voter has no current and valid Minnesota driver's license or 
115.5   Minnesota state identification, the last four digits of the 
115.6   voter's Social Security number; and voter's signature.  The 
115.7   registration application may include the voter's e-mail address, 
115.8   if provided by the voter, and the voter's interest in serving as 
115.9   an election judge, if indicated by the voter.  The application 
115.10  must also contain the following certification of voter 
115.11  eligibility: 
115.12     "I certify that I: 
115.13     (1) will be at least 18 years old on election day; 
115.14     (2) am a citizen of the United States; 
115.15     (3) will have resided in Minnesota for 20 days immediately 
115.16  preceding election day; 
115.17     (4) maintain residence at the address given on the 
115.18  registration form; 
115.19     (5) am not under court-ordered guardianship of the person 
115.20  where I have not retained the in which the court order revokes 
115.21  my right to vote; 
115.22     (6) have not been found by a court to be legally 
115.23  incompetent to vote; 
115.24     (7) have not the right to vote because, if I have been 
115.25  convicted of a felony without having my civil rights restored, 
115.26  my felony sentence has expired (been completed) or I have been 
115.27  discharged from my sentence; and 
115.28     (8) have read and understand the following statement:  that 
115.29  giving false information is a felony punishable by not more than 
115.30  five years imprisonment or a fine of not more than $10,000, or 
115.31  both." 
115.32     The certification must include boxes for the voter to 
115.33  respond to the following questions:  
115.34     "(1) Are you a citizen of the United States?" and 
115.35     "(2) Will you be 18 years old on or before election day?" 
115.36     And the instruction: 
116.1      "If you checked 'no' to either of these questions, do not 
116.2   complete this form." 
116.3      The form of the voter registration application and the 
116.4   certification of voter eligibility must be as provided in this 
116.5   subdivision and approved by the secretary of state.  Voter 
116.6   registration forms authorized by the National Voter Registration 
116.7   Act may must also be accepted as valid.  The federal postcard 
116.8   application form must also be accepted as valid if it is not 
116.9   deficient and the voter is eligible to register in Minnesota.  
116.10     An individual may use a voter registration application to 
116.11  apply to register to vote in Minnesota or to change information 
116.12  on an existing registration. 
116.13     Sec. 17.  Minnesota Statutes 2004, section 201.091, 
116.14  subdivision 4, is amended to read: 
116.15     Subd. 4.  [PUBLIC INFORMATION LISTS.] The county auditor 
116.16  shall make available for inspection a public information list 
116.17  which must contain the name, address, year of birth, and voting 
116.18  history of each registered voter in the county.  The telephone 
116.19  number must be included on the list if provided by the voter.  
116.20  The public information list may also include information on 
116.21  voting districts.  The county auditor may adopt reasonable rules 
116.22  governing access to the list.  No individual inspecting the 
116.23  public information list shall tamper with or alter it in any 
116.24  manner.  No individual who inspects the public information list 
116.25  or who acquires a list of registered voters prepared from the 
116.26  public information list may use any information contained in the 
116.27  list for purposes unrelated to elections, political activities, 
116.28  or law enforcement.  The secretary of state may provide copies 
116.29  of the public information lists and other information from the 
116.30  statewide registration system for uses related to elections, 
116.31  political activities, or in response to a law enforcement 
116.32  inquiry from a public official concerning a failure to comply 
116.33  with any criminal statute or any state or local tax statute. 
116.34     Before inspecting the public information list or obtaining 
116.35  a list of voters or other information from the list, the 
116.36  individual shall provide identification to the public official 
117.1   having custody of the public information list and shall state in 
117.2   writing that any information obtained from the list will not be 
117.3   used for purposes unrelated to elections, political activities, 
117.4   or law enforcement.  Requests to examine or obtain information 
117.5   from the public information lists or the statewide registration 
117.6   system must be made and processed in the manner provided in the 
117.7   rules of the secretary of state. 
117.8      Upon receipt of a written request and a copy of the court 
117.9   order statement signed by the voter that withholding the voter's 
117.10  name from the public information list is required for the safety 
117.11  of the voter or the voter's family, the secretary of state and 
117.12  county auditor must withhold from the public information list 
117.13  the name of any a registered voter placed under court-ordered 
117.14  protection.  
117.15     Sec. 18.  Minnesota Statutes 2004, section 201.091, 
117.16  subdivision 5, is amended to read: 
117.17     Subd. 5.  [COPY OF LIST TO REGISTERED VOTER.] The county 
117.18  auditors and the secretary of state shall provide copies of the 
117.19  public information lists in electronic or other media to any 
117.20  voter registered in Minnesota within ten days of receiving a 
117.21  written or electronic request accompanied by payment of the cost 
117.22  of reproduction.  The county auditors and the secretary of state 
117.23  shall make a copy of the list available for public inspection 
117.24  without cost.  An individual who inspects or acquires a copy of 
117.25  a public information list may not use any information contained 
117.26  in it for purposes unrelated to elections, political activities, 
117.27  or law enforcement.  
117.28     Sec. 19.  Minnesota Statutes 2004, section 201.15, is 
117.29  amended to read: 
117.30     201.15 [DISTRICT JUDGE, REPORT GUARDIANSHIPS AND 
117.31  COMMITMENTS.] 
117.32     Subdivision 1.  [GUARDIANSHIPS AND INCOMPETENTS.] Pursuant 
117.33  to the Help America Vote Act of 2002, Public Law 107-252, the 
117.34  state court administrator shall report monthly by electronic 
117.35  means to the secretary of state the name, address, and date of 
117.36  birth of each individual 18 years of age or over, who during the 
118.1   month preceding the date of the report:  
118.2      (a) was placed under a guardianship of the person in which 
118.3   the court order provides that the ward does not retain revokes 
118.4   the ward's right to vote; or 
118.5      (b) was adjudged legally incompetent. 
118.6      The court administrator shall also report the same 
118.7   information for each individual transferred to the jurisdiction 
118.8   of the court who meets a condition specified in clause (a) or 
118.9   (b).  The secretary of state shall determine if any of the 
118.10  persons in the report is registered to vote and shall prepare a 
118.11  list of those registrants for the county auditor.  The county 
118.12  auditor shall change the status on the record in the statewide 
118.13  registration system of any individual named in the report to 
118.14  indicate that the individual is not eligible to reregister or 
118.15  vote. 
118.16     Subd. 2.  [RESTORATION TO CAPACITY GUARDIANSHIP TERMINATION 
118.17  OR MODIFICATION.] Pursuant to the Help America Vote Act of 2002, 
118.18  Public Law 107-252, the state court administrator shall report 
118.19  monthly by electronic means to the secretary of state the name, 
118.20  address, and date of birth of each individual transferred from 
118.21  whose guardianship to conservatorship or who is restored to 
118.22  capacity by the court was modified to restore the ward's right 
118.23  to vote or whose guardianship was terminated by order of the 
118.24  court under section 524.5-317 after being ineligible to vote for 
118.25  any of the reasons specified in subdivision 1.  The secretary of 
118.26  state shall determine if any of the persons in the report is 
118.27  registered to vote and shall prepare a list of those registrants 
118.28  for the county auditor.  The county auditor shall change the 
118.29  status on the voter's record in the statewide registration 
118.30  system to "active." 
118.31     Sec. 20.  Minnesota Statutes 2004, section 203B.01, 
118.32  subdivision 3, is amended to read: 
118.33     Subd. 3.  [MILITARY.] "Military" means the Army, Navy, Air 
118.34  Force, Marine Corps, Coast Guard or Merchant Marine of the 
118.35  United States, and all other uniformed services as defined in 
118.36  United States Code, title 42, section 1973ff-6.  
119.1      Sec. 21.  Minnesota Statutes 2004, section 203B.04, 
119.2   subdivision 1, is amended to read: 
119.3      Subdivision 1.  [APPLICATION PROCEDURES.] Except as 
119.4   otherwise allowed by subdivision 2, an application for absentee 
119.5   ballots for any election may be submitted at any time not less 
119.6   than one day before the day of that election.  The county 
119.7   auditor shall prepare absentee ballot application forms in the 
119.8   format provided in the rules of by the secretary of state, 
119.9   notwithstanding rules on absentee ballot forms, and shall 
119.10  furnish them to any person on request.  By January 1 of each 
119.11  even-numbered year, the secretary of state shall make the forms 
119.12  to be used available to auditors through electronic means.  An 
119.13  application submitted pursuant to this subdivision shall be in 
119.14  writing and shall be submitted to:  
119.15     (a) the county auditor of the county where the applicant 
119.16  maintains residence; or 
119.17     (b) the municipal clerk of the municipality, or school 
119.18  district if applicable, where the applicant maintains residence. 
119.19     An application shall be approved if it is timely received, 
119.20  signed and dated by the applicant, contains the applicant's name 
119.21  and residence and mailing addresses, and states that the 
119.22  applicant is eligible to vote by absentee ballot for one of the 
119.23  reasons specified in section 203B.02.  The application may 
119.24  contain a request for the voter's date of birth, which must not 
119.25  be made available for public inspection.  An application may be 
119.26  submitted to the county auditor or municipal clerk by an 
119.27  electronic facsimile device.  An application mailed or returned 
119.28  in person to the county auditor or municipal clerk on behalf of 
119.29  a voter by a person other than the voter must be deposited in 
119.30  the mail or returned in person to the county auditor or 
119.31  municipal clerk within ten days after it has been dated by the 
119.32  voter and no later than six days before the election.  The 
119.33  absentee ballot applications or a list of persons applying for 
119.34  an absentee ballot may not be made available for public 
119.35  inspection until the close of voting on election day.  
119.36     An application under this subdivision may contain an 
120.1   application under subdivision 5 to automatically receive an 
120.2   absentee ballot application. 
