Minnesota Legislature
SF 1997
1st Unofficial Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
KEY: stricken = removed, old language.
underscored = added, new language.
1.2relating to government operations; appropriating money for the general legislative
1.3and administrative expenses of state government; regulating state and local
1.4government operations; establishing the Minnesota Office on Ethnic Heritage
1.5and New Americans and the Minnesota Legislative Commission on Terrorism
1.6and Disaster Preparedness; creating the position of poet laureate; providing a
1.7grant process and grant management; defining domestic partner; ratifying labor
1.8agreements and compensation plans; establishing a state employees electronic
1.9health records pilot project; providing for continuing appropriations in certain
1.10circumstances; providing compensation for a period of partial government
1.11shutdown; creating a trust for postemployment benefits; regulating elections and
1.12voter registration; establishing a gratuity payment for certain Teacher Retirement
1.13Association members; authorizing rulemaking;amending Minnesota Statutes
1.142006, sections 3.85, subdivision 3; 3.9741, subdivision 1; 5.12, subdivision
1.151; 6.47; 6.51; 6.54; 6.55; 6.551; 6.57; 6.59; 6.60; 6.62, subdivision 2; 6.63;
1.166.64; 6.65; 6.66; 6.67; 6.68; 6.70; 6.71; 6.715, by adding a subdivision; 13.605,
1.17subdivision 1; 15B.17, subdivision 1; 16A.103, subdivision 1e; 16A.11, by
1.18adding a subdivision; 16A.1286, subdivision 2; 16B.35, subdivision 1; 16C.02,
1.19subdivisions 4, 12, 14, by adding subdivisions; 16C.03, subdivisions 2, 3, 4, 8,
1.2016, by adding subdivisions; 16C.05, subdivisions 1, 2; 16C.08, subdivisions
1.212, 4, by adding subdivisions; 16C.10, subdivision 7; 16C.16, subdivision 5;
1.2216C.26; 16C.27, subdivision 1; 16C.28; 37.06; 43A.02, by adding a subdivision;
1.2343A.24, subdivision 1; 43A.49; 103C.305, subdivision 3; 103D.355; 103D.811,
1.24subdivision 3; 103E.505, subdivision 5; 116A.13, subdivision 5; 123B.52,
1.25subdivision 1, by adding a subdivision; 160.17, by adding a subdivision;
1.26160.262, by adding a subdivision; 161.1419, subdivision 8; 161.32, by adding a
1.27subdivision; 161.3412, subdivision 1; 161.38, subdivision 4; 181.9413; 200.02,
1.28subdivisions 7, 23; 201.016, subdivision 1a; 201.054, subdivision 1; 201.056;
1.29201.061, subdivisions 1, 3, 4, by adding a subdivision; 201.071, subdivisions
1.301, 3, 4; 201.081; 201.091, subdivisions 1, 8, 9, by adding a subdivision;
1.31201.12; 201.13, subdivision 3; 201.161; 201.171; 201.27, subdivision 1;
1.32203B.02, subdivision 1; 203B.04, subdivisions 1, 4, 6; 203B.05, subdivision 2;
1.33203B.06, subdivision 3; 203B.07, subdivisions 1, 2; 203B.08, subdivision 3;
1.34203B.081; 203B.10; 203B.11, subdivision 4; 203B.12, subdivision 4; 203B.13,
1.35subdivisions 1, 2; 203B.16, subdivision 2; 203B.17, subdivision 2; 203B.21,
1.36subdivisions 2, 3; 203B.22; 203B.24, subdivision 1; 204B.06, subdivisions 1, 8;
1.37204B.08, subdivision 3; 204B.09, subdivisions 1, 1a, 3; 204B.11, subdivision
1.382; 204B.16, subdivision 1; 204B.21, subdivision 2, by adding a subdivision;
1.39204B.45, subdivision 2; 204C.06, subdivision 1; 204C.07, subdivision 3a, by
2.1adding a subdivision; 205.10, by adding a subdivision; 205.13, by adding
2.2a subdivision; 205.16, subdivisions 3, 4; 205A.05, by adding a subdivision;
2.3205A.07, subdivisions 3, 3a; 205A.10, subdivisions 1, 2; 205A.11, subdivision 2;
2.4206.57, subdivision 5; 206.82, subdivision 2; 206.89, subdivisions 1, 5; 211A.02,
2.5subdivision 2; 211A.05, subdivision 1; 302A.821, subdivision 4; 308A.995,
2.6subdivision 4; 308B.121, subdivision 4; 308B.215, subdivision 2; 317A.823,
2.7subdivision 1; 321.0206; 325L.03; 336.1-110; 336.9-516; 336.9-525; 356.219,
2.8subdivision 1; 358.41; 358.42; 358.50; 359.085, subdivisions 2, 3; 365.37, by
2.9adding a subdivision; 374.13; 375.101, subdivision 1, by adding a subdivision;
2.10375.21, by adding a subdivision; 383C.094, by adding a subdivision; 410.12,
2.11subdivision 1; 412.311; 429.041, by adding a subdivision; 447.32, subdivision 4;
2.12458D.21, by adding a subdivision; 469.015, by adding a subdivision; 469.068,
2.13subdivision 1, by adding a subdivision; 471.345, subdivision 5, by adding
2.14subdivisions; 471.61, subdivision 1a; 473.246; 473.523, by adding a subdivision;
2.15473.756, subdivision 12; 477A.014, subdivision 4; 491A.02, subdivision 4;
2.16507.24, subdivision 2; Laws 2004, chapter 293, article 1, section 37, subdivision
2.172; Laws 2006, chapter 253, section 22, subdivision 1; proposing coding for new
2.18law in Minnesota Statutes, chapters 3; 4; 5; 6; 8; 11A; 12; 13; 15B; 16A; 16B;
2.1916C; 16E; 43A; 161; 203B; 204B; 308B; 321; 349A; 471; repealing Minnesota
2.20Statutes 2006, sections 3.884; 3.8841; 6.56, subdivision 1; 16A.102; 16C.055,
2.21subdivision 1; 16C.08, subdivision 4a; 69.051, subdivision 1c; 200.04; 201.061,
2.22subdivision 7; 201.096; 203B.02, subdivision 1a; 203B.04, subdivision 5;
2.23203B.13, subdivision 3a; 359.085, subdivision 8; 645.44, subdivision 19.
2.24BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
2.28 The sums shown in the columns marked "appropriations" are appropriated to the
2.29agencies and for the purposes specified in this article. The appropriations are from the
2.30general fund, or another named fund, and are available for the fiscal years indicated
2.31for each purpose. The figures "2008" and "2009" used in this article mean that the
2.32appropriations listed under them are available for the fiscal year ending June 30, 2008, or
2.33June 30, 2009, respectively. "The first year" is fiscal year 2008. "The second year" is fiscal
2.34year 2009. "The biennium" is fiscal years 2008 and 2009.
3.1The amounts that may be spent for each
3.2purpose are specified in the following
3.3subdivisions.
3.6During the biennium ending June 30, 2009,
3.7any revenues received by the house of
3.8representatives from sponsorship notices in
3.9broadcast or print media are appropriated to
3.10the house of representatives.
3.15$600,000 the first year and $600,000 the
3.16second year are for public information
3.17television, Internet, Intranet, and other
3.18transmission of legislative activities. At
3.19least one-half of those amounts must go for
3.20programming to be broadcast and transmitted
3.21to rural Minnesota.
3.22$5,624,000 the first year and $5,469,000 the
3.23second year are for the Office of the Revisor
3.24of Statutes.
3.25$1,257,000 the first year and $1,254,000 the
3.26second year are for the Legislative Reference
3.27Library.
3.28$5,594,000 the first year and $5,595,000
3.29the second year are for the Office of the
3.30Legislative Auditor.
3.31All legislative offices should, whenever
3.32possible, implement information technology
3.33systems that are compatible and work
3.34seamlessly across the legislature. Wherever
4.1possible, single systems should be
4.2implemented to avoid unnecessary
4.3duplication and inefficiency. The directors
4.4of information technology for the senate,
4.5house of representatives, and the Legislative
4.6Coordinating Commission must submit
4.7a written report describing their efforts
4.8to collaborate on implementing shared
4.9information technology systems. The report
4.10must be submitted to the chairs of the house
4.11of representatives and senate committees
4.12with jurisdiction over rules and to the
4.13Legislative Coordinating Commission on
4.14January 15, 2008, and January 15, 2009.
4.17(a) This appropriation is to fund the Office of
4.18the Governor and Lieutenant Governor.
4.19$19,000 the first year and $19,000 the
4.20second year are for necessary expenses in
4.21the normal performance of the governor's
4.22and lieutenant governor's duties for which no
4.23other reimbursement is provided.
4.24(b) By September 1 of each year, the
4.25commissioner of finance shall report to
4.26the chairs of the senate Governmental
4.27Operations Budget Division and the house
4.28State Government Finance Division any
4.29personnel costs incurred by the Office of
4.30the Governor and Lieutenant Governor that
4.31were supported by appropriations to other
4.32agencies during the previous fiscal year.
4.33The Office of the Governor shall inform the
4.34chairs of the divisions before initiating any
4.35interagency agreements.
5.16$310,000 of this appropriation must be
5.17transferred to the Help America Vote Act
5.18account and is designated as a portion of the
5.19match required by section 253(b)(5) of the
5.20Help America Vote Act.
5.21$2,844,000 the first year is appropriated from
5.22the Help America Vote Act account for the
5.23purposes and uses authorized by federal law.
5.24This appropriation is available until June 30,
5.252009.
5.26Notwithstanding Laws 2005, chapter 162,
5.27section 34, subdivision 7, any balance
5.28remaining in the Help America Vote Act
5.29account after previous appropriations and the
5.30appropriations in this section is appropriated
5.31to the secretary of state for the purposes of
5.32the account. This appropriation is available
5.33until June 30, 2011.
5.34$250,000 the first year is for a grant to Kids
5.35Voting Minnesota, to educate children about
6.1voting and the democratic process. This
6.2appropriation is available until spent.
6.8(a) $2,000,000 the first year is for the first
6.9phase of an electronic licensing system.
6.10This is a onetime appropriation. This
6.11appropriation carries forward to the second
6.12year.
6.13(b) $10,000,000 the first year is for
6.14information technology security.
6.15(c) $500,000 the first year and $500,000 the
6.16second year are for oversight and analysis of
6.17state technology investments.
6.18(d) $1,456,000 the first year and $1,000,000
6.19the second year are for small agency
6.20technology infrastructure. During the first
6.21biennium, these amounts are intended to
6.22include hardware and software improvements
6.23for the Asian-Pacific Council, the Capitol
6.24Area Architectural and Planning Board,
6.25the Minnesota Library for the Blind,
6.26the Minnesota State Academies, and
6.27the Ombudsman for Mental Health and
6.28Developmental Disabilities. Ongoing
6.29funding for improvements made during fiscal
6.30years 2008 and 2009 may be added to the
6.31base funding for those agencies in fiscal
6.32years 2010 and 2011.
7.1(e) $68,000 is for an electronic documents
7.2study and report.
7.3(f) $200,000 is for grants to be distributed to
7.4the counties participating in the development
7.5of the integrated financial system for
7.6enhancements to the system. Enhancements
7.7include:
7.8(1) systems to improve the tracking and
7.9reporting of state and federal grants;
7.10(2) electronic payments to vendors;
7.11(3) electronic posting of state payments to
7.12the financial system;
7.13(4) automating revenue collection and
7.14posting through check conversion, automatic
7.15clearing house transactions, or credit card
7.16processing;
7.17(5) improvements to county budgetary
7.18systems;
7.19(6) storage or linkage of electronic
7.20documents;
7.21(7) improved executive level reporting and
7.22extraction of data; and
7.23(8) improved information and reporting for
7.24audits.
7.25The grant funds shall be distributed on a pro
7.26rata basis to each of the counties participating
7.27in the development of the integrated financial
7.28system. The Minnesota Counties Computer
7.29Cooperative, acting as a fiscal agent for
7.30the participating counties, shall receive the
7.31grant money for the counties. The grants
7.32will only be distributed after $600,000 is
7.33expended or provided from other sources.
7.34The chief information officer may require
8.1a report or such other information as the
8.2chief information officer deems appropriate
8.3to verify that the requirements of this
8.4section have been met. This appropriation
8.5is available until June 30, 2011, and cancels
8.6on that date.
8.13$266,000 each year is for two workers'
8.14compensation judges, to be located in Duluth.
8.17The amounts that may be spent for each
8.18purpose are specified in the following
8.19subdivisions.
8.21(a) $7,888,000 the first year and $7,888,000
8.22the second year are for office space costs of
8.23the legislature and veterans organizations,
8.24for ceremonial space, and for statutorily free
8.25space.
8.26(b) $2,500,000 the first year is to purchase
8.27and implement a Web-enabled, shared
8.28computer system to facilitate the state's real
8.29property portfolio management.
8.30(c) $250,000 the first year and $250,000 the
8.31second year are for the energy conservation
8.32recommissioning activities in state buildings.
9.1(a) $60,000 the first year and $240,000 the
9.2second year are to fund activities to prepare
9.3for and promote the 2010 census. Base
9.4funding for this activity is $260,000 in fiscal
9.5year 2010 and $180,000 in fiscal year 2011.
9.6(b) $1,100,000 the first year and $1,100,000
9.7the second year are for the Land Management
9.8Information Center.
9.9(c) $196,000 the first year and $196,000 the
9.10second year are for the Office of the State
9.11Archaeologist.
9.13(a) $125,000 the first year is to create an
9.14Office of Grants Management to standardize
9.15state grants management policies and
9.16procedures. For the fiscal year beginning
9.17July 1, 2008, the commissioner must deduct
9.18from state grants subject to nongovernmental
9.19entities up to $125,000, as necessary to
9.20fund the commissioner's duties under
9.21new Minnesota Statutes, sections 16B.97
9.22and 16B.98. The amount deducted from
9.23appropriations for these grants is transferred
9.24to the commissioner for purposes of
9.25administering those sections.
9.26(b) $285,000 the first year is to fund a pilot
9.27project to reduce state expenditures on
9.28professional/technical contracts.
9.29(c) $250,000 the first year and $250,000
9.30the second year are to establish a small
9.31agency resource team to consolidate and
9.32streamline the human resources and financial
9.33management activities for small state
9.34agencies, boards, and councils.
10.1(d) $425,000 the first year is a onetime
10.2appropriation for a targeted group business
10.3disparity study. The commissioner must
10.4cooperate with units of local government
10.5conducting similar studies.
10.6(e) $74,000 the first year and $74,000
10.7the second year are for the Council on
10.8Developmental Disabilities.
10.9(f) $53,000 the first year and $36,000 the
10.10second year are for the genetic information
10.11work group and report.
10.12(g) $250,000 in fiscal year 2008 and
10.13$250,000 in fiscal year 2009 are for a grant
10.14to the Council on Developmental Disabilities
10.15for the purpose of establishing a statewide
10.16self-advocacy network for persons with
10.17intellectual and developmental disabilities
10.18(ID/DD). The self-advocacy network shall:
10.19(1) ensure that persons with ID/DD are
10.20informed of their rights in employment,
10.21housing, transportation, voting, government
10.22policy, and other issues pertinent to the
10.23ID/DD community;
10.24(2) provide public education and awareness
10.25of the civil and human rights issues persons
10.26with ID/DD face;
10.27(3) provide funds, technical assistance, and
10.28other resources for self-advocacy groups
10.29across the state; and
10.30(4) organize systems of communications
10.31to facilitate an exchange of information
10.32between self-advocacy groups.
11.1This appropriation is in addition to any other
11.2appropriations and must be added to the base
11.3appropriation beginning in fiscal year 2010.
11.4(h) $75,000 is for purposes of promotion
11.5of document imaging work in government
11.6agencies to be done by persons with
11.7developmental disabilities.
11.9(a) $100,000 the first year is for the
11.10sustainable growth working group.
11.11(b) $500,000 is for a grant to Washington
11.12County for capital improvements detailed in
11.13the approved planned unit development for
11.14the Disabled Veteran's Rest Camp to provide
11.15increased capacity, amenities, access, and
11.16safety for Minnesota veterans.
11.18(a) $1,613,000 the first year and $1,613,000
11.19the second year are for matching grants
11.20for public television. The base budget for
11.21matching grants shall be $1,161,000 in fiscal
11.22year 2010 and $1,161,000 in fiscal year 2011.
11.23(b) $398,000 the first year and $398,000
11.24the second year are for public television
11.25equipment grants. Equipment or matching
11.26grant allocations shall be made after
11.27considering the recommendations of the
11.28Minnesota Public Television Association.
11.29The base budget for public television
11.30equipment grants shall be $200,000 in fiscal
11.31year 2010 and $200,000 in fiscal year 2011.
11.32(c) $17,000 the first year and $17,000 the
11.33second year are for grants to the Twin Cities
11.34regional cable channel.
12.1(d) $350,000 in fiscal year 2008 and $350,000
12.2in fiscal year 2009 are for community service
12.3grants to public educational radio stations.
12.4The base budget for the community service
12.5grants shall be $287,000 in fiscal year 2010
12.6and $287,000 in fiscal year 2011.
12.7(e) $250,000 in fiscal year 2008 and $250,000
12.8in fiscal year 2009 are for equipment grants
12.9to public educational radio stations. The
12.10general fund base funding for equipment
12.11grants is increased by $125,000 each year in
12.12the fiscal 2010-2011 biennium.
12.13(f) The grants in paragraphs (d) and (e)
12.14must be allocated after considering the
12.15recommendations of the Association of
12.16Minnesota Public Educational Radio Stations
12.17under Minnesota Statutes, section 129D.14.
12.18(g) $475,000 the first year and $475,000
12.19the second year are for equipment grants to
12.20Minnesota Public Radio, Inc. The budget
12.21base for the Minnesota Public Radio, Inc.
12.22equipment grants shall be $190,000 in fiscal
12.23year 2010 and $190,000 in fiscal year 2011.
12.24(h) Any unencumbered balance remaining
12.25the first year for grants to public television or
12.26radio stations does not cancel and is available
12.27for the second year.
12.31$65,000 in fiscal year 2008 is for the
12.32decennial expenses related to the board's
12.33duties under Minnesota Statutes, section
12.34473.864, subdivisions 1 and 2. Money
12.35appropriated in fiscal year 2008 is available
13.1until June 30, 2009. This is a onetime
13.2appropriation.
13.5The amounts that may be spent for each
13.6purpose are specified in the following
13.7subdivisions.
13.9(a) $315,000 the first year is for the state's
13.10share of the cost of bankruptcy counsel
13.11representing joint interests of the state and
13.12the city of Duluth in the Northwest Airlines
13.13bankruptcy. This is a onetime appropriation.
13.14(b) Notwithstanding the provisions of
13.15Minnesota Statutes, section 16A.1522,
13.16subdivision 4, the commissioner of finance
13.17shall designate any positive general fund
13.18budgetary balance on June 30, 2007, as an
13.19unrestricted balance. Money so designated
13.20shall remain available for general fund
13.21appropriations authorized in fiscal years
13.222008 and 2009.
13.25$7,000,000 the first year is for costs related to
13.26the Minnesota Accounting and Procurement
13.27System (MAPS). $6,500,000 is to implement
13.28remediation strategies as necessary to avoid
13.29a systemic failure. $500,000 of the first year
13.30total is for planning for the system's eventual
13.31replacement.
14.1(a) $250,000 each year is for the Center for
14.2Health Care Purchasing Improvement.
14.3(b) $186,000 the first year and $203,000 the
14.4second year are for transfer to state agencies
14.5for additional expenses incurred as a result
14.6of expanded use of sick leave authorized by
14.7this act.
14.8(c) $350,000 the first year is to support the
14.9use of an electronic portfolio system to
14.10provide personal health records for MnSCU
14.11employees and other participants in the state
14.12employee group insurance program. Of
14.13this amount, $50,000 is for transfer to the
14.14University of Minnesota Health Informatics
14.15Division to evaluate the use and impact of
14.16personal health records on these employees.
14.17This appropriation is available until June 30,
14.182009.
14.28The amounts that may be spent for each
14.29purpose are specified in subdivisions 2 and 3.
15.1(a) $6,910,000 the first year and $8,704,000
15.2the second year are for additional activities
15.3to identify and collect tax liabilities from
15.4individuals and businesses that currently
15.5do not pay all taxes owed. This initiative
15.6is expected to result in new general fund
15.7revenues of $42,400,000 for the biennium
15.8ending June 30, 2009.
15.9(b) The department must report to the chairs
15.10of the house of representatives Ways and
15.11Means and senate Finance Committees by
15.12March 1, 2008, and January 15, 2009, on the
15.13following performance indicators:
15.14(1) the number of corporations noncompliant
15.15with the corporate tax system each year and
15.16the percentage and dollar amounts of valid
15.17tax liabilities collected;
15.18(2) the number of businesses noncompliant
15.19with the sales and use tax system and the
15.20percentage and dollar amount of the valid tax
15.21liabilities collected; and
15.22(3) the number of individual noncompliant
15.23cases resolved and the percentage and dollar
15.24amounts of valid tax liabilities collected.
15.25(c) The reports must also identify base-level
15.26expenditures and staff positions related to
15.27compliance and audit activities, including
15.28baseline information as of January 1, 2006.
15.29The information must be provided at the
15.30budget activity level.
15.31(d) $12,000,000 the first year is for the
15.32purchase and development of an integrated
15.33tax software package.
16.1(e) $75,000 the first year and $75,000 the
16.2second year are for grants to one or more
16.3nonprofit organizations, qualifying under
16.4section 501(c)(3) of the Internal Revenue
16.5Code of 1986, to coordinate, facilitate,
16.6encourage, and aid in the provision of
16.7taxpayer assistance services. For purposes
16.8of this paragraph, "taxpayer assistance
16.9services" means accounting and tax
16.10preparation services provided by volunteers
16.11to low-income and disadvantaged Minnesota
16.12residents to help them file federal and
16.13state income tax returns and Minnesota
16.14property tax refund claims and may include
16.15providing personal representation before
16.16the Department of Revenue and Internal
16.17Revenue Service.
16.19$1,750,000 the first year and $3,110,000
16.20the second year are for additional activities
16.21to identify and collect tax liabilities from
16.22individuals and businesses that currently do
16.23not pay all taxes owed. This initiative is
16.24expected to result in new general revenues of
16.25$60,000,000 for the biennium ending June
16.2630, 2009.
16.28These appropriations are from the lawful
16.29gambling regulation account in the special
16.30revenue fund.
17.1(a) These appropriations are from racing
17.2regulation accounts in the special revenue
17.3fund.
17.4(b) $295,000 the first year and $64,000 the
17.5second year and thereafter are for information
17.6technology improvements implemented in
17.7consultation with the Office of Enterprise
17.8Technology as part of the small agency
17.9technology initiative.
17.11Notwithstanding Minnesota Statutes, section
17.12349A.10 , subdivision 3, the operating budget
17.13must not exceed $27,378,000 in fiscal year
17.142008 and $28,141,000 in fiscal year 2009.
17.16To be spent by the commissioner of finance.
17.17If the appropriation for either year is
17.18insufficient, the appropriation for the other
17.19year is available for it.
17.22(a) The amounts estimated to be needed for
17.23each program are as follows:
17.25Under Minnesota Statutes, sections 3A.03,
17.26subdivision 2, 3A.04, subdivisions 3 and 4;
17.27and 3A.115.
17.29Under Minnesota Statutes, sections
17.30352C.031, subdivision 5;352C.04 ,
17.31subdivision 3; and352C.09 , subdivision 2.
18.1(b) If an appropriation in this section for
18.2either year is insufficient, the appropriation
18.3for the other year is available for it.
18.6The amounts estimated to be needed under
18.7Minnesota Statutes, section 422A.101,
18.8subdivision 3.
18.11The amounts estimated to be needed are as
18.12follows:
18.21The amounts estimated to be needed for
18.22special direct state aid to first class city
18.23teachers retirement funds authorized under
18.24Minnesota Statutes, section354A.12 ,
18.25subdivisions 3a and 3c.
18.27Of this amount, $67,000 each year is to be
18.28used for an additional event development
18.29position. This is a onetime appropriation.
18.30The base budget for the Amateur Sports
18.31Commission shall be $215,000 in fiscal year
18.322010 and $215,000 in fiscal year 2011.
18.33The amount available for appropriation to
18.34the commission under Laws 2005, chapter
19.1156, article 2, section 43, is reduced in the
19.2first year and the second year by the amounts
19.3appropriated in this section.
19.6$25,000 the first year and $25,000 the second
19.7year are for expenses related to the state's
19.8annual Martin Luther King, Jr. holiday
19.9celebration.
19.15$80,000 in the first year is for the acquisition
19.16of an Indian burial site in Becker County. The
19.17Indian Affairs Council shall solicit donations
19.18from federal, state, nonprofit, private, and
19.19tribal sources for this purpose. This is a
19.20onetime appropriation and is available for
19.21expenditure until June 30, 2009.
19.22$100,000 in the first year is for transfer to the
19.23director of the Minnesota Office of Higher
19.24Education for a grant for the Dakota/Ojibwe
19.25Language Revitalization Project to expand
19.26an existing pilot project to promote activities
19.27and programs that are specific to promoting
19.28revitalization of indigenous language for
19.29American Indian children who do not live
19.30on an Indian reservation. The pilot project
19.31shall focus on developing programs that
19.32meet the language needs of children in
20.1prekindergarten through grade 12. This is a
20.2onetime appropriation.
20.12(a) The appropriations in this section
20.13may only be spent with the approval of
20.14the governor after consultation with the
20.15Legislative Advisory Commission pursuant
20.16to Minnesota Statutes, section 3.30.
20.17(b) If an appropriation in this section for
20.18either year is insufficient, the appropriation
20.19for the other year is available for it.
20.20(c) If a contingent account appropriation
20.21is made in one fiscal year, it should be
20.22considered a biennial appropriation.
20.23 Sec. 30. MANAGERIAL POSITION REDUCTIONS.
20.24 The governor must reduce the number of deputy commissioners, assistant
20.25commissioners, and positions designated as unclassified under authority of Minnesota
20.26Statutes, section 43A.08, subdivision 1a, by an amount that will generate savings to the
20.27general fund of $775,000 in the biennium ending June 30, 2009, and $7,600,000 in the
20.28biennium ending June 30, 2011.
20.31 Section 1. [3.052] SCHEDULE FOR CONSIDERATION OF LEGISLATION.
20.32 Subdivision 1. Agency bills. An executive department or agency intending to urge
20.33the legislature to adopt a bill shall deliver the bill to the revisor of statutes by November
20.341 before the regular session at which adoption will be urged. This deadline does not
21.1apply: (1) to bills necessary to implement the governor's budget proposals; (2) to other
21.2bills that are policy initiatives of the governor, as opposed to administrative initiatives of a
21.3department or agency; or (3) as otherwise provided in section 3C.035.
21.4 Subd. 2. State of the state. The governor is encouraged to submit a state of the state
21.5address in January of each odd-numbered year and within the first ten days after the start
21.6of the legislative session in an even-numbered year. Before or during this address, the
21.7governor is encouraged to announce major legislative policy initiatives that the governor
21.8intends to promote that year.
21.9 Subd. 3. Executive submission of budget bills. The governor must submit bills
21.10necessary to implement the governor's operating budget to the legislature within two
21.11weeks after the date specified in section 16A.11 for the governor to submit the detailed
21.12operating budget to the legislature. The bills must be provided to the speaker of the house
21.13of representatives and the majority leader of the senate in a manner ready for formal
21.14introduction and final consideration.
21.15 Sec. 2. [3.181] PRINTED MATERIALS.
21.16 If paper copies of legislative bills and amendments are printed, they must be printed
21.17on paper that measures 8-1/2 inches by 11 inches.
21.18EFFECTIVE DATE.This section is effective January 1, 2009.
21.19 Sec. 3. [3.3051] PUBLIC INFORMATION.
21.20 The Legislative Coordinating Commission must establish a joint legislative public
21.21information office.
21.22 The office is the legislative entity responsible for:
21.23 (1) producing legislative directories and rosters, news magazines, and general
21.24educational materials about the legislative process;
21.25 (2) in cooperation with other legislative offices, providing schedules of legislative
21.26meetings;
21.27 (3) producing television coverage of certain legislative proceedings; and
21.28 (4) performing other functions assigned by the Legislative Coordinating
21.29Commission.
21.30 Sec. 4. [3.306] MEETING TIMES.
21.31 The house of representatives and the senate must adopt rules that set one time as the
21.32regular hour of convening daily sessions in both houses.
22.1 Sec. 5. [3.3061] JOINT STANDING COMMITTEES.
22.2 The house of representatives and the senate are encouraged to adopt rules that:
22.3 (1) establish a system of joint standing committees to consider and report on
22.4legislation and conduct other legislative business, except that each house may separately
22.5establish a committee on rules and administration and a committee on ethics; or
22.6 (2) provide that house and senate committees with similar jurisdiction will meet at
22.7the same time to facilitate joint meetings.
22.8 Sec. 6. Minnesota Statutes 2006, section 3.85, subdivision 3, is amended to read:
22.9 Subd. 3. Membership. The commission consists offive seven members of the
22.10senate appointed by the Subcommittee on Committees of the Committee on Rules and
22.11Administration andfive seven members of the house of representatives appointed by the
22.12speaker. Members shall be appointed at the commencement of each regular session of the
22.13legislature for a two-year term beginning January 16 of the first year of the regular session.
22.14Members continue to serve until their successors are appointed. Vacancies that occur while
22.15the legislature is in session shall be filled like regular appointments. If the legislature is not
22.16in session, senate vacancies shall be filled by the last Subcommittee on Committees of the
22.17senate Committee on Rules and Administration or other appointing authority designated
22.18by the senate rules, and house vacancies shall be filled by the last speaker of the house, or
22.19if the speaker is not available, by the last chair of the house Rules Committee.
22.20 Sec. 7. [3.9228] MINNESOTA OFFICE ON ETHNIC HERITAGE AND NEW
22.21AMERICANS.