120.3      Sec. 22.  Minnesota Statutes 2004, section 203B.04, 
120.4   subdivision 4, is amended to read: 
120.5      Subd. 4.  [REGISTRATION AT TIME OF APPLICATION.] An 
120.6   eligible voter who is not registered to vote but who is 
120.7   otherwise eligible to vote by absentee ballot may register by 
120.8   including a completed voter registration card with the absentee 
120.9   ballot.  The individual shall present proof of residence as 
120.10  required by section 201.061, subdivision 3, to the individual 
120.11  who witnesses the marking of the absentee ballots.  A military 
120.12  voter, as defined in section 203B.01, may register in this 
120.13  manner if voting pursuant to sections 203B.04 to 203B.15, or may 
120.14  register pursuant to sections 203B.16 to 203B.27.  
120.15     Sec. 23.  Minnesota Statutes 2004, section 203B.04, is 
120.16  amended by adding a subdivision to read: 
120.17     Subd. 6.  [ONGOING ABSENTEE STATUS; TERMINATION.] (a) An 
120.18  eligible voter may apply to a county auditor or municipal clerk 
120.19  for status as an ongoing absentee voter who reasonably expects 
120.20  to meet the requirements of section 203B.02, subdivision 1.  
120.21  Each applicant must automatically be provided with an absentee 
120.22  ballot application for each ensuing election other than an 
120.23  election by mail conducted under section 204B.45, and must have 
120.24  the status of ongoing absentee voter indicated on the voter's 
120.25  registration record. 
120.26     (b) Ongoing absentee voter status ends on: 
120.27     (1) the voter's written request; 
120.28     (2) the voter's death; 
120.29     (3) return of an ongoing absentee ballot as undeliverable; 
120.30     (4) a change in the voter's status so that the voter is not 
120.31  eligible to vote under section 201.15 or 201.155; or 
120.32     (5) placement of the voter's registration on inactive 
120.33  status under section 201.171. 
120.34     Sec. 24.  Minnesota Statutes 2004, section 203B.07, 
120.35  subdivision 2, is amended to read: 
120.36     Subd. 2.  [DESIGN OF ENVELOPES.] The return envelope shall 
121.1   be of sufficient size to conveniently enclose and contain the 
121.2   ballot envelope and a voter registration card folded along its 
121.3   perforations.  The return envelope shall be designed to open on 
121.4   the left-hand end.  Notwithstanding any rule to the contrary, 
121.5   the return envelope must be designed in one of the following 
121.6   ways: 
121.7      (1) it must be of sufficient size to contain an additional 
121.8   envelope that when sealed, conceals the signature, 
121.9   identification, and other information; or 
121.10     (2) it must provide an additional flap that when sealed, 
121.11  conceals the signature, identification, and other information. 
121.12  Election officials may open the flap or the additional envelope 
121.13  at any time after receiving the returned ballot to inspect the 
121.14  returned certificate for completeness or to ascertain other 
121.15  information.  A certificate of eligibility to vote by absentee 
121.16  ballot shall be printed on the right hand three-fourths of the 
121.17  back of the envelope.  The certificate shall contain a statement 
121.18  to be signed and sworn by the voter indicating that the voter 
121.19  meets all of the requirements established by law for voting by 
121.20  absentee ballot.  The certificate shall also contain a statement 
121.21  signed by a person who is registered to vote in Minnesota or by 
121.22  a notary public or other individual authorized to administer 
121.23  oaths stating that:  
121.24     (a) the ballots were displayed to that individual unmarked; 
121.25     (b) the voter marked the ballots in that individual's 
121.26  presence without showing how they were marked, or, if the voter 
121.27  was physically unable to mark them, that the voter directed 
121.28  another individual to mark them; and 
121.29     (c) if the voter was not previously registered, the voter 
121.30  has provided proof of residence as required by section 201.061, 
121.31  subdivision 3.  
121.32     The county auditor or municipal clerk shall affix first 
121.33  class postage to the return envelopes.  
121.34     Sec. 25.  Minnesota Statutes 2004, section 203B.11, 
121.35  subdivision 1, is amended to read: 
121.36     Subdivision 1.  [GENERALLY.] Each full-time municipal clerk 
122.1   or school district clerk who has authority under section 203B.05 
122.2   to administer absentee voting laws shall designate election 
122.3   judges to deliver absentee ballots in accordance with this 
122.4   section.  The county auditor may must also designate election 
122.5   judges to perform the duties in this section.  A ballot may be 
122.6   delivered only to an eligible voter who is a temporary or 
122.7   permanent resident or patient in a health care facility or 
122.8   hospital located in the municipality in which the voter 
122.9   maintains residence.  The ballots shall be delivered by two 
122.10  election judges, each of whom is affiliated with a different 
122.11  major political party.  When the election judges deliver or 
122.12  return ballots as provided in this section, they shall travel 
122.13  together in the same vehicle.  Both election judges shall be 
122.14  present when an applicant completes the certificate of 
122.15  eligibility and marks the absentee ballots, and may assist an 
122.16  applicant as provided in section 204C.15.  The election judges 
122.17  shall deposit the return envelopes containing the marked 
122.18  absentee ballots in a sealed container and return them to the 
122.19  clerk on the same day that they are delivered and marked. 
122.20     Sec. 26.  Minnesota Statutes 2004, section 203B.12, 
122.21  subdivision 2, is amended to read: 
122.22     Subd. 2.  [EXAMINATION OF RETURN ENVELOPES.] Two or more 
122.23  election judges shall examine each return envelope and shall 
122.24  mark it accepted or rejected in the manner provided in this 
122.25  subdivision.  If a ballot has been prepared under section 
122.26  204B.12, subdivision 2a, or 204B.41, the election judges shall 
122.27  not begin removing ballot envelopes from the return envelopes 
122.28  until 8:00 p.m. on election day, either in the polling place or 
122.29  at an absentee ballot board established under section 203B.13. 
122.30     The election judges shall mark the return envelope 
122.31  "Accepted" and initial or sign the return envelope below the 
122.32  word "Accepted" if the election judges or a majority of them are 
122.33  satisfied that:  
122.34     (1) the voter's name and address on the return envelope are 
122.35  the same as the information provided on the absentee ballot 
122.36  application; 
123.1      (2) the voter's signature on the return envelope is the 
123.2   genuine signature of the individual who made the application for 
123.3   ballots and the certificate has been completed as prescribed in 
123.4   the directions for casting an absentee ballot, except that if a 
123.5   person other than the voter applied for the absentee ballot 
123.6   under applicable Minnesota Rules, the signature is not required 
123.7   to match; 
123.8      (3) the voter is registered and eligible to vote in the 
123.9   precinct or has included a properly completed voter registration 
123.10  application in the return envelope; and 
123.11     (4) the voter has not already voted at that election, 
123.12  either in person or by absentee ballot.  
123.13     There is no other reason for rejecting an absentee ballot.  
123.14  In particular, failure to place the envelope within the security 
123.15  envelope before placing it in the outer white envelope is not a 
123.16  reason to reject an absentee ballot. 
123.17     The return envelope from accepted ballots must be preserved 
123.18  and returned to the county auditor.  
123.19     If all or a majority of the election judges examining 
123.20  return envelopes find that an absent voter has failed to meet 
123.21  one of the requirements prescribed in clauses (1) to (4), they 
123.22  shall mark the return envelope "Rejected," initial or sign it 
123.23  below the word "Rejected," and return it to the county auditor.  
123.24     Sec. 27.  Minnesota Statutes 2004, section 203B.20, is 
123.25  amended to read: 
123.26     203B.20 [CHALLENGES.] 
123.27     Except as provided in this section, the eligibility or 
123.28  residence of a voter whose application for absentee ballots is 
123.29  recorded under section 203B.19 may be challenged in the manner 
123.30  set forth by section 201.195.  The county auditor or municipal 
123.31  clerk shall not be required to serve a copy of the petition and 
123.32  notice of hearing on the challenged voter.  If the absentee 
123.33  ballot application was submitted on behalf of a voter by an 
123.34  individual authorized under section 203B.17, subdivision 1, 
123.35  paragraph (a), the county auditor must attempt to notify the 
123.36  individual who submitted the application of the challenge.  The 
124.1   county auditor may contact other registered voters to request 
124.2   information that may resolve any discrepancies appearing in the 
124.3   application.  All reasonable doubt shall be resolved in favor of 
124.4   the validity of the application.  If the voter's challenge is 
124.5   affirmed, the county auditor shall provide the challenged voter 
124.6   with a copy of the petition and the decision and shall inform 
124.7   the voter of the right to appeal as provided in section 201.195. 
124.8      Sec. 28.  Minnesota Statutes 2004, section 203B.21, 
124.9   subdivision 1, is amended to read: 
124.10     Subdivision 1.  [FORM.] Absentee ballots under sections 
124.11  203B.16 to 203B.27 shall conform to the requirements of the 
124.12  Minnesota Election Law, except that modifications in the size or 
124.13  form of ballots or envelopes may be made if necessary to satisfy 
124.14  the requirements of the United States postal service.  The 
124.15  return envelope must be designed in one of the following ways: 
124.16     (1) it must be of sufficient size to contain an additional 
124.17  envelope that when sealed, conceals the signature, 
124.18  identification, and other information; or 
124.19     (2) it must provide an additional flap that when sealed, 
124.20  conceals the signature, identification, and other information. 
124.21  The flap or the additional envelope must be perforated to permit 
124.22  election officials to inspect the returned certificate for 
124.23  completeness or to ascertain other information at any time after 
124.24  receiving the returned ballot without opening the return 
124.25  envelope. 
124.26     Sec. 29.  Minnesota Statutes 2004, section 203B.21, 
124.27  subdivision 3, is amended to read: 
124.28     Subd. 3.  [BACK OF RETURN ENVELOPE.] On the back of the 
124.29  return envelope an affidavit form shall appear with space for:  
124.30     (a) The voter's address of present or former residence in 
124.31  Minnesota; 
124.32     (b) A statement indicating the category described in 
124.33  section 203B.16 to which the voter belongs; 
124.34     (c) A statement that the voter has not cast and will not 
124.35  cast another absentee ballot in the same election or elections; 
124.36     (d) A statement that the voter personally marked the 
125.1   ballots without showing them to anyone, or if physically unable 
125.2   to mark them, that the voter directed another individual to mark 
125.3   them; and 
125.4      (e) The voter's military identification card number, 
125.5   passport number, or, if the voter does not have a valid passport 
125.6   or identification card, the signature and certification of an 
125.7   individual authorized to administer oaths under federal law or 
125.8   the law of the place where the oath was administered or a 
125.9   commissioned or noncommissioned officer personnel of the 
125.10  military not below the rank of sergeant or its equivalent. 
125.11     The affidavit shall also contain a signed and dated oath in 
125.12  the form required by section 705 of the Help America Vote Act, 
125.13  Public Law 107-252, which must read: 
125.14     "I swear or affirm, under penalty of perjury, that: 
125.15     I am a member of the uniformed services or merchant marine 
125.16  on active duty or an eligible spouse or dependent of such a 
125.17  member; a United States citizen temporarily residing outside the 
125.18  United States; or other United States citizen residing outside 
125.19  the United States; and I am a United States citizen, at least 18 
125.20  years of age (or will be by the date of the election), and I am 
125.21  eligible to vote in the requested jurisdiction; I have not been 
125.22  convicted of a felony, or other disqualifying offense, or been 
125.23  adjudicated mentally incompetent, or, if so, my voting rights 
125.24  have been reinstated; and I am not registering, requesting a 
125.25  ballot, or voting in any other jurisdiction in the United States 
125.26  except the jurisdiction cited in this voting form.  In voting, I 
125.27  have marked and sealed my ballot in private and have not allowed 
125.28  any person to observe the marking of the ballot, except for 
125.29  those authorized to assist voters under state or federal law.  I 
125.30  have not been influenced. 
125.31     My signature and date below indicate when I completed this 
125.32  document. 
125.33     The information on this form is true, accurate, and 
125.34  complete to the best of my knowledge.  I understand that a 
125.35  material misstatement of fact in completion of this document may 
125.36  constitute grounds for a conviction for perjury." 
126.1      Sec. 30.  Minnesota Statutes 2004, section 203B.24, 
126.2   subdivision 1, is amended to read: 
126.3      Subdivision 1.  [CHECK OF VOTER ELIGIBILITY; PROPER 
126.4   EXECUTION OF AFFIDAVIT.] Upon receipt of an absentee ballot 
126.5   returned as provided in sections 203B.16 to 203B.27, the 
126.6   election judges shall compare the voter's name with the names 
126.7   appearing on their copy of the application records to insure 
126.8   that the ballot is from a voter eligible to cast an absentee 
126.9   ballot under sections 203B.16 to 203B.27.  Any discrepancy or 
126.10  disqualifying fact shall be noted on the envelope by the 
126.11  election judges.  The election judges shall mark the return 
126.12  envelope "Accepted" and initial or sign the return envelope 
126.13  below the word "Accepted" if the election judges are satisfied 
126.14  that: 
126.15     (1) the voter's name on the return envelope appears in 
126.16  substantially the same form as on the application records 
126.17  provided to the election judges by the county auditor; 
126.18     (2) the voter has signed the federal oath prescribed 
126.19  pursuant to section 705(b)(2) of the Help America Vote Act, 
126.20  Public Law 107-252; 
126.21     (3) the voter has set forth the voter's military 
126.22  identification number or passport number or, if those numbers do 
126.23  not appear, a person authorized to administer oaths under 
126.24  federal law or the law of the place where the oath was 
126.25  administered or a witness who is military personnel with a rank 
126.26  at or above the rank of sergeant or its equivalent has signed 
126.27  the ballot; and 
126.28     (4) the voter has not already voted at that election, 
126.29  either in person or by absentee ballot. 
126.30     An absentee ballot case pursuant to sections 203B.16 to 
126.31  203B.27 may only be rejected for the lack of one of clauses (1) 
126.32  to (4).  In particular, failure to place the envelope within the 
126.33  security envelope before placing it in the outer white envelope 
126.34  is not a reason to reject an absentee ballot. 
126.35     Election judges must note the reason for rejection on the 
126.36  back of the envelope in the space provided for that purpose. 
127.1      Failure to return unused ballots shall not invalidate a 
127.2   marked ballot, but a ballot shall not be counted if the 
127.3   affidavit on the return envelope is not properly executed.  In 
127.4   all other respects the provisions of the Minnesota Election Law 
127.5   governing deposit and counting of ballots shall apply.  
127.6      Sec. 31.  Minnesota Statutes 2004, section 204B.06, 
127.7   subdivision 1, is amended to read: 
127.8      Subdivision 1.  [FORM OF AFFIDAVIT.] (a) An affidavit of 
127.9   candidacy shall state the name of the office sought and, except 
127.10  as provided in subdivision 4, shall state that the candidate:  
127.11     (1) is an eligible voter; 
127.12     (2) has no other affidavit on file as a candidate for any 
127.13  office at the same primary or next ensuing general election, 
127.14  except that a candidate for soil and water conservation district 
127.15  supervisor in a district not located in whole or in part in 
127.16  Anoka, Hennepin, Ramsey, or Washington County, may also have on 
127.17  file an affidavit of candidacy for mayor or council member of a 
127.18  statutory or home rule charter city of not more than 2,500 
127.19  population contained in whole or in part in the soil and water 
127.20  conservation district or for town supervisor in a town of not 
127.21  more than 2,500 population contained in whole or in part in the 
127.22  soil and water conservation district; and 
127.23     (3) is, or will be on assuming the office, 21 years of age 
127.24  or more, and will have maintained residence in the district from 
127.25  which the candidate seeks election for 30 days before the 
127.26  general election. 
127.27     An affidavit of candidacy must include a statement that the 
127.28  candidate's name as written on the affidavit for ballot 
127.29  designation is the candidate's true name or the name by which 
127.30  the candidate is commonly and generally known in the community. 
127.31     An affidavit of candidacy for partisan office shall also 
127.32  state the name of the candidate's political party or political 
127.33  principle, stated in three words or less.  
127.34     (b) Candidates for president or vice-president of the 
127.35  United States are not required to file an affidavit of candidacy 
127.36  for office and this subdivision does not apply to those 
128.1   candidates. 
128.2      Sec. 32.  Minnesota Statutes 2004, section 204B.06, 
128.3   subdivision 4, is amended to read: 
128.4      Subd. 4.  [PARTICULAR FEDERAL OFFICES.] Candidates for 
128.5   president or vice-president of the United States are not 
128.6   required to file an affidavit of candidacy for office.  
128.7   Candidates who seek nomination for the following offices office 
128.8   of United States senator or representative shall state the 
128.9   following additional information on the affidavit:  
128.10     (a) (1) for United States senator, that the candidate will 
128.11  be an inhabitant of this state when elected and will be 30 years 
128.12  of age or older and a citizen of the United States for not less 
128.13  than nine years on the next January 3 or, in the case of an 
128.14  election to fill a vacancy, within 21 days after the special 
128.15  election; and 
128.16     (b) (2) for United States representative, that the 
128.17  candidate will be an inhabitant of this state when elected and 
128.18  will be 25 years of age or older and a citizen of the United 
128.19  States for not less than seven years on the next January 3 or, 
128.20  in the case of an election to fill a vacancy, within 21 days 
128.21  after the special election;. 
128.22     Subd. 4a.  [STATE AND LOCAL OFFICES.] Candidates who seek 
128.23  nomination for the following offices shall state the following 
128.24  additional information on the affidavit: 
128.25     (c) (1) for governor or lieutenant governor, that on the 
128.26  first Monday of the next January the candidate will be 25 years 
128.27  of age or older and, on the day of the state general election, a 
128.28  resident of Minnesota for not less than one year; 
128.29     (d) (2) for Supreme Court justice, Court of Appeals judge, 
128.30  or district court judge, that the candidate is learned in the 
128.31  law; 
128.32     (e) (3) for county, municipal, school district, or special 
128.33  district office, that the candidate meets any other 
128.34  qualifications for that office prescribed by law; 
128.35     (f) (4) for senator or representative in the legislature, 
128.36  that on the day of the general or special election to fill the 
129.1   office the candidate will have resided not less than one year in 
129.2   the state and not less than six months in the legislative 
129.3   district from which the candidate seeks election. 
129.4      Sec. 33.  Minnesota Statutes 2004, section 204B.10, 
129.5   subdivision 6, is amended to read: 
129.6      Subd. 6.  [INELIGIBLE VOTER.] Upon receipt of a certified 
129.7   copy of a final judgment or order of a court of competent 
129.8   jurisdiction that a person who has filed an affidavit of 
129.9   candidacy or who has been nominated by petition: 
129.10     (1) has been convicted of treason or a felony and the 
129.11  person's civil rights have not been restored; 
129.12     (2) is under guardianship of the person in which the court 
129.13  order revokes the ward's right to vote; or 
129.14     (3) has been found by a court of law to be legally 
129.15  incompetent; 
129.16  the filing officer shall notify the person by certified mail at 
129.17  the address shown on the affidavit or petition, and, for offices 
129.18  other than President of the United States, Vice President of the 
129.19  United States, United States Senator, and United States 
129.20  Representative in Congress, shall not certify the person's name 
129.21  to be placed on the ballot.  The actions of a filing officer 
129.22  under this subdivision are subject to judicial review under 
129.23  section 204B.44. 