22.22 Subdivision 1. Office established. The Minnesota Office of Ethnic Heritage and
22.23New Americans is established to: (1) recognize the state's rich ethnic diversity and the
22.24contributions that immigrants have made to the state's social, economic, and cultural
22.25history; and (2) capitalize on and develop the strengths of the immigrant community in
22.26Minnesota. The commission shall assist state government to foster an understanding and
22.27appreciation of ethnic and cultural diversity in Minnesota, to more effectively identify
22.28the underutilized resources within the immigrant community and to facilitate the full
22.29participation of immigrants in social, cultural, and political life in this state.
22.30 Subd. 2. Membership. The Minnesota Office of Ethnic Heritage and New
22.31Americans consists of 14 members: the Subcommittee on Committees of the Committee
22.32on Rules and Administration of the senate shall appoint two public members and two
22.33senators; and the speaker of the house of representatives shall appoint two public members
23.1and two members of the house of representatives. The governor shall appoint six public
23.2members.
23.3 Appointees must have proven experience and dedication to working with the wide
23.4range of ethnic communities within Minnesota, the immigrant community, and possess
23.5training and experience in business, management, economics, public policy, legal affairs,
23.6and social work. The appointing authorities shall seek to collaborate with each other and
23.7with the councils established in sections 3.9223, 3.9225, and 3.9226 to ensure that the
23.8public membership of the commission is ethnically and geographically diverse and is
23.9reasonably balanced by gender.
23.10 Compensation and the filling of vacancies or appointed members are as provided in
23.11section 15.0575. The appointments required under this subdivision must be completed
23.12no later than September 1, 2007.
23.13 Subd. 3. Organization. As soon as possible after the appointments under
23.14subdivision 2 have been completed, the executive director of the Legislative Coordinating
23.15Commission shall convene the first meeting of the commission. The members of the
23.16commission shall select their chairperson at the first meeting.
23.17 Subd. 4. Assistance. The Legislative Coordinating Commission shall provide the
23.18administrative and clerical support services necessary for the operation of the Minnesota
23.19Office on Ethnic Heritage and New Americans.
23.20 Subd. 5. Duties. The Minnesota Office of Ethnic Heritage and New Americans shall:
23.21 (1) work with community leaders, the legislature, and the executive branch to
23.22develop programs and proposals that will encourage ethnic identity, preserve ethnic
23.23heritage, and promote education of the public about the state's heritage and cultural history;
23.24 (2) make recommendations to the legislature and the governor intended to foster the
23.25understanding and appreciation of cultural diversity in the state;
23.26 (3) maintain association with ethnic, cultural, and minority groups to determine
23.27community needs;
23.28 (4) study and consider opportunities and issues for the immigrant community in
23.29this state, including:
23.30 (i) steps to eliminate underutilization of immigrants in the state's work force;
23.31 (ii) improving the efficient use of existing state programs and services; and
23.32 (iii) other appropriate steps to improve the economic and social condition of
23.33immigrants in this state.
23.34 By December 1, 2008, the commission shall report to the chairs of the legislative
23.35committees and divisions with jurisdiction over issues affecting ethnic heritage and
23.36immigrants. The report must include a discussion of the items listed in this subdivision
24.1together with recommendations for state agencies and the legislature, including any
24.2proposed legislation necessary to accomplish the recommendations. The executive
24.3director of the Legislative Coordinating Commission shall ensure that copies of the report
24.4are available on the Legislative Coordinating Commission's Web site.
24.5 Subd. 6. Expiration. This section expires on June 30, 2009.
24.6 Sec. 8. Minnesota Statutes 2006, section 3.9741, subdivision 1, is amended to read:
24.7 Subdivision 1. Metropolitan Commission. Upon the audit of the financial accounts
24.8and affairs of a commission under section473.595 ,
473.604 , or
473.703 , the affected
24.9Metropolitan Commission is liable to the state for the total cost and expenses of the
24.10audit, including the salaries paid to the examiners while actually engaged in making
24.11the examination. The legislative auditor may bill the Metropolitan Commission either
24.12monthly or at the completion of the audit. All collections received for the audits must be
24.13deposited in the general fund added to the appropriation for the legislative auditor.
24.14EFFECTIVE DATE.This section is effective the day following final enactment.
24.15 Sec. 9. [4.60] POET LAUREATE.
24.16 (a) The position of poet laureate of the state of Minnesota is established. The
24.17Minnesota Humanities Commission must solicit nominations for the poet laureate
24.18appointment and must make recommendations to the governor. After receiving
24.19recommendations from the Minnesota Humanities Commission, the governor shall
24.20appoint a state poet laureate and conduct appropriate ceremonies to honor the person
24.21appointed. The person appointed as poet laureate continues to serve in this position until
24.22the governor appoints another person.
24.23 (b) State agencies and officers are encouraged to use the services of the poet laureate
24.24for appropriate ceremonies and celebrations.
24.25 Sec. 10. Minnesota Statutes 2006, section 5.12, subdivision 1, is amended to read:
24.26 Subdivision 1. Fees. The secretary of state shall charge a fee of $5 for each
24.27certificate or certification of a copy of any document filed in the Office of the Secretary
24.28of State. The secretary of state shall charge a fee of $3 for a copy of an original filing of
24.29a corporation, limited partnership, assumed name, or trade or service mark, or for the
24.30complete record of a certificate of assumed name. The secretary of state shall charge a
24.31fee of $3 for a copy of any or all subsequent filings of a corporation, limited partnership,
24.32assumed name, or trade or service mark. The secretary of state shall charge a fee of $1 per
24.33page for copies of other nonuniform commercial code documents filed with the secretary of
25.1state. At the time of filing, the secretary of state may provide at the public counter, without
25.2charge, a copy of a filing, ten or fewer pages in length, to the person making the filing.
25.3EFFECTIVE DATE.This section is effective August 1, 2007.
25.4 Sec. 11. [5.32] TEMPORARY TECHNOLOGY SURCHARGE.
25.5 Subdivision 1. Surcharge. For fiscal years 2008 and 2009, the following technology
25.6surcharges are imposed on the filing fees required under the following statutes:
25.7 (1) $25 for articles of incorporation filed under section 302A.151;
25.8 (2) $25 for articles of organization filed under section 322B.17;
25.9 (3) $25 for applications for certificates of authority to transact business in Minnesota
25.10filed under section 303.06;
25.11 (4) $20 for annual reports filed by non-Minnesota corporations under section
25.12303.14; and
25.13 (5) $50 for reinstatements to authority to transact business in Minnesota filed under
25.14section 303.19.
25.15 Subd. 2. Deposit. The surcharges listed in subdivision 1 shall be deposited into the
25.16uniform commercial code account.
25.17 Subd. 3. Expiration. This section expires June 30, 2009.
25.18 Sec. 12. [6.465] DEFINITIONS.
25.19 Subdivision 1. Application. For the purposes of this chapter, the terms defined in
25.20this section have the meaning given them.
25.21 Subd. 2. Political subdivision. "Political subdivision" means a county, home rule
25.22charter or statutory city, town, school district, metropolitan or regional agency, public
25.23corporation, political subdivision, or special district as defined in subdivision 3. "Political
25.24subdivision" does not include a metropolitan or regional agency or a public corporation
25.25audited by the legislative auditor.
25.26 Subd. 3. Special district. "Special district" means a public entity with a special
25.27or limited purpose, financed by property tax revenues or other public funds, that is
25.28not included in a city, county, or town financial report as a component of that local
25.29government, that is created or authorized by law, and that is governed by (1) persons
25.30directly elected to the governing board of the district, (2) persons appointed to the
25.31governing board of the district by local elected officials, (3) local elected officials who
25.32serve on the board by virtue of their elected office, or (4) a combination of these methods
25.33of selection. Special district includes special taxing districts listed in section 275.066.
26.1 Sec. 13. Minnesota Statutes 2006, section 6.47, is amended to read:
26.26.47 ACCOUNTING AND BUDGETING SYSTEMS; INVESTIGATION,
26.3FORMS.
26.4 The state auditor shall inquire into the accounting and budgeting systems of all
26.5local units of government political subdivisions and shall prescribe suitable systems of
26.6accounts and budgeting, and forms, books, and instructions concerning the same. At the
26.7request of anylocal unit of government political subdivision the state auditor may install
26.8such systems.The state auditor shall recommend a form for order- and warrant-checks of
26.9all local units of government which shall conform, so far as consistent with statutory and
26.10charter requirements, to approved banking practice in order to facilitate handling of such
26.11instruments by banks and other depositories.
26.12 Sec. 14. Minnesota Statutes 2006, section 6.51, is amended to read:
26.136.51SCHOOL DISTRICTS, TOWNS, AND STATUTORY CITIES OTHER
26.14POLITICAL SUBDIVISIONS.
26.15 All powers and duties of the state auditor herein imposed and conferred with respect
26.16to the supervision, inspection, and examination of books and accounts of cities in section
26.176.50
are herewith extended to all school districts, towns, and statutory cities political
26.18subdivisions of this state. A copy of the report of such examination shall be filed, subject
26.19to public inspection, with the clerk or chief administrative officer of thetown, statutory
26.20city, or school district political subdivision receiving such examination, and an additional
26.21copy with the county auditor of the county in which the administrative offices ofsuch
26.22town, statutory city, or school district the political subdivision are located. If such report
26.23disclose malfeasance, misfeasance, or nonfeasance in office, the state auditor shall file
26.24such copy with the county attorney of the county in which the administrative offices of
26.25such school district, town, or statutory city the political subdivision are located, and the
26.26county attorney shall institute such proceedings as the law and the public interest require.
26.27 Sec. 15. Minnesota Statutes 2006, section 6.54, is amended to read:
26.286.54 EXAMINATION OFCOUNTY AND MUNICIPAL POLITICAL
26.29SUBDIVISION RECORDS PURSUANT TO PETITION.
26.30 Subdivision 1. Petition of voters for audit. The registered voters in acounty or
26.31home rule charter or statutory city political subdivision other than a town or school district
26.32or the electors at an annual or special town meeting of a town may petition the state
26.33auditor to examine the books, records, accounts, and affairs of thecounty, home rule
27.1charter or statutory city, town, political subdivision or of any organizational unit, activity,
27.2project, enterprise, or fund thereof; and the scope of the examination may be limited by the
27.3petition, but the examination shall cover, at least, all cash received and disbursed and the
27.4transactions relating thereto, provided that the state auditor shall not examine more than
27.5the six latest years preceding the circulation of the petition, unless it appears to the state
27.6auditor during the examination that the audit period should be extended to permit a full
27.7recovery under bonds furnished by public officers or employees, and may if it appears to
27.8the auditor in the public interest confine the period or the scope of audit or both period and
27.9scope of audit, to less than that requested by the petition. In the case of acounty or home
27.10rule charter or statutory city political subdivision other than a town or school district, the
27.11petition shall be signed by a number of registered voters at least equal to 20 percent of
27.12those voting in the last presidential election.
27.13 Subd. 2. School districts. The eligible voters of any school district may petition the
27.14state auditor, who shall be subject to the same restrictions regarding the scope and period
27.15of audit, provided that the petition shall be signed by at least ten eligible voters for each 50
27.16resident pupils in average daily membership during the preceding school year as shown on
27.17the records in the office of the commissioner of education. In the case of school districts,
27.18the petition shall be signed by at least ten eligible voters.
27.19 Subd. 3. Certifications required. At the time it is circulated, every petition shall
27.20contain a statement that the cost of the audit will be borne by thecounty, city, or school
27.21district political subdivision as provided by law. Thirty days before the petition is
27.22delivered to the state auditor it shall be presented to the appropriatecity or school district
27.23clerk or chief administrative officer of the political subdivision and the county auditor.
27.24The county auditor shall determine and certify whether the petition is signed by the
27.25required number of registered voters or eligible voters as the case may be. The certificate
27.26shall be conclusive evidence thereof in any action or proceeding for the recovery of the
27.27costs, charges, and expenses of any examination made pursuant to the petition.
27.28 Sec. 16. Minnesota Statutes 2006, section 6.55, is amended to read:
27.296.55 EXAMINATION OF RECORDS PURSUANT TO RESOLUTION OF
27.30GOVERNING BODY.
27.31 The governing body of anycity, town, county or school district, political subdivision
27.32by appropriate resolution may ask the state auditor to examine the books, records,
27.33accounts and affairs of their government, or of any organizational unit, activity, project,
27.34enterprise, or fund thereof; and the state auditor shall examine the same upon receiving,
27.35pursuant to said resolution, a written request signed by a majority of the members of the
28.1governing body; and the governing body of anypublic utility commission, or of any
28.2public corporation having a body politic and corporate political subdivision, or of any
28.3instrumentality joint or several of anycity, town, county, or school district political
28.4subdivision, may request an audit of its books, records, accounts and affairs in the same
28.5manner; provided that the scope of the examination may be limited by the request, but
28.6such examination shall cover, at least, all cash received and disbursed and the transactions
28.7relating thereto. Such written request shall be presented to the clerk,or recording officer,
28.8or chief administrative officer ofsuch city, town, county, school district, public utility
28.9commission, public corporation, the political subdivision or instrumentality, before
28.10being presented to the state auditor, who shall determine whether the same is signed
28.11by a majority of the members of such governing body and, if found to be so signed,
28.12shall certify such fact, and the fact that such resolution was passed, which certificate
28.13shall be conclusive evidence thereof in any action or proceedings for the recovery of the
28.14costs, charges and expenses of any examination made pursuant to such request. Nothing
28.15contained in any of the laws of the state relating to the state auditor, shall be so construed
28.16as to prevent anycounty, city, town, or school district political subdivision from employing
28.17a certified public accountant to examine its books, records, accounts, and affairs. For the
28.18purposes of this section, the governing body of a town is the town board.
28.19 Sec. 17. Minnesota Statutes 2006, section 6.551, is amended to read:
28.206.551 EXAMINATION OF GRANTEES AND CONTRACTORS OFLOCAL
28.21GOVERNMENTS POLITICAL SUBDIVISIONS.
28.22 The state auditor may examine the books, records, documents, and accounting
28.23procedures and practices of a contractor or grantee of alocal government political
28.24subdivision pursuant to section16C.05, subdivision 5 . The examination shall be limited to
28.25the books, records, documents, and accounting procedures and practices that are relevant
28.26to the contract or transaction with thelocal government political subdivision.
28.27 Sec. 18. Minnesota Statutes 2006, section 6.57, is amended to read:
28.286.57 COST OF EXAMINATION, COLLECTION.
28.29 On Julyfirst, 1 of each year, the state auditor shall certify all uncollected claims for
28.30the examination of anycounty, city, town, or school district which political subdivision
28.31that have remained unpaid for a period of three months from the date of such claim. The
28.32auditor shall forthwith notify the clerk,or recording officer, or chief administrative officer
28.33of eachcounty, city, town, or school district political subdivision against which the state
28.34has a claim that, if the same is not paid, with interest at the rate of six percent per annum
29.1from the date of the claim, within 90 days, the full amount thereof will be certified to the
29.2county auditor of the county having such examination, or to the county auditor for the
29.3county or counties in whichsuch city, town, or school district the political subdivision is
29.4situated, for collection by special tax levy, as herein provided. Such notice shall be served
29.5by certified mail and the deposit thereof in the United States mail shall constitute due and
29.6legal service thereof upon thecounty, city, town, or school district political subdivision.
29.7 Sec. 19. Minnesota Statutes 2006, section 6.59, is amended to read:
29.86.59 CLAIM OF STATE FOR COST OF EXAMINATION, CONTEST.
29.9 On or before Septemberfirst 1 of each year, following service of the notice, any such
29.10county, city, town, or school district political subdivision may serve notice, in writing,
29.11upon the attorney general that it desires to contest the legality of the state's claim, and
29.12the attorney general shall forthwith file with the court administrator of the district court
29.13of the county having such examination, or in whichsuch city, town, or school district
29.14the political subdivision, or major part thereof, is situated, a verified statement of the
29.15state's claim, duly itemized and serve upon the auditoror, clerk, or chief administrative
29.16officer ofsuch county, city, town, or school district the political subdivision, by certified
29.17mail, a copy of such statement.Such county, city, town, or school district The political
29.18subdivision may file with the court administrator of such district court, within ten days
29.19after the service of such statement upon it, verified objections to the state's claim, and such
29.20district court shall thereupon summarily, in or out of term, hear and determine the amount
29.21due the state, if any, for such examination, at a time and place fixed by the court therefor.
29.22The court administrator of court shall certify to the county auditor of the county having
29.23such examination, or to the county auditor of the county or counties in whichsuch city,
29.24town, or school district the political subdivision is situated, the amount so determined
29.25by the court to be due to the state, if any.
29.26 Sec. 20. Minnesota Statutes 2006, section 6.60, is amended to read:
29.276.60 STATE AUDITOR, CERTIFICATION OF AMOUNTS DUE.
29.28 On Octoberfirst, 1 of each year, the state auditor shall certify the respective amounts
29.29due the state from the variouscounties, cities, towns, and school districts political
29.30subdivisions, including interest computed to July first, following, to the county auditor of
29.31the county having such examination, or to the county auditor of the county in which any
29.32such city, town, or school district political subdivision is, in whole or in part, situated. The
29.33county auditor, upon receiving a certificate from the state auditor, or a certificate from the
29.34court administrator, as provided in section6.59 , shall include the amount of the state's
30.1claim, with 25 percent added, in the tax levy for general revenue purposes of thecounty or
30.2municipality political subdivision liable therefor, and such additional levy shall not be
30.3within any limitation imposed by law upon the amount of taxes which may be levied for
30.4revenue purposes. Upon completion of the June tax settlement following such levy the
30.5county treasurer shall deduct from the amount apportioned to thecounty or municipality
30.6political subdivision for general revenue purposes, the amount due the state, including
30.7interest, and remit the same to the commissioner of finance.
30.8 Sec. 21. Minnesota Statutes 2006, section 6.62, subdivision 2, is amended to read:
30.9 Subd. 2. Cost of postaudit. The amount of said levy shall be the amount of the
30.10claim or claims submitted by the state auditor for such services or the auditor's estimate of
30.11the entire cost, and said amount shall be certified by the governing body, after the request
30.12or petition for the audit has been filed, to the county auditor, along with amounts requested
30.13for other governmental purposes. If such levy has been made in excess of statutory
30.14limitations, and if the request or petition is withdrawn after the amount of the levy has
30.15been certified but the levy cannot be canceled because it has been spread on the tax lists,
30.16the governing body shall cause the proceeds of such levy to be transferred to the general
30.17fund and reduce the succeeding year's levy for general purposes accordingly. Provided,
30.18however,counties, cities, and other governmental units political subdivisions whose
30.19financial affairs are required by statute or charter to be audited at regular intervals may
30.20levy annually or biennially in anticipation of the audit expense, without the presentment of
30.21such claim or estimate by the state auditor.
30.22 Sec. 22. Minnesota Statutes 2006, section 6.63, is amended to read:
30.236.63 APPLICATION.
30.24 The units of government set forth in sections6.56,
6.465, 6.57 ,
6.59 ,
6.60 , and
6.62
30.25shall be construed, where applicable, to include, in addition to those therein specifically
30.26named, public utility commissions, public corporations, and instrumentalities.
30.27 Sec. 23. Minnesota Statutes 2006, section 6.64, is amended to read:
30.286.64 COOPERATION WITH PUBLIC ACCOUNTANTS; PUBLIC
30.29ACCOUNTANT DEFINED.
30.30 There shall be mutual cooperation between the state auditor and public accountants
30.31in the performance of auditing, accounting, and other related services forcounties, cities,
30.32towns, school districts, and other public corporations political subdivisions. For the
31.1purposes of sections6.64 to
6.71 and section 6.756, the term public accountant shall have
31.2the meaning ascribed to it in section412.222 .
31.3 Sec. 24. Minnesota Statutes 2006, section 6.65, is amended to read:
31.46.65 MINIMUM PROCEDURES FOR AUDITORS, PRESCRIBED.
31.5 The state auditor shall prescribe minimum procedures and the audit scope for
31.6auditing the books, records, accounts, and affairs ofcounties and local governments
31.7political subdivisions in Minnesota. The minimum scope for audits of alllocal
31.8governments political subdivisions must include financial and legal compliance audits.
31.9Audits of all school districts must include a determination of compliance with uniform
31.10financial accounting and reporting standards. The state auditor shall promulgate an
31.11audit guide for legal compliance audits, in consultation with representatives of the state
31.12auditor, the attorney general, towns, cities, counties, school districts, and private sector
31.13public accountants.
31.14 Sec. 25. Minnesota Statutes 2006, section 6.66, is amended to read:
31.156.66 CERTAIN PRACTICES OF PUBLIC ACCOUNTANTS AUTHORIZED.
31.16 Any public accountant may engage in the practice of auditing the books, records,
31.17accounts, and affairs ofcounties, cities, towns, school districts, and other public
31.18corporations which political subdivisions that are not otherwise required by law to be
31.19audited exclusively by the state auditor.
31.20 Sec. 26. Minnesota Statutes 2006, section 6.67, is amended to read:
31.216.67 PUBLIC ACCOUNTANTS; REPORT OF EVIDENCE POINTING TO
31.22MISCONDUCT.
31.23 Whenever a public accountant in the course of auditing the books and affairs of a
31.24county, city, town, school district, or other public corporations, political subdivision shall
31.25discover evidence pointing to nonfeasance, misfeasance, or malfeasance, on the part of
31.26an officer or employee in the conduct of duties and affairs, the public accountant shall
31.27promptly make a report of such discovery to the state auditor and the county attorney of
31.28the county in which thegovernmental unit political subdivision is situated and the public
31.29accountant shall also furnish a copy of the report of audit upon completion to said officers.
31.30The county attorney shall act on such report in the same manner as required by law for
31.31reports made to the county attorney by the state auditor.
32.1 Sec. 27. Minnesota Statutes 2006, section 6.68, is amended to read:
32.26.68 STATE AUDITOR MAY ASSIST PUBLIC ACCOUNTANT IN AUDIT.
32.3 Subdivision 1. Request to governing body. If in an audit of acounty, city, town,
32.4school district, or other public corporation, political subdivision a public accountant has
32.5need of the assistance of the state auditor, the accountant may obtain such assistance
32.6by requesting the governing body of thegovernmental unit political subdivision being
32.7examined to request the state auditor to perform such auditing or investigative services, or
32.8both, as the matter and the public interest require.
32.9 Subd. 2. Auditor's report; payment. The state auditor shall work in close
32.10cooperation with the public accountant in rendering the services so requested and the
32.11state auditor shall make such report of findings to the county attorney as is required by
32.12law to be made of nonfeasance, misfeasance, and malfeasance discovered by the state
32.13auditor. Thegovernmental unit political subdivision shall be liable for the payment of
32.14such services so performed by the state auditor in the same manner as if it had requested
32.15the services pursuant to section6.55 .
32.16 Sec. 28. Minnesota Statutes 2006, section 6.70, is amended to read:
32.176.70 ACCESS TO REPORTS.
32.18 The state auditor and the public accountants shall have reasonable access to each
32.19other's audit reports, working papers, and audit programs concerning audits made by each
32.20ofcounties, cities, towns, school districts, and other public corporations the political
32.21subdivisions.
32.22 Sec. 29. Minnesota Statutes 2006, section 6.71, is amended to read:
32.236.71 SCOPE OF AUDITOR'S INVESTIGATION.
32.24 Whenever the governing body of acounty, city, town, or school district political
32.25subdivision shall have requested a public accountant to make an audit of its books and
32.26affairs, and such audit is in progress or has been completed, and registered voters or
32.27electors petition or the governing body requests or both the state auditor to make an
32.28examination covering the same, or part of the same, period, the state auditor may, in the
32.29public interest, limit the scope of the examination to less than that specified in section
32.306.54
, but the scope shall cover, at least, an investigation of those complaints which are
32.31within the state auditor's powers and duties to investigate.
33.1 Sec. 30. Minnesota Statutes 2006, section 6.715, is amended by adding a subdivision
33.2to read:
33.3 Subd. 5. Review of data; data protection. If, before releasing a report, the state
33.4auditor provides a person with data relating to the audit for the purpose of review and
33.5verification of the data, the person must protect the data from unlawful disclosure or be
33.6subject to the penalties and liabilities provided in sections 13.08 and 13.09.
33.7 Sec. 31. [6.756] SPECIAL DISTRICTS; INFORMATION REQUIRED TO BE
33.8FILED WITH STATE AUDITOR; AUDITS.
33.9 Subdivision 1. Governance documents must be filed. Each special district must
33.10file with the state auditor, within 60 days of adoption, any document relating to the
33.11governance of the district, including articles of incorporation, bylaws, or agreements,
33.12and any amendment to these documents.
33.13 Subd. 2. Audit requirements. (a) A special district with total annual revenue
33.14greater than the threshold amount for cities under section 412.591, subdivision 3,
33.15paragraph (b), must provide for an annual audit of the district's financial affairs by the
33.16state auditor or a public accountant in accordance with minimum auditing procedures
33.17prescribed by the state auditor.
33.18 (b) A special district with total annual revenue that is equal to or less than the
33.19threshold amount for cities under section 412.591, subdivision 3, paragraph (b), must
33.20provide for an audit of the district's financial affairs by the state auditor or a public
33.21accountant in accordance with minimum audit procedures prescribed by the state auditor
33.22at least once every five years. The audit must be for a one-year period to be determined
33.23at random by the person conducting the audit. The audited financial statement must be
33.24prepared in a form prescribed by the state auditor similar to the reporting requirements for
33.25cities under 2,500 in population. For any year in which a special district is not audited,
33.26the district must prepare a financial statement in a form prescribed by the state auditor
33.27similar to the reporting requirements for cities reporting on a cash basis and file that
33.28statement with the state auditor.
33.29 (c) This subdivision does not apply to a special district subject to financial auditing
33.30and reporting requirements under other law.
33.31 Subd. 3. Presentation to governing board; filing with state auditor. Except as
33.32provided by other law, financial statements and audits must be completed, presented to the
33.33district's governing board, and filed with the state auditor within 180 days after the end of
33.34the district's fiscal year.
34.1 Sec. 32. [8.37] ASSISTANCE TO VETERANS.
34.2 The attorney general may advise and assist veterans and their families as to services
34.3available from public and private agencies. For purposes of this section, "veteran" means
34.4any veteran or active member of the United States armed services, including the National
34.5Guard and Reserves.
34.6 Sec. 33. [11A.27] REPORT ON INVESTMENT CONSULTANT ACTIVITIES
34.7AND DELIVERABLES.
34.8 (a) Annually, on or before November 1, the State Board of Investment shall file a
34.9report with the Legislative Reference Library on the activities and work product during
34.10that year of any investment consultants retained by the board.
34.11 (b) The report must include the following items:
34.12 (1) the total contract fee paid to each investment consultant;
34.13 (2) a listing of the projects in which the investment consultant was involved; and
34.14 (3) examples of the written work product provided by the investment consultant on
34.15those projects during the report coverage period.
34.16EFFECTIVE DATE.This section is effective June 30, 2007.
34.17 Sec. 34. [12.62] MINNESOTA LEGISLATIVE COMMISSION ON TERRORISM
34.18AND DISASTER PREPAREDNESS.
34.19 Subdivision 1. Creation; duties. The Legislative Commission on Terrorism and
34.20Disaster Preparedness is established to:
34.21 (1) advise the legislature on issues related to homeland security, emergency
34.22management, man-made and natural disasters, terrorism, bioterrorism, public health
34.23emergencies, and vulnerabilities in the public and private infrastructures;
34.24 (2) oversee the disaster preparation activities of the Department of Health,
34.25Department of Public Safety, and any other state agency, office, commission, or board that
34.26is within the commission's purview, and make recommendations to these organizations of
34.27changes or additions to the organizations' disaster preparedness and risk reduction work
34.28plans that the commission deems advisable; and
34.29 (3) make policy and finance recommendations to improve the state's public and
34.30private capacity to prevent, respond to, and recover from man-made and natural threats to
34.31the state.
34.32 Subd. 2. Membership. (a) The commission consists of:
34.33 (1) three members of the house of representatives, one of whom must be a member
34.34of the minority party, to be appointed by the speaker of the house of representatives;
35.1 (2) three members of the senate, one of whom must be a member of the minority
35.2party, to be appointed by the senate majority leader;
35.3 (3) the commissioner of public safety, or a designee, as an ex-officio member;
35.4 (4) the commissioner of health, or a designee, as an ex-officio member;
35.5 (5) the attorney general, or a designee, as an ex-officio member;
35.6 (6) two citizen members with relevant expertise, selected by the speaker of the
35.7house of representatives;
35.8 (7) two citizen members with relevant expertise, selected by the senate majority
35.9leader;
35.10 (8) two citizen members, selected by the speaker of the house of representatives; and
35.11 (9) two citizen members, selected by the senate majority leader.
35.12 (b) Members serve for a term expiring at the close of each regular session of the
35.13legislature but continue to serve until their successors are appointed. Members may be
35.14reappointed. The appointing authority shall fill vacancies.
35.15 (c) One member, elected by a majority of members, shall serve as the commission
35.16chair. The commission chair should have relevant subject matter education, training, and
35.17experience. The commission is authorized to elect a vice-chair and other officers as it
35.18deems necessary. The commission shall determine the duties of each officer.
35.19 (d) The commission chair shall convene meetings of the commission on a regular
35.20basis.
35.21 Subd. 3. Compensation. Compensation of legislative members is as provided in
35.22section 3.101. Compensation of the remaining members is as provided in section 15.0575.
35.23 Subd. 4. Staff. The commission may appoint and fix the compensation of such
35.24additional legal and other personnel and consultants or contract for services to supply
35.25necessary data as may be necessary to enable the commission to carry out its functions.
35.26 Subd. 5. Data from state agencies; availability. The commission may request
35.27information from any state officer or agency or political subdivision of the state in order to
35.28assist the commission in carrying out its duties and the state officer, agency, or subdivision
35.29must promptly furnish any data required, subject to applicable requirements or restrictions
35.30imposed by chapter 13 and section 15.17.
35.31 Subd. 6. Report. By January 15 of each year, the commission must submit a
35.32report that contains the commission's policy and appropriation recommendations to the
35.33legislature, the commissioner of health, and the commissioner of public safety.
35.34 Subd. 7. Repeal. This section is repealed June 30, 2011.
35.35EFFECTIVE DATE.This section is effective July 1, 2007.
36.1 Sec. 35. [13.595] GRANTS.
36.2 Subdivision 1. Definitions. For purposes of this section, the following terms have
36.3the meanings given them.
36.4 (a) "Completion of the evaluation process" means that the granting agency has
36.5completed negotiating the grant agreement with the selected grantee.
36.6 (b) "Grant agreement" means the document that details the responsibilities of the
36.7grantee and the granting agency and the value to be provided to the grantee.
36.8 (c) "Grantee" means a person that applies for or receives a grant.
36.9 (d) "Granting agency" means the government entity that provides the grant.
36.10 (e) "Opened" means the act that occurs once the deadline for submitting a response
36.11to a proposal to the granting agency has been reached.
36.12 (f) "Request for proposal" means the data outlining the responsibilities the granting
36.13agency wants the grantee to assume.
36.14 (g) "Response" means the data submitted by a grantee as required by a request for
36.15proposal.
36.16 Subd. 2. Request for applications. Data created by a granting agency to create a
36.17request for proposal is classified as nonpublic until the request for proposal is published.
36.18To the extent that a granting agency involves persons outside the granting agency to create
36.19the request for proposal, the data remain nonpublic in the hands of all persons who may
36.20not further disseminate any data that are created or reviewed as part of the request for
36.21proposal development. At publication, the data in the request for proposal is public.
36.22 Subd. 3. Responses to request for proposals. (a) Responses submitted by a grantee
36.23are private or nonpublic until the responses are opened. Once the responses are opened,
36.24the name and address of the grantee and the amount requested is public. All other data in a
36.25response is private or nonpublic data until completion of the evaluation process. After a
36.26granting agency has completed the evaluation process, all remaining data in the responses
36.27is public with the exception of trade secret data as defined and classified in section 13.37.
36.28A statement by a grantee that the response is copyrighted or otherwise protected does
36.29not prevent public access to the response.
36.30 (b) If all responses are rejected prior to completion of the evaluation process,
36.31all data, other than that made public at the opening, remain private or nonpublic
36.32until a resolicitation of proposals results in completion of the evaluation process or a
36.33determination is made to abandon the grant. If the rejection occurs after the completion of
36.34the evaluation process, the data remain public. If a resolicitation of proposals does not
36.35occur within one year of the grant opening date, the remaining data become public.
37.1 Subd. 4. Evaluation data. (a) Data created or maintained by a granting agency as
37.2part of the evaluation process referred to in this section are protected nonpublic data until
37.3completion of the evaluation process at which time the data are public with the exception
37.4of trade secret data as defined and classified in section 13.37.
37.5 (b) If a granting agency asks individuals outside the granting agency to assist with
37.6the evaluation of the responses, the granting agency may share not public data in the
37.7responses with those individuals. The individuals participating in the evaluation may not
37.8further disseminate the not public data they review.
37.9 Sec. 36. Minnesota Statutes 2006, section 13.605, subdivision 1, is amended to read:
37.10 Subdivision 1. Legislative and budget proposal data. (a) Definition. As used
37.11in this section, "state administration" means the governor's office, the Department of
37.12Finance, and any state agency that is under the direct control of the governor.
37.13 (b) Classifications. Legislative and budget proposals, including preliminary
37.14drafts, that are created, collected, or maintained by the state administration are protected
37.15nonpublic data. After until the budget is presented to the legislature by the state
37.16administration, supporting data, including agency requests, and are public data after the
37.17budget is presented to the legislature.Supporting data do not include preliminary drafts.
37.18The state administration may disclose any of the data within the state administration and
37.19to the public at any time if disclosure would aid the administration in considering and
37.20preparing its proposals.
37.21 Sec. 37. [15B.055] PARKING SPACES.
37.22 To provide the public with greater access to legislative proceedings, all parking
37.23spaces on Aurora Avenue in front of the Capitol building must be reserved for the public.
37.24 Sec. 38. Minnesota Statutes 2006, section 15B.17, subdivision 1, is amended to read:
37.25 Subdivision 1. Proposals. (a) Before a state agency or other public body develops,
37.26to submit to the legislature and the governor, a budget proposal or plans for capital
37.27improvements within the Capitol Area to submit to the legislature and the governor,
37.28it must consult with the board.
37.29 (b) The public body must provide enough money for the board's review and planning
37.30if the board decides its review and planning services are necessary. Money received by the
37.31board under this subdivision is deposited in the special revenue fund and appropriated in
37.32fiscal years 2008 and 2009 to the board.
38.1 Sec. 39. Minnesota Statutes 2006, section 16A.103, subdivision 1e, is amended to read:
38.2 Subd. 1e. Economic information. The commissioner must review economic
38.3information including economic forecasts with legislative fiscal staff no later than two
38.4weeks before the forecast is released. The commissioner must invite the chairs and lead
38.5minority members of the senateState Government Finance Committee and the house
38.6Ways and Means Committee, and legislative fiscal staff to attend any meetings held with
38.7outside economic advisors. The commissioner must provide legislative fiscal staff with
38.8monthly economic forecast information received from outside sources.
38.9 Sec. 40. [16A.104] BASE BUDGET DETAIL.
38.10 Within one week of the release of the budget forecasts required in section 16A.103
38.11in November of an even-numbered year and February of an odd-numbered year, the
38.12commissioner of finance must provide to the legislature information that illustrates how the
38.13base level budget for the next biennium is projected to be spent. In designing the report,
38.14the commissioner must consult with the chairs of the house of representatives and senate
38.15Finance Committees and the house of representatives Committee on Ways and Means.
38.16 Sec. 41. [16A.107] CASH FLOW FORECAST.
38.17 Within two weeks after the November forecast of state revenue and expenditures
38.18under section 16A.103, the commissioner shall deliver to the governor and the legislature
38.19a forecast of cash flow for the general fund, showing the expected maximum and minimum
38.20cash balance in the fund for each month of the forecast period.
38.21 Sec. 42. Minnesota Statutes 2006, section 16A.11, is amended by adding a subdivision
38.22to read:
38.23 Subd. 3d. Budget bills. The necessary bills to implement the governor's operating
38.24budget must be submitted to the legislature within two weeks after the operating budget
38.25was submitted. The necessary bills to implement the governor's capital budget must be
38.26submitted to the legislature within two weeks after the capital budget was submitted.
38.27 Sec. 43. [16A.117] CONTINUING APPROPRIATIONS.
38.28 If a major appropriation bill to fund a given state agency for the next biennium has
38.29not been passed in the same form by the house of representatives and senate and been
38.30presented to the governor before July 1 of an odd-numbered year, amounts sufficient to
38.31continue operation of that agency and the programs administered by that agency through
38.32July 31 of the fiscal year beginning in the same calendar year at the base level for that
39.1fiscal year, as determined according to section 16A.11, subdivision 3, and previous
39.2appropriation acts, are appropriated to the agency from the appropriate funds and accounts
39.3in the state treasury. The base level for an appropriation that was designated as onetime or
39.4was onetime in nature is zero. Determination of the amount appropriated may be made
39.5on a proration of the annual amount or another reasonable basis as determined by the
39.6commissioner of finance.
39.7 Sec. 44. Minnesota Statutes 2006, section 16A.1286, subdivision 2, is amended to read:
39.8 Subd. 2. Billing procedures. The commissioner may bill up to $7,520,000 in
39.9each fiscal year for statewide systems services provided to state agencies, judicial branch
39.10agencies, the University of Minnesota, the Minnesota State Colleges and Universities,
39.11and other entities.Billing must be based only on usage of services relating to statewide
39.12systems provided by the Intertechnologies Division. Each agency shall transfer from
39.13agency operating appropriations to the statewide systems account the amount billed by
39.14the commissioner. Billing policies and procedures related to statewide systems services
39.15must be developed by the commissioner in consultation with the commissioners of
39.16employee relations and administration, the University of Minnesota, and the Minnesota
39.17State Colleges and Universities.
39.18 Sec. 45. [16B.327] DEFINITIONS.
39.19 Subdivision 1. Application. For the purposes of section 16B.328, the definitions
39.20in this section have the meanings given.
39.21 Subd. 2. Energy conservation. "Energy conservation" means reducing energy use
39.22and includes: (1) using a light with lower wattage; and (2) using devices such as time
39.23controls, motion detectors, or on and off switches that limit unnecessary use of lighting.
39.24 Subd. 3. Cutoff luminaire. "Cutoff luminaire" means a luminaire in which 2.5
39.25percent or less of the lamp lumens are emitted above a horizontal plane through the
39.26luminaire's lowest part and ten percent or less of the lamp lumens are emitted at a vertical
39.27angle 80 degrees above the luminaire's lowest point.
39.28 Subd. 4. Light pollution. "Light pollution" means the shining of light produced by
39.29a luminaire above the height of the luminaire and into the sky.
39.30 Subd. 5. Lumen. "Lumen" means a unit of luminous flux. One footcandle is one
39.31lumen per square foot. For purposes of section 16B.328, the lumen-output values are
39.32the initial lumen output rating of the lamp.
39.33 Subd. 6. Luminaire "Luminaire" means a complete lighting unit consisting of a
39.34light source and all necessary mechanical, electrical, and decorative parts.
40.1 Subd. 7. Outdoor lighting fixture. "Outdoor lighting fixture" means any type of
40.2fixed or movable lighting equipment that is designed or used for illumination outdoors.
40.3The term includes billboard lighting, streetlights, searchlights, and other lighting used for
40.4advertising purposes and area lighting. The term does not include lighting equipment
40.5that is required by law to be installed on motor vehicles or lighting required for the safe
40.6operation of aircraft.
40.7 Sec. 46. [16B.328] STANDARDS FOR STATE FUNDED OUTDOOR LIGHTING
40.8FIXTURES; MODEL ORDINANCE.
40.9 Subdivision 1. Outdoor lighting fixtures. (a) An outdoor lighting fixture may be
40.10installed or replaced using state funds only if:
40.11 (1) the new or replacement outdoor lighting fixture is a cutoff luminaire if the rated
40.12output of the outdoor lighting fixture is greater than 1,800 lumens;
40.13 (2) the minimum illuminance adequate for the intended purpose is used with
40.14consideration given to nationally recognized standards;
40.15 (3) for lighting of a designated highway of the state highway system, the Department
40.16of Transportation determines that the purpose of the outdoor lighting fixture cannot be
40.17achieved by the installation of reflective road markers, lines, warning or informational
40.18signs, or other effective passive methods; and
40.19 (4) full consideration has been given to energy conservation and savings, reducing
40.20glare, minimizing light pollution, and preserving the natural night environment.
40.21 (b) Paragraph (a) does not apply if:
40.22 (1) a federal law, rule, or regulation preempts state law;
40.23 (2) the outdoor lighting fixture is used on a temporary basis because emergency
40.24personnel require additional illumination for emergency procedures;
40.25 (3) the outdoor lighting fixture is used on a temporary basis for nighttime work;
40.26 (4) special events or situations require additional illumination, provided that the
40.27illumination installed shields the outdoor lighting fixtures from direct view and minimizes
40.28upward lighting and light pollution;
40.29 (5) the outdoor lighting fixture is used solely to highlight the aesthetic aspects of
40.30a single object or distinctive building; or
40.31 (6) a compelling safety interest exists that cannot be addressed by another method.
40.32 (c) This subdivision does not apply to the operation and maintenance of lights or
40.33lighting systems purchased or installed, or for which design work is completed, before
40.34August 1, 2007.
41.1 (d) This section does not apply if a state agency or local unit of government
41.2determines that compliance with this section would:
41.3 (i) require an increased use of electricity;
41.4 (ii) increase the construction cost of a lighting system more than 15 percent over the
41.5construction cost of a lighting system that does not comply with this section;
41.6 (iii) increase the cost of operation and maintenance of the lighting system more than
41.7ten percent over the cost of operating and maintaining the existing lighting system over
41.8the life of the lighting system; or
41.9 (iv) result in a negative safety impact.
41.10 Subd. 2. Model ordinance. The commissioner of administration, in consultation
41.11with the commissioner of commerce, associations for local governments, and any other
41.12interested person, shall develop a model ordinance that can be adapted for use by cities,
41.13counties, and towns, governing outdoor lighting to reduce light pollution. The model
41.14ordinance must include provisions addressing elements similar to those in subdivision 1.
41.15In addition, the model ordinance must address:
41.16 (1) standards for lighting on private property, outdoor advertising, lighting on
41.17commercial, industrial, or institutional property, canopies covering fueling stations, and
41.18public streets, sidewalks, and alleys;
41.19 (2) how illumination levels should be measured;
41.20 (3) possible exemptions, such as for temporary emergency or hazard lighting;
41.21 (4) recommended elements for an exterior lighting plan for a development;
41.22 (5) treatment of nonconforming lighting;
41.23 (6) lighting standards that might apply in special subdistricts;
41.24 (7) light pole maximum heights; and
41.25 (8) light trespass.
41.26 Sec. 47. Minnesota Statutes 2006, section 16B.35, subdivision 1, is amended to read:
41.27 Subdivision 1. Percent of appropriations for art. An appropriation for the
41.28construction or alteration of any state building may contain an amount not to exceed
41.29the lesser of $100,000 or one percent of the total appropriation for the building for the
41.30acquisition of works of art, excluding landscaping, which may be an integral part of the
41.31building or its grounds, attached to the building or grounds or capable of being displayed
41.32in other state buildings.If the appropriation for works of art is limited by the $100,000
41.33cap in this section, the appropriation for the construction or alteration of the building must
41.34be reduced to reflect the reduced amount that will be spent on works of art. Money used
41.35for this purpose is available only for the acquisition of works of art to be exhibited in areas
42.1of a building or its grounds accessible, on a regular basis, to members of the public. No
42.2more than ten percent of the total amount available each fiscal year under this subdivision
42.3may be used for administrative expenses, either by the commissioner of administration or
42.4by any other entity to whom the commissioner delegates administrative authority. For the
42.5purposes of this section "state building" means a building the construction or alteration of
42.6which is paid for wholly or in part by the state.
42.7EFFECTIVE DATE.This section is effective July 1, 2007. The repeal of the
42.8$100,000 limit in this section applies to appropriations made before, on, or after that date.
42.9 Sec. 48. [16B.97] GRANTS MANAGEMENT.
42.10 Subdivision 1. Grant agreement. (a) A grant agreement is a written instrument
42.11or electronic document defining a legal relationship between a granting agency and a
42.12grantee when the principal purpose of the relationship is to transfer cash or something of
42.13value to the recipient to support a public purpose authorized by law instead of acquiring
42.14by professional/technical contract, purchase, lease, or barter property or services for the
42.15direct benefit or use of the granting agency.
42.16 (b) This section does not apply to capital project grants to political subdivisions as
42.17defined by section 16A.86.
42.18 Subd. 2. Grants governance. The commissioner shall provide leadership and
42.19direction for policy related to grants management in Minnesota in order to foster more
42.20consistent, streamlined interaction between executive agencies, funders, and grantees that
42.21will enhance access to grant opportunities and information and lead to greater program
42.22accountability and transparency. The commissioner has the duties and powers stated in this
42.23section. An executive agency must do what the commissioner requires under this section.
42.24 Subd. 3. Discretionary powers. The commissioner has the authority to:
42.25 (1) review grants management practices and propose policy and procedure
42.26improvements to the governor, legislature, executive agencies, and the federal government;
42.27 (2) sponsor, support, and facilitate innovative and collaborative grants management
42.28projects with public and private organizations;
42.29 (3) review, recommend, and implement alternative strategies for grants management;
42.30 (4) collect and disseminate information, issue reports relating to grants management,
42.31and sponsor and conduct conferences and studies; and
42.32 (5) participate in conferences and other appropriate activities related to grants
42.33management issues.
42.34 Subd. 4. Duties. (a) The commissioner shall:
43.1 (1) create general grants management policies and procedures that are applicable to
43.2all executive agencies. The commissioner may approve exceptions to these policies and
43.3procedures for particular grant programs. Exceptions shall expire or be renewed after five
43.4years. Executive agencies shall retain management of individual grants programs;
43.5 (2) provide a central point of contact concerning statewide grants management
43.6policies and procedures;
43.7 (3) serve as a resource to executive agencies in such areas as training, evaluation,
43.8collaboration, and best practices in grants management;
43.9 (4) ensure grants management needs are considered in the development, upgrade,
43.10and use of statewide administrative systems and leverage existing technology whereever
43.11possible;
43.12 (5) oversee and approve future professional and technical service contracts and
43.13other information technology spending related to executive agency grants management
43.14activities;
43.15 (6) provide a central point of contact for comments about executive agencies
43.16violating statewide grants governance policies and about fraud and waste in grants
43.17processes;
43.18 (7) forward received comments to the appropriate agency for further action, and
43.19may follow up as necessary; and
43.20 (8) provide a single listing of all available executive agency competitive grant
43.21opportunities and resulting grant recipients.
43.22 (b) The commissioner may determine that it is cost-effective for agencies to develop
43.23and use shared grants management technology systems. This system would be governed
43.24under section 16E.01, subdivision 3, paragraph (b).
43.25 (c) The duties assigned to the commissioner in this subdivision with respect to
43.26grants also apply to easements granted by executive agencies.
43.27 Sec. 49. [16B.98] GRANT AGREEMENTS.
43.28 Subdivision 1. Limitation. As a condition of receiving a grant from an appropriation
43.29of state funds, the recipient of the grant must agree to minimize administrative costs. The
43.30granting agency is responsible for negotiating appropriate limits to these costs so that the
43.31state derives the optimum benefit for grant funding.
43.32 Subd. 2. Ethical practices and conflict of interest. An employee of the executive
43.33branch involved directly or indirectly in grants processes, at any level, is subject to the
43.34code of ethics in section 43A.38.
44.1 Subd. 3. Conflict of interest. (a) The commissioner must develop policies
44.2regarding code of ethics and conflict of interest designed to prevent conflicts of interest
44.3for employees, committee members, or others involved in the recommendation, award,
44.4and administration of grants. The policies must apply to employees who are directly or
44.5indirectly in the grants process, which may include the following:
44.6 (1) developing request for proposals or evaluation criteria;
44.7 (2) drafting, recommending, awarding, amending, revising, or entering into grant
44.8agreements;
44.9 (3) evaluating or monitoring performance; or
44.10 (4) authorizing payments.
44.11 (b) The policies must include:
44.12 (1) a process to make all parties to the grant aware of policies and laws relating to
44.13conflict of interest, and training on how to avoid and address potential conflicts; and
44.14 (2) a process under which those who have a conflict of interest or a potential conflict
44.15of interest must disclose the matter.
44.16 (c) If the employee, appointing authority, or commissioner determines that a conflict
44.17of interest exists, the matter shall be assigned to another employee who does not have a
44.18conflict of interest. If it is not possible to assign the matter to an employee who does not
44.19have a conflict of interest, interested personnel shall be notified of the conflict and the
44.20employee may proceed with the assignment.
44.21 Subd. 4. Reporting of violations. A state employee who discovers evidence
44.22of violation of laws or rules governing grants is encouraged to report the violation or
44.23suspected violation to the employee's supervisor, the commissioner or the commissioner's
44.24designee, or the legislative auditor. The legislative auditor shall report to the Legislative
44.25Audit Commission if there are multiple complaints about the same agency. The auditor's
44.26report to the Legislative Audit Commission under this section must disclose only the
44.27number and type of violations alleged. An employee making a good faith report under this
44.28section has the protections provided for under section 181.932, prohibiting the employer
44.29from discriminating against the employee.
44.30 Subd. 5. Creation and validity of grant agreements. (a) A grant agreement is
44.31not valid and the state is not bound by the grant unless:
44.32 (1) the grant has been executed by the head of the agency or a delegate who is
44.33party to the grant; and
44.34 (2) the accounting system shows an encumbrance for the amount of the grant in
44.35accordance with policy approved by the commissioner.
45.1 (b) The combined grant agreement and amendments must not exceed five years
45.2without specific, written approval by the commissioner according to established policy,
45.3procedures, and standards, or unless the commissioner determines that a longer duration is
45.4in the best interest of the state.
45.5 (c) A fully executed copy of the grant agreement with all amendments and other
45.6required records relating to the grant must be kept on file at the granting agency for a time
45.7equal to that required of grantees in subdivision 8.
45.8 (d) Grant agreements must comply with policies established by the commissioner
45.9for minimum grant agreement standards and practices.
45.10 (e) The attorney general may periodically review and evaluate a sample of state
45.11agency grants to ensure compliance with applicable laws.
45.12 Subd. 6. Grant administration. A granting agency shall diligently administer
45.13and monitor any grant it has entered into.
45.14 Subd. 7. Grant payments. Payments to the grantee may not be issued until the
45.15grant agreement is fully executed.
45.16 Subd. 8. Audit. (a) A grant agreement made by an executive agency must include
45.17an expressed or implied audit clause that provides that the books, records, documents,
45.18and accounting procedures and practices of the grantee or other party that are relevant to
45.19the grant or transaction are subject to examination by the granting agency and either the
45.20legislative auditor or the state auditor, as appropriate, for a minimum of six years from the
45.21grant agreement end date, receipt and approval of all final reports, or the required period
45.22of time to satisfy all state and program retention requirements, whichever is later.
45.23 (b) If the granting agency is a local unit of government, and the governing body of
45.24the local unit of government requests that the state auditor examine the books, records,
45.25documents, and accounting procedures and practices of the grantee or other party
45.26according to this subdivision, the granting agency shall be liable for the cost of the
45.27examination. If the granting agency is a local unit of government, and the grantee or other
45.28party requests that the state auditor examine all books, records, documents, and accounting
45.29procedures and practices related to the grant, the grantee or other party that requested the
45.30examination shall be liable for the cost of the examination.
45.31 Subd. 9. Authority of attorney general. The attorney general may pursue
45.32remedies available by law to avoid the obligation of an agency to pay under a grant or to
45.33recover payments made if activities under the grant are so unsatisfactory, incomplete, or
45.34inconsistent that payment would involve unjust enrichment. The contrary opinion of the
45.35granting agency does not affect the power of the attorney general under this subdivision.
46.1 Subd. 10. Grants with Indian tribes and bands. Notwithstanding any other law,
46.2an agency may not require an Indian tribe or band to deny its sovereignty as a requirement
46.3or condition of a grant with an agency.
46.4 Sec. 50. Minnesota Statutes 2006, section 16C.02, is amended by adding a subdivision
46.5to read:
46.6 Subd. 3a. Best and final offer. "Best and final offer" means an optional step in
46.7the solicitation process in which responders are requested to improve their response by
46.8methods including, but not limited to, the reduction of cost, clarification or modification of
46.9the response, or the provision of additional information.
46.10 Sec. 51. Minnesota Statutes 2006, section 16C.02, subdivision 4, is amended to read:
46.11 Subd. 4. Best value. "Best value" describes a result intended in the acquisition of all
46.12goods and services. Price must be one of the evaluation criteria when acquiring goods
46.13and services. Other evaluation criteria may include, but are not limited to, environmental
46.14considerations, quality, and vendor performance. In achieving "best value" strategic
46.15sourcing tools, including but not limited to best and final offers, negotiations, contract
46.16consolidation, product standardization, and mandatory-use enterprise contracts shall be
46.17used at the commissioner's discretion.
46.18 Sec. 52. Minnesota Statutes 2006, section 16C.02, is amended by adding a subdivision
46.19to read:
46.20 Subd. 6a. Enterprise procurement. "Enterprise procurement" means the process
46.21undertaken by the commissioner to leverage economies of scale of multiple end users to
46.22achieve cost savings and other favorable terms in contracts for goods and services.
46.23 Sec. 53. Minnesota Statutes 2006, section 16C.02, subdivision 12, is amended to read:
46.24 Subd. 12. Request for proposal or RFP. "Request for proposal" or "RFP" means a
46.25solicitation in which it is not advantageous to set forth all the actual, detailed requirements
46.26at the time of solicitation and responses aresubject to negotiation negotiated to achieve
46.27best value for the state.
46.28 Sec. 54. Minnesota Statutes 2006, section 16C.02, subdivision 14, is amended to read:
46.29 Subd. 14. Response. "Response" means the offer received from a vendor in
46.30response to a solicitation. A response includes submissions commonly referred to as
46.31"offers," "bids," "quotes,"or "proposals.," "best and final offers," or "negotiated offers."
47.1 Sec. 55. Minnesota Statutes 2006, section 16C.02, is amended by adding a subdivision
47.2to read:
47.3 Subd. 20. Strategic sourcing. "Strategic sourcing" means methods used to
47.4analyze and reduce spending on goods and services, including but not limited to
47.5spend analysis, product standardization, contract consolidation, negotiations, multiple
47.6jurisdiction purchasing alliances, reverse and forward auctions, life-cycle costing, and
47.7other techniques.
47.8 Sec. 56. Minnesota Statutes 2006, section 16C.03, subdivision 2, is amended to read:
47.9 Subd. 2. Rulemaking authority. Subject to chapter 14, the commissioner may
47.10adopt rules, consistent with this chapter and chapter 16B, relating to the following topics:
47.11 (1) procurement process including solicitations and responses to solicitations, bid
47.12security, vendor errors, opening of responses, award of contracts, tied bids, and award
47.13protest process;
47.14 (2) contract performance and failure to perform;
47.15 (3) authority to debar or suspend vendors, and reinstatement of vendors;
47.16 (4) contract cancellation;
47.17 (5) procurement from rehabilitation facilities; and
47.18 (6) organizational conflicts of interest.
47.19 Sec. 57. Minnesota Statutes 2006, section 16C.03, subdivision 4, is amended to read:
47.20 Subd. 4. Contracting authority. The commissioner shall conduct all contracting by,
47.21for, and between agencies and perform all contract management and review functions for
47.22contracts, except those functions specifically delegated to be performed by the contracting
47.23agency, the attorney general, or otherwise provided for by law. The commissioner may
47.24require that agency staff participate in the development of enterprise procurements
47.25including the development of product standards, specifications and other requirements.
47.26 Sec. 58. Minnesota Statutes 2006, section 16C.03, subdivision 8, is amended to read:
47.27 Subd. 8. Policy and procedures. The commissioner is authorized to issue policies,
47.28procedures, and standards applicable to all acquisition activities by and for agencies.
47.29Consistent with the authority specified in this chapter, the commissioner shall develop
47.30and implement policies, procedures, and standards ensuring the optimal use of strategic
47.31sourcing techniques.
47.32 Sec. 59. Minnesota Statutes 2006, section 16C.03, subdivision 16, is amended to read:
48.1 Subd. 16. Delegation of duties. The commissioner may delegate duties imposed by
48.2this chapter to the head of an agency and to any subordinate of the agency head. Delegated
48.3duties shall be exercised in the name of the commissioner and under the commissioner's
48.4direct supervision and control. A delegation of duties may include, but is not limited to,
48.5allowing individuals within agencies to acquire goods, services, and utilities within dollar
48.6limitations and for designated types of acquisitions. Delegation of contract management
48.7and review functions must be filed with the secretary of state and may not, except with
48.8respect to delegations within the Department of Administration, exceed two years in
48.9duration. The commissioner may withdraw any delegation at the commissioner's sole
48.10discretion. The commissioner may require an agency head or subordinate to accept
48.11delegated responsibility to procure goods or services intended for the exclusive use of the
48.12agency receiving the delegation.
48.13 Sec. 60. [16C.046] WEB SITE WITH SEARCHABLE DATABASE ON STATE
48.14CONTRACTS AND GRANTS.
48.15 (a) The commissioner of administration must maintain a Web site with a searchable
48.16database providing the public with information on state contracts, including grant
48.17contracts. The database must include the following information for each state contract
48.18valued in excess of $25,000:
48.19 (1) the name and address of the entity receiving the contract;
48.20 (2) the name of the agency entering into the contract;
48.21 (3) whether the contract is:
48.22 (i) for goods;
48.23 (ii) for professional or technical services;
48.24 (iii) for services other than professional and technical services; or
48.25 (iv) a grant;
48.26 (4) a brief statement of the purpose of the contract or grant;
48.27 (5) the amount of the contract or grant and the fund from which this amount will be
48.28paid; and
48.29 (6) the dollar value of state contracts, other than grants, the entity has received in each
48.30fiscal year and the dollar value of state grants the entity has received in each fiscal year.
48.31 (b) Required information on a new contract or grant must be entered into the
48.32database within 30 days of the time the contract is entered into.
48.33 (c) For purposes of this section, a "grant" is a contract between a state agency and
48.34a recipient, the primary purpose of which is to transfer cash or a thing of value to the
48.35recipient to support a public purpose. Grant does not include payments to units of local
49.1government, payments to state employees, or payments made under laws providing for
49.2assistance to individuals.
49.3 (d) The database must include information on grants and contracts entered into
49.4beginning with fiscal year 2008 funds, and must retain that data for ten years.
49.5EFFECTIVE DATE.This section is effective January 1, 2008.
49.6 Sec. 61. Minnesota Statutes 2006, section 16C.05, subdivision 1, is amended to read:
49.7 Subdivision 1. Agency cooperation. Agencies shall fully cooperate with the
49.8commissioner in the management and review of state contracts and in the development
49.9and implementation of strategic sourcing techniques.
49.10 Sec. 62. Minnesota Statutes 2006, section 16C.05, subdivision 2, is amended to read:
49.11 Subd. 2. Creation and validity of contracts. (a) A contract is not valid and the state
49.12is not bound by it and no agency, without the prior written approval of the commissioner
49.13granted pursuant to subdivision 2a, may authorize work to begin on it unless:
49.14 (1) it has first been executed by the head of the agency or a delegate who is a party
49.15to the contract;
49.16 (2) it has been approved by the commissioner; and
49.17 (3) the accounting system shows an encumbrance for the amount of the contract
49.18liability, except as allowed by policy approved by the commissioner and commissioner of
49.19finance for routine, low-dollar procurements.
49.20 (b) The combined contract and amendments must not exceed five years without
49.21specific, written approval by the commissioner according to established policy, procedures,
49.22and standards, or unless otherwise provided for by law. The term of the original contract
49.23must not exceed two years unless the commissioner determines that a longer duration is
49.24in the best interest of the state.
49.25 (c) Grants, interagency agreements, purchase orders, work orders, and annual plans
49.26need not, in the discretion of the commissioner and attorney general, require the signature
49.27of the commissioner and/or the attorney general. A signature is not required for work
49.28orders and amendments to work orders related to Department of Transportation contracts.