129.24     Sec. 34.  Minnesota Statutes 2004, section 204B.14, 
129.25  subdivision 2, is amended to read: 
129.26     Subd. 2.  [SEPARATE PRECINCTS; COMBINED POLLING PLACE.] (a) 
129.27  The following shall constitute at least one election precinct:  
129.28     (1) each city ward; and 
129.29     (2) each town and each statutory city.  
129.30     (b) A single, accessible, combined polling place may be 
129.31  established no later than June 1 of any year: 
129.32     (1) for any city of the third or fourth class, any town, or 
129.33  any city having territory in more than one county, in which all 
129.34  the voters of the city or town shall cast their ballots; 
129.35     (2) for two contiguous precincts in the same municipality 
129.36  that have a combined total of fewer than 500 registered voters; 
130.1   or 
130.2      (3) for up to four contiguous municipalities located 
130.3   entirely outside the metropolitan area, as defined by section 
130.4   473.121, subdivision 2 200.02, subdivision 24, that are 
130.5   contained in the same county. 
130.6      A copy of the ordinance or resolution establishing a 
130.7   combined polling place must be filed with the county auditor 
130.8   within 30 days after approval by the governing body.  A polling 
130.9   place combined under clause (3) must be approved by the 
130.10  governing body of each participating municipality.  A 
130.11  municipality withdrawing from participation in a combined 
130.12  polling place must do so by filing a resolution of withdrawal 
130.13  with the county auditor no later than May 1 of any year. 
130.14     The secretary of state shall provide a separate polling 
130.15  place roster for each precinct served by the combined polling 
130.16  place.  A single set of election judges may be appointed to 
130.17  serve at a combined polling place.  The number of election 
130.18  judges required must be based on the total number of persons 
130.19  voting at the last similar election in all precincts to be 
130.20  voting at the combined polling place.  Separate ballot boxes 
130.21  must be provided for the ballots from each precinct.  The 
130.22  results of the election must be reported separately for each 
130.23  precinct served by the combined polling place, except in a 
130.24  polling place established under clause (2) where one of the 
130.25  precincts has fewer than ten registered voters, in which case 
130.26  the results of that precinct must be reported in the manner 
130.27  specified by the secretary of state.  
130.28     Sec. 35.  Minnesota Statutes 2004, section 204B.16, 
130.29  subdivision 1, is amended to read: 
130.30     Subdivision 1.  [AUTHORITY; LOCATION.] The governing body 
130.31  of each municipality and of each county with precincts in 
130.32  unorganized territory shall designate by ordinance or resolution 
130.33  a polling place for each election precinct.  Polling places must 
130.34  be designated and ballots must be distributed so that no one is 
130.35  required to go to more than one polling place to vote in a 
130.36  school district and municipal election held on the same day.  
131.1   The polling place for a precinct in a city or in a school 
131.2   district located in whole or in part in the metropolitan area 
131.3   defined by section 473.121 200.02, subdivision 24, shall be 
131.4   located within the boundaries of the precinct or within 3,000 
131.5   feet of one of those boundaries unless a single polling place is 
131.6   designated for a city pursuant to section 204B.14, subdivision 
131.7   2, or a school district pursuant to section 205A.11.  The 
131.8   polling place for a precinct in unorganized territory may be 
131.9   located outside the precinct at a place which is convenient to 
131.10  the voters of the precinct.  If no suitable place is available 
131.11  within a town or within a school district located outside the 
131.12  metropolitan area defined by section 473.121 200.02, subdivision 
131.13  24, then the polling place for a town or school district may be 
131.14  located outside the town or school district within five miles of 
131.15  one of the boundaries of the town or school district. 
131.16     Sec. 36.  Minnesota Statutes 2004, section 204B.16, 
131.17  subdivision 5, is amended to read: 
131.18     Subd. 5.  [ACCESS BY ELDERLY AND HANDICAPPED PERSONS WITH 
131.19  DISABILITIES.] Each polling place shall be accessible to and 
131.20  usable by elderly individuals and physically handicapped 
131.21  individuals with disabilities.  A polling place is deemed to be 
131.22  accessible and usable if it complies with the standards in 
131.23  paragraphs (a) to (f).  
131.24     (a) At least one set of doors must have a minimum width of 
131.25  31 32 inches if the doors must be used to enter or leave the 
131.26  polling place.  
131.27     (b) Any curb adjacent to the main entrance to a polling 
131.28  place must have curb cuts or temporary ramps.  Where the main 
131.29  entrance is not the accessible entrance, any curb adjacent to 
131.30  the accessible entrance must also have curb cuts or temporary 
131.31  ramps.  
131.32     (c) Where the main entrance is not the accessible entrance, 
131.33  a sign shall be posted at the main entrance giving directions to 
131.34  the accessible entrance.  
131.35     (d) At least one set of stairs must have a temporary 
131.36  handrail and ramp if stairs must be used to enter or leave the 
132.1   polling place.  
132.2      (e) No barrier in the polling place may impede the path of 
132.3   the physically handicapped persons with disabilities to the 
132.4   voting booth.  
132.5      (f) At least one handicapped parking space for persons with 
132.6   disabilities, which may be temporarily so designated by the 
132.7   municipality for the day of the election, must be available near 
132.8   the accessible entrance.  
132.9      The doorway, handrails, ramps, and handicapped parking 
132.10  provided pursuant to this subdivision must conform to the 
132.11  standards specified in the State Building Code for accessibility 
132.12  by handicapped persons with disabilities.  
132.13     A governing body shall designate as polling places only 
132.14  those places which meet the standards prescribed in this 
132.15  subdivision unless no available place within a precinct is 
132.16  accessible or can be made accessible. 
132.17     Sec. 37.  Minnesota Statutes 2004, section 204B.18, 
132.18  subdivision 1, is amended to read: 
132.19     Subdivision 1.  [BOOTHS; VOTING STATIONS.] Each polling 
132.20  place must contain a number of voting booths or voting stations 
132.21  in proportion to the number of individuals eligible to vote in 
132.22  the precinct.  Each booth or station must be at least six feet 
132.23  high, three feet deep and two feet wide with a shelf at least 
132.24  two feet long and one foot wide placed at a convenient height 
132.25  for writing.  The booth or station shall be provided with a door 
132.26  or curtains permit the voter to vote privately and independently.
132.27  Each accessible polling place must have at least one accessible 
132.28  voting booth or other accessible voting station and beginning 
132.29  with federal and state elections held after December 31, 2005, 
132.30  and county, municipal, and school district elections held after 
132.31  December 31, 2007, one voting system that conforms to section 
132.32  301(a)(3)(B) of the Help America Vote Act, Public Law 107-252.  
132.33  All booths or stations must be constructed so that a voter is 
132.34  free from observation while marking ballots.  In all other 
132.35  polling places every effort must be made to provide at least one 
132.36  accessible voting booth or other accessible voting station.  
133.1   During the hours of voting, the booths or stations must have 
133.2   instructions, a pencil, and other supplies needed to mark the 
133.3   ballots.  If needed, A chair must be provided for elderly and 
133.4   handicapped voters and voters with disabilities to use while 
133.5   voting or waiting to vote.  Stable flat writing surfaces must 
133.6   also be made available to voters who are completing 
133.7   election-related forms.  All ballot boxes, voting booths, voting 
133.8   stations, and election judges must be in open public view in the 
133.9   polling place. 
133.10     Sec. 38.  Minnesota Statutes 2004, section 204B.24, is 
133.11  amended to read: 
133.12     204B.24 [ELECTION JUDGES; OATH.] 
133.13     Each election judge shall sign the following oath before 
133.14  assuming the duties of the office:  
133.15     "I .......... solemnly swear that I will perform the duties 
133.16  of election judge according to law and the best of my ability 
133.17  and will diligently endeavor to prevent fraud, deceit and abuse 
133.18  in conducting this election.  I will perform my duties in a fair 
133.19  and impartial manner and not attempt to create an advantage for 
133.20  my party or for any candidate." 
133.21     The oath shall be attached to the summary statement of the 
133.22  election returns of that precinct.  If there is no individual 
133.23  present who is authorized to administer oaths, the election 
133.24  judges may administer the oath to each other. 
133.25     Sec. 39.  Minnesota Statutes 2004, section 204B.27, 
133.26  subdivision 1, is amended to read: 
133.27     Subdivision 1.  [BLANK FORMS.] At least 25 14 days before 
133.28  every state election the secretary of state shall transmit to 
133.29  each county auditor a sufficient number of blank county abstract 
133.30  forms and other examples of any blank forms to be used as the 
133.31  secretary of state deems necessary for the conduct of the 
133.32  election.  County abstract forms may be provided to auditors 
133.33  electronically via the Minnesota State Election Reporting System 
133.34  maintained by the secretary of state, and must be available at 
133.35  least one week prior to the election.  
133.36     Sec. 40.  Minnesota Statutes 2004, section 204C.05, 
134.1   subdivision 1a, is amended to read: 
134.2      Subd. 1a.  [ELECTIONS; ORGANIZED TOWN.] The governing body 
134.3   of a town with less than 500 inhabitants according to the most 
134.4   recent federal decennial census, which is located outside the 
134.5   metropolitan area as defined in section 473.121 200.02, 
134.6   subdivision 2 24, may fix a later time for voting to begin at 
134.7   state primary, special, or general elections, if approved by a 
134.8   vote of the town electors at the annual town meeting.  The 
134.9   question of shorter voting hours must be included in the notice 
134.10  of the annual town meeting before the question may be submitted 
134.11  to the electors at the meeting.  The later time may not be later 
134.12  than 10:00 a.m. for special, primary, or general elections.  The 
134.13  town clerk shall either post or publish notice of the changed 
134.14  hours and notify the county auditor of the change 30 days before 
134.15  the election. 
134.16     Sec. 41.  Minnesota Statutes 2004, section 204C.06, 
134.17  subdivision 2, is amended to read: 
134.18     Subd. 2.  [INDIVIDUALS ALLOWED IN POLLING PLACE; 
134.19  IDENTIFICATION.] (a) Representatives of the secretary of state's 
134.20  office, the county auditor's office, and the municipal or school 
134.21  district clerk's office may be present at the polling place to 
134.22  observe election procedures.  Except for these representatives, 
134.23  election judges, sergeants-at-arms, and challengers, an 
134.24  individual may remain inside the polling place during voting 
134.25  hours only while voting or registering to vote, providing proof 
134.26  of residence for an individual who is registering to vote, or 
134.27  assisting a handicapped voter or a voter who is unable to read 
134.28  English.  During voting hours no one except individuals 
134.29  receiving, marking, or depositing ballots shall approach within 
134.30  six feet of a voting booth, unless lawfully authorized to do so 
134.31  by an election judge.  
134.32     (b) Teachers and elementary or secondary school students 
134.33  participating in an educational activity authorized by section 
134.34  204B.27, subdivision 7, may be present at the polling place 
134.35  during voting hours. 
134.36     (c) Each official on duty in the polling place must wear an 
135.1   identification badge that shows their role in the election 
135.2   process.  The badge must not show their party affiliation. 
135.3      Sec. 42.  Minnesota Statutes 2004, section 204C.07, is 
135.4   amended by adding a subdivision to read: 
135.5      Subd. 3a.  [RESIDENCE REQUIREMENT.] A challenger must be a 
135.6   resident of this state. 
135.7      Sec. 43.  Minnesota Statutes 2004, section 204C.07, 
135.8   subdivision 4, is amended to read: 
135.9      Subd. 4.  [RESTRICTIONS ON CONDUCT.] An election judge may 
135.10  not be appointed as a challenger.  The election judges shall 
135.11  permit challengers appointed pursuant to this section to be 
135.12  present in the polling place during the hours of voting and to 
135.13  remain there until the votes are counted and the results 
135.14  declared.  No challenger shall handle or inspect registration 
135.15  cards, files, or lists.  Challengers shall not prepare in any 
135.16  manner any list of individuals who have or have not voted.  They 
135.17  shall not attempt to influence voting in any manner.  They shall 
135.18  not converse with a voter except to determine, in the presence 
135.19  of an election judge, whether the voter is eligible to vote in 
135.20  the precinct.  
135.21     Sec. 44.  Minnesota Statutes 2004, section 204C.08, 
135.22  subdivision 1a, is amended to read: 
135.23     Subd. 1a.  [VOTER'S BILL OF RIGHTS.] The county auditor 
135.24  shall prepare and provide to each polling place sufficient 
135.25  copies of a poster setting forth the Voter's Bill of Rights as 
135.26  set forth in this section.  Before the hours of voting are 
135.27  scheduled to begin, the election judges shall post it in a 
135.28  conspicuous location or locations in the polling place.  The 
135.29  Voter's Bill of Rights is as follows: 
135.30                      "VOTER'S BILL OF RIGHTS
135.31     For all persons residing in this state who meet federal 
135.32  voting eligibility requirements: 
135.33     (1) You have the right to be absent from work for the 
135.34  purpose of voting during the morning of election day.  
135.35     (2) If you are in line at your polling place any time 
135.36  between 7:00 a.m. and 8:00 p.m., you have the right to vote.  
136.1      (3) If you can provide the required proof of residence, you 
136.2   have the right to register to vote and to vote on election day.  
136.3      (4) If you are unable to sign your name, you have the right 
136.4   to orally confirm your identity with an election judge and to 
136.5   direct another person to sign your name for you. 
136.6      (5) You have the right to request special assistance when 
136.7   voting.  
136.8      (6) If you need assistance, you may be accompanied into the 
136.9   voting booth by a person of your choice, except by an agent of 
136.10  your employer or union or a candidate.  
136.11     (7) You have the right to bring your minor children into 
136.12  the polling place and into the voting booth with you.  
136.13     (8) If you have been convicted of a felony but your civil 
136.14  rights have been restored your felony sentence has expired (been 
136.15  completed) or you have been discharged from your sentence, you 
136.16  have the right to vote.  
136.17     (9) If you are under a guardianship, you have the right to 
136.18  vote, unless the court order revokes your right to vote. 
136.19     (10) You have the right to vote without anyone in the 
136.20  polling place trying to influence your vote.  
136.21     (10) (11) If you make a mistake or spoil your ballot before 
136.22  it is submitted, you have the right to receive a replacement 
136.23  ballot and vote.  
136.24     (11) (12) You have the right to file a written complaint at 
136.25  your polling place if you are dissatisfied with the way an 
136.26  election is being run.  
136.27     (12) (13) You have the right to take a sample ballot into 
136.28  the voting booth with you.  
136.29     (13) (14) You have the right to take a copy of this Voter's 
136.30  Bill of Rights into the voting booth with you." 
136.31     Sec. 45.  Minnesota Statutes 2004, section 204C.10, is 
136.32  amended to read: 
136.33     204C.10 [PERMANENT REGISTRATION; VERIFICATION OF 
136.34  REGISTRATION.] 
136.35     (a) An individual seeking to vote shall sign a polling 
136.36  place roster which states that the individual is at least 18 
137.1   years of age, a citizen of the United States, has resided in 
137.2   Minnesota for 20 days immediately preceding the election, 
137.3   maintains residence at the address shown, is not under a 
137.4   guardianship in which the individual has not retained court 
137.5   order revokes the individual's right to vote, has not been found 
137.6   by a court of law to be legally incompetent to vote or convicted 
137.7   of a felony without having civil rights restored, is registered 
137.8   and has not already voted in the election.  The roster must also 
137.9   state:  "I understand that deliberately providing false 
137.10  information is a felony punishable by not more than five years 
137.11  imprisonment and a fine of not more than $10,000, or both."  
137.12     (b) A judge may, before the applicant signs the roster, 
137.13  confirm the applicant's name, address, and date of birth.  
137.14     (c) After the applicant signs the roster, the judge shall 
137.15  give the applicant a voter's receipt.  The voter shall deliver 
137.16  the voter's receipt to the judge in charge of ballots as proof 
137.17  of the voter's right to vote, and thereupon the judge shall hand 
137.18  to the voter the ballot.  The voters' receipts must be 
137.19  maintained during the time for notice of filing an election 
137.20  contest. 
137.21     Sec. 46.  Minnesota Statutes 2004, section 204C.12, 
137.22  subdivision 2, is amended to read: 
137.23     Subd. 2.  [STATEMENT OF GROUNDS; OATH.] The challenger 
137.24  shall state the ground for the challenge, and A challenger must 
137.25  be a resident of this state.  The secretary of state shall 
137.26  prepare a form that challengers must complete and sign when 
137.27  making a challenge.  The form must include space to state the 
137.28  ground for the challenge, a statement that the challenge is 
137.29  based on the challenger's personal knowledge, and a statement 
137.30  that the challenge is made under oath.  The form must include a 
137.31  space for the challenger's printed name, signature, telephone 
137.32  number, and address. 
137.33     An election judge shall administer to the challenged 
137.34  individual the following oath: 
137.35     "Do you solemnly swear that you will fully and truly answer 
137.36  all questions put to you concerning your eligibility to vote at 
138.1   this election?"  
138.2      The election judge shall then ask the challenged individual 
138.3   sufficient questions to test that individual's residence and 
138.4   right to vote. 
138.5      Sec. 47.  Minnesota Statutes 2004, section 204C.24, 
138.6   subdivision 1, is amended to read: 
138.7      Subdivision 1.  [INFORMATION REQUIREMENTS.] Precinct 
138.8   summary statements shall be submitted by the election judges in 
138.9   every precinct.  For state all elections, the election judges 
138.10  shall complete three or more copies of the summary statements, 
138.11  and each copy shall contain the following information for each 
138.12  kind of ballot:  
138.13     (a) the number of votes each candidate received or the 
138.14  number of yes and no votes on each question, the number of 
138.15  undervotes or partially blank ballots, and the number of 
138.16  overvotes or partially defective ballots with respect to each 
138.17  office or question; 
138.18     (b) the number of totally blank ballots, the number of 
138.19  totally defective ballots, the number of spoiled ballots, and 
138.20  the number of unused ballots; 
138.21     (c) the number of individuals who voted at the election in 
138.22  the precinct; 
138.23     (d) the number of voters registering on election day in 
138.24  that precinct; and 
138.25     (e) the signatures of the election judges who counted the 
138.26  ballots certifying that all of the ballots cast were properly 
138.27  piled, checked, and counted; and that the numbers entered by the 
138.28  election judges on the summary statements correctly show the 
138.29  number of votes cast for each candidate and for and against each 
138.30  question. 
138.31     At least two copies of the summary statement must be 
138.32  prepared for elections not held on the same day as the state 
138.33  elections. 