49.29Bond purchase agreements by the Minnesota Public Facilities Authority do not require
49.30the approval of the commissioner.
49.31 (d) Amendments to contracts must entail tasks that are substantially similar to
49.32those in the original contract or involve tasks that are so closely related to the original
49.33contract that it would be impracticable for a different contractor to perform the work. The
49.34commissioner or an agency official to whom the commissioner has delegated contracting
50.1authority under section16C.03, subdivision 16 , must determine that an amendment would
50.2serve the interest of the state better than a new contract and would cost no more.
50.3 (e) A fully executed copy of every contract, amendments to the contract, and
50.4performance evaluations relating to the contract must be kept on file at the contracting
50.5agency for a time equal to that specified for contract vendors and other parties in
50.6subdivision 5.
50.7 (f) The attorney general must periodically review and evaluate a sample of state
50.8agency contracts to ensure compliance with laws.
50.9 Sec. 63. Minnesota Statutes 2006, section 16C.08, is amended by adding a subdivision
50.10to read:
50.11 Subd. 1a. Enterprise procurement. Notwithstanding section 15.061 or any
50.12other law, the commissioner shall, to the fullest extent practicable, conduct enterprise
50.13procurements that result in the establishment of professional or technical contracts for
50.14use by multiple state agencies. The commissioner is authorized to mandate use of any
50.15contract entered into as a result of an enterprise procurement process. Agencies shall fully
50.16cooperate in the development and use of contracts entered into under this section.
50.17 Sec. 64. Minnesota Statutes 2006, section 16C.08, subdivision 2, is amended to read:
50.18 Subd. 2. Duties of contracting agency. (a) Before an agency may seek approval of
50.19a professional or technical services contract valued in excess of $5,000, it must provide
50.20the following:
50.21 (1) a description of how the proposed contract or amendment is necessary and
50.22reasonable to advance the statutory mission of the agency;
50.23 (2) a description of the agency's plan to notify firms or individuals who may be
50.24available to perform the services called for in the solicitation;and
50.25 (3) a description of the performance measures or other tools that will be used to
50.26monitor and evaluate contract performance.; and
50.27 (4) an explanation detailing, if applicable, why this procurement is being pursued
50.28unilaterally by the agency and not as an enterprise procurement.
50.29 (b) In addition to paragraph (a), the agency must certify that:
50.30 (1) no current state employee is able and available to perform the services called
50.31for by the contract;
50.32 (2) the normal competitive bidding mechanisms will not provide for adequate
50.33performance of the services;
51.1 (3) reasonable efforts will be made to publicize the availability of the contract to
51.2the public;
51.3 (4) the agency will develop and implement a written plan providing for the
51.4assignment of specific agency personnel to manage the contract, including a monitoring
51.5and liaison function, the periodic review of interim reports or other indications of past
51.6performance, and the ultimate utilization of the final product of the services;
51.7 (5) the agency will not allow the contractor to begin work before the contract is fully
51.8executed unless an exception under section16C.05, subdivision 2a , has been granted by
51.9the commissioner and funds are fully encumbered;
51.10 (6) the contract will not establish an employment relationship between the state or
51.11the agency and any persons performing under the contract;and
51.12 (7) in the event the results of the contract work will be carried out or continued by
51.13state employees upon completion of the contract, the contractor is required to include
51.14state employees in development and training, to the extent necessary to ensure that after
51.15completion of the contract, state employees can perform any ongoing work related to
51.16the same function.; and
51.17 (8) the agency will not contract out its previously eliminated jobs for four years
51.18without first considering the same former employees who are on the seniority unit layoff
51.19list who meet the minimum qualifications determined by the agency.
51.20 (c) A contract establishes an employment relationship for purposes of paragraph (b),
51.21clause (6), if, under federal laws governing the distinction between an employee and an
51.22independent contractor, a person would be considered an employee.
51.23 Sec. 65. Minnesota Statutes 2006, section 16C.08, subdivision 4, is amended to read:
51.24 Subd. 4. Reports. (a) The commissioner shall submit to the governor, the chairs of
51.25the house Ways and Means and senate Finance Committees, and the Legislative Reference
51.26Library a yearly listing of all contracts for professional or technical services executed.
51.27The report must identify the contractor, contract amount, duration, and services to be
51.28provided. The commissioner shall also issue yearly reports summarizing the contract
51.29review activities of the department by fiscal year.
51.30 (b) The fiscal year report must be submitted by September 1 of each year and must:
51.31 (1) be sorted by agency and by contractor;
51.32 (2) show the aggregate value of contracts issued by each agency and issued to each
51.33contractor;
51.34 (3) distinguish between contracts that are being issued for the first time and contracts
51.35that are being extended;
52.1 (4) state the termination date of each contract;
52.2 (5) identify services by commodity code, including topics such as contracts for
52.3training, contracts for research and opinions, and contracts for computer systems; and
52.4 (6) identify which contracts were awarded without following the solicitation process
52.5in this chapter because it was determined that there was only a single source for the
52.6services.
52.7 (c) Within 30 days of final completion of a contract over $50,000 covered by this
52.8subdivision, the head of the agency entering into the contract must submit a one-page
52.9report to the commissioner who must submit a copy to the Legislative Reference Library.
52.10The report must:
52.11 (1) summarize the purpose of the contract, including why it was necessary to enter
52.12into a contract;
52.13 (2) state the amount spent on the contract;
52.14(3) be accompanied by the performance evaluation prepared according to subdivision
52.154a; and
52.16(4) (3) if the contract was awarded without following the solicitation process in this
52.17chapter because it was determined that there was only a single source for the services,
52.18explain why the agency determined there was only a single source for the services.; and
52.19 (4) include a written performance evaluation of the work done under the contract.
52.20The evaluation must include an appraisal of the contractor's timeliness, quality, cost, and
52.21overall performance in meeting the terms and objectives of the contract. Contractors may
52.22request copies of evaluations prepared under this subdivision and may respond in writing.
52.23Contractor responses must be maintained with the contract file.
52.24 Sec. 66. Minnesota Statutes 2006, section 16C.08, is amended by adding a subdivision
52.25to read:
52.26 Subd. 4b. Limitations on actions. No action may be maintained by a contractor
52.27against an employee or agency who discloses information about a current or former
52.28contractor under subdivision 4, unless the contractor demonstrates by clear and convincing
52.29evidence that:
52.30 (1) the information was false and defamatory;
52.31 (2) the employee or agency knew or should have known the information was false
52.32and acted with malicious intent to injure the current or former contractor; and
52.33 (3) the information was acted upon in a manner that caused harm to the current or
52.34former contractor.
53.1 Sec. 67. [16C.086] CALL-CENTER.
53.2 An agency may not enter into a contract for operation of a call-center, or a contract
53.3whose primary purpose is to provide similar services answering or responding to telephone
53.4calls on behalf of an agency without determining if the service can be provided by state
53.5employees, and the services must be provided at offices located in the United States. For
53.6purposes of this section, "agency" includes the Minnesota State Colleges and Universities.
53.7EFFECTIVE DATE.This section is effective the day following final enactment,
53.8and applies to a contract entered into or renewed or otherwise extended after that date.
53.9 Sec. 68. Minnesota Statutes 2006, section 16C.10, subdivision 7, is amended to read:
53.10 Subd. 7. Reverse auction. (a) For the purpose of this subdivision, "reverse auction"
53.11means a purchasing process in which vendors compete to provide goods orcomputer
53.12services at the lowest selling price in an open and interactive environment. Reverse
53.13auctions may not be utilized to procure engineering design services or architectural
53.14services or to establish building and construction contracts under sections 16C.26 to
53.1516C.29.
53.16 (b) The provisions of sections13.591, subdivision 3 , and
16C.06, subdivision 2 ,
53.17do not apply when the commissioner determines that a reverse auction is the appropriate
53.18purchasing process.
53.19 Sec. 69. Minnesota Statutes 2006, section 16C.16, subdivision 5, is amended to read:
53.20 Subd. 5. Designation of targeted groups. (a) The commissioner of administration
53.21shall periodically designate businesses that are majority owned and operated by women,
53.22persons with a substantial physical disability, or specific minorities as targeted group
53.23businesses within purchasing categories as determined by the commissioner. A group
53.24may be targeted within a purchasing category if the commissioner determines there is a
53.25statistical disparity between the percentage of purchasing from businesses owned by
53.26group members and the representation of businesses owned by group members among all
53.27businesses in the state in the purchasing category.
53.28 (b) In addition to designations under paragraph (a), an individual business may be
53.29included as a targeted group business if the commissioner determines that inclusion is
53.30necessary to remedy discrimination against the owner based on race, gender, or disability
53.31in attempting to operate a business that would provide goods or services to public agencies.
53.32 (c) In addition to the designations under paragraphs (a) and (b), the commissioner of
53.33administration shall designate businesses that are majority owned and operated by veterans
53.34who have served in federal active service as defined in section 190.05, subdivision 5c, in
54.1support of Operation Enduring Freedom or Operation Iraqi Freedom as targeted group
54.2businesses within purchasing categories as determined by the commissioner. "Veteran"
54.3has the meaning given in section 197.447, and also includes both currently serving and
54.4honorably discharged members of the national guard and other military reserves.
54.5(c) (d) The designations of purchasing categories and businesses under paragraphs
54.6(a)and, (b), and (c) are not rules for purposes of chapter 14, and are not subject to
54.7rulemaking procedures of that chapter.
54.8EFFECTIVE DATE.This section is effective July 1, 2007, and applies to
54.9procurement contract bid solicitations issued on and after that date.
54.10 Sec. 70. [16C.251] BEST AND FINAL OFFER.
54.11 A "best and final offer" solicitation process may not be used for building and
54.12construction contracts.
54.13 Sec. 71. [16E.22] LICENSING SYSTEM.
54.14 The state chief information officer may enter into a professional or technical services
54.15contract for information systems development in which the vendor finances all or part of
54.16the cost of system development. The state chief information officer may assess and accept
54.17a fee for business and occupational licenses for the purpose of developing and maintaining
54.18a licensing system. Before implementing a fee under this section, the director must submit
54.19the proposed fee to the Legislative Advisory Commission for its review.
54.20 Sec. 72. Minnesota Statutes 2006, section 37.06, is amended to read:
54.2137.06 SECRETARY; LEGISLATIVE AUDITOR; DUTIES; REPORT.
54.22 The secretary shall keep a complete record of the proceedings of the annual meetings
54.23of the State Agricultural Society and all meetings of the board of managers and any
54.24committee of the board, keep all accounts of the society other than those kept by the
54.25treasurer of the society, and perform other duties as directed by the board of managers. On
54.26or before December 31 each year, the secretary shall report to the governor for the fiscal
54.27year ending October 31 all the proceedings of the society during the current year and its
54.28financial condition as appears from its books. This report must contain a full, detailed
54.29statement of all receipts and expenditures during the year.
54.30 The books and accounts of the society for the fiscal year must be examined and
54.31audited annually by the legislative auditor. The cost of the examination must be paid by the
54.32society to the state and credited to thegeneral fund appropriation for the legislative auditor.
55.1 A summary of this examination, certified by the legislative auditor, must be
55.2appended to the secretary's report, along with the legislative auditor's recommendations
55.3and the proceedings of the first annual meeting of the society held following the secretary's
55.4report, including addresses made at the meeting as directed by the board of managers. The
55.5summary, recommendations, and proceedings must be printed in the same manner as the
55.6reports of state officers. Copies of the report must be printed annually and distributed as
55.7follows: to each society or association entitled to membership in the society, to each
55.8newspaper in the state, and the remaining copies as directed by the board of managers.
55.9EFFECTIVE DATE.This section is effective the day following final enactment.
55.10 Sec. 73. Minnesota Statutes 2006, section 43A.02, is amended by adding a subdivision
55.11to read:
55.12 Subd. 18a. Domestic partner. "Domestic partner" means a person who has entered
55.13into a committed interdependent relationship with another adult, where the partners:
55.14 (1) are responsible for each other's basic common welfare;
55.15 (2) share a common residence and intend to do so indefinitely;
55.16 (3) are not related by blood or adoption to an extent that would prohibit marriage in
55.17this state; and
55.18 (4) are legally competent and qualified to enter into a contract.
55.19 For purposes of this subdivision, domestic partners may share a common residence,
55.20even if:
55.21 (1) they do not each have a legal right to possess the residence; or
55.22 (2) one or both domestic partners possess additional real property.
55.23 If one domestic partner temporarily leaves the common residence with the intention
55.24to return, the domestic partners continue to share a common residence for the purposes
55.25of this subdivision.
55.26 Sec. 74. Minnesota Statutes 2006, section 43A.24, subdivision 1, is amended to read:
55.27 Subdivision 1. General. Employees, including persons on layoff from a civil
55.28service position, and employees who are employed less than full time, shall be eligible
55.29for state paid life insurance and hospital, medical and dental benefits as provided in
55.30collective bargaining agreements or plans established pursuant to section43A.18 . If a
55.31collective bargaining agreement or plan provides state paid health insurance for spouses of
55.32employees, the insurance must be made available to domestic partners of state employees
55.33on the same terms and conditions.
56.1 Sec. 75. Minnesota Statutes 2006, section 43A.49, is amended to read:
56.243A.49 VOLUNTARY UNPAID LEAVE OF ABSENCE.
56.3 (a) Appointing authorities in state government may allow each employee to take
56.4unpaid leaves of absence for up to 1,040 hoursbetween June 1, 2003, and June 30, 2005.
56.5The 1,040 hour limit replaces, and is not in addition to, limits set in prior laws in each
56.6two-year period beginning July 1 of each odd-numbered year. Each appointing authority
56.7approving such a leave shall allow the employee to continue accruing vacation and
56.8sick leave, be eligible for paid holidays and insurance benefits, accrue seniority, and, if
56.9payments are made under paragraph (b), accrue service credit and credited salary in the
56.10state retirement plans, as if the employee had actually been employed during the time of
56.11leave. An employee covered by the unclassified plan may voluntarily make the employee
56.12contributions to the unclassified plan during the leave of absence. If the employee makes
56.13these contributions, the appointing authority must make the employer contribution. If the
56.14leave of absence is for one full pay period or longer, any holiday pay shall be included in
56.15the first payroll warrant after return from the leave of absence. The appointing authority
56.16shall attempt to grant requests for the unpaid leaves of absence consistent with the need to
56.17continue efficient operation of the agency. However, each appointing authority shall retain
56.18discretion to grant or refuse to grant requests for leaves of absence and to schedule and
56.19cancel leaves, subject to the applicable provisions of collective bargaining agreements
56.20and compensation plans.
56.21 (b) To receive eligible service credit and credited salary in a defined benefit plan, the
56.22member shall pay an amount equal to the applicable employee contribution rates. If an
56.23employee pays the employee contribution for the period of the leave under this section,
56.24the appointing authority must pay the employer contribution. The appointing authority
56.25may, at its discretion, pay the employee contributions. Contributions must be made in a
56.26time and manner prescribed by the executive director of the Minnesota State Retirement
56.27Association System.
56.28 Sec. 76. [43A.50] CERTIFICATE OF PAY EQUITY COMPLIANCE.
56.29 Subdivision 1. Scope of application. For a contract for goods or services in excess
56.30of $100,000, a state department or agency may not accept a bid or proposal from a
56.31business having more than 40 full-time employees within the state on a single working
56.32day during the previous 12 months unless the commissioner has approved the business'
56.33plan to establish equitable compensation relationships for its employees and has issued the
56.34business a certificate of compliance. A certificate of compliance is valid for two years.
57.1 Subd. 2. Compliance; good faith effort. (a) The commissioner must approve a
57.2plan and issue a certificate of compliance under this section to a business if the business
57.3demonstrates that it is in compliance with equitable compensation relationship standards
57.4or is making a good faith effort to achieve compliance with those standards. The standards
57.5for determining equitable compensation relationships for a business under this section
57.6are the same as the standards in sections 471.991 to 471.997 and rules adopted under
57.7those sections.
57.8 (b) A business that is not in compliance with equitable compensation relationship
57.9standards is making a good faith effort to achieve compliance if the commissioner has
57.10approved:
57.11 (1) a plan for achieving compliance, including the business' proposed actions and
57.12response to the commissioner's recommendations; and
57.13 (2) a proposed date for achieving compliance and for submitting a revised report
57.14for the commissioner's review.
57.15 Subd. 3. Filing fee; account; appropriation. The commissioner shall collect
57.16a $75 fee for each certificate of compliance issued by the commissioner under this
57.17section. The proceeds of the fee must be deposited in a pay equity fee special revenue
57.18account. Money in the account is appropriated to the commissioner to fund the cost of
57.19administering this section.
57.20 Subd. 4. Revocation of certificate. A certificate of compliance may be suspended or
57.21revoked by the commissioner of administration if a holder of a certificate is not effectively
57.22implementing or making a good faith effort to implement its approved plan to establish
57.23equitable compensation relationships. If a contractor does not effectively implement its
57.24approved plan, or fails to make a good faith effort to do so, the commissioner of employee
57.25relations may refuse to approve subsequent plans submitted by that business.
57.26 Subd. 5. Revocation of contract. A contract awarded by a department or agency of
57.27the state may be terminated or abridged by the contracting department or agency because
57.28of suspension or revocation of a certificate. If a contract is awarded to a person who
57.29does not have a contract compliance certificate required, the commissioner may void
57.30the contract on behalf of the state.
57.31 Subd. 6. Technical assistance. If the commissioner of administration has
57.32suspended a contractor's certificate of compliance, the commissioner shall provide
57.33technical assistance that may enable the contractor to be recertified within 90 days after
57.34the contractor's certificate has been suspended.
57.35 Subd. 7. Access to data. Data submitted to the commissioner by a contractor
57.36or potential contractor for purposes of obtaining a certificate of compliance under this
58.1section are private data on individuals or nonpublic data with respect to persons other
58.2than department employees. The commissioner's decision to grant, not grant, revoke, or
58.3suspend a certificate of compliance is public data.
58.4EFFECTIVE DATE.This section is effective July 1, 2007, and applies to contracts
58.5for which a state department or agency issues solicitations on or after that date.
58.6 Sec. 77. Minnesota Statutes 2006, section 103D.355, is amended to read:
58.7103D.355 ANNUAL AUDIT.
58.8 Subdivision 1. Requirement. The managers must have an annual audit completed
58.9of the books and accounts of the watershed district. The annual audit may be made by
58.10a private certified public accountant or by the state auditor.The annual audit must be
58.11made by a certified public accountant or the state auditor at least once every five years, or
58.12when cumulative district revenues or expenditures exceed an amount established by the
58.13board in consultation with the state auditor.
58.14 Subd. 2. Audit by state auditor. (a)If the annual An audit is to be made by the
58.15state auditor, the audit must may be initiated by a petition of the resident owners of the
58.16watershed district or resolution of the managers of the watershed district. The petition
58.17must request an annual audit pursuant to the authority granted municipalities under
58.18sections6.54 and
6.55 . The state auditor may conduct such examinations of accounts and
58.19records as the state auditor may deem the public interest to demand.
58.20 (b) If the audit or examination is made by the state auditor, the watershed
58.21district receiving the examination must pay the state the total cost and expenses of the
58.22examination, including the salaries paid to the examiners while actually engaged in
58.23making the examination. The general fund must be credited with all collections made
58.24for examinations under this subdivision.
58.25 Subd. 3. Reports for state auditor. The managers must make and submit reports
58.26demanded by the state auditor.
58.27 Sec. 78. Minnesota Statutes 2006, section 161.1419, subdivision 8, is amended to read:
58.28 Subd. 8. Expiration. The commission expires on June 30,2007 2012.
58.29 Sec. 79. Minnesota Statutes 2006, section 181.9413, is amended to read:
58.30181.9413 SICKOR INJURED CHILD CARE LEAVE BENEFITS; USE TO
58.31CARE FOR CERTAIN RELATIVES.
59.1 (a) An employee may use personal sick leave benefits provided by the employer
59.2for absences due to an illness of or injury to the employee's child, spouse, sibling, parent,
59.3grandparent, stepparent, or domestic partner for such reasonable periods as the employee's
59.4attendance with the child may be necessary, on the same terms upon which the employee
59.5is able to use sick leave benefits for the employee's own illness or injury. This section
59.6applies only to personal sick leave benefits payable to the employee from the employer's
59.7general assets.
59.8 (b) For purposes of this section, "personal sick leave benefits" means time accrued
59.9and available to an employee to be used as a result of absence from work due to personal
59.10illness or injury, but does not include short-term or long-term disability or other salary
59.11continuation benefits.
59.12 (c) For purposes of this section, "domestic partner" means a person who has entered
59.13into a committed interdependent relationship with another adult, where the partners:
59.14 (1) are responsible for each other's basic common welfare;
59.15 (2) share a common residence and intend to do so indefinitely;
59.16 (3) are not related by blood or adoption to an extent that would prohibit marriage in
59.17this state; and
59.18 (4) are legally competent and qualified to enter into a contract.
59.19 For purposes of this section, domestic partners may share a common residence even
59.20if they do not have a legal right to possess the residence or one or both domestic partners
59.21possess additional real property.
59.22 If one domestic partner temporarily leaves the common residence with the intention
59.23to return, the domestic partners continue to share a common residence for the purposes
59.24of this section.
59.25EFFECTIVE DATE.This section is effective August 1, 2007, and applies to sick
59.26leave used on or after that date.
59.27 Sec. 80. Minnesota Statutes 2006, section 302A.821, subdivision 4, is amended to read:
59.28 Subd. 4. Penalty; reinstatement. (a) A corporation that has failed to file a
59.29registration pursuant to the requirements of subdivision 2 must be dissolved by the
59.30secretary of state as described in paragraph (b).
59.31 (b) If the corporation has not filed the registrationfor two consecutive during
59.32any calendaryears year, the secretary of state must issue a certificate of administrative
59.33dissolution and the certificate must be filed in the Office of the Secretary of State.The
59.34secretary of state shall send notice to the corporation that the corporation has been
59.35dissolved and that the corporation may be reinstated by filing a registration and a $25 fee.
60.1The notice must be given by United States mail unless the company has indicated to the
60.2secretary of state that they are willing to receive notice by electronic notification, in which
60.3case the secretary of state may give notice by mail or the indicated means. The secretary
60.4of state shall annually inform the attorney general and the commissioner of revenue of
60.5the methods by which the names of corporations dissolved under this section during the
60.6preceding year may be determined. The secretary of state must also make available in
60.7an electronic format the names of the dissolved corporations. A corporation dissolved in
60.8this manner is not entitled to the benefits of section302A.781 . The liability, if any, of the
60.9shareholders of a corporation dissolved in this manner shall be determined and limited in
60.10accordance with section302A.557 , except that the shareholders shall have no liability to
60.11any director of the corporation under section302A.559, subdivision 2 .
60.12 (c) After administrative dissolution, filing a registration and the $25 fee with the
60.13secretary of state:
60.14 (1) returns the corporation to good standing as of the date of the dissolution;
60.15 (2) validates contracts or other acts within the authority of the articles, and the
60.16corporation is liable for those contracts or acts; and
60.17 (3) restores to the corporation all assets and rights of the corporation to the extent
60.18they were held by the corporation before the dissolution occurred, except to the extent that
60.19assets or rights were affected by acts occurring after the dissolution or sold or otherwise
60.20distributed after that time.
60.21EFFECTIVE DATE.This section is effective January 1, 2008.
60.22 Sec. 81. Minnesota Statutes 2006, section 308A.995, subdivision 4, is amended to read:
60.23 Subd. 4. Penalty; dissolution. (a) A cooperative that has failed to file a registration
60.24pursuant to the requirements of this section by December 31 of the calendar year for which
60.25the registration was required must be dissolved by the secretary of state as described in
60.26paragraph (b).
60.27 (b) If the cooperative has not filed the registration by December 31 of that calendar
60.28year, the secretary of state must issue a certificate of involuntary dissolution, and the
60.29certificate must be filed in the Office of the Secretary of State.The secretary of state must
60.30annually inform the attorney general and the commissioner of revenue of the methods by
60.31which the names of cooperatives dissolved under this section during the preceding year
60.32may be determined. The secretary of state must also make available in an electronic
60.33format the names of the dissolved cooperatives. A cooperative dissolved in this manner is
60.34not entitled to the benefits of section308A.981 .
61.1EFFECTIVE DATE.This section is effective January 1, 2008.
61.2 Sec. 82. Minnesota Statutes 2006, section 308B.121, subdivision 4, is amended to read:
61.3 Subd. 4. Penalty; dissolution. (a) A cooperative that has failed to file a registration
61.4under the requirements of this section must be dissolved by the secretary of state as
61.5described in paragraph (b).
61.6 (b) If the cooperative has not filed the registration by December 31 of that calendar
61.7year, the secretary of state must issue a certificate of involuntary dissolution and the
61.8certificate must be filed in the Office of the Secretary of State.The secretary of state must
61.9annually inform the attorney general and the commissioner of revenue of the methods by
61.10which the names of cooperatives dissolved under this section during the preceding year
61.11may be determined. The secretary of state must also make available in an electronic
61.12format the names of the dissolved cooperatives. A cooperative dissolved in this manner is
61.13not entitled to the benefits of section308B.971 .
61.14EFFECTIVE DATE.This section is effective January 1, 2008.
61.15 Sec. 83. Minnesota Statutes 2006, section 308B.215, subdivision 2, is amended to read:
61.16 Subd. 2. Filing. The original articles and a designation of the cooperative's
61.17registered office and agent, including a registration form under section
308B.121, shall
61.18be filed with the secretary of state. The fee for filing the articles with the secretary of
61.19state is $60.
61.20EFFECTIVE DATE.This section is effective August 1, 2007.
61.21 Sec. 84. [308B.903] NOTICE OF INTENT TO DISSOLVE.
61.22 Before a cooperative begins dissolution, a notice of intent to dissolve must be filed
61.23with the secretary of state. The notice must contain:
61.24 (1) the name of the cooperative;
61.25 (2) the date and place of the members' meeting at which the resolution was
61.26approved; and
61.27 (3) a statement that the requisite vote of the members approved the proposed
61.28dissolution.
61.29EFFECTIVE DATE.This section is effective August 1, 2007.
61.30 Sec. 85. Minnesota Statutes 2006, section 317A.823, subdivision 1, is amended to read:
62.1 Subdivision 1. Annual registration. (a) The secretary of state must send annually
62.2to each corporation at the registered office of the corporation a postcard notice announcing
62.3the need to file the annual registration and informing the corporation that the annual
62.4registration may be filed online and that paper filings may also be made, and informing
62.5the corporation that failing to file the annual registration will result in an administrative
62.6dissolution of the corporation.
62.7 (b)Except for corporations to which paragraph (d) applies, Each calendar year
62.8beginning in the calendar year following the calendar year in which a corporation
62.9incorporates, a corporation must file with the secretary of state by December 31 of each
62.10calendar year a registration containing the information listed in paragraph (c).
62.11 (c) The registration must include:
62.12 (1) the name of the corporation;
62.13 (2) the address of its registered office;
62.14 (3) the name of its registered agent, if any; and
62.15 (4) the name and business address of the officer or other person exercising the
62.16principal functions of president of the corporation.
62.17(d) The timely filing of an annual financial report and audit or an annual financial
62.18statement under section
69.051, subdivision 1 or 1a, by a volunteer firefighter relief
62.19association, as reflected in the notification by the state auditor under section
69.051,
62.20subdivision 1c
, constitutes presentation of the corporate registration. The secretary of state
62.21may reject the registration by the volunteer firefighter relief association. Rejection must
62.22occur if the information provided to the state auditor does not match the information
62.23in the records of the secretary of state. The volunteer firefighter relief association may
62.24amend the articles of incorporation as provided in sections
317A.131 to
317A.151 so
62.25that the information from the state auditor may be accepted for filing. The timely filing
62.26of an annual financial report and audit or an annual financial statement under section
62.2769.051, subdivision 1 or 1a, does not relieve the volunteer firefighter relief association
62.28of the requirement to file amendments to the articles of incorporation directly with the
62.29secretary of state.
62.30EFFECTIVE DATE.This section is effective August 1, 2007.
62.31 Sec. 86. Minnesota Statutes 2006, section 321.0206, is amended to read:
62.32321.0206 DELIVERY TO AND FILING OF RECORDS BY SECRETARY OF
62.33STATE; EFFECTIVE TIME AND DATE.
63.1 (a) A record authorized or required to be delivered to the secretary of state for filing
63.2under this chapter must be captioned to describe the record's purpose, be in a medium
63.3permitted by the secretary of state, and be delivered to the secretary of state. Unless the
63.4secretary of state determines that a record does not comply with the filing requirements
63.5of this chapter, and if the appropriate filing fees have been paid, the secretary of state
63.6shall file the record and:
63.7 (1) for a statement of dissociation, send:
63.8 (A) a copy of the filed statement to the person which the statement indicates has
63.9dissociated as a general partner; and
63.10 (B) a copy of the filed statement to the limited partnership;
63.11 (2) for a statement of withdrawal, send:
63.12 (A) a copy of the filed statement to the person on whose behalf the record was
63.13filed; and
63.14 (B) if the statement refers to an existing limited partnership, a copy of the filed
63.15statement to the limited partnership; and
63.16 (3) for all other records, send a copy of the filed record to the person on whose
63.17behalf the record was filed.
63.18 (b) Upon request and payment of a fee, the secretary of state shall send to the
63.19requester a certified copy of the requested record.
63.20 (c) Except as otherwise provided in sections321.0116 and
321.0207 , a record
63.21delivered to the secretary of state for filing under this chapter may specify an effective
63.22time and a delayed effective date. Except as otherwise provided in this chapter, a record
63.23filed by the secretary of state is effective:
63.24 (1) if the record does not specify an effective time and does not specify a delayed
63.25effective date, on the date and at the time the record is filed as evidenced by the secretary
63.26of state's endorsement of the date and time on the record;
63.27 (2) if the record specifies an effective time but not a delayed effective date, on the
63.28date the record is filed at the time specified in the record;
63.29 (3) if the record specifies a delayed effective date but not an effective time, at 12:01
63.30a.m. on the earlier of:
63.31 (A) the specified date; or
63.32 (B) the 30th day after the record is filed; or
63.33 (4) if the record specifies an effective time and a delayed effective date, at the
63.34specified time on the earlier of:
63.35 (A) the specified date; or
63.36 (B) the 30th day after the record is filed.