138.34     Sec. 48.  Minnesota Statutes 2004, section 204C.28, 
138.35  subdivision 1, is amended to read: 
138.36     Subdivision 1.  [COUNTY AUDITOR.] Every county auditor 
139.1   shall remain at the auditor's office to receive delivery of the 
139.2   returns, to permit public inspection of the summary statements, 
139.3   and to tabulate the votes until all have been tabulated and the 
139.4   results made known, or until 24 hours have elapsed since the end 
139.5   of the hours for voting, whichever occurs first.  Every county 
139.6   auditor shall, in the presence of the municipal clerk or the 
139.7   election judges who deliver the returns, make a record of all 
139.8   materials delivered, the time of delivery, and the names of the 
139.9   municipal clerk or election judges who made delivery.  The 
139.10  county auditor shall file the record and all envelopes 
139.11  containing ballots in a safe and secure place with envelope 
139.12  seals unbroken.  Access to the record and ballots shall be 
139.13  strictly controlled.  Accountability and a record of access 
139.14  shall be maintained by the county auditor during the period for 
139.15  contesting elections or, if a contest is filed, until the 
139.16  contest has been finally determined.  Thereafter, the record 
139.17  shall be retained in the auditor's office for the same period as 
139.18  the ballots as provided in section 204B.40. 
139.19     The county auditor shall file all envelopes containing 
139.20  ballots in a safe place with seals unbroken.  If the envelopes 
139.21  were previously opened by proper authority for examination or 
139.22  recount, the county auditor shall have the envelopes sealed 
139.23  again and signed by the individuals who made the inspection or 
139.24  recount.  The envelopes may be opened by the county canvassing 
139.25  board if necessary to procure election returns that the election 
139.26  judges inadvertently may have sealed in the envelopes with the 
139.27  ballots.  In that case, the envelopes shall be sealed again and 
139.28  signed in the same manner as otherwise provided in this 
139.29  subdivision.  
139.30     Sec. 49.  Minnesota Statutes 2004, section 204C.50, 
139.31  subdivision 1, is amended to read: 
139.32     Subdivision 1.  [SELECTION FOR REVIEW; NOTICE.] (a) 
139.33  Postelection review under this section must be conducted only on 
139.34  the election for president, senator or representative in 
139.35  Congress, constitutional offices, and legislative offices. 
139.36     (b) The Office of the Secretary of State shall, within 
140.1   three days after each state general election beginning in 2006, 
140.2   randomly select 80 precincts for postelection review as defined 
140.3   in this section.  The precincts must be selected so that an 
140.4   equal number of precincts are selected in each congressional 
140.5   district of the state.  Of the precincts in each congressional 
140.6   district, at least five must have had more than 500 votes cast, 
140.7   and at least two must have had fewer than 500 votes cast.  The 
140.8   secretary of state must promptly provide notices of which 
140.9   precincts are chosen to the election administration officials 
140.10  who are responsible for the conduct of elections in those 
140.11  precincts. 
140.12     (b) (c) One week before the state general election 
140.13  beginning in 2006, the secretary of state must post on the 
140.14  office Web site the date, time, and location at which precincts 
140.15  will be randomly chosen for review under this section.  The 
140.16  chair of each major political party may appoint a designee to 
140.17  observe the random selection process. 
140.18     Sec. 50.  Minnesota Statutes 2004, section 204C.50, 
140.19  subdivision 2, is amended to read: 
140.20     Subd. 2.  [SCOPE AND CONDUCT OF REVIEW.] Each review is 
140.21  limited to federal and state offices and must consist of at 
140.22  least the following: 
140.23     (a) The election officials immediately responsible for a 
140.24  precinct chosen for review must conduct the following review and 
140.25  submit the results in writing to the State Canvassing Board 
140.26  before it meets to canvass the election: 
140.27     (1) a hand tally of the paper ballots or electronic ballot 
140.28  marker record, of whatever kind used in that precinct, for each 
140.29  contested election; 
140.30     (2) a recount using the actual machine and software used on 
140.31  election day, if a precinct-count or central-count automated 
140.32  voting system was used; and 
140.33     (3) a comparison of the hand tally with the reported 
140.34  results for the precinct in the county canvassing board report, 
140.35  as well as the actual tape of any automated tabulation produced 
140.36  by any precinct-count or central-count optical scan equipment 
141.1   that may have been used to tabulate votes cast in that precinct. 
141.2      (b) The staff of the Office of the Secretary of State shall 
141.3   conduct or directly supervise a review of the procedures used by 
141.4   the election officials at all levels for a precinct chosen for 
141.5   review, including an inspection of the materials retained for 
141.6   the official 22-month retention period, such as the rosters, the 
141.7   incident log, and the ballots themselves.  The staff must submit 
141.8   a written report to the secretary of state before the next 
141.9   regularly scheduled meeting of the State Canvassing Board. 
141.10     Sec. 51.  Minnesota Statutes 2004, section 204D.03, is 
141.11  amended by adding a subdivision to read: 
141.12     Subd. 3.  [EXCEPTION; CERTAIN PARTISAN CANDIDATES.] (a) If 
141.13  no more than one candidate files for nomination by a major 
141.14  political party for a partisan office, the candidate who filed 
141.15  must be declared the nominee upon the close of filing.  If every 
141.16  candidate for a partisan office has been declared the nominee 
141.17  upon the close of filing, the office must be omitted from the 
141.18  state primary ballot.  If all offices, both partisan and 
141.19  nonpartisan, have been omitted from the state primary ballot in 
141.20  a municipality or county, the governing body of the municipality 
141.21  or county may decide that the state primary will not be 
141.22  conducted in that municipality or county.  
141.23     (b) Within 15 days after the close of filing, each 
141.24  municipal clerk or county auditor whose governing body has 
141.25  decided not to conduct the state primary shall post notice that 
141.26  the offices have been so omitted and the state primary canceled 
141.27  and shall send a copy of the notice to the secretary of state. 
141.28     Sec. 52.  Minnesota Statutes 2004, section 204D.14, 
141.29  subdivision 3, is amended to read: 
141.30     Subd. 3.  [UNCONTESTED JUDICIAL OFFICES.] Judicial 
141.31  offices for a specific court for which there is only one 
141.32  candidate filed must appear after all other judicial offices for 
141.33  that same court on the canary ballot. 
141.34     Sec. 53.  Minnesota Statutes 2004, section 204D.27, 
141.35  subdivision 5, is amended to read: 
141.36     Subd. 5.  [CANVASS; SPECIAL PRIMARY; STATE CANVASSING 
142.1   BOARD.] Not later than four days after the returns of the county 
142.2   canvassing boards are certified to the secretary of state, the 
142.3   State Canvassing Board shall complete its canvass of the special 
142.4   primary.  The secretary of state shall then promptly certify to 
142.5   the county auditors the names of the nominated individuals, 
142.6   prepare notices of nomination, and notify each nominee of the 
142.7   nomination.  
142.8      Sec. 54.  Minnesota Statutes 2004, section 205.175, 
142.9   subdivision 2, is amended to read: 
142.10     Subd. 2.  [METROPOLITAN AREA MUNICIPALITIES.] The governing 
142.11  body of a municipality which is located within a metropolitan 
142.12  county as defined by section 473.121 included in the definition 
142.13  of metropolitan area in section 200.02, subdivision 24, may 
142.14  designate the time during which the polling places will remain 
142.15  open for voting at the next succeeding and all subsequent 
142.16  municipal elections, provided that the polling places shall open 
142.17  no later than 10:00 a.m. and shall close no earlier than 8:00 
142.18  p.m.  The resolution shall remain in force until it is revoked 
142.19  by the municipal governing body. 
142.20     Sec. 55.  Minnesota Statutes 2004, section 205A.09, 
142.21  subdivision 1, is amended to read: 
142.22     Subdivision 1.  [METROPOLITAN AREA SCHOOL DISTRICTS.] At a 
142.23  school district election in a school district located in whole 
142.24  or in part within a metropolitan county as defined by section 
142.25  473.121 included in the definition of metropolitan area in 
142.26  section 200.02, subdivision 24, the school board, by resolution 
142.27  adopted before giving notice of the election, may designate the 
142.28  time during which the polling places will remain open for voting 
142.29  at the next succeeding and all later school district elections.  
142.30  The polling places must open no later than 10:00 a.m. and close 
142.31  no earlier than 8:00 p.m.  The resolution shall remain in force 
142.32  until it is revoked by the school board. 
142.33     Sec. 56.  Minnesota Statutes 2004, section 206.57, 
142.34  subdivision 5, is amended to read: 
142.35     Subd. 5.  [VOTING SYSTEM FOR DISABLED VOTERS.] In federal 
142.36  and state elections held after December 31, 2005, and in county, 
143.1   municipal, and school district elections held after December 31, 
143.2   2007, the voting method used in each polling place must include 
143.3   a voting system that is accessible for individuals with 
143.4   disabilities, including nonvisual accessibility for the blind 
143.5   and visually impaired in a manner that provides the same 
143.6   opportunity for access and participation, including privacy and 
143.7   independence, as for other voters. 
143.8      Sec. 57.  Minnesota Statutes 2004, section 208.03, is 
143.9   amended to read: 
143.10     208.03 [NOMINATION OF PRESIDENTIAL ELECTORS.] 
143.11     Presidential electors for the major political parties of 
143.12  this state shall be nominated by delegate conventions called and 
143.13  held under the supervision of the respective state central 
143.14  committees of the parties of this state.  On or before primary 
143.15  election day the chair of the major political party shall 
143.16  certify to the secretary of state the names of the persons 
143.17  nominated as presidential electors, the names of eight alternate 
143.18  presidential electors, and the names of the party candidates for 
143.19  president and vice-president. 
143.20     Sec. 58.  Minnesota Statutes 2004, section 208.04, 
143.21  subdivision 1, is amended to read: 
143.22     Subdivision 1.  [FORM OF PRESIDENTIAL BALLOTS.] When 
143.23  presidential electors and alternates are to be voted for, a vote 
143.24  cast for the party candidates for president and vice-president 
143.25  shall be deemed a vote for that party's electors and alternates 
143.26  as filed with the secretary of state.  The secretary of state 
143.27  shall certify the names of all duly nominated presidential and 
143.28  vice-presidential candidates to the county auditors of the 
143.29  counties of the state.  Each county auditor, subject to the 
143.30  rules of the secretary of state, shall cause the names of the 
143.31  candidates of each major political party and the candidates 
143.32  nominated by petition to be printed in capital letters, set in 
143.33  type of the same size and style as for candidates on the state 
143.34  white ballot, before the party designation.  To the left of, and 
143.35  on the same line with the names of the candidates for president 
143.36  and vice-president, near the margin, shall be placed a square or 
144.1   box, in which the voters may indicate their choice by marking an 
144.2   "X."  