64.1 (d) The appropriate fees for filings under this chapter are:
64.2 (1) for filing a certificate of limited partnership, $100;
64.3 (2) for filing an amended certificate of limited partnership, $50;
64.4 (3) for filing any other record, other than the annual report required by section
64.5321.0210, for which no fee must be charged, required or permitted to be delivered for
64.6filing, $35;
64.7 (4) for filing a certificate requesting authority to transact business in Minnesota as a
64.8foreign limited partnership, $85;
64.9 (5) for filing an application of reinstatement, $25;and
64.10 (6) for filing a name reservation for a foreign limited partnership name, $35; and
64.11 (7) for filing any other record, other than the annual report required by section
64.12321.0210, for which no fee must be charged, required or permitted to be delivered for
64.13filing on a foreign limited partnership authorized to transact business in Minnesota, $50.
64.14EFFECTIVE DATE.This section is effective July 1, 2007.
64.15 Sec. 87. [321.0909] NAME CHANGES FILED IN HOME STATE.
64.16 A foreign limited partnership shall notify the secretary of state of any changes to the
64.17partnership name filed with the state of formation by filing a certificate from the state of
64.18formation certifying to the change of name.
64.19EFFECTIVE DATE.This section is effective August 1, 2007.
64.20 Sec. 88. Minnesota Statutes 2006, section 336.1-110, is amended to read:
64.21336.1-110 UNIFORM COMMERCIAL CODE ACCOUNT.
64.22 The Uniform Commercial Code account is established as an account in the state
64.23treasury. Fees that are not expressly set by statute but are charged by the secretary of state
64.24to offset the costs of providing a service under this chapter must be deposited in the state
64.25treasury and credited to the Uniform Commercial Code account.
64.26 Fees that are not expressly set by statute but are charged by the secretary of state
64.27to offset the costs of providing information contained in the computerized records
64.28maintained by the secretary of state must be deposited in the state treasury and credited to
64.29the Uniform Commercial Code account.
64.30 Money in the Uniform Commercial Code account is continuously appropriated to the
64.31secretary of state to implement and maintain the central filing system under this chapter,
64.32to provide, improve, and expand other online or remote lien and business entity filing,
65.1retrieval, and payment method services provided by the secretary of state, and to provide
65.2electronic access to other computerized records maintained by the secretary of state.
65.3EFFECTIVE DATE.This section is effective August 1, 2007.
65.4 Sec. 89. Minnesota Statutes 2006, section 336.9-516, is amended to read:
65.5336.9-516 WHAT CONSTITUTES FILING; EFFECTIVENESS OF FILING.
65.6 (a) What constitutes filing. Except as otherwise provided in subsection (b),
65.7communication of a record to a filing office and tender of the filing fee or acceptance of
65.8the record by the filing office constitutes filing.
65.9 (b) Refusal to accept record; filing does not occur. Filing does not occur with
65.10respect to a record that a filing office refuses to accept because:
65.11 (1) the record is not communicated by a method or medium of communication
65.12authorized by the filing office. For purposes of filing office authorization, transmission of
65.13records using the Extensible Markup Language (XML) format is authorized by the filing
65.14office after the later of July 1, 2007, or the determination of the secretary of state that the
65.15central filing system is capable of receiving and processing these records;
65.16 (2) an amount equal to or greater than the applicable filing fee is not tendered;
65.17 (3) the filing office is unable to index the record because:
65.18 (A) in the case of an initial financing statement, the record does not provide a name
65.19for the debtor;
65.20 (B) in the case of an amendment or correction statement, the record:
65.21 (i) does not identify the initial financing statement as required by section336.9-512
65.22or336.9-518 , as applicable; or
65.23 (ii) identifies an initial financing statement whose effectiveness has lapsed under
65.24section336.9-515 ;
65.25 (C) in the case of an initial financing statement that provides the name of a debtor
65.26identified as an individual or an amendment that provides a name of a debtor identified as
65.27an individual which was not previously provided in the financing statement to which the
65.28record relates, the record does not identify the debtor's last name; or
65.29 (D) in the case of a record filed or recorded in the filing office described in section
65.30336.9-501(a)(1)
, the record does not provide a sufficient description of the real property
65.31to which it relates;
65.32 (4) in the case of an initial financing statement or an amendment that adds a secured
65.33party of record, the record does not provide a name and mailing address for the secured
65.34party of record;
66.1 (5) in the case of an initial financing statement or an amendment that provides a
66.2name of a debtor which was not previously provided in the financing statement to which
66.3the amendment relates, the record does not:
66.4 (A) provide a mailing address for the debtor;
66.5 (B) indicate whether the debtor is an individual or an organization; or
66.6 (C) if the financing statement indicates that the debtor is an organization, provide:
66.7 (i) a type of organization for the debtor;
66.8 (ii) a jurisdiction of organization for the debtor; or
66.9 (iii) an organizational identification number for the debtor or indicate that the debtor
66.10has none;
66.11 (6) in the case of an assignment reflected in an initial financing statement under
66.12section336.9-514(a) or an amendment filed under section
336.9-514(b) , the record does
66.13not provide a name and mailing address for the assignee; or
66.14 (7) in the case of a continuation statement, the record is not filed within the
66.15six-month period prescribed by section336.9-515(d) .
66.16 (c) Rules applicable to subsection (b). For purposes of subsection (b):
66.17 (1) a record does not provide information if the filing office is unable to read or
66.18decipher the information; and
66.19 (2) a record that does not indicate that it is an amendment or identify an initial
66.20financing statement to which it relates, as required by section336.9-512 ,
336.9-514 , or
66.21336.9-518
, is an initial financing statement.
66.22 (d) Refusal to accept record; record effective as filed record. A record that is
66.23communicated to the filing office with tender of the filing fee, but which the filing office
66.24refuses to accept for a reason other than one set forth in subsection (b), is effective as a
66.25filed record except as against a purchaser of the collateral which gives value in reasonable
66.26reliance upon the absence of the record from the files.
66.27EFFECTIVE DATE.This section is effective August 1, 2007.
66.28 Sec. 90. Minnesota Statutes 2006, section 336.9-525, is amended to read:
66.29336.9-525 FEES.
66.30 (a) Initial financing statement or other record: general rule. Except as otherwise
66.31provided in subsection (d), the fee for filing and indexing a record under this partdelivered
66.32on paper is $20 and for a record delivered by any electronic means is $15. $5 of the fee
66.33collected for each request delivered online must be deposited in the uniform commercial
66.34code account.
67.1 (b) Number of names. The number of names required to be indexed does not
67.2affect the amount of the fee in subsection (a).
67.3 (c) Response to information request. The fee for responding to a request for
67.4information from the filing office, including for issuing a certificate showing whether there
67.5is on file any financing statement naming a particular debtor,delivered on paper is $20
67.6and for a record delivered by any electronic means is $15. $5 of the fee collected for each
67.7request delivered online must be deposited in the uniform commercial code account.
67.8 (d) Record of mortgage. This section does not require a fee with respect to a record
67.9of a mortgage which is effective as a financing statement filed as a fixture filing or as a
67.10financing statement covering as-extracted collateral or timber to be cut under section
67.11336.9-502(c)
. However, the recording and satisfaction fees that otherwise would be
67.12applicable to the record of the mortgage apply.
67.13EFFECTIVE DATE.This section is effective July 1, 2007.
67.14 Sec. 91. [349A.021] LOTTERY OFFICES.
67.15 The State Lottery may not move its operations at its Mountain Iron location to a
67.16location outside the Quad-City area of Mountain Iron, Eveleth, Gilbert, and Virginia, and
67.17may not reduce the complement of staff employed at this office.
67.18EFFECTIVE DATE.This section is effective the day following final enactment.
67.19 Sec. 92. Minnesota Statutes 2006, section 356.219, subdivision 1, is amended to read:
67.20 Subdivision 1. Report required. (a) Except as indicated in subdivision 4, the State
67.21Board of Investment, on behalf of the public pension funds and programs for which it is
67.22the investment authority, and any Minnesota public pension plan that is not fully invested
67.23through the State Board of Investment, including a local police or firefighters relief
67.24association governed by sections69.77 or
69.771 to
69.775 , shall report the information
67.25specified in subdivision 3 to the state auditor. A report under this section must be filed
67.26electronically with the state auditor, unless the state auditor determines that it is not
67.27feasible for a particular plan or association to file electronically. The state auditor may
67.28prescribea form or forms for the purposes of the reporting requirements contained in the
67.29format for reports required by this section. The state auditor must attempt to provide
67.30access on the state auditor's Web site to reports filed under this section.
67.31 (b) A local police or firefighters relief association governed by section69.77 or
67.32sections69.771 to
69.775 is fully invested during a given calendar year for purposes of
67.33this section if all assets of the applicable pension plan beyond sufficient cash equivalent
68.1investments to cover six months expected expenses are invested under section11A.17 .
68.2The board of any fully invested public pension plan remains responsible for submitting
68.3investment policy statements and subsequent revisions as required by subdivision 3,
68.4paragraph (a).
68.5 (c) For purposes of this section, the State Board of Investment is considered to be
68.6the investment authority for any Minnesota public pension fund required to be invested by
68.7the State Board of Investment under section11A.23 , or for any Minnesota public pension
68.8fund authorized to invest in the supplemental investment fund under section11A.17 and
68.9which is fully invested by the State Board of Investment.
68.10 Sec. 93. Minnesota Statutes 2006, section 358.41, is amended to read:
68.11358.41 DEFINITIONS.
68.12 As used in sections358.41 to
358.49 :
68.13 (1) "Notarial act" means any act that a notary public of this state is authorized to
68.14perform, and includes taking an acknowledgment, administering an oath or affirmation,
68.15taking a verification upon oath or affirmation, witnessing or attesting a signature, certifying
68.16or attesting a copy, and noting a protest of a negotiable instrument. A notary public may
68.17perform a notarial act by electronic means.
68.18 (2) "Acknowledgment" means a declaration by a person that the person has executed
68.19an instrument or electronic record for the purposes stated therein and, if the instrument
68.20or electronic record is executed in a representative capacity, that the person signed
68.21the instrument with proper authority and executed it as the act of the person or entity
68.22represented and identified therein.
68.23 (3) "Verification upon oath or affirmation" means a declaration that a statement is
68.24true made by a person upon oath or affirmation.
68.25 (4) "In a representative capacity" means:
68.26 (i) for and on behalf of a corporation, partnership, limited liability company, trust, or
68.27other entity, as an authorized officer, agent, partner, trustee, or other representative;
68.28 (ii) as a public officer, personal representative, guardian, or other representative,
68.29in the capacity recited in the instrument;
68.30 (iii) as an attorney in fact for a principal; or
68.31 (iv) in any other capacity as an authorized representative of another.
68.32 (5) "Notarial officer" means a notary public or other officer authorized to perform
68.33notarial acts.
69.1 (6) "Electronic signature" means an electronic sound, symbol, or process attached
69.2to or logically associated with a record and executed or adopted by a person with the
69.3intent to sign the record.
69.4 (7) "Electronic record" means a record created, generated, sent, communicated,
69.5received, or stored by electronic means.
69.6EFFECTIVE DATE.This section is effective August 1, 2007.
69.7 Sec. 94. Minnesota Statutes 2006, section 358.42, is amended to read:
69.8358.42 NOTARIAL ACTS.
69.9 (a) In taking an acknowledgment, the notarial officer must determine, either from
69.10personal knowledge or from satisfactory evidence, that the person appearing before the
69.11officer and making the acknowledgment is the person whose true signature is on the
69.12instrument or electronic record.
69.13 (b) In taking a verification upon oath or affirmation, the notarial officer must
69.14determine, either from personal knowledge or from satisfactory evidence, that the person
69.15appearing before the officer and making the verification is the person whose true signature
69.16is made in the presence of the officer on the statement verified.
69.17 (c) In witnessing or attesting a signature the notarial officer must determine, either
69.18from personal knowledge or from satisfactory evidence, that the signature is that of the
69.19person appearing before the officer and named therein. When witnessing or attesting a
69.20signature, the officer must be present when the signature is made.
69.21 (d) In certifying or attesting a copy of a document, electronic record, or other item,
69.22the notarial officer must determine that the proffered copy is a full, true, and accurate
69.23transcription or reproduction of that which was copied.
69.24 (e) In making or noting a protest of a negotiable instrument or electronic record the
69.25notarial officer must determine the matters set forth in section336.3-505 .
69.26 (f) A notarial officer has satisfactory evidence that a person is the person whose true
69.27signature is on a document or electronic record if that person (i) is personally known to
69.28the notarial officer, (ii) is identified upon the oath or affirmation of a credible witness
69.29personally known to the notarial officer, or (iii) is identified on the basis of identification
69.30documents.
69.31EFFECTIVE DATE.This section is effective August 1, 2007.
69.32 Sec. 95. Minnesota Statutes 2006, section 358.50, is amended to read:
69.33358.50 EFFECT OF ACKNOWLEDGMENT.
70.1 An acknowledgment made in a representative capacity for and on behalf of a
70.2corporation, partnership, limited liability company, trust, or other entity and certified
70.3substantially in the form prescribed in this chapter is prima facie evidence that the
70.4instrument or electronic record was executed and delivered with proper authority.
70.5EFFECTIVE DATE.This section is effective August 1, 2007.
70.6 Sec. 96. Minnesota Statutes 2006, section 359.085, subdivision 2, is amended to read:
70.7 Subd. 2. Verifications. In taking a verification upon oath or affirmation, the notarial
70.8officer must determine, either from personal knowledge or from satisfactory evidence, that
70.9the person appearing before the officer and making the verification is the person whose
70.10true signature is made in the presence of the officer on the statement verified.
70.11EFFECTIVE DATE.This section is effective August 1, 2007.
70.12 Sec. 97. Minnesota Statutes 2006, section 359.085, subdivision 3, is amended to read:
70.13 Subd. 3. Witnessing or attesting signatures. In witnessing or attesting a signature,
70.14the notarial officer must determine, either from personal knowledge or from satisfactory
70.15evidence, that the signature is that of the person appearing before the officer and named in
70.16the document or electronic record. When witnessing or attesting a signature, the officer
70.17must be present when the signature is made.
70.18EFFECTIVE DATE.This section is effective August 1, 2007.
70.19 Sec. 98. Minnesota Statutes 2006, section 471.61, subdivision 1a, is amended to read:
70.20 Subd. 1a. Dependents. Notwithstanding the provisions of Minnesota Statutes 1969,
70.21section471.61 , as amended by Laws 1971, chapter 451, section 1, the word "dependents"
70.22as used therein shall mean spouse and minor unmarried children under the age of 18 years
70.23and dependent students under the age of 25 years actually dependent upon the employee,
70.24and others as defined by governmental units at their discretion.
70.25 Sec. 99. [471.6175] TRUST FOR POSTEMPLOYMENT BENEFITS.
70.26 Subdivision 1. Authorization; establishment. A political subdivision or other
70.27public entity that creates or has created an actuarial liability to pay postemployment
70.28benefits to employees or officers after their termination of service may establish a trust to
70.29pay those benefits. For purposes of this section, the term "postemployment benefits" means
70.30benefits giving rise to a liability under Statement No. 45 of the Governmental Accounting
71.1Standards Board and the term "trust" means a trust, a trust account, or a custodial account
71.2or contract authorized under section 401(f) of the Internal Revenue Code.
71.3 Subd. 2. Purpose of trust. The trust established under this section may only be
71.4used to pay postemployment benefits and may be either revocable or irrevocable.
71.5 Subd. 3. Trust administrator. The trust administrator of a trust established under
71.6this section shall be either:
71.7 (1) the Public Employees Retirement Association;
71.8 (2) a bank or banking association incorporated under the laws of the United States or
71.9of any state and authorized by the laws under which it is organized to exercise corporate
71.10trust powers; or
71.11 (3) an insurance company or agency qualified to do business in Minnesota which has
71.12at least five years experience in investment products and services for group retirement
71.13benefits and which has a specialized department dedicated to services for retirement
71.14investment products.
71.15 A political subdivision or public entity may, in its discretion and in compliance
71.16with any applicable trust document, change trust administrators and transfer trust assets
71.17accordingly.
71.18 Subd. 4. Account maintenance. A political subdivision or other public entity may
71.19establish a trust account to be held under the supervision of the trust administrator for the
71.20purposes of this section. A trust administrator shall establish a separate account for each
71.21participating political subdivision or public entity. The trust administrator may charge
71.22participating political subdivisions and public entities fees for reasonable administrative
71.23costs. The amount of any fees charged by the Public Employees Retirement Association
71.24is appropriated to the association from the account. A trust administrator may establish
71.25other reasonable terms and conditions for creation and maintenance of these accounts.
71.26The trust administrator must report electronically to the state auditor the portfolio and
71.27performance information specified in section 356.219, subdivision 3, in the manner
71.28prescribed by the state auditor.
71.29 Subd. 5. Investment. (a) The assets of a trust or trust account shall be invested and
71.30held as stipulated in paragraphs (b) to (e).
71.31 (b) The Public Employees Retirement Association must certify all money in the trust
71.32accounts for which it is trust administrator to the State Board of Investment for investment
71.33under section 11A.14, subject to the policies and procedures established by the State
71.34Board of Investment. Investment earnings must be credited to the trust account of the
71.35individual political subdivision or public entity.
72.1 (c) A trust administrator, other than the Public Employees Retirement Association,
72.2must ensure that all money in the trust accounts for which it is trust administrator is
72.3invested by a registered investment adviser, a bank investment trust department, or an
72.4insurance company or agency retirement investment department. Investment earnings
72.5must be credited to the trust account of the individual political subdivision or public entity.
72.6 (d) For trust assets invested by the State Board of Investment, the investment
72.7restrictions shall be the same as those generally applicable to the State Board of
72.8Investment. For trust assets invested by a trust administrator other than the Public
72.9Employees Retirement Association, the assets may only be invested in investments
72.10authorized under chapter 118A or section 356A.06, subdivision 7, in the manner specified
72.11in the applicable trust document.
72.12 (e) A political subdivision or public entity may provide investment direction to a
72.13trust administrator in compliance with any applicable trust document.
72.14 Subd. 6. Limit on deposit. A political subdivision or public entity may not
72.15deposit money in a trust or trust account created pursuant to this section if the total
72.16amount invested by that political subdivision or public entity would exceed the political
72.17subdivision's or public entity's actuarially determined liabilities for postemployment
72.18benefits due to officers and employees, as determined under the applicable standards of the
72.19Governmental Accounting Standards Board.
72.20 Subd. 7. Withdrawal of funds and termination of account. (a) For a revocable
72.21account, a political subdivision or public entity may withdraw some or all of its money
72.22or terminate the trust account for any reason. Money and accrued investment earnings
72.23withdrawn from a revocable account must be deposited in a fund separate and distinct from
72.24any other funds of the political subdivision or public entity. This money, with accrued
72.25investment earnings, must be used to pay legally enforceable postemployment benefits
72.26to former officers and employees, unless (i) there has been a change in state or federal
72.27law affecting that political subdivision's or public entity's liabilities for postemployment
72.28benefits, or (ii) there has been a change in the demographic composition of that political
72.29subdivision's or public entity's employees eligible for postemployment benefits, or (iii)
72.30there has been a change in the provisions or terms of the postemployment benefits in that
72.31political subdivision or public entity including, but not limited to, the portion of the costs
72.32eligible employees must pay to receive the benefits, or (iv) other factors exist that have
72.33a material effect on that political subdivision's or public entity's actuarially determined
72.34liabilities for postemployment benefits, in which event any amount in excess of 100
72.35percent of that political subdivision's or public entity's actuarially determined liabilities for
73.1postemployment benefits, as determined under standards of the Government Accounting
73.2Standards Board, may be withdrawn and used for any purpose.
73.3 (b) For an irrevocable account, a political subdivision or public entity may withdraw
73.4money only:
73.5 (1) as needed to pay postemployment benefits owed to former officers and employees
73.6of the political subdivision or public entity; or
73.7 (2) when all postemployment benefit liability owed to former officers or employees
73.8of the political subdivision or public entity has been satisfied or otherwise defeased.
73.9 (c) A political subdivision or public entity requesting withdrawal of money from
73.10an account created under this section must do so at a time and in the manner required by
73.11the executive director of the Public Employees Retirement Association or specified in an
73.12applicable trust document. The political subdivision or public entity that created the trust
73.13must ensure that withdrawals comply with the requirements of this section.
73.14 (d) The legislature may not divert funds in these trusts or trust accounts for use for
73.15any other purpose.
73.16 Subd. 8. Status of irrevocable trust. (a) All money in an irrevocable trust or
73.17trust account created in this section is held in trust for the exclusive benefit of former
73.18officers and employees of the participating political subdivision or public entity, and are
73.19not subject to claims by creditors of the state, the participating political subdivision or
73.20public entity, the current or former officers and employees of the political subdivision
73.21or public entity, or the trust administrator.
73.22 (b) An irrevocable trust fund or trust account created in this section shall be deemed
73.23an arrangement equivalent to a trust for all legal purposes.
73.24EFFECTIVE DATE.This section is effective the day following final enactment,
73.25and is applicable immediately to all political subdivisions or public entities subject to
73.26Statement No. 45 of the Governmental Accounting Standards Board in 2007, to those
73.27political subdivisions or public entities whose trusts or trust accounts are validated
73.28by section 113, and to those political subdivisions or public entities that have begun
73.29consideration of measures to implement Statement No. 45 in 2007. This section is
73.30applicable on July 1, 2008, for all other political subdivisions or public entities.
73.31 Sec. 100. Minnesota Statutes 2006, section 473.246, is amended to read:
73.32473.246 COUNCIL'S SUBMISSIONS TOLEGISLATIVE COMMISSION
73.33LEGISLATURE.
74.1 The Metropolitan Council shall submit to theLegislative Commission on
74.2Metropolitan Government chairs of the legislative committees with jurisdiction over
74.3metropolitan affairs information on the council's tax rates and dollar amounts levied for
74.4the current year, proposed property tax rates and levies, operating and capital budgets,
74.5work program, capital improvement program, and any other information requested by the
74.6commission, for review by the legislative commission, as provided in section
3.8841
74.7relevant committees.
74.8EFFECTIVE DATE.This section is effective the day following final enactment.
74.9 Sec. 101. Minnesota Statutes 2006, section 477A.014, subdivision 4, is amended to
74.10read:
74.11 Subd. 4. Costs. The director of the Office of Strategic and Long-Range Planning
74.12shall annually bill the commissioner of revenue for one-half of the costs incurred by the
74.13state demographer in the preparation of materials required by section4A.02 . The state
74.14auditor shall bill the commissioner of revenue for the costs of best practices reviews
74.15and the services provided by the Government Information Division and the parts of the
74.16constitutional office that are related to the government information function, and for
74.17the services provided by the Tax Increment Financing Investment and Finance Division
74.18required by section 469.3201, not to exceed$217,000 $614,000 each fiscal year. The
74.19commissioner of administration shall bill the commissioner of revenue for the costs of
74.20the local government records program and the intergovernmental information systems
74.21activity, not to exceed $205,800 each fiscal year. The commissioner of employee relations
74.22shall bill the commissioner of revenue for the costs of administering the local government
74.23pay equity function, not to exceed $55,000 each fiscal year.
74.24 Sec. 102. Minnesota Statutes 2006, section 491A.02, subdivision 4, is amended to read:
74.25 Subd. 4. Representation. (a) A corporation, partnership, limited liability company,
74.26sole proprietorship, or association may be represented in conciliation court by an officer,
74.27manager, or partner or an agent in the case of a condominium, cooperative, or townhouse
74.28association, or may appoint a natural person who is an employee or commercial property
74.29manager to appear on its behalf or settle a claim in conciliation court. The state or a
74.30political subdivision of the state may be represented in conciliation court by an employee
74.31of the pertinent governmental unit without a written authorization. The state also may be
74.32represented in conciliation court by an employee of the Division of Risk Management of
74.33the Department of Administration without a written authorization. Representation under
74.34this subdivision does not constitute the practice of law for purposes of section481.02,
75.1subdivision 8 . In the case of an officer, employee, commercial property manager, or
75.2agent of a condominium, cooperative, or townhouse association, an authorized power
75.3of attorney, corporate authorization resolution, corporate bylaw, or other evidence of
75.4authority acceptable to the court must be filed with the claim or presented at the hearing.
75.5This subdivision also applies to appearances in district court by a corporation or limited
75.6liability company with five or fewer shareholders or members and to any condominium,
75.7cooperative, or townhouse association, if the action was removed from conciliation court.
75.8 (b) "Commercial property manager" means a corporation, partnership, or limited
75.9liability company or its employees who are hired by the owner of commercial real
75.10estate to perform a broad range of administrative duties at the property including tenant
75.11relations matters, leasing, repairs, maintenance, the negotiation and resolution of tenant
75.12disputes, and related matters. In order to appear in conciliation court, a property manager's
75.13employees must possess a real estate license under section82.20 and be authorized by the
75.14owner of the property to settle all disputes with tenants and others within the jurisdictional
75.15limits of conciliation court.
75.16 (c) A commercial property manager who is appointed to settle a claim in conciliation
75.17court may not charge or collect a separate fee for services rendered under paragraph (a).
75.18 Sec. 103. Minnesota Statutes 2006, section 507.24, subdivision 2, is amended to read:
75.19 Subd. 2. Original signatures required. (a) Unless otherwise provided by law, an
75.20instrument affecting real estate that is to be recorded as provided in this section or other
75.21applicable law must contain the original signatures of the parties who execute it and of the
75.22notary public or other officer taking an acknowledgment. However, a financing statement
75.23that is recorded as a filing pursuant to section336.9-502(b) need not contain: (1) the
75.24signatures of the debtor or the secured party; or (2) an acknowledgment.
75.25 (b)(1) Any electronic instruments, including signatures and seals, affecting real
75.26estate may only be recorded as part of a pilot project for the electronic filing of real
75.27estate documents implemented by the task force created in Laws 2000, chapter 391, or
75.28by the Electronic Real Estate Recording Task Force created under section507.094 . The
75.29Electronic Real Estate Recording Task Force created under section 507.094 may amend
75.30standards set by the task force created in Laws 2000, chapter 391, and may set new or
75.31additional standards and establish pilot projects to the full extent permitted in section
75.32507.094, subdivision 2, paragraph (b). Documents recorded in conformity with those
75.33standards and in those pilot projects are deemed to meet the requirements of this section.
76.1 (2)(i) A county that participated in the pilot project for the electronic filing of real
76.2estate documents under the task force created in Laws 2000, chapter 391, may continue to
76.3record or file documents electronically, if:
76.4(1) (A) the county complies with standards adopted by the task force; and
76.5(2) (B) the county uses software that was validated by the task force.
76.6 (ii) A county that did not participate in the pilot project may record or file a real
76.7estate document electronically, if:
76.8(i) (A) the document to be recorded or filed is of a type included in the pilot project
76.9for the electronic filing of real estate documents under the task force created in Laws
76.102000, chapter 391;
76.11(ii) (B) the county complies with the standards adopted by the task force;
76.12(iii) (C) the county uses software that was validated by the task force; and
76.13(iv) (D) the task force created under section
507.094 , votes to accept a written
76.14certification of compliance with paragraph (b), clause (2), of this section by the county
76.15board and county recorder of the county to implement electronic filing under this section.
76.16 (c) Notices filed pursuant to section168A.141, subdivisions 1 and 3 , need not
76.17contain an acknowledgment.
76.18 Sec. 104. Laws 2006, chapter 253, section 22, subdivision 1, is amended to read:
76.19 Subdivision 1. Genetic information; work group. (a) The commissioner must
76.20create a work group to develop principles for public policy on the use of genetic
76.21information. The work group must include representatives of state government, including
76.22the judicial branch, local government, prosecutors, public defenders, the American Civil
76.23Liberties Union - Minnesota, the Citizens Council on Health Care, the University of
76.24Minnesota Center on Bioethics, the Minnesota Medical Association, the Mayo Clinic
76.25and Foundation, the March of Dimes, and representatives of employers, researchers,
76.26epidemiologists, laboratories, and insurance companies.
76.27 (b) The commissioner of administration and the work group must conduct reviews
76.28of the topics in paragraphs (c) to (f), in light of the issues raised in the report on treatment
76.29of genetic information under state law required by Laws 2005, chapter 163, section 87.
76.30The commissioner must report the results, including any recommendations for legislative
76.31changes, to the chairs of the house Civil Law Committee and the senate Judiciary
76.32Committee and the ranking minority members of those committees by January 15,2008
76.332009.
77.1 (c) The commissioner and the work group must determine whether changes are
77.2needed in Minnesota Statutes, section144.69 , dealing with collection of information
77.3from cancer patients and their relatives.
77.4 (d) The commissioner and the work group must make recommendations whether
77.5all relatives affected by a formal three-generation pedigree created by the Department of
77.6Health should be able to access the entire data set, rather than only allowing individuals
77.7access to the data of which they are the subject.
77.8 (e) The commissioner and the work group must identify, and may make
77.9recommendations among, options for resolving questions of secondary uses of genetic
77.10information.
77.11 (f) The commissioner and the work group must make recommendations whether
77.12legislative changes are needed regarding access to DNA test results and the specimens
77.13used to create the test results held by the Bureau of Criminal Apprehension as part of
77.14a criminal investigation.
77.15 Sec. 105. FORD BUILDING.
77.16 The Ford Building at 117 University Avenue in St. Paul may not be demolished
77.17during the biennium ending June 30, 2009.
77.18 Sec. 106. TASK FORCE.
77.19 Subdivision 1. Creation. A task force is created to work with the Commissioner of
77.20Administration on a disparity study. The task force consists of one member appointed by
77.21and serving at the pleasure of each of the following groups:
77.22 (1) the Council on Asian-Pacific Minnesotans;
77.23 (2) the Council on Black Minnesotans;
77.24 (3) the Council on Affairs of Chicano/Latino people;
77.25 (4) the Indian Affairs Council;
77.26 (5) the Association of Women Contractors; and
77.27 (6) the National Association of Minority Contractors.
77.28 Subd. 2. Consultation and approval. (a) The commissioner must consult with
77.29the task force on the design of the disparity study, the nature of the services sought in a
77.30request for proposals for the study, the criteria that the commissioner will use to evaluate
77.31and select a contractor, and selection of the contractor.
77.32 (b) The commissioner must consult with the task force regarding the commissioner's
77.33interpretation of data obtained through the study, and on the commissioner's
77.34recommendations for any changes in the targeted group purchasing program resulting from
78.1the study. The task force may make its own recommendations before the commissioner
78.2presents the recommendations in a final report. If the commissioner's recommendations
78.3are different from the task force recommendations, the commissioner's report must note
78.4the differences.
78.5 Subd. 3. Support services. The commissioner must provide meeting space and
78.6administrative support to the task force.
78.7 Subd. 4. Expiration. The task force expires at the end of the regular session of the
78.8legislature at which the commissioner presents the results of the targeted group business
78.9disparity study to the legislature.
78.10 Sec. 107. VALIDATION.
78.11 Any trust or trust account or other custodial account or contract authorized under
78.12section 401(f) of the Internal Revenue Code, created prior to June 6, 2006, to pay
78.13postemployment benefits to employees or officers after termination of service, is hereby
78.14validated, may continue in full force and effect, and shall have continuing authority
78.15to accept new funds; however, this section does not validate or correct defects in any
78.16previously created trust document. Any funds held by a validated trust or account
78.17under this section may be invested as provided in Minnesota Statutes, section 471.6175,
78.18subdivision 5. A validated trust or account shall have until January 1, 2008, to bring
78.19its trust documents and procedures into compliance with Minnesota Statutes, section
78.20471.6175.
78.21EFFECTIVE DATE.This section is effective the day following final enactment.
78.22 Sec. 108. REPORT; ACCOUNTING PRINCIPLES.
78.23 By October 15, 2007, the commissioner of finance must provide a report listing
78.24specific areas where state budgeting practices differ from generally accepted accounting
78.25principles and the reasons for those differences. If that difference is a result of direction in
78.26law, the report must include the law causing the difference.
78.27 Sec. 109. BUILDING REPLACEMENT FUNDS.
78.28 In addition to the requirements in Laws 2002, chapter 400, section 13, subdivision 7,
78.29the commissioner of administration shall collect appropriate rent revenues for the Elmer L.
78.30Andersen and Orville L. Freeman buildings to be set aside in a segregated special revenue
78.31fund for deferred maintenance and other extraordinary building repairs. Funds shall be
78.32expended for these purposes as determined by the commissioner.
79.1EFFECTIVE DATE.This section is effective the day following final enactment.
79.2 Sec. 110. COMPENSATION FOR PERIOD OF PARTIAL GOVERNMENT
79.3SHUTDOWN.
79.4 Subdivision 1. Definitions; coverage. For purposes of this section:
79.5 (1) "employee" means a state employee, as defined in Minnesota Statutes, section
79.643A.02, subdivision 21, who is a state employee on the effective date of this section and
79.7who the commissioner determines was prevented from working because of the partial
79.8government shutdown; and
79.9 (2) "partial government shutdown" means the period from July 1, 2005, through July
79.1014, 2005, during which appropriations needed to fund certain state government functions
79.11had not been enacted.
79.12 Subd. 2. Credit for uncompensated hours. A state employee who was previously
79.13compensated in cash or by a credit to the employee's vacation bank for hours the employee
79.14could not work due to the partial government shutdown, must:
79.15 (1) be paid an additional amount equal to the previous payment, if the previous
79.16payment was made in cash; or
79.17 (2) have hours credited to the employee's vacation bank in the same amount as
79.18the previous credit.
79.19EFFECTIVE DATE.This section is effective the day following final enactment.
79.20The commissioner must make payments or credits required by this section within 30
79.21days of the effective date of this section.
79.22 Sec. 111. ELECTRONIC DOCUMENTS STUDY AND REPORT.
79.23 Subdivision 1. Study. The chief information officer of the state shall study
79.24how electronic documents and the mechanisms and processes for accessing and
79.25reading electronic data can be created, maintained, exchanged, and preserved by the
79.26state in a manner that encourages appropriate government control, access, choice,
79.27and interoperability. The study must consider, but not be limited to, the policies of
79.28other states and nations, management guidelines for state archives as they pertain to
79.29electronic documents, public access, expected storage life of electronic documents, costs
79.30of implementation, and savings. The chief information officer shall solicit comments
79.31regarding the creation, maintenance, exchange, and preservation of electronic documents
79.32by the state from stakeholders, including but not limited to the legislative auditor,
79.33the attorney general, the state archivist, the state legislative reference librarian, other
80.1librarians, representatives of the state historical society, and other historians. The chief
80.2information officer shall also solicit comments from members of the public.
80.3 Subd. 2. Report and recommendation. The chief information officer shall
80.4report the officer's findings and recommendations to the chairs of the senate State
80.5and Local Government Operations and Oversight Committee; house Government
80.6Operations, Reform, Technology and Elections Committee; and the senate and house State
80.7Government Finance Divisions by January 15, 2008.
80.8 Sec. 112. LABOR AGREEMENTS AND COMPENSATION PLANS.
80.9 Subdivision 1. Minnesota Law Enforcement Association. The labor agreement
80.10between the state of Minnesota and the Minnesota Law Enforcement Association,
80.11approved by the Legislative Coordinating Commission Subcommittee on Employee
80.12Relations on August 7, 2006, is ratified.
80.13 Subd. 2. Minnesota Nurses Association. The labor agreement between the
80.14state of Minnesota and the Minnesota Nurses Association, approved by the Legislative
80.15Coordinating Commission Subcommittee on Employee Relations on September 18, 2006,
80.16is ratified.
80.17 Subd. 3. Office of Higher Education. The amendments to the compensation
80.18plan for unrepresented employees of the Office of Higher Education, approved by
80.19the Legislative Coordinating Commission Subcommittee on Employee Relations on
80.20September 18, 2006, are ratified.
80.21 Subd. 4. Gambling Control Board. The proposal to increase the salary of the
80.22director of the Gambling Control Board, as approved by the Legislative Coordinating
80.23Commission Subcommittee on Employee Relations on August 7, 2006, is ratified.
80.24 Subd. 5. Public Employees Retirement Association. The proposal to increase
80.25the salary of the director of the Public Employees Retirement Association, as approved
80.26by the Legislative Coordinating Commission Subcommittee on Employee Relations on
80.27March 27, 2007, is ratified.
80.28 Subd. 6. Minnesota State Retirement System. The proposal to increase the
80.29salary of the director of the Minnesota State Retirement System, as approved by the
80.30Legislative Coordinating Commission Subcommittee on Employee Relations on March
80.3127, 2007, is ratified.
80.32 Subd. 7. Teachers Retirement Association. The proposal to increase the salary
80.33of the director of the Teachers Retirement Association, as approved by the Legislative
80.34Coordinating Commission Subcommittee on Employee Relations on March 27, 2007,
80.35is ratified.
81.1EFFECTIVE DATE.This section is effective the day following final enactment.
81.2 Sec. 113. STATE EMPLOYEES ELECTRONIC HEALTH RECORDS PILOT
81.3PROJECT.
81.4 Subdivision 1. Project established. The Minnesota State Colleges and Universities
81.5Board of Trustees (MnSCU), in collaboration with the commissioner of employee relations
81.6shall establish an enterprise-wide pilot project to provide consumer-owned electronic
81.7personal health records to MnSCU employees and all participants in the state employee
81.8group insurance program. If the Department of Employee Relations is abolished, then the
81.9Minnesota State Colleges and Universities Board of Trustees shall work in collaboration
81.10with the commissioner of the department responsible for administration of the state
81.11employee group insurance program.
81.12 Subd. 2. Project goals. The goal of the project is to provide consumer-owned
81.13electronic personal health records that are portable among health care providers, health
81.14plan companies, and employers in order to control costs, improve quality, and enhance
81.15safety, and to demonstrate the feasibility of a statewide health information exchange.
81.16The pilot project shall coordinate to the extent possible with other health information
81.17consumer engagement initiatives in Minnesota designed to support the goal of statewide
81.18health information exchange. The electronic personal health records may provide, but
81.19are not limited to, the following:
81.20 (1) access to electronic medical records;
81.21 (2) prescription and appointment information;
81.22 (3) information regarding health education, public health, and health cost
81.23management; and
81.24 (4) privacy, security, and HIPAA compliance.
81.25 Sec. 114. VALUE-ADDED CONTRACT AUTHORITY.
81.26 (a) The director of the Office of Enterprise Technology, with approval of
81.27the commissioner of finance, may enter into contracts for: (1) development and
81.28implementation of an electronic system for executive branch state agencies to issue
81.29licenses; and (2) development and implementation of an integrated system to support
81.30tax processing, reporting, and enforcement functions. The director must use funds
81.31appropriated by this act for these purposes. In addition, the director may enter into
81.32contracts for these purposes under which the vendor initially pays all or part of the costs,
81.33and the state accounting system does not show an encumbrance for some or all of the
81.34contract liability when the director initially enters into the contracts.
82.1 (b) Before entering into a contract authorized by this section, the director must
82.2prepare, and the commissioner of finance must approve, a plan for how payments will be
82.3made to the vendors under the contracts. If the contracts will involve performance-based
82.4payments to the vendor, the plan must describe the criteria for making those payments. If
82.5the director intends to pay for all or part of the contract from savings generated, the plan
82.6must describe what savings are anticipated, and how the savings will be captured so as to
82.7be available to make payments under the contract. The plan must explain how the total
82.8contract costs relate to the costs anticipated in the governor's budget recommendations
82.9presented to the legislature in 2007.
82.10 (c) The director must present the plan required by paragraph (b) to the chairs of the
82.11house Ways and Means and Finance Committees and the senate Finance Committee when
82.12the director submits the plan to the commissioner of finance for approval. The director
82.13must notify these chairs when the commissioner of finance has approved the plan. This
82.14notice must include any changes from the original plan.
82.15 (d) The director must report to the chairs of the house Ways and Means and Finance
82.16Committees and the senate Finance Committee by January 15 each of the next five years
82.17after entering into a contract authorized under this section. The report must include a
82.18detailed breakdown of how and by whom the contract costs are being paid, and on the cost
82.19savings and service improvements achieved as a result of the contract.
82.20 Sec. 115. PRE-1969 TRA MEMBER GRATUITY PAYMENT.
82.21 (a) $4,100,000 is appropriated to the executive director of the Teachers Retirement
82.22Association for the payment of a gratuity to persons who were teachers as defined in
82.23Minnesota Statutes, section 354.05, subdivision 2, and who rendered teaching service as
82.24defined in Minnesota Statutes, section 354.05, subdivision 3, either during the 1968-1969
82.25school year, but were not covered by the improved money purchase program savings
82.26clause in Minnesota Statutes, section 354.55, subdivision 17, or before the 1968-1969
82.27school year, did not take a refund of member contributions upon the termination of teacher
82.28service, and who were eligible to make an election under Minnesota Statutes 1971, section
82.29354.55, subdivision 8. The payment is intended to reflect the special contribution of
82.30these persons to education and to offset any unfulfilled expectation the person may have
82.31as to potential benefit levels. The gratuity payment amount for each person is $1,000 or
82.32a prorated portion of that amount if, at any time, the executive director of the Teachers
82.33Retirement Association determines that payment of the full amount to the remaining
82.34participants would likely exceed the appropriation.
83.1 (b) The Teachers Retirement Association shall make available to persons eligible to
83.2receive a payment under this section on or before August 1, 2007, an application form.
83.3Filing an application form is a waiver of any legal, equitable, or legislative claim for any
83.4other special consideration and the form must indicate the waiver.
83.5 (c) On August 1, 2007, the Teachers Retirement Association shall determine those
83.6remaining persons who are eligible to receive a payment under this section and who have
83.7not applied for a payment and send to each remaining person, at the person's residence
83.8of record, a state warrant of the full or a prorated payment amount. If the recipient
83.9negotiates the state warrant, that negotiation constitutes a waiver of any legal, equitable,
83.10or legislative claim for any other special consideration as documentation accompanying
83.11the warrant must indicate the waiver. Any warrant under this section expires on August
83.121, 2009, and the amount of any unnegotiated state warrant under this section cancels
83.13to the Teachers Retirement Association.
83.14 Sec. 116. CERTIFICATE OF COMPLIANCE; TEMPORARY PROVISION.
83.15 Subdivision 1. Pay equity. Until July 1, 2008, a business that is not in compliance
83.16with equitable compensation relationship standards under Minnesota Statutes, section
83.1743A.50, is making a good faith effort to achieve compliance if the commissioner of
83.18employee relations has approved:
83.19 (1) a statement of the business's intention to prepare a pay equity report and an
83.20estimated date no later than July 1, 2008, when the report and plan will be submitted; and
83.21 (2) information on the business's current status, including a statement on the
83.22existence of a company-wide job evaluation system, the total number of male and female
83.23employees of the business, and the business's interest in receiving training on how to
83.24establish equitable compensation relationships.
83.25 Subd. 2. Report. The commissioner of employee relations shall report to the
83.26legislature by January 31, 2008, on implementation of this section. The report must
83.27include findings and recommendations on any changes needed to ensure that state
83.28contractors achieve equitable compensation relationships.
83.29 Sec. 117. SUSTAINABLE GROWTH WORKING GROUP.
83.30 Subdivision 1. Creation. The sustainable growth working group consists of the
83.31following members:
83.32 (1) two senators, including one member of the minority caucus, appointed by the
83.33Subcommittee on Committees of the Committee on Rules and Administration;
84.1 (2) two members of the house of representatives, one appointed by the speaker
84.2and one appointed by the minority leader;
84.3 (3) commissioners of the following agencies, or their designees: Department of
84.4Natural Resources, Department of Administration, Department of Agriculture, Department
84.5of Commerce, Department of Transportation, Department of Employment and Economic
84.6Development, Minnesota Housing Finance Agency, and the Minnesota Pollution Control
84.7Agency; and the chair of the Metropolitan Council or the chair's designee;
84.8 (4) up to 12 public members who have an interest in promoting sustainable
84.9communities in Minnesota, including up to six public members appointed by the speaker
84.10of the house of representatives and up to six public members appointed by the majority
84.11leader of the senate. The appointing authorities must use their best efforts to include at
84.12least one representative from each of the following sectors: business, environmental,
84.13energy, affordable housing, transportation, local government, planning, and philanthropic.
84.14 The membership of the working group must include balanced representation from
84.15rural, urban, and suburban areas of the state.
84.16 Subd. 2. Duties. The working group must identify strategies, recommendations, and
84.17a process for implementing state-level coordination of state and local policies, programs,
84.18and regulations in the areas of housing, transportation, natural resource preservation,
84.19capital development, economic development, sustainability, and preservation of the
84.20environment. The working group must identify sustainable development principles that
84.21will guide decision making in Minnesota. The working group must gather information
84.22and develop strategies relative to the strategic use of state resources, to be consistent with
84.23statewide goals of sustainable development. The working group must report proposed
84.24strategies, recommendations, and a process for implementation to the legislature and the
84.25governor by February 1, 2008. In its report to the legislature and the governor, the working
84.26group must identify its source of funding.
84.27 Subd. 3. Administrative provisions. (a) The commissioner of administration
84.28must convene the initial meeting. Upon request of the working group, the commissioner
84.29must provide meeting space and administrative services for the group. The Office of
84.30Geographic and Demographic Analysis must provide staff support for the working group.
84.31The members of the working group must elect a chair.
84.32 (b) Members of the working group serve without compensation but may be
84.33reimbursed for expenses under Minnesota Statutes, section 15.059.
84.34 (c) The working group expires June 30, 2008.
85.1 (d) The working group may accept gifts and grants, which are accepted on behalf
85.2of the state and constitute donations to the state. Funds received are appropriated to the
85.3commissioner of administration for purposes of the working group.
85.4 Sec. 118. ASSISTANCE.
85.5 House and senate staff must assist the Legislative Coordinating Commission with
85.6new duties assigned to the commission by this act.
85.7 Sec. 119. TRAINING SERVICES.
85.8 During the biennium ending June 30, 2009, state executive branch agencies must
85.9consider using services provided by government training services before contracting with
85.10other outside vendors for similar services.
85.11 Sec. 120. REPEALER.
85.12Minnesota Statutes 2006, sections 3.884; 3.8841; 6.56, subdivision 1; 16A.102;
85.1316C.055, subdivision 1; 16C.08, subdivision 4a; 69.051, subdivision 1c; 359.085,
85.14subdivision 8; and 645.44, subdivision 19, are repealed.
85.17 Section 1. Minnesota Statutes 2006, section 16C.02, is amended by adding a
85.18subdivision to read:
85.19 Subd. 4a. Best value; construction. For purposes of construction, building,
85.20alteration, improvement, or repair services, "best value" describes the result determined by
85.21a procurement method that considers price and performance criteria, which may include,
85.22but are not limited to:
85.23 (1) the quality of the vendor's or contractor's performance on previous projects;
85.24 (2) the timeliness of the vendor's or contractor's performance on previous projects;
85.25 (3) the level of customer satisfaction with the vendor's or contractor's performance
85.26on previous projects;
85.27 (4) the vendor's or contractor's record of performing previous projects on budget and
85.28ability to minimize cost overruns;
85.29 (5) the vendor's or contractor's ability to minimize change orders;
85.30 (6) the vendor's or contractor's ability to prepare appropriate project plans;
85.31 (7) the vendor's or contractor's technical capacities;
85.32 (8) the individual qualifications of the contractor's key personnel; or
86.1 (9) the vendor's or contractor's ability to assess and minimize risks.
86.2 "Performance on previous projects" does not include the exercise or assertion of a
86.3person's legal rights. This definition does not apply to sections 16C.32, 16C.33, 16C.34,
86.4and 16C.35.
86.5 Sec. 2. Minnesota Statutes 2006, section 16C.02, is amended by adding a subdivision
86.6to read:
86.7 Subd. 20. Vendor. "Vendor" means a business, including a construction contractor
86.8or a natural person, and includes both if the natural person is engaged in a business.
86.9 Sec. 3. Minnesota Statutes 2006, section 16C.03, subdivision 3, is amended to read:
86.10 Subd. 3. Acquisition authority. The commissioner shall acquire all goods, services,
86.11and utilities needed by agencies. The commissioner shall acquire goods, services, and
86.12utilities by requests for bids, requests for proposals, reverse auctions as provided in
86.13section16C.10, subdivision 7 , or other methods provided by law, unless a section of law
86.14requires a particular method of acquisition to be used. The commissioner shall make all
86.15decisions regarding acquisition activities. The determination of the acquisition method
86.16and all decisions involved in the acquisition process, unless otherwise provided for by
86.17law, shall be based on best value which includes an evaluation of price and may include
86.18other considerations including, but not limited to, environmental considerations, quality,
86.19and vendor performance. A best value determination must be based on the evaluation
86.20criteria detailed in the solicitation document. If criteria other than price are used, the
86.21solicitation document must state the relative importance of price and other factors.Unless
86.22it is determined by the commissioner that an alternative solicitation method provided by
86.23law should be used to determine best value, a request for bid must be used to solicit
86.24formal responses for all building and construction contracts. Any or all responses may
86.25be rejected. When using the request for bid process, the bid must be awarded to the
86.26lowest responsive and responsible bidder, taking into consideration conformity with
86.27the specifications, terms of delivery, the purpose for which the contract or purchase is
86.28intended, the status and capability of the vendor, and other considerations imposed in the
86.29request for bids. The commissioner may decide which is the lowest responsible bidder
86.30for all purchases and may use the principles of life-cycle costing, where appropriate, in
86.31determining the lowest overall bid. The duties set forth in this subdivision are subject to
86.32delegation pursuant to this section.
87.1 Sec. 4. Minnesota Statutes 2006, section 16C.03, is amended by adding a subdivision
87.2to read:
87.3 Subd. 3a. Acquisition authority; construction contracts. For all building and
87.4construction contracts, the commissioner shall award contracts pursuant to section
87.516C.28, and "best value" shall be defined and applied as set forth in sections 16C.02,
87.6subdivision 4a and 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).
87.7The duties set forth in this subdivision are subject to delegation pursuant to this section.
87.8The commissioner shall establish procedures for developing and awarding best value
87.9requests for proposals for construction projects. The criteria to be used to evaluate the
87.10proposals must be included in the solicitation document and must be evaluated in an open
87.11and competitive manner.
87.12 Sec. 5. Minnesota Statutes 2006, section 16C.03, is amended by adding a subdivision
87.13to read:
87.14 Subd. 19. Training. Any personnel administering procurement procedures for a
87.15user of best value procurement or any consultant retained by a local unit of government to
87.16prepare or evaluate solicitation documents must be trained, either by the department or
87.17through other training, in the request for proposals process for best value contracting for
87.18construction projects. The commissioner may establish a training program for state and
87.19local officials, and vendors and contractors, on best value procurement for construction
87.20projects, including those governed by section 16C.28. If the commissioner establishes
87.21such a training program, the state may charge a fee for providing training.
87.22 Sec. 6. Minnesota Statutes 2006, section 16C.26, is amended to read:
87.2316C.26 COMPETITIVE BIDS OR PROPOSALS.
87.24 Subdivision 1. Application. Except as otherwise provided by sections 16C.10,
87.2516C.26
and
16C.27 , all contracts for building and construction or repairs must be based on
87.26competitive bids or proposals. "Competitive proposals" specifically refers to the method
87.27of procurement described in section 16C.28, subdivision 1, paragraph (a), clause (2).
87.28 Subd. 2. Requirement contracts. Standard requirement price contracts for building
87.29and construction must be established by competitive bids as provided in subdivision 1.
87.30The standard requirement price contracts may contain escalation clauses and may provide
87.31for a negotiated price increase or decrease based upon a demonstrable industrywide or
87.32regional increase or decrease in the vendor's costs or for the addition of similar products or
87.33replacement items not significant to the total value of existing contracts. The term of these
87.34contracts may not exceed five years including all extensions.
88.1 Subd. 3. Publication of notice; expenditures over $25,000. If the amount of an
88.2expenditure is estimated to exceed $25,000, bids or proposals must be solicited by public
88.3notice in a manner designated by the commissioner. To the extent practical, this must
88.4include posting on a state Web site. For expenditures over $50,000, when a call for bids is
88.5issued the commissioner shall solicit sealed bids by providing notices to all prospective
88.6bidders known to the commissioner by posting notice on a state Web site at least seven
88.7days before the final date of submitting bids. All bids over $50,000 must be sealed when
88.8they are received and must be opened in public at the hour stated in the notice. All
88.9proposals responsive to a request for proposals according to section 16C.28, subdivision
88.101, paragraph (a), clause (2), and paragraph (c), shall be submitted and evaluated in the
88.11manner described in the request for proposals, regardless of the dollar amount. All original
88.12bids and proposals and all documents pertaining to the award of a contract must be retained
88.13and made a part of a permanent file or record and remain open to public inspection.
88.14 Subd. 4. Building and construction contracts; $50,000 or less. An informal bid
88.15may be used for building, construction, and repair contracts that are estimated at less than
88.16$50,000. Informal bids must be authenticated by the bidder in a manner specified by the
88.17commissioner. Alternatively, a request for proposals may be issued according to section
88.1816C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c), for such contracts.
88.19 Subd. 5. Standard specifications, security. Contracts must be based on the
88.20standard specifications prescribed and enforced by the commissioner under this chapter,
88.21unless otherwise expressly provided or as authorized under section 16C.28, subdivision
88.221, paragraph (a), clause (2), and paragraph (c). Eachbidder for a contract vendor or
88.23contractor must furnish security approved by the commissioner to ensure the making of
88.24the contract being bid for.
88.25 Subd. 6. Noncompetitive bids. Agencies are encouraged to contract with small
88.26targeted group businesses designated under section16C.16 when entering into contracts
88.27that are not subject to competitive bidding procedures.
88.28 Sec. 7. Minnesota Statutes 2006, section 16C.27, subdivision 1, is amended to read:
88.29 Subdivision 1. Single source of supply. Competitive biddingis or proposals are not
88.30required for contracts clearly and legitimately limited to a single source of supply, and the
88.31contract price may be best established by direct negotiation.
88.32 Sec. 8. Minnesota Statutes 2006, section 16C.28, is amended to read:
88.3316C.28 CONTRACTS; AWARD.
89.1 Subdivision 1.Lowest responsible bidder Award requirements. (a) All state
89.2building and construction contracts entered into by or under the supervision of the
89.3commissioner or an agency for which competitive bids or proposals are requiredmust
89.4be awarded to the lowest responsible bidder, taking into consideration conformity with
89.5the specifications, terms of delivery, the purpose for which the contract is intended, the
89.6status and capability of the vendor, and other considerations imposed in the call for bids.
89.7The commissioner may decide which is the lowest responsible bidder for all contracts
89.8and may use the principles of life cycle costing, where appropriate, in determining the
89.9lowest overall bid. The head of the interested agency shall make the decision, subject
89.10to the approval of the commissioner. Any or all bids may be rejected. In a case where
89.11competitive bids are required and where all bids are rejected, new bids, if solicited, must
89.12be called for as in the first instance, unless otherwise provided by law. may be awarded to
89.13either of the following:
89.14 (1) the lowest responsible bidder, taking into consideration conformity with the
89.15specifications, terms of delivery, the purpose for which the contract is intended, the status
89.16and capability of the vendor or contractor, other considerations imposed in the call for
89.17bids, and, where appropriate, principles of life-cycle costing; or
89.18 (2) the vendor or contractor offering the best value, taking into account the
89.19specifications of the request for proposals, the price and performance criteria as set forth
89.20in section 16C.02, subdivision 4a, and described in the solicitation document.
89.21 (b) The vendor or contractor must secure bonding, commercial general insurance
89.22coverage, and workers' compensation insurance coverage under paragraph (a), clause
89.23(1) or (2). The commissioner shall determine whether to use the procurement process
89.24described in paragraph (a), clause (1), or the procurement process described in paragraph
89.25(a), clause (2). If the commissioner uses the method in paragraph (a), clause (2), the head
89.26of the agency shall determine which vendor or contractor offers the best value, subject to
89.27the approval of the commissioner. Any or all bids or proposals may be rejected.
89.28 (c) When using the procurement process described in paragraph (a), clause (2), the
89.29solicitation document must state the relative importance of price and other factors.
89.30 Subd. 1a. Establishment and purpose. (a) The state recognizes the importance of
89.31the inclusion of a best value contracting system for construction as an alternative to the
89.32current low-bid system of procurement. In order to accomplish that goal, state and local
89.33governmental entities shall be able to choose the best value system in different phases.
89.34 (b) "Best value" means the procurement method defined in section 16C.02,
89.35subdivision 4a.
89.36 (c) The following entities are eligible to participate in phase I:
90.1 (1) state agencies;
90.2 (2) counties;
90.3 (3) cities; and
90.4 (4) school districts with the highest 25 percent enrollment of students in the state.
90.5Phase I begins on the effective date of this section.
90.6 (d) The following entities are eligible to participate in phase II:
90.7 (1) those entities included in phase I; and
90.8 (2) school districts with the highest 50 percent enrollment of students in the state.
90.9Phase II begins two years from the effective date of this section.
90.10 (e) The following entities are eligible to participate in phase III:
90.11 (1) all entities included in phases I and II; and
90.12 (2) all other townships, school districts, and political subdivisions in the state.
90.13Phase III begins three years from the effective date of this section.
90.14 (f) The commissioner or any agency for which competitive bids or proposals are
90.15required may not use best value contracting as defined in section 16C.02, subdivision 4a,
90.16for more than one project annually, or 20 percent of its projects, whichever is greater, in
90.17each of the first three fiscal years in which best value construction contracting is used.
90.18 Subd. 2. Alterations and erasures. A bid containing an alteration or erasure of
90.19any price contained in the bid which is used in determining the lowest responsible bid
90.20must be rejected unless the alteration or erasure is corrected in a manner that is clear and
90.21authenticated by an authorized representative of the responder. An alteration or erasure
90.22may be crossed out and the correction printed in ink or typewritten adjacent to it and
90.23initialed by an authorized representative of the responder.
90.24 Subd. 3. Special circumstances. The commissioner may reject the bid or proposal
90.25of anybidder vendor or contractor who has failed to perform a previous contract with
90.26the state. In the case of identical low bids from two or more bidders, the commissioner
90.27may use negotiated procurement methods with the tied low bidders for that particular
90.28transaction so long as the price paid does not exceed the low tied bid price. The
90.29commissioner may award contracts to more than onebidder vendor or contractor in
90.30accordance with subdivision 1, if doing so does not decrease the service level or diminish
90.31the effect of competition.
90.32 Subd. 4. Record. A record must be kept of all bids or proposals, including names of
90.33bidders, amounts of bids or proposals, and each successful bid or proposal. This record is
90.34open to public inspection, subject to section 13.591 and other applicable law.
91.1 Subd. 5. Preferences not cumulative. The preferences under sections16B.121 ,
91.216C.06, subdivision 7
, and
16C.16 apply, but are not cumulative. The total percentage
91.3of preference granted on a contract may not exceed the highest percentage of preference
91.4allowed for that contract under any one of those sections.
91.5 Sec. 9. Minnesota Statutes 2006, section 103D.811, subdivision 3, is amended to read:
91.6 Subd. 3. Awarding of contract. (a) At a time and place specified in the bid notice,
91.7the managers may accept or reject any or all bids and may award the contract to the lowest
91.8responsible bidder. The bidder to whom the contract is to be awarded must give a bond,
91.9with ample security, conditioned by satisfactory completion of the contract.
91.10 (b) Bids must not be considered which in the aggregate exceed by more than 30
91.11percent the total estimated cost of construction or implementation.
91.12 (c) As an alternative to the procurement method described in paragraph (a), the
91.13managers may issue a request for proposals and award the contract to the vendor or
91.14contractor offering the best value as described in section 16C.28, subdivision 1, paragraph
91.15(a), clause (2), and paragraph (c).
91.16 (d) The contract must be in writing and be accompanied by or refer to the plans and
91.17specifications for the work to be done as prepared by the engineer for the watershed
91.18district. The plans and specifications shall become a part of the contract.