144.3      The form for the presidential ballot and the relative 
144.4   position of the several candidates shall be determined by the 
144.5   rules applicable to other state officers.  The state ballot, 
144.6   with the required heading, shall be printed on the same piece of 
144.7   paper and shall be below the presidential ballot with a blank 
144.8   space between one inch in width. 
144.9      Sec. 59.  Minnesota Statutes 2004, section 208.05, is 
144.10  amended to read: 
144.11     208.05 [STATE CANVASSING BOARD.] 
144.12     The State Canvassing Board at its meeting on the second 
144.13  Tuesday after each state general election shall open and canvass 
144.14  the returns made to the secretary of state for presidential 
144.15  electors and alternates, prepare a statement of the number of 
144.16  votes cast for the persons receiving votes for these offices, 
144.17  and declare the person or persons receiving the highest number 
144.18  of votes for each office duly elected.  When it appears that 
144.19  more than the number of persons to be elected as presidential 
144.20  electors or alternates have the highest and an equal number of 
144.21  votes, the secretary of state, in the presence of the board 
144.22  shall decide by lot which of the persons shall be declared 
144.23  elected.  The governor shall transmit to each person declared 
144.24  elected a certificate of election, signed by the governor, 
144.25  sealed with the state seal, and countersigned by the secretary 
144.26  of state.  
144.27     Sec. 60.  Minnesota Statutes 2004, section 208.06, is 
144.28  amended to read: 
144.29     208.06 [ELECTORS TO MEET AT CAPITOL; FILLING OF VACANCIES.] 
144.30     The presidential electors and alternate presidential 
144.31  electors, before 12:00 M. on the day before that fixed by 
144.32  Congress for the electors to vote for president and 
144.33  vice-president of the United States, shall notify the governor 
144.34  that they are at the State Capitol and ready at the proper time 
144.35  to fulfill their duties as electors.  The governor shall deliver 
144.36  to the electors present a certificate of the names of all the 
145.1   electors.  If any elector named therein fails to appear before 
145.2   9:00 a.m. on the day, and at the place, fixed for voting for 
145.3   president and vice-president of the United States, an alternate, 
145.4   chosen from among the alternates by lot, shall be appointed to 
145.5   act for that elector.  If more than eight alternates are 
145.6   necessary, the electors present shall, in the presence of the 
145.7   governor, immediately elect by ballot a person to fill the 
145.8   vacancy.  If more than the number of persons required have the 
145.9   highest and an equal number of votes, the governor, in the 
145.10  presence of the electors attending, shall decide by lot which of 
145.11  those persons shall be elected. 
145.12     Sec. 61.  Minnesota Statutes 2004, section 208.07, is 
145.13  amended to read: 
145.14     208.07 [CERTIFICATE OF ELECTORS.] 
145.15     Immediately after the vacancies have been filled, the 
145.16  original electors and alternates present shall certify to the 
145.17  governor the names of the persons elected to complete their 
145.18  number, and the governor shall at once cause written notice to 
145.19  be given to each person elected to fill a vacancy.  The persons 
145.20  so chosen shall be presidential electors and shall meet and act 
145.21  with the other electors. 
145.22     Sec. 62.  Minnesota Statutes 2004, section 208.08, is 
145.23  amended to read: 
145.24     208.08 [ELECTORS TO MEET AT STATE CAPITOL.] 
145.25     The original, alternate, and substituted presidential 
145.26  electors, at 12:00 M., shall meet in the executive chamber at 
145.27  the State Capitol and shall perform all the duties imposed upon 
145.28  them as electors by the Constitution and laws of the United 
145.29  States and this state.  
145.30     Each elector, as a condition of having been chosen under 
145.31  the name of the party of a presidential and a vice-presidential 
145.32  candidate, is obligated to vote for those candidates.  The 
145.33  elector shall speak aloud or affirm in a nonverbal manner the 
145.34  name of the candidate for president and for vice-president for 
145.35  whom the elector is voting and then confirm that vote by written 
145.36  public ballot. 
146.1      If an elector fails to cast a ballot for the presidential 
146.2   or vice-presidential candidate of the party under whose name the 
146.3   elector was chosen, the elector's vote or abstention is 
146.4   invalidated and an alternate presidential elector, chosen by lot 
146.5   from among the alternates, shall cast a ballot in the name of 
146.6   the elector for the presidential and vice-presidential candidate 
146.7   of the party under whose name the elector was chosen.  The 
146.8   invalidation of an elector's vote or abstention on the ballot 
146.9   for president or vice-president does not apply if the 
146.10  presidential candidate under whose party's name the elector was 
146.11  chosen has without condition released the elector or has died or 
146.12  become mentally disabled. 
146.13     Sec. 63.  Minnesota Statutes 2004, section 211B.13, 
146.14  subdivision 1, is amended to read: 
146.15     Subdivision 1.  [BRIBERY, ADVANCING MONEY, AND TREATING 
146.16  PROHIBITED.] A person who willfully, directly or indirectly, 
146.17  advances, pays, gives, promises, or lends any money, food, 
146.18  liquor, clothing, entertainment, or other thing of monetary 
146.19  value, or who offers, promises, or endeavors to obtain any 
146.20  money, position, appointment, employment, or other valuable 
146.21  consideration, to or for a person, in order to induce a voter to 
146.22  refrain from voting, or to vote in a particular way, at an 
146.23  election, is guilty of a felony.  This section does not prevent 
146.24  a candidate from stating publicly preference for or support of 
146.25  another candidate to be voted for at the same primary or 
146.26  election.  Refreshments of food or nonalcoholic beverages of 
146.27  nominal having a value up to $5 consumed on the premises at a 
146.28  private gathering or public meeting are not prohibited under 
146.29  this section.  
146.30     Sec. 64.  Minnesota Statutes 2004, section 383B.151, is 
146.31  amended to read: 
146.32     383B.151 [FINANCIAL INTEREST FORBIDDEN.] 
146.33     No official, person authorized to make purchases, or county 
146.34  employee shall be financially interested, either directly or 
146.35  indirectly, in any contract or purchase order for any goods, 
146.36  materials, supplies, equipment or contracted service furnished 
147.1   to or used by any department, board, commission or agency of the 
147.2   county government.  No public official, person authorized to 
147.3   make purchases, or county employee may accept or receive, 
147.4   directly or indirectly from any person, firm or corporation to 
147.5   which any contract or purchase order may be awarded any money or 
147.6   anything of value whatsoever or any promise, obligation or 
147.7   contract for future reward or compensation, except as authorized 
147.8   under section 10A.071, subdivision 3, or 471.895, subdivision 
147.9   3.  Any violation of the provisions of this section shall be a 
147.10  gross misdemeanor. 
147.11     Sec. 65.  Minnesota Statutes 2004, section 447.32, 
147.12  subdivision 4, is amended to read: 
147.13     Subd. 4.  [CANDIDATES; BALLOTS; CERTIFYING ELECTION.] A 
147.14  person who wants to be a candidate for the hospital board shall 
147.15  file an affidavit of candidacy for the election either as member 
147.16  at large or as a member representing the city or town where the 
147.17  candidate resides.  The affidavit of candidacy must be filed 
147.18  with the city or town clerk not more than ten weeks 70 days nor 
147.19  less than eight weeks 56 days before the first Tuesday after the 
147.20  second first Monday in September November of the year in which 
147.21  the general election is held.  The city or town clerk must 
147.22  forward the affidavits of candidacy to the clerk of the hospital 
147.23  district or, for the first election, the clerk of the most 
147.24  populous city or town immediately after the last day of the 
147.25  filing period.  A candidate may withdraw from the election by 
147.26  filing an affidavit of withdrawal with the clerk of the district 
147.27  no later than 5:00 p.m. two days after the last day to file 
147.28  affidavits of candidacy. 
147.29     Voting must be by secret ballot.  The clerk shall prepare, 
147.30  at the expense of the district, necessary ballots for the 
147.31  election of officers.  Ballots must be printed on tan paper and 
147.32  prepared as provided in the rules of the secretary of state.  
147.33  The ballots must be marked and initialed by at least two judges 
147.34  as official ballots and used exclusively at the election.  Any 
147.35  proposition to be voted on may be printed on the ballot provided 
147.36  for the election of officers.  The hospital board may also 
148.1   authorize the use of voting systems subject to chapter 206.  
148.2   Enough election judges may be appointed to receive the votes at 
148.3   each polling place.  The election judges shall act as clerks of 
148.4   election, count the ballots cast, and submit them to the board 
148.5   for canvass.  
148.6      After canvassing the election, the board shall issue a 
148.7   certificate of election to the candidate who received the 
148.8   largest number of votes cast for each office.  The clerk shall 
148.9   deliver the certificate to the person entitled to it in person 
148.10  or by certified mail.  Each person certified shall file an 
148.11  acceptance and oath of office in writing with the clerk within 
148.12  30 days after the date of delivery or mailing of the 
148.13  certificate.  The board may fill any office as provided in 
148.14  subdivision 1 if the person elected fails to qualify within 30 
148.15  days, but qualification is effective if made before the board 
148.16  acts to fill the vacancy. 