91.19(d) (e) The contract shall be approved by the managers and signed by the president,
91.20secretary, and contractor.
91.21 Sec. 10. Minnesota Statutes 2006, section 103E.505, subdivision 5, is amended to read:
91.22 Subd. 5. How contract may be awarded. The contract may be awarded in one
91.23job, in sections, or separately for labor and material andmust may be let to the lowest
91.24responsible bidder. Alternatively, the contract may be awarded to the vendor or contractor
91.25offering the best value under a request for proposals as described in section 16C.28,
91.26subdivision 1, paragraph (a), clause (2), and paragraph (c).
91.27 Sec. 11. Minnesota Statutes 2006, section 116A.13, subdivision 5, is amended to read:
91.28 Subd. 5. How job may be let. The job may be let in one job, or in sections, or
91.29separately for labor and material, andshall may be let to the lowest responsible bidder or
91.30bidders therefor. Alternatively, the contract may be awarded to the vendor or contractor
91.31offering the best value under a request for proposals as described in section 16C.28,
91.32subdivision 1, paragraph (a), clause (2), and paragraph (c).
92.1 Sec. 12. Minnesota Statutes 2006, section 123B.52, subdivision 1, is amended to read:
92.2 Subdivision 1. Contracts. A contract for work or labor, or for the purchase of
92.3furniture, fixtures, or other property, except books registered under the copyright laws, or
92.4for the construction or repair of school houses, the estimated cost or value of which shall
92.5exceed that specified in section471.345, subdivision 3 , must not be made by the school
92.6board without first advertising for bids or proposals by two weeks' published notice in the
92.7official newspaper. This notice must state the time and place of receiving bids and contain
92.8a brief description of the subject matter.
92.9 Additional publication in the official newspaper or elsewhere may be made as the
92.10board shall deem necessary.
92.11 After taking into consideration conformity with the specifications, terms of delivery,
92.12and other conditions imposed in the call for bids, every such contract for which a call for
92.13bids has been issued must be awarded to the lowest responsible bidder, be duly executed
92.14in writing, and be otherwise conditioned as required by law. The person to whom the
92.15contract is awarded shall give a sufficient bond to the board for its faithful performance.
92.16Notwithstanding section574.26 or any other law to the contrary, on a contract limited
92.17to the purchase of a finished tangible product, a board may require, at its discretion, a
92.18performance bond of a contractor in the amount the board considers necessary. A record
92.19must be kept of all bids, with names of bidders and amount of bids, and with the successful
92.20bid indicated thereon. A bid containing an alteration or erasure of any price contained in
92.21the bid which is used in determining the lowest responsible bid must be rejected unless the
92.22alteration or erasure is corrected as provided in this section. An alteration or erasure may
92.23be crossed out and the correction thereof printed in ink or typewritten adjacent thereto and
92.24initialed in ink by the person signing the bid. In the case of identical low bids from two or
92.25more bidders, the board may, at its discretion, utilize negotiated procurement methods
92.26with the tied low bidders for that particular transaction, so long as the price paid does not
92.27exceed the low tied bid price. In the case where only a single bid is received, the board
92.28may, at its discretion, negotiate a mutually agreeable contract with the bidder so long as
92.29the price paid does not exceed the original bid. If no satisfactory bid is received, the
92.30board may readvertise. Standard requirement price contracts established for supplies or
92.31services to be purchased by the district must be established by competitive bids. Such
92.32standard requirement price contracts may contain escalation clauses and may provide for a
92.33negotiated price increase or decrease based upon a demonstrable industrywide or regional
92.34increase or decrease in the vendor's costs. Either party to the contract may request that the
92.35other party demonstrate such increase or decrease. The term of such contracts must not
92.36exceed two years with an option on the part of the district to renew for an additional two
93.1years. Contracts for the purchase of perishable food items, except milk for school lunches
93.2and vocational training programs, in any amount may be made by direct negotiation
93.3by obtaining two or more written quotations for the purchase or sale, when possible,
93.4without advertising for bids or otherwise complying with the requirements of this section
93.5or section471.345, subdivision 3 . All quotations obtained shall be kept on file for a
93.6period of at least one year after receipt.
93.7 Every contract made without compliance with the provisions of this section shall be
93.8void. Except in the case of the destruction of buildings or injury thereto, where the public
93.9interest would suffer by delay, contracts for repairs may be made without advertising
93.10for bids.
93.11 Sec. 13. Minnesota Statutes 2006, section 123B.52, is amended by adding a
93.12subdivision to read:
93.13 Subd. 1b. Best value alternative. As an alternative to the procurement method
93.14described in subdivision 1, a contract for construction, building, alteration, improvement,
93.15or repair work may be awarded to the vendor or contractor offering the best value under a
93.16request for proposals as described in section 16C.28, subdivision 1, paragraph (a), clause
93.17(2), and paragraph (c).
93.18 Sec. 14. Minnesota Statutes 2006, section 160.17, is amended by adding a subdivision
93.19to read:
93.20 Subd. 2a. Best value alternative. As an alternative to the procurement method
93.21referenced in subdivision 2, counties or towns may issue a request for proposal and award
93.22the contract to the vendor or contractor offering the best value as described in section
93.2316C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).
93.24 Sec. 15. Minnesota Statutes 2006, section 160.262, is amended by adding a subdivision
93.25to read:
93.26 Subd. 5. Best value alternative. As an alternative to the procurement method
93.27described in subdivision 4, the commissioner may allow for the award of design-build
93.28contracts for the projects described in subdivision 4 to the vendor or contractor offering
93.29the best value under a request for proposals as described in section 16C.28, subdivision 1,
93.30paragraph (a), clause (2), and paragraph (c).
93.31 Sec. 16. Minnesota Statutes 2006, section 161.32, is amended by adding a subdivision
93.32to read:
94.1 Subd. 1f. Best value alternative. As an alternative to the procurement method
94.2described in subdivisions 1a to 1e, the commissioner may issue a request for proposals
94.3and award the contract to the vendor or contractor offering the best value as described in
94.4section 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).
94.5 Sec. 17. [161.3206] BEST VALUE CONTRACTING AUTHORITY.
94.6 Notwithstanding sections 16C.25, 161.32, and 161.321, or any other law to the
94.7contrary, the commissioner may solicit and award all contracts, other than design-build
94.8contracts governed by section 161.3412, for a project on the basis of a best value selection
94.9process as defined in section 16C.02, subdivision 4a. Section 16C.08 does not apply
94.10to this section.
94.11 Sec. 18. Minnesota Statutes 2006, section 161.3412, subdivision 1, is amended to read:
94.12 Subdivision 1. Best value selection for design-build contracts. Notwithstanding
94.13sections16C.25 ,
161.32 , and
161.321 , or any other law to the contrary, the commissioner
94.14may solicit and award a design-build contract for a project on the basis of a best value
94.15selection process. Section16C.08 does not apply to design-build contracts to which the
94.16commissioner is a party.
94.17 Sec. 19. Minnesota Statutes 2006, section 161.38, subdivision 4, is amended to read:
94.18 Subd. 4. Effects on other law of public contract with commissioner. Whenever
94.19the road authority of any city enters into an agreement with the commissioner pursuant
94.20to this section, and a portion of the cost is to be assessed against benefited property,
94.21the letting of a public contract by the commissioner for the work shall be deemed to
94.22comply with statutory or charter provisions requiring the city (1) to advertise for bids
94.23before awarding a contract for a public improvement, (2) to let the contract to the lowest
94.24responsible bidder or to the vendor or contractor offering the best value, and (3) to require
94.25a performance bond to be filed by the contractor before undertaking the work. The
94.26contract so let by the commissioner and the performance bond required of the contractor
94.27by the commissioner shall be considered to be the contract and bond of the city for the
94.28purposes of complying with the requirements of any applicable law or charter provision,
94.29and the bond shall inure to the benefit of the city and operate for their protection to the
94.30same extent as though they were parties thereto.
94.31 Sec. 20. Minnesota Statutes 2006, section 365.37, is amended by adding a subdivision
94.32to read:
95.1 Subd. 2a. Best value alternative. As an alternative to the procurement method
95.2described in subdivision 2, a contract for construction, building, alteration, improvement,
95.3or repair work may be awarded to the vendor or contractor offering the best value under a
95.4request for proposals as described in section 16C.28, subdivision 1, paragraph (a), clause
95.5(2), and paragraph (c).
95.6 Sec. 21. Minnesota Statutes 2006, section 374.13, is amended to read:
95.7374.13 TO ADVERTISE FOR BIDS.
95.8 Subdivision 1. Bidding process. When the plans and specifications are completed
95.9and approved by the city council and the county board, the commission shall, after notice
95.10appropriate to inform possible bidders, obtain bids or proposals for all or any portion of
95.11the work or materials, or both, to be done, performed, or furnished in the construction of
95.12the building. All bids or proposals shall be sealed by the bidders or proposers and filed
95.13with the commission at or before the time specified for the opening of bids or proposals.
95.14At the time and place specified for the opening of bids or proposals, the commission shall
95.15meet, open the bids or proposals, tabulate them, and award the contract or contracts to the
95.16responsible bidder whose bid or proposal is the most favorable to the city or county, or
95.17reject all bids and proposals. If all bids or proposals are rejected, the commission may,
95.18after similar notice, obtain more bids or proposals or may modify or change the plans and
95.19specifications and submit the modified plans and specifications to the city council and the
95.20county board for approval. When the modified or changed plans and specifications are
95.21satisfactory to both the city council and the county board, the plans and specifications
95.22shall be returned to the commission and the commission shall proceed again, after similar
95.23notice, to obtain bids or proposals. Any contract awarded by the commission shall be
95.24subject to approval by the city council and the county board.
95.25 Subd. 2. Best value alternative. As an alternative to the procurement method
95.26described in subdivision 1, the commission may issue a request for proposals and award
95.27the contract to the vendor or contractor offering the best value as described in section
95.2816C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).
95.29 Sec. 22. Minnesota Statutes 2006, section 375.21, is amended by adding a subdivision
95.30to read:
95.31 Subd. 1b. Best value alternative. As an alternative to the procurement method
95.32described in subdivision 1, a county board may award a contract for construction, building,
95.33alteration, improvement, or repair work to the vendor or contractor offering the best value
96.1under a request for proposals as described in section 16C.28, subdivision 1, paragraph
96.2(a), clause (2), and paragraph (c).
96.3 Sec. 23. Minnesota Statutes 2006, section 383C.094, is amended by adding a
96.4subdivision to read:
96.5 Subd. 1a. Contracts in excess of $500; best value alternative. As an alternative to
96.6the procurement method described in subdivision 1, the contract may be awarded to the
96.7vendor or contractor offering the best value under a request for proposals as described in
96.8section 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).
96.9 Sec. 24. Minnesota Statutes 2006, section 412.311, is amended to read:
96.10412.311 CONTRACTS.
96.11 Subdivision 1. Lowest responsible bidder. Except as provided in sections471.87
96.12to471.89 , no member of a council shall be directly or indirectly interested in any contract
96.13made by the council. Whenever the amount of a contract for the purchase of merchandise,
96.14materials or equipment or for any kind of construction work undertaken by the city is
96.15estimated to exceed the amount specified by section471.345, subdivision 3 , the contract
96.16shall be let to the lowest responsible bidder, after notice has been published once in the
96.17official newspaper at least ten days in advance of the last day for the submission of bids. If
96.18the amount of the contract exceeds $1,000, it shall be entered into only after compliance
96.19with section471.345 .
96.20 Subd. 2. Best value alternative. As an alternative to the procurement method
96.21described in subdivision 1, a contract for construction, building, alteration, improvement,
96.22or repair work may be awarded to the vendor or contractor offering the best value under a
96.23request for proposals as described in section 16C.28, subdivision 1, paragraph (a), clause
96.24(2), and paragraph (c).
96.25 Sec. 25. Minnesota Statutes 2006, section 429.041, is amended by adding a subdivision
96.26to read:
96.27 Subd. 2a. Best value alternative. As an alternative to the procurement method
96.28described in subdivision 2, the council may issue a request for proposals and award the
96.29contract to the vendor or contractor offering the best value as described in section 16C.28,
96.30subdivision 1, paragraph (a), clause (2), and paragraph (c).
96.31 Sec. 26. Minnesota Statutes 2006, section 458D.21, is amended by adding a
96.32subdivision to read:
97.1 Subd. 2a. Contracts in excess of $5,000; best value alternative. As an alternative
97.2to the procurement method described in subdivision 2, the board may issue a request for
97.3proposals and award the contract to the vendor or contractor offering the best value as
97.4described in section 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).
97.5 Sec. 27. Minnesota Statutes 2006, section 469.015, is amended by adding a subdivision
97.6to read:
97.7 Subd. 1a. Best value alternative. As an alternative to the procurement method
97.8described in subdivision 1, the authority may issue a request for proposals and award the
97.9contract to the vendor or contractor offering the best value under a request for proposals as
97.10described in section 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).
97.11 Sec. 28. Minnesota Statutes 2006, section 469.068, subdivision 1, is amended to read:
97.12 Subdivision 1. Contracts; bids; bonds. All construction work and every purchase
97.13of equipment, supplies, or materials necessary in carrying out the purposes of sections
97.14469.048
to
469.068 , that involve the expenditure of $1,000 or more, shall be awarded by
97.15contract as provided in this subdivision or in subdivision 1a. Before receiving bids under
97.16sections469.048 to
469.068 , the authority shall publish, once a week for two consecutive
97.17weeks in the official newspaper of the port's city, a notice that bids will be received for the
97.18construction work, or purchase of equipment, supplies, or materials. The notice shall state
97.19the nature of the work, and the terms and conditions upon which the contract is to be let
97.20and name a time and place where the bids will be received, opened, and read publicly,
97.21which time shall be not less than seven days after the date of the last publication. After
97.22the bids have been received, opened, read publicly, and recorded, the commissioners
97.23shall award the contract to the lowest responsible bidder, reserving the right to reject
97.24any or all bids. The contract shall be executed in writing and the person to whom the
97.25contract is awarded shall give sufficient bond to the board for its faithful performance. If
97.26no satisfactory bid is received, the port authority may readvertise, or, by an affirmative
97.27vote of two of its commissioners in the case of a three-member commission, or five of
97.28its members in the case of a seven-member commission, may authorize the authority
97.29to perform any part or parts of any construction work by day labor under conditions it
97.30prescribes. The commissioners may establish reasonable qualifications to determine
97.31the fitness and responsibility of bidders, and require bidders to meet the qualifications
97.32before bids are accepted. If the commissioners by a two-thirds or five-sevenths vote
97.33declare that an emergency exists requiring the immediate purchase of any equipment or
97.34material or supplies at a cost in excess of $1,000, but not exceeding $5,000, in amount,
98.1or making of emergency repairs, it shall not be necessary to advertise for bids, but the
98.2material, equipment, or supplies may be purchased in the open market at the lowest price
98.3obtainable, or the emergency repairs may be contracted for or performed without securing
98.4formal competitive bids. An emergency, for purposes of this section, is unforeseen
98.5circumstances or conditions which result in the jeopardizing of human life or property.
98.6 In all contracts involving the employment of labor, the commissioners shall stipulate
98.7conditions they deem reasonable, as to the hours of labor and wages and may stipulate as
98.8to the residence of employees to be employed by the contractors.
98.9 Bonds shall be required from contractors for any works of construction as provided
98.10in and subject to all the provisions of sections574.26 to
574.31 .
98.11 Sec. 29. Minnesota Statutes 2006, section 469.068, is amended by adding a subdivision
98.12to read:
98.13 Subd. 1a. Contracts; best value alternative. As an alternative to the procurement
98.14method described in subdivision 1, a contract may be awarded to the vendor or contractor
98.15offering the best value under a request for proposals as described in section 16C.28,
98.16subdivision 1, paragraph (a), clause (2), and paragraph (c).
98.17 Sec. 30. Minnesota Statutes 2006, section 471.345, is amended by adding a subdivision
98.18to read:
98.19 Subd. 3a. Contracts over $50,000; best value alternative. As an alternative to the
98.20procurement method described in subdivision 3, municipalities may award a contract for
98.21construction, alteration, repair, or maintenance work to the vendor or contractor offering
98.22the best value under a request for proposals as described in section 16C.28, subdivision 1,
98.23paragraph (a), clause (2), and paragraph (c).
98.24 Sec. 31. Minnesota Statutes 2006, section 471.345, is amended by adding a subdivision
98.25to read:
98.26 Subd. 4a. Contracts from $10,000 to $50,000; best value alternative. As an
98.27alternative to the procurement method described in subdivision 4, municipalities may
98.28award a contract for construction, alteration, repair, or maintenance work to the vendor or
98.29contractor offering the best value under a request for proposals as described in section
98.3016C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).
98.31 Sec. 32. Minnesota Statutes 2006, section 471.345, subdivision 5, is amended to read:
99.1 Subd. 5. Contracts less than $10,000. If the amount of the contract is estimated
99.2to be $10,000 or less, the contract may be made either upon quotation or in the open
99.3market, in the discretion of the governing body. If the contract is made upon quotation
99.4it shall be based, so far as practicable, on at least two quotations which shall be kept on
99.5file for a period of at least one year after their receipt. Alternatively, municipalities may
99.6award a contract for construction, alteration, repair, or maintenance work to the vendor or
99.7contractor offering the best value under a request for proposals as described in section
99.816C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).
99.9 Sec. 33. Minnesota Statutes 2006, section 473.523, is amended by adding a subdivision
99.10to read:
99.11 Subd. 1a. Contracts over $50,000; best value alternative. As an alternative to
99.12the procurement method described in subdivision 1, the council may issue a request for
99.13proposals and award the contract to the vendor or contractor offering the best value
99.14under a request for proposals as described in section 16C.28, subdivision 1, paragraph
99.15(a), clause (2), and paragraph (c).
99.16 Sec. 34. Minnesota Statutes 2006, section 473.756, subdivision 12, is amended to read:
99.17 Subd. 12. Contracts. The authority may enter into a development agreement with
99.18the team, the county, or any other entity relating to the construction, financing, and use of
99.19the ballpark and related facilities and public infrastructure. The authority may contract
99.20for materials, supplies, and equipment in accordance with sections471.345 and
473.754 ,
99.21except that the authority, with the consent of the county, may employ or contract with
99.22persons, firms, or corporations to perform one or more or all of the functions of architect,
99.23engineer, or construction manager with respect to all or any part of the ballpark and
99.24public infrastructure. Alternatively, at the request of the team and with the consent of the
99.25county, the authority shall authorize the team to provide for the design and construction
99.26of the ballpark and related public infrastructure, subject to terms of Laws 2006, chapter
99.27257. The construction manager may enter into contracts with contractors for labor,
99.28materials, supplies, and equipment for the construction of the ballpark and related public
99.29infrastructure through the process of public bidding, except that the construction manager
99.30may, with the consent of the authority or the team:
99.31 (1) narrow the listing of eligible bidders to those which the construction manager
99.32determines to possess sufficient expertise to perform the intended functions;
99.33 (2) award contracts to the contractors that the construction manager determines
99.34provide the best value under a request for proposals as described in section 16C.28,
100.1subdivision 1, paragraph (a), clause (2), and paragraph (c), which are not required to be
100.2the lowest responsible bidder; and
100.3 (3) for work the construction manager determines to be critical to the completion
100.4schedule, award contracts on the basis of competitive proposals or perform work with
100.5its own forces without soliciting competitive bids if the construction manager provides
100.6evidence of competitive pricing.
100.7The authority shall require that the construction manager certify, before the contract is
100.8signed, a fixed and stipulated construction price and completion date to the authority
100.9and post a performance bond in an amount at least equal to 100 percent of the certified
100.10price, to cover any costs which may be incurred in excess of the certified price, including
100.11but not limited to costs incurred by the authority or loss of revenues resulting from
100.12incomplete construction on the completion date. The authority may secure surety bonds
100.13as provided in section574.26 , securing payment of just claims in connection with all
100.14public work undertaken by it. Persons entitled to the protection of the bonds may enforce
100.15them as provided in sections574.28 to
574.32 , and shall not be entitled to a lien on any
100.16property of the authority under the provisions of sections514.01 to
514.16 . Contracts for
100.17construction and operation of the ballpark must include programs, including Youthbuild,
100.18to provide for participation by small local businesses and businesses owned by people of
100.19color, and the inclusion of women and people of color in the workforces of contractors
100.20and ballpark operators. The construction of the ballpark is a "project" as that term is
100.21defined in section177.42 , subdivision 2, and is subject to the prevailing wage law under
100.22sections177.41 to
177.43 .
100.25 Section 1. Minnesota Statutes 2006, section 200.02, subdivision 7, is amended to read:
100.26 Subd. 7. Major political party. (a) "Major political party" means a political party
100.27that maintains a party organization in the state, political division, or precinct in question
100.28and that has presented at least one candidate for election to the office of:
100.29 (1) governor and lieutenant governor, secretary of state, state auditor, or attorney
100.30general at the last preceding state general election for those offices; or
100.31 (2) presidential elector or U.S. senator at the last preceding state general election for
100.32presidential electors; and
100.33 whose candidate received votes in each county in that election and received votes
100.34from not less than five percent of the total number of individuals who voted in that election.
101.1 (b) "Major political party" also means a political party that maintains a party
101.2organization in the state, political subdivision, or precinct in question and that has
101.3presented at least 45 candidates for election to the office of state representative, 23
101.4candidates for election to the office of state senator, four candidates for election to
101.5the office of representative in Congress, and one candidate for election to each of the
101.6following offices: governor and lieutenant governor, attorney general, secretary of state,
101.7and state auditor, at the last preceding state general election for those offices.
101.8 (c) "Major political party" also means a political party that maintains a party
101.9organization in the state, political subdivision, or precinct in question and whose members
101.10present to the secretary of stateat any time before the close of filing for the state partisan
101.11primary ballot at least six weeks before the start of the filing period a petition for a place
101.12on the state partisan primary ballot, which petition contains signatures of a number of
101.13the party members equal to at least five percent of the total number of individuals who
101.14voted in the preceding state general election. The petition may be circulated at any time
101.15after January 1 and more than six weeks before the start of the filing period in the year
101.16the petition is submitted.
101.17 (d) A political party whose candidate receives a sufficient number of votes at a state
101.18general election described in paragraph (a) or a political party that presents candidates at
101.19an election as required by paragraph (b) becomes a major political party as of January
101.201 following that election and retains its major party status for at least two state general
101.21elections even if the party fails to present a candidate who receives the number and
101.22percentage of votes required under paragraph (a) or fails to present candidates as required
101.23by paragraph (b) at subsequent state general elections.
101.24 (e) A major political party whose candidates fail to receive the number and
101.25percentage of votes required under paragraph (a) and that fails to present candidates as
101.26required by paragraph (b) at each of two consecutive state general elections described by
101.27paragraph (a) or (b), respectively, loses major party status as of December 31 following
101.28the later of the two consecutive state general elections.
101.29 Sec. 2. Minnesota Statutes 2006, section 200.02, subdivision 23, is amended to read:
101.30 Subd. 23. Minor political party. (a) "Minor political party" means a political party
101.31that has adopted a state constitution, designated a state party chair, held a state convention
101.32in the last two years, filed with the secretary of state no later than December 31 following
101.33the most recent state general election a certification that the party has met the foregoing
101.34requirements, and met the requirements of paragraph (b) or (e), as applicable.
102.1 (b) To be considered a minor party in all elections statewide, the political party must
102.2have presented at least one candidate for election to the office of:
102.3 (1) governor and lieutenant governor, secretary of state, state auditor, or attorney
102.4general, at the last preceding state general election for those offices; or
102.5 (2) presidential elector or U.S. senator at the preceding state general election for
102.6presidential electors; and
102.7 who received votes in each county that in the aggregate equal at least one percent
102.8of the total number of individuals who voted in the election, or its members must have
102.9presented to the secretary of stateat any time before the close of filing for the state
102.10partisan primary ballot at least six weeks before the start of the filing period a nominating
102.11petition in a form prescribed by the secretary of state containing the signatures of party
102.12members in a number equal to at least one percent of the total number of individuals who
102.13voted in the preceding state general election. The petition may be circulated at any time
102.14after January 1 and more than six weeks before the start of the filing period in the year
102.15the petition is submitted.
102.16 (c) A political party whose candidate receives a sufficient number of votes at a
102.17state general election described in paragraph (b) becomes a minor political party as of
102.18January 1 following that election and retains its minor party status for at least two state
102.19general elections even if the party fails to present a candidate who receives the number
102.20and percentage of votes required under paragraph (b) at subsequent state general elections.
102.21 (d) A minor political party whose candidates fail to receive the number and
102.22percentage of votes required under paragraph (b) at each of two consecutive state general
102.23elections described by paragraph (b) loses minor party status as of December 31 following
102.24the later of the two consecutive state general elections.
102.25 (e) A minor party that qualifies to be a major party loses its status as a minor party
102.26at the time it becomes a major party. Votes received by the candidates of a major party
102.27must be counted in determining whether the party received sufficient votes to qualify as
102.28a minor party, notwithstanding that the party does not receive sufficient votes to retain
102.29its major party status. To be considered a minor party in an election in a legislative
102.30district, the political party must have presented at least one candidate for a legislative
102.31office in that district who received votes from at least ten percent of the total number of
102.32individuals who voted for that office, or its members must have presented to the secretary
102.33of state a nominating petition in a form prescribed by the secretary of state containing the
102.34signatures of party members in a number equal to at least ten percent of the total number
102.35of individuals who voted in the preceding state general election for that legislative office.
103.1 Sec. 3. Minnesota Statutes 2006, section 201.016, subdivision 1a, is amended to read:
103.2 Subd. 1a. Violations; penalty. (a) The county auditor shall mail a violation notice
103.3to any voter who the county auditor can determine has votedin a precinct other than the
103.4precinct in using an address at which the voter maintains does not maintain residence on
103.5election day. The notice must be in the form provided by the secretary of state. The
103.6county auditor shall also change the status of the voter in the statewide registration system
103.7to "challenged" and the voter shall be required to provide proof of residence to either the
103.8county auditor or to the election judges in the voter's precinct before voting in the next
103.9election. Any of the forms authorized by section201.061 for registration at the polling
103.10place may be used for this purpose.
103.11 (b) A voter who votes in a precinct other than the precinct in which the voter
103.12maintains residence after receiving an initial violation notice as provided in this
103.13subdivision is guilty of a petty misdemeanor.
103.14 (c) A voter who votes in a precinct other than the precinct in which the voter
103.15maintains residence after having been found to have committed a petty misdemeanor
103.16under paragraph (b) is guilty of a misdemeanor.
103.17 (d) Reliance by the voter on inaccurate information regarding the location of the
103.18voter's polling place provided by the state, county, or municipality is an affirmative
103.19defense to a prosecution under this subdivision.
103.20 Sec. 4. Minnesota Statutes 2006, section 201.056, is amended to read:
103.21201.056 SIGNATURE OF REGISTERED VOTER; MARKS ALLOWED.
103.22 An individual who is unable to write the individual's name shall be required to sign a
103.23registrationcard by making the individual's mark application in the manner provided by
103.24section 645.44, subdivision 14. If the individual registers in person and signs by making
103.25a mark, the clerk or election judge accepting the registration shall certify the mark by
103.26signing the individual's name. If the individual registers by mail and signs by making a
103.27mark, the mark shall be certified by having a voter registered in the individual's precinct
103.28sign the individual's name and the voter's own name and give the voter's own address.
103.29 Sec. 5. Minnesota Statutes 2006, section 201.061, subdivision 1, is amended to read:
103.30 Subdivision 1. Prior to election day. At any time except during the 20 days
103.31immediately preceding any regularly scheduled election, an eligible voter or any
103.32individual who will be an eligible voter at the time of the next election may register to
103.33vote in the precinct in which the voter maintains residence by completing a paper voter
103.34registration application as described in section201.071, subdivision 1 , and submitting
104.1it in person or by mail to the county auditor of that county or to the Secretary of State's
104.2Office. If the Web site maintained by the secretary of state provides, an individual who has
104.3a Minnesota driver's license, identification card, or learner's permit may register online.
104.4A registration that is received no later than 5:00 p.m. on the 21st day preceding any
104.5election shall be accepted. An improperly addressed or delivered registration application
104.6shall be forwarded within two working days after receipt to the county auditor of the
104.7county where the voter maintains residence. A state or local agency or an individual that
104.8accepts completed voter registration applications from a voter must submit the completed
104.9applications to the secretary of state or the appropriate county auditor within ten business
104.10days after the applications are dated by the voter.
104.11 For purposes of this section, mail registration is defined as a voter registration
104.12application delivered to the secretary of state, county auditor, or municipal clerk by the
104.13United States Postal Service or a commercial carrier.
104.14 Sec. 6. Minnesota Statutes 2006, section 201.061, is amended by adding a subdivision
104.15to read:
104.16 Subd. 1b. Prohibited methods of compensation; penalty. (a) No individual
104.17may be compensated for the solicitation, collection, or acceptance of voter registration
104.18applications from voters for submission to the secretary of state, a county auditor, or other
104.19local election official in a manner in which payment is calculated by multiplying (1)
104.20either a set or variable payment rate, by (2) the number of voter registration applications
104.21solicited, collected, or accepted.
104.22 (b) No individual may be deprived of compensation or have compensation
104.23automatically reduced exclusively for failure to solicit, collect, or accept a minimum
104.24number of voter registration applications and no individual may receive additional
104.25compensation for reaching or exceeding a minimum number of voter registration
104.26applications.
104.27 (c) A person who violates this subdivision is guilty of a petty misdemeanor.