148.17     Sec. 66.  Minnesota Statutes 2004, section 471.895, 
148.18  subdivision 3, is amended to read: 
148.19     Subd. 3.  [EXCEPTIONS.] (a) The prohibitions in this 
148.20  section do not apply if the gift is: 
148.21     (1) a contribution as defined in section 211A.01, 
148.22  subdivision 5; 
148.23     (2) services to assist an official in the performance of 
148.24  official duties, including but not limited to providing advice, 
148.25  consultation, information, and communication in connection with 
148.26  legislation, and services to constituents; 
148.27     (3) services of insignificant monetary value; 
148.28     (4) a plaque or similar memento recognizing individual 
148.29  services in a field of specialty or to a charitable cause; 
148.30     (5) a trinket or memento of insignificant value costing $5 
148.31  or less; 
148.32     (6) informational material of unexceptional value; or 
148.33     (7) food or a beverage given at a reception, meal, or 
148.34  meeting away from the recipient's place of work by an 
148.35  organization before whom the recipient appears to make a speech 
148.36  or answer questions as part of a program. 
149.1      (b) The prohibitions in this section do not apply if the 
149.2   gift is given: 
149.3      (1) because of the recipient's membership in a group, a 
149.4   majority of whose members are not local officials, and an 
149.5   equivalent gift is given or offered to the other members of the 
149.6   group; 
149.7      (2) by an interested person who is a member of the family 
149.8   of the recipient, unless the gift is given on behalf of someone 
149.9   who is not a member of that family; or 
149.10     (3) by a national or multistate organization of 
149.11  governmental organizations or public officials, if a majority of 
149.12  the dues to the organization are paid from public funds, to 
149.13  attendees at a conference sponsored by that organization, if the 
149.14  gift is food or a beverage given at a reception or meal and an 
149.15  equivalent gift is given or offered to all other attendees. 
149.16     Sec. 67.  Minnesota Statutes 2004, section 524.5-310, is 
149.17  amended to read: 
149.18     524.5-310 [FINDINGS; ORDER OF APPOINTMENT.] 
149.19     (a) The court may appoint a limited or unlimited guardian 
149.20  for a respondent only if it finds by clear and convincing 
149.21  evidence that: 
149.22     (1) the respondent is an incapacitated person; and 
149.23     (2) the respondent's identified needs cannot be met by less 
149.24  restrictive means, including use of appropriate technological 
149.25  assistance. 
149.26     (b) Alternatively, the court, with appropriate findings, 
149.27  may treat the petition as one for a protective order under 
149.28  section 524.5-401, enter any other appropriate order, or dismiss 
149.29  the proceeding. 
149.30     (c) The court shall grant to a guardian only those powers 
149.31  necessitated by the ward's limitations and demonstrated needs 
149.32  and, whenever feasible, make appointive and other orders that 
149.33  will encourage the development of the ward's maximum 
149.34  self-reliance and independence.  Any power not specifically 
149.35  granted to the guardian, following a written finding by the 
149.36  court of a demonstrated need for that power, is retained by the 
150.1   ward.  
150.2      (d) Within 14 days after an appointment, a guardian shall 
150.3   send or deliver to the ward, and counsel if represented at the 
150.4   hearing, a copy of the order of appointment accompanied by a 
150.5   notice which advises the ward of the right to appeal the 
150.6   guardianship appointment in the time and manner provided by the 
150.7   Rules of Appellate Procedure. 
150.8      (e) Each year, within 30 days after the anniversary date of 
150.9   an appointment, a guardian shall send or deliver to the ward a 
150.10  notice of the right to request termination or modification of 
150.11  the guardianship and notice of the status of the ward's right to 
150.12  vote. 
150.13     Sec. 68.  [REPEALER.] 
150.14     Minnesota Statutes 2004, section 204C.50, subdivision 7, is 
150.15  repealed. 
150.16     Minnesota Rules, parts 4501.0300, subparts 1 and 4; 
150.17  4501.0500, subpart 4; 4501.0600; 4503.0200, subpart 4; 
150.18  4503.0300, subpart 2; 4503.0400, subpart 2; 4503.0500, subpart 
150.19  9; and 4503.0800, subpart 1, are repealed." 
150.20     Delete the title and insert: 
150.21                         "A bill for an act 
150.22            relating to government operations; appropriating money 
150.23            for the general legislative and administrative 
150.24            expenses of state government; regulating state and 
150.25            local government operations; modifying provisions 
150.26            related to public employment; ratifying certain labor 
150.27            agreements and compensation plans; regulating 
150.28            elections and campaign finance; regulating Minneapolis 
150.29            teacher pensions; modifying provisions related to the 
150.30            military and veterans; authorizing rulemaking; 
150.31            amending Minnesota Statutes 2004, sections 10A.01, 
150.32            subdivisions 5, 26, 35; 10A.025, by adding a 
150.33            subdivision; 10A.071, subdivision 3; 10A.08; 10A.20, 
150.34            subdivision 5; 10A.27, subdivision 1; 10A.28, 
150.35            subdivision 2; 10A.31, subdivisions 4, 5; 11A.24, 
150.36            subdivision 6; 13.635, by adding a subdivision; 14.19; 
150.37            15.054; 15.06, by adding a subdivision; 16A.103, by 
150.38            adding a subdivision; 16A.1286, subdivision 3; 
150.39            16A.151, subdivision 2; 16A.152, subdivision 2; 
150.40            16A.1522, subdivision 1; 16A.281; 16B.04, subdivision 
150.41            2; 16B.33, subdivision 4; 16B.48, subdivisions 4, 5; 
150.42            16C.10, subdivision 7; 16C.144; 16C.16, subdivision 1; 
150.43            16C.26, subdivisions 3, 4; 16C.28, subdivision 2; 
150.44            16E.01, subdivisions 1, 3; 16E.02; 16E.03, 
150.45            subdivisions 1, 2, 3, 7; 16E.04; 16E.0465, 
150.46            subdivisions 1, 2; 16E.055; 16E.07, subdivision 8; 
150.47            43A.23, subdivision 1; 190.16, by adding a 
150.48            subdivision; 192.19; 192.261, subdivision 2; 192.501, 
150.49            subdivision 2; 193.29, subdivision 3; 193.30; 193.31; 
150.50            197.608, subdivision 5; 200.02, subdivisions 7, 23, by 
151.1             adding a subdivision; 201.014, subdivision 2; 201.061, 
151.2             subdivision 3; 201.071, subdivision 1; 201.091, 
151.3             subdivisions 4, 5; 201.15; 203B.01, subdivision 3; 
151.4             203B.04, subdivisions 1, 4, by adding a subdivision; 
151.5             203B.07, subdivision 2; 203B.11, subdivision 1; 
151.6             203B.12, subdivision 2; 203B.20; 203B.21, subdivisions 
151.7             1, 3; 203B.24, subdivision 1; 204B.06, subdivisions 1, 
151.8             4; 204B.10, subdivision 6; 204B.14, subdivision 2; 
151.9             204B.16, subdivisions 1, 5; 204B.18, subdivision 1; 
151.10            204B.24; 204B.27, subdivision 1; 204C.05, subdivision 
151.11            1a; 204C.06, subdivision 2; 204C.07, subdivision 4, by 
151.12            adding a subdivision; 204C.08, subdivision 1a; 
151.13            204C.10; 204C.12, subdivision 2; 204C.24, subdivision 
151.14            1; 204C.28, subdivision 1; 204C.50, subdivisions 1, 2; 
151.15            204D.03, by adding a subdivision; 204D.14, subdivision 
151.16            3; 204D.27, subdivision 5; 205.175, subdivision 2; 
151.17            205A.09, subdivision 1; 206.57, subdivision 5; 208.03; 
151.18            208.04, subdivision 1; 208.05; 208.06; 208.07; 208.08; 
151.19            211B.13, subdivision 1; 240A.03, subdivision 5, by 
151.20            adding a subdivision; 299C.65, subdivisions 1, 2; 
151.21            349A.10, subdivision 3; 359.01, by adding a 
151.22            subdivision; 383B.151; 403.36, subdivision 1; 447.32, 
151.23            subdivision 4; 471.895, subdivision 3; 471.975; 
151.24            507.093; 507.24, subdivision 2; 524.5-310; Laws 1998, 
151.25            chapter 404, section 15, subdivision 2, as amended; 
151.26            Laws 2000, chapter 461, article 4, section 4, as 
151.27            amended; proposing coding for new law in Minnesota 
151.28            Statutes, chapters 5; 6; 8; 10; 14; 15; 16B; 16C; 16E; 
151.29            43A; 168; 190; 298; 471; 507; repealing Minnesota 
151.30            Statutes 2004, sections 3.9222; 16A.151, subdivision 
151.31            5; 16A.30; 16B.48, subdivision 3; 16B.52; 16E.0465, 
151.32            subdivision 3; 43A.11, subdivision 2; 197.455, 
151.33            subdivision 3; 204C.50, subdivision 7; 471.68, 
151.34            subdivision 3; Minnesota Rules, parts 4501.0300, 
151.35            subparts 1, 4; 4501.0500, subpart 4; 4501.0600; 
151.36            4503.0200, subpart 4; 4503.0300, subpart 2; 4503.0400, 
151.37            subpart 2; 4503.0500, subpart 9; 4503.0800, subpart 1."
152.1      We request adoption of this report and repassage of the 
152.2   bill. 
152.5      House Conferees: 
152.8   .........................     .........................
152.9   Marty Seifert                 Chris DeLaForest 
152.12  .........................     .........................
152.13  Greg Blaine                   Bill Hilty  
152.16  ......................... 
152.17  Loren A. Solberg 
152.22     Senate Conferees: 
152.25  .........................     .........................
152.26  Sheila M. Kiscaden            Linda Higgins  
152.29  .........................     .........................
152.30  James P. Metzen               Geoff Michel  
152.33  ......................... 
152.34  Cal Larson