104.28 Sec. 7. Minnesota Statutes 2006, section 201.061, subdivision 3, is amended to read:
104.29 Subd. 3. Election day registration. (a) The definitions in this paragraph apply
104.30to this subdivision:
104.31 (1) "current utility bill" means a utility bill dated within 30 days before the election
104.32day or due within 30 days before or after the election;
104.33 (2) "photo identification" means identification that displays the name and photo
104.34of an individual and that was issued by:
105.1 (i) another state for use as a driver's license or identification card;
105.2 (ii) a Minnesota college, university, or other postsecondary educational institution or
105.3high school as a student identification card; or
105.4 (iii) a tribal government of a tribe recognized by the Bureau of Indian Affairs, United
105.5States Department of the Interior;
105.6 (3) "residential facility" means transitional housing as defined in section256E.33,
105.7subdivision 1 ; a supervised living facility licensed by the commissioner of health under
105.8section144.50, subdivision 6 ; a nursing home as defined in section
144A.01, subdivision
105.95 ; a residence registered with the commissioner of health as a housing with services
105.10establishment as defined in section144D.01, subdivision 4 ; a veterans home operated by
105.11the board of directors of the Minnesota Veterans Homes under chapter 198; a residence
105.12licensed by the commissioner of human services to provide a residential program as
105.13defined in section245A.02, subdivision 14 ; a residential facility for persons with a
105.14developmental disability licensed by the commissioner of human services under section
105.15252.28 ; group residential housing as defined in section
256I.03, subdivision 3 ; a shelter
105.16for battered women as defined in section611A.37, subdivision 4 ; or a supervised
105.17publicly or privately operated shelter or dwelling designed to provide temporary living
105.18accommodations for the homeless; and
105.19 (4) "utility bill" means a written or electronic bill for gas, electricity, telephone,
105.20wireless telephone, cable television, satellite television, solid waste, water, sewer services,
105.21or an itemized rent statement.
105.22 (b) An individual who is eligible to vote may register on election day by appearing
105.23in person at the polling place for the precinct in which the individual maintains residence,
105.24by completing a registration application, making an oath in the form prescribed by the
105.25secretary of state and providing proof of residence. An individual may prove residence for
105.26purposes of registering by:
105.27 (1) presenting a driver's license or Minnesota identification card issued pursuant
105.28to section171.07 ;
105.29 (2) presenting:
105.30 (i) a photo identification; and
105.31 (ii) a current utility bill or lease, showing the individual's name and valid residential
105.32address in the precinct;
105.33 (3) presenting an identification card issued by the tribal government of a tribe
105.34recognized by the Bureau of Indian Affairs, United States Department of the Interior, that
105.35contains the name, address, signature, and picture of the individual;
106.1(2) (4) presenting any document approved by the secretary of state as proper
106.2identification;
106.3(3) (5) presenting one of the following:
106.4 (i) a current valid student identification card from a postsecondary educational
106.5institution in Minnesota, if a list of students from that institution has been prepared under
106.6section135A.17 and certified to the county auditor in the manner provided in rules of
106.7the secretary of state; or
106.8 (ii) a current student fee statement that contains the student's valid address in the
106.9precinct together with apicture photo identification card; or
106.10(4) (6)(i) having a voter who is registered to vote in the precinct, or who is an
106.11employee employed by and working in a residential facility in the precinct and vouching
106.12for a resident in the facility, sign an oath in the presence of the election judge vouching that
106.13the voter or employee personally knows that the individual is a resident of the precinct. A
106.14voter who has been vouched for on election day may not sign a proof of residence oath
106.15vouching for any other individual on that election day. A voter who is registered to vote
106.16in the precinct may sign up to 15 proof-of-residence oaths on any election day. This
106.17limitation does not apply to an employee of a residential facility described in this clause.
106.18 (ii) The secretary of state shall provide a form for election judges to use in recording
106.19the number of individuals for whom a voter signs proof-of-residence oaths on election
106.20day. The form must include space for the maximum number of individuals for whom a
106.21voter may sign proof-of-residence oaths. For each proof-of-residence oath, the form
106.22must include a statement that the voter is registered to vote in the precinct, personally
106.23knows that the individual is a resident of the precinct, and is making the statement on
106.24oath. The form must include a space for the voter's printed name, signature, telephone
106.25number, and address.
106.26 The oath required by this subdivision and Minnesota Rules, part8200.9939 , must
106.27be attached to the voter registration applicationand the information on the oath must be
106.28recorded on the records of both the voter registering on election day and the voter who
106.29is vouching for the person's residence, and entered into the statewide voter registration
106.30system by the county auditor when the voter registration application is entered into that
106.31system.
106.32(b) The operator of a residential facility shall prepare a list of the names of its
106.33employees currently working in the residential facility and the address of the residential
106.34facility. The operator shall certify the list and provide it to the appropriate county auditor
106.35no less than 20 days before each election for use in election day registration.
107.1(c) "Residential facility" means transitional housing as defined in section
256E.33,
107.2subdivision 1
; a supervised living facility licensed by the commissioner of health under
107.3section
144.50, subdivision 6; a nursing home as defined in section
144A.01, subdivision
107.45
; a residence registered with the commissioner of health as a housing with services
107.5establishment as defined in section
144D.01, subdivision 4; a veterans home operated by
107.6the board of directors of the Minnesota Veterans Homes under chapter 198; a residence
107.7licensed by the commissioner of human services to provide a residential program as
107.8defined in section
245A.02, subdivision 14; a residential facility for persons with a
107.9developmental disability licensed by the commissioner of human services under section
107.10252.28; group residential housing as defined in section
256I.03, subdivision 3; a shelter
107.11for battered women as defined in section
611A.37, subdivision 4; or a supervised
107.12publicly or privately operated shelter or dwelling designed to provide temporary living
107.13accommodations for the homeless.
107.14(d) For tribal band members, an individual may prove residence for purposes of
107.15registering by:
107.16(1) presenting an identification card issued by the tribal government of a tribe
107.17recognized by the Bureau of Indian Affairs, United States Department of the Interior, that
107.18contains the name, address, signature, and picture of the individual; or
107.19(2) presenting an identification card issued by the tribal government of a tribe
107.20recognized by the Bureau of Indian Affairs, United States Department of the Interior, that
107.21contains the name, signature, and picture of the individual and also presenting one of the
107.22documents listed in Minnesota Rules, part
8200.5100, subpart 2, item B.
107.23 (c) An employee of a residential facility must prove employment with that
107.24facility by presenting a current identification card issued by the facility or other official
107.25documentation verifying the employee's current status with the facility on election day to
107.26be eligible to vouch for individuals residing in that facility.
107.27(e) (d) A county, school district, or municipality may require that an election judge
107.28responsible for election day registration initial each completed registration application.
107.29EFFECTIVE DATE.This section is effective September 1, 2007.
107.30 Sec. 8. Minnesota Statutes 2006, section 201.071, subdivision 1, is amended to read:
107.31 Subdivision 1. Form. A voter registration application mustbe of suitable size and
107.32weight for mailing and contain spaces for the following required information: voter's first
107.33name, middle name, and last name; voter's previous name, if any; voter's current address;
107.34voter's previous address, if any; voter's date of birth; voter's municipality and county of
107.35residence; voter's telephone number, if provided by the voter; date of registration; current
108.1and valid Minnesota driver's license number or Minnesota state identification number,
108.2or if the voter has no current and valid Minnesota driver's license or Minnesota state
108.3identification, and the last four digits of the voter's Social Security number; and voter's
108.4signature. The registration application may include the voter's e-mail address, if provided
108.5by the voter, and the voter's interest in serving as an election judge, if indicated by the
108.6voter. The application must also contain the following certification of voter eligibility:
108.7 "I certify that I:
108.8 (1) will be at least 18 years old on election day;
108.9 (2) am a citizen of the United States;
108.10 (3) will have resided in Minnesota for 20 days immediately preceding election day;
108.11 (4) maintain residence at the address given on the registration form;
108.12 (5) am not under court-ordered guardianship in which the court order revokes my
108.13right to vote;
108.14 (6) have not been found by a court to be legally incompetent to vote;
108.15 (7) have the right to vote because, if I have been convicted of a felony, my felony
108.16sentence has expired (been completed) or I have been discharged from my sentence; and
108.17 (8) have read and understand the following statement: that giving false information
108.18is a felony punishable by not more than five years imprisonment or a fine of not more
108.19than $10,000, or both."
108.20 The certification must include boxes for the voter to respond to the following
108.21questions:
108.22 "(1) Are you a citizen of the United States?" and
108.23 "(2) Will you be 18 years old on or before election day?"
108.24 And the instruction:
108.25 "If you checked 'no' to either of these questions, do not complete this form."
108.26 The form of the voter registration application and the certification of voter eligibility
108.27must be as provided in this subdivision and approved by the secretary of state. Voter
108.28registration forms authorized by the National Voter Registration Act must also be accepted
108.29as valid. The federal postcard application form must also be accepted as valid if it is not
108.30deficient and the voter is eligible to register in Minnesota.
108.31 An individual may use a voter registration application to apply to register to vote in
108.32Minnesota or to change information on an existing registration.
108.33 A paper voter registration application must include space for the voter's signature
108.34and be of suitable size and weight for mailing.
109.1 Sec. 9. Minnesota Statutes 2006, section 201.091, is amended by adding a subdivision
109.2to read:
109.3 Subd. 5a. Registration verification to registered voter. The secretary of state may
109.4provide for voter registration verification to a registered voter on the secretary of state's
109.5Web site. An individual using the verification service must provide the individual's name,
109.6address, and date of birth when requesting registration verification. If the verification
109.7information provided completely matches an active registration record in the statewide
109.8registration system, the individual must be informed that the individual is a registered
109.9voter and provided with the individual's polling place location. If the verification
109.10information provided does not completely match an active registration record in the
109.11statewide registration system, the individual must be informed that a registration record
109.12at the name and address provided cannot be retrieved and advised to contact the county
109.13auditor or secretary of state for further information.
109.14 Sec. 10. Minnesota Statutes 2006, section 201.091, subdivision 9, is amended to read:
109.15 Subd. 9. Restricted data. A list provided for public inspection or purchase, for
109.16jury selection, or in response to a law enforcement inquiry, must not include a voter's
109.17date of birth or any part of a voter's Social Security number, driver's license number,or
109.18identification card number, military identification card number, or passport number.
109.19 Sec. 11. Minnesota Statutes 2006, section 201.12, is amended to read:
109.20201.12 PROPER REGISTRATION; VERIFICATION BY MAIL;
109.21CHALLENGES.
109.22 Subdivision 1. Notice of registration. To prevent fraudulent voting and to eliminate
109.23excess names, the county auditor may mail to any registered voter a notice stating the
109.24voter's name and address as they appear in the registration files. The notice shall request
109.25the voter to notify the county auditor if there is any mistake in the information.
109.26 Subd. 2.Challenges Moved within state. If the notice is returned as undeliverable
109.27but with a permanent forwarding address in this state, the county auditor shall notify the
109.28auditor of the county where the voter resides. Upon receipt of the notice, the county
109.29auditor shall update the voter's address in the statewide voter registration system and mail
109.30to the voter the notice of registration required by section201.121, subdivision 2 . The
109.31notice must advise the voter that the voter's voting address has been changed and that the
109.32voter must notify the county auditor within 21 days if the new address is not what the
109.33voter intended to be their permanent address.
110.1 Subd. 3. Moved out of state. If the notice is returned as undeliverable but with a
110.2permanent forwarding address outside this state, the county auditor shall promptly mail
110.3to the voter at the forwarding address a notice advising the voter that the voter's voter
110.4registration in this state will be deleted unless the voter notifies the county auditor within
110.521 days that the voter intends to retain the former address as the voter's permanent address.
110.6If the notice is not received by the deadline, the county auditor shall delete the registration.
110.7 Subd. 4. Challenges.Upon return of any nonforwardable mailing from an
110.8election official, the county auditor or the auditor's staff shall ascertain the name and
110.9address of that individual. If the individual is no longer at the address recorded in the
110.10statewide registration system If the notice is returned as undeliverable but with no
110.11forwarding address, the county auditor shall change the registrant's status to "challenged"
110.12in the statewide registration system. An individual challenged in accordance with this
110.13subdivision shall comply with the provisions of section204C.12 , before being allowed to
110.14vote. If a notice mailed at least 60 days after the return of the first nonforwardable mailing
110.15is also returned by the postal service, the county auditor shall change the registrant's status
110.16to "inactive" in the statewide registration system.
110.17EFFECTIVE DATE.This section is effective August 1, 2007.
110.18 Sec. 12. Minnesota Statutes 2006, section 201.13, subdivision 3, is amended to read:
110.19 Subd. 3. Use of change of address system.The county auditor may delete the
110.20records in the statewide registration system of voters whose change of address can be
110.21confirmed by the United States Postal Service. The secretary of state may provide the
110.22county auditors with periodic reports on voters whose change of address can be confirmed
110.23by the United States Postal Service.
110.24 (a) At least once each month the secretary of state shall obtain a list of individuals in
110.25this state who have filed with the United States Postal Service a change of their permanent
110.26address. If an individual is registered as a voter in the statewide voter registration system
110.27and the change is to another address in this state, the secretary of state shall transmit
110.28the registration by electronic means to the county auditor of the county where the voter
110.29resides. Upon receipt of the registration, the county auditor shall update the voter's
110.30address in the statewide voter registration system and mail to the voter the notice of
110.31registration required by section201.121, subdivision 2 . The notice must advise the voter
110.32that the voter's permanent address has been changed and that the voter must notify the
110.33county auditor within 21 days if the new address is not what the voter intended to be the
110.34voter's permanent address.
111.1 (b) If the change of permanent address is to a forwarding address outside this state,
111.2the secretary of state shall notify by electronic means the auditor of the county where the
111.3voter formerly resided that the voter has left the state. The county auditor shall promptly
111.4mail to the voter at the forwarding address a notice advising the voter that the voter's voter
111.5registration in this state will be deleted unless the voter notifies the county auditor within
111.621 days that the voter intends to retain the former address as the voter's permanent address.
111.7If the notice is not received by the deadline, the county auditor shall delete the registration.
111.8EFFECTIVE DATE.This section is effective April 1, 2008.
111.9 Sec. 13. Minnesota Statutes 2006, section 201.161, is amended to read:
111.10201.161 AUTOMATIC REGISTRATION OF DRIVER'S LICENSE,
111.11INSTRUCTION PERMIT, AND IDENTIFICATION CARDAPPLICATIONS
111.12APPLICANTS.
111.13 Subdivision 1. Automatic registration. An individual who properly completes
111.14an application for a new or renewed Minnesota driver's license, instruction permit, or
111.15identification card, and who is eligible to vote under section201.014 , must be registered to
111.16vote as provided in this section, unless the applicant declines to be registered.
111.17 Subd. 2. Applications. TheDepartment commissioner of public safety, in
111.18consultation with the secretary of state, shall changeits the applications for an original,
111.19duplicate, or change of address driver's license, instruction permit, or identification card so
111.20that the forms may also serve as voter registration applications. The forms must contain
111.21spaces for all information collected by voter registration applications prescribed by the
111.22secretary of state and a box for the applicant to decline to be registered to vote.Applicants
111.23for driver's licenses or identification cards must be asked if they want to register to vote
111.24at the same time and that If the applicant has not declined to be registered to vote, the
111.25commissioner shall transmit the informationmust be transmitted at least weekly daily by
111.26electronic means to the secretary of state. Pursuant to the Help America Vote Act of 2002,
111.27Public Law 107-252, the computerized driver's license record containing the voter's name,
111.28address, date of birth, citizenship, driver's license number or state identification number,
111.29county,town, and city or town, and signature must be made available for access by the
111.30secretary of state and interaction with the statewide voter registration system.
111.31 Subd. 3. Registration. (a) The secretary of state shall determine whether the
111.32applicant is currently registered in the statewide voter registration system. For each
111.33currently registered voter whose registration is not changed, the secretary of state shall
111.34update the voter's registration date in the statewide voter registration system. For each
112.1currently registered voter whose registration is changed, the secretary of state shall
112.2transmit the registration daily by electronic means to the county auditor of the county
112.3where the voter resides.
112.4 (b) If the applicant is not currently registered in the statewide voter registration
112.5system, the secretary of state shall determine whether the applicant is 18 years of age or
112.6older and a citizen of the United States and compare the voter registration information
112.7received from the commissioner of public safety with the information on wards,
112.8incompetents, and felons received from the state court administrator under sections 201.15
112.9and 201.155, to determine whether the applicant is eligible to vote. If an applicant is
112.10less than 18 years of age, the secretary of state shall wait until the applicant has turned
112.1118 years of age to determine whether the applicant is eligible to vote. For each applicant
112.12the secretary of state determines is an eligible voter, the secretary of state shall transmit
112.13the registration daily by electronic means to the county auditor of the county where the
112.14voter resides.
112.15 Subd. 4. Notice. Upon receipt of the registration, the county auditor shall mail to
112.16the voter the notice of registration required by section201.121, subdivision 2 .
112.17 Subd. 5. Effective date. An application for registration that is dated during the 20
112.18days before an election in any jurisdiction within which the voter resides is not effective
112.19until the day after the election.
112.20 Sec. 14. Minnesota Statutes 2006, section 201.171, is amended to read:
112.21201.171 POSTING VOTING HISTORY; FAILURE TO VOTE;
112.22REGISTRATION REMOVED.
112.23 Within six weeks after every election, the county auditor shall post the voting
112.24history for every person who voted in the election. After the close of the calendar year, the
112.25secretary of state shall determine if any registrants have not voted during the preceding
112.26four six years. The secretary of state shall perform list maintenance by changing the status
112.27of those registrants to "inactive" in the statewide registration system. The list maintenance
112.28performed must be conducted in a manner that ensures that the name of each registered
112.29voter appears in the official list of eligible voters in the statewide registration system.
112.30A voter must not be removed from the official list of eligible voters unless the voter is
112.31not eligible or is not registered to vote. List maintenance must include procedures for
112.32eliminating duplicate names from the official list of eligible voters.
112.33 The secretary of state shall also prepare a report to the county auditor containing the
112.34names of all registrants whose status was changed to "inactive."
113.1 Registrants whose status was changed to "inactive" must register in the manner
113.2specified in section201.054 before voting in any primary, special primary, general, school
113.3district, or special election, as required by section201.018 .
113.4 Although not counted in an election, a late or rejected absentee or mail ballot must
113.5be considered a vote for the purpose of continuing registration.
113.6 Sec. 15. Minnesota Statutes 2006, section 203B.02, subdivision 1, is amended to read:
113.7 Subdivision 1.Unable to go to polling place Eligibility for absentee voting. (a)
113.8Any eligible voterwho reasonably expects to be unable to go to the polling place on
113.9election day in the precinct where the individual maintains residence because of absence
113.10from the precinct; illness, including isolation or quarantine under sections
144.419
113.11to
144.4196 or United States Code, title 42, sections 264 to 272; disability; religious
113.12discipline; observance of a religious holiday; or service as an election judge in another
113.13precinct may vote by absentee ballot as provided in sections
203B.04 to
203B.15 .
113.14(b) If the governor has declared an emergency and filed the declaration with the
113.15secretary of state under section
12.31, and the declaration states that the emergency has
113.16made it difficult for voters to go to the polling place on election day, any voter in a
113.17precinct covered by the declaration may vote by absentee ballot as provided in sections
113.18203B.04 to
203B.15.
113.19EFFECTIVE DATE.This section is effective April 1, 2008.
113.20 Sec. 16. Minnesota Statutes 2006, section 203B.04, subdivision 1, is amended to read:
113.21 Subdivision 1. Application procedures. Except as otherwise allowed by
113.22subdivision 2, an application for absentee ballots for any election may be submitted at
113.23any time not less than one day before the day of that election. The county auditor shall
113.24prepare absentee ballot application forms in the format provided by the secretary of state,
113.25notwithstanding rules on absentee ballot forms, and shall furnish them to any person on
113.26request. By January 1 of each even-numbered year, the secretary of state shall make the
113.27forms to be used available to auditors through electronic means. An application submitted
113.28pursuant to this subdivision shall be in writing and shall be submitted to:
113.29(a) (1) the county auditor of the county where the applicant maintains residence; or
113.30(b) (2) the municipal clerk of the municipality, or school district if applicable, where
113.31the applicant maintains residence.
113.32 An application shall be approved if it is timely received, signed and dated by the
113.33applicant, contains the applicant's name and residence and mailing addresses, and states
113.34that the applicant is eligible to vote by absentee ballotfor one of the reasons specified in
114.1section
203B.02
114.2must not be made available for public inspection. An application may be submitted to
114.3the county auditor or municipal clerk by an electronic facsimile device. An application
114.4mailed or returned in person to the county auditor or municipal clerk on behalf of a voter
114.5by a person other than the voter must be deposited in the mail or returned in person to
114.6the county auditor or municipal clerk within ten days after it has been dated by the voter
114.7and no later than six days before the election. The absentee ballot applications or a list of
114.8persons applying for an absentee ballot may not be made available for public inspection
114.9until the close of voting on election day.
114.10 An application under this subdivision may contain an application under subdivision
114.115 to automatically receive an absentee ballot application.
114.12EFFECTIVE DATE.This section is effective April 1, 2008.
114.13 Sec. 17. Minnesota Statutes 2006, section 203B.04, subdivision 6, is amended to read:
114.14 Subd. 6. Ongoing absentee status; termination; rules. (a) An eligible voter
114.15may apply to a county auditor or municipal clerk for status as an ongoing absentee voter
114.16who reasonably expects to meet the requirements of section
203B.02, subdivision 1
114.17The voter may decline to receive an absentee ballot for one or more elections, provided
114.18the request is received by the county auditor or municipal clerk at least five days before
114.19the deadline in section 204B.35 for delivering ballots for the election to which it applies.
114.20Each applicant must automatically be provided with an absentee ballotapplication for
114.21each ensuing election, other than an election by mail conducted under section204B.45 ,
114.22or as otherwise requested by the voter, and must have the status of ongoing absentee voter
114.23indicated on the voter's registration record.
114.24 (b) Ongoing absentee voter status ends on:
114.25 (1) the voter's written request;
114.26 (2) the voter's death;
114.27 (3) return of an ongoing absentee ballot as undeliverable;
114.28 (4) a change in the voter's status so that the voter is not eligible to vote under section
114.29201.15
or
201.155 ; or
114.30 (5) placement of the voter's registration on inactive status under section201.171 .
114.31 (c) The secretary of state shall adopt rules governing procedures under this
114.32subdivision.
114.33EFFECTIVE DATE.This section is effective April 1, 2008.
115.1 Sec. 18. Minnesota Statutes 2006, section 203B.06, subdivision 3, is amended to read:
115.2 Subd. 3. Delivery of ballots. (a) If an application for absentee ballots is accepted
115.3at a time when absentee ballots are not yet available for distribution, the county auditor,
115.4or municipal clerk accepting the application shall file it and as soon as absentee ballots
115.5are available for distribution shall mail them to the address specified in the application.
115.6If an application for absentee ballots is accepted when absentee ballots are available for
115.7distribution, the county auditor or municipal clerk accepting the application shall promptly:
115.8 (1) mail the ballots to the voter whose signature appears on the application if the
115.9application is submitted by mail and does not request commercial shipping under clause
115.10(2);
115.11 (2) ship the ballots to the voter using a commercial shipper requested by the voter at
115.12the voter's expense;
115.13 (3) deliver the absentee ballots directly to the voter if the application is submitted in
115.14person; or
115.15 (4) deliver the absentee ballots in a sealed transmittal envelope to an agent who has
115.16been designated to bring the ballots, as provided in section 203B.11, subdivision 4, to a
115.17voter whois would have difficulty getting to the polls because of health reasons, or who is
115.18disabled, a patient in a health care facility,as provided in section
203B.11, subdivision
115.194
, a resident of a facility providing assisted living services governed by chapter 144G, a
115.20participant in a residential program for adults licensed under section245A.02, subdivision
115.2114 , or a resident of a shelter for battered women as defined in section
611A.37, subdivision
115.224 .
115.23 (b) If an application does not indicate the election for which absentee ballots are
115.24sought, the county auditor or municipal clerk shall mail or deliver only the ballots for
115.25the next election occurring after receipt of the application. Only one set of ballots may
115.26be mailed, shipped, or delivered to an applicant for any election, except as provided in
115.27section203B.13, subdivision 2 , or when a replacement ballot has been requested by the
115.28voter for a ballot that has been spoiled or lost in transit.
115.29EFFECTIVE DATE.This section is effective August 1, 2007.
115.30 Sec. 19. Minnesota Statutes 2006, section 203B.07, subdivision 2, is amended to read:
115.31 Subd. 2. Design of envelopes. The return envelope shall be of sufficient size
115.32to conveniently enclose and contain the ballot envelope and a voter registrationcard
115.33application folded along its perforations. The return envelope shall be designed to open
115.34on the left-hand end.Notwithstanding any rule to the contrary, the return envelope must
115.35be designed in one of the following ways:
116.1(1) it must be of sufficient size to contain an additional envelope that when sealed,
116.2conceals the signature, identification, and other information; or
116.3(2) it must provide an additional flap that when sealed, conceals the signature,
116.4identification, and other information. Election officials may open the flap or the additional
116.5envelope at any time after receiving the returned ballot to inspect the returned certificate
116.6for completeness or to ascertain other information. A certificate of eligibility to vote by
116.7absentee ballot shall be printed on the back of the envelope. The certificate shall contain
116.8a statement to be signed and sworn by the voter indicating that the voter meets all of
116.9the requirements established by law for voting by absentee ballot. If the voter was not
116.10previously registered, the certificate shall also contain a statement signed by a person who
116.11is registered to vote in Minnesota or by a notary public or other individual authorized
116.12to administer oaths stating that:
116.13(a) (i) the ballots were displayed to that individual unmarked;
116.14(b) (ii) the voter marked the ballots in that individual's presence without showing
116.15how they were marked, or, if the voter was physically unable to mark them, that the voter
116.16directed another individual to mark them; and
116.17(c) if the voter was not previously registered, (iii) the voter has provided proof of
116.18residence as required by section201.061, subdivision 3 .
116.19 The county auditor or municipal clerk shall affix first class postage to the return
116.20envelopes.
116.21EFFECTIVE DATE.This section is effective April 1, 2008.
116.22 Sec. 20. Minnesota Statutes 2006, section 203B.081, is amended to read:
116.23203B.081 LOCATIONS FOR ABSENTEE VOTING IN PERSON.
116.24 An eligible voter may vote by absentee ballot during the 30 days before the election
116.25in the office of the county auditor and at any other polling place designated by the county
116.26auditor. The county auditor shall make such designations at least 90 days before the
116.27election. At least one voting booth and at least one electronic ballot marker in each polling
116.28place must be made available by the county auditor for this purpose.
116.29 Sec. 21. Minnesota Statutes 2006, section 203B.11, subdivision 4, is amended to read:
116.30 Subd. 4. Agent delivery of ballots. During thefour seven days preceding an
116.31election and until 2:00 p.m. on election day, an eligible voter whois would have difficulty
116.32getting to the polls because of health reasons, or who is disabled, a patient of a health care
116.33facility, a resident of a facility providing assisted living services governed by chapter
117.1144G, a participant in a residential program for adults licensed under section245A.02 ,
117.2subdivision 14, or a resident of a shelter for battered women as defined in section611A.37 ,
117.3subdivision 4, may designate an agent to deliver the ballots to the voter from the county
117.4auditor or municipal clerk. A candidate at the election may not be designated as an agent.
117.5The voted ballots must be returned to the county auditor or municipal clerk no later than
117.63:00 p.m. on election day. The voter must complete an affidavit requesting the auditor or
117.7clerk to provide the agent with the ballots in a sealed transmittal envelope. The affidavit
117.8must include a statement from the voter stating that the ballots were delivered to the voter
117.9by the agent in the sealed transmittal envelope. An agent may deliver ballots to no more
117.10than three persons in any election. The secretary of state shall provide samples of the
117.11affidavit and transmission envelope for use by the county auditors.
117.12EFFECTIVE DATE.This section is effective August 1, 2007.
117.13 Sec. 22. Minnesota Statutes 2006, section 203B.12, subdivision 4, is amended to read:
117.14 Subd. 4. Placement in container; opening and counting of ballots. The ballot
117.15envelopes from return envelopes marked "Accepted" shall be placed by the election
117.16judges in a separate absentee ballot container. The container and each ballot envelope may
117.17be opened only afterthe last regular mail delivery by the United States postal service
117.18noon on election day. The ballots shall then be initialed by the election judges in the
117.19same manner as ballots delivered by them to voters in person and shall be deposited in
117.20the appropriate ballot box.
117.21 If more than one ballot of any kind is enclosed in the ballot envelope, none of the
117.22ballots of that kind shall be counted but all ballots of that kind shall be returned in the
117.23manner provided by section204C.25 for return of spoiled ballots.
117.24 Sec. 23. Minnesota Statutes 2006, section 203B.13, subdivision 1, is amended to read:
117.25 Subdivision 1. Establishment. The governing body of any countythat has
117.26established a counting center as provided in section
206.85, subdivision 2
117.27municipality, or any school district may by ordinance or resolution, authorize an absentee
117.28ballot board. The board shall consist of a sufficient number of election judges appointed as
117.29provided in sections204B.19 to
204B.22 .
117.30 Sec. 24. Minnesota Statutes 2006, section 203B.13, subdivision 2, is amended to read:
117.31 Subd. 2. Duties. The absentee ballot board maydo any of the following:
117.32(a) receive from each precinct in the municipality or school district all ballot
117.33envelopes marked "Accepted" by the election judges; provided that the governing body of
118.1a municipality or the school board of a school district may authorize the board to examine
118.2all return absentee ballot envelopes andreceive accept or reject absentee ballots in the
118.3manner provided in section203B.12 ;.
118.4(b) open and count the absentee ballots, tabulating the vote in a manner that indicates
118.5each vote of the absentee voter and the total absentee vote cast for each candidate or
118.6question in each precinct; or
118.7(c) report the vote totals tabulated for each precinct.
118.8 The absentee ballot board may begin the process of examining the return envelopes
118.9and marking them "accepted" or "rejected" at any time during the 30 days before the
118.10election. If an envelope has been rejected at least five days before the election, the
118.11ballots in the envelope must be considered spoiled ballots and the official in charge of the
118.12absentee ballot board shall provide the voter with a replacement absentee ballot and return
118.13envelope in place of the spoiled ballot.The secretary of state shall provide samples of the
118.14replacement ballot and return envelope for use by the county auditor.
118.15 Sec. 25. Minnesota Statutes 2006, section 203B.16, subdivision 2, is amended to read:
118.16 Subd. 2. Permanent residence outside United States. Sections203B.16 to
118.17203B.27
provide the exclusive voting procedure for United States citizens who are
118.18living permanently outside the territorial limits of the United States who meet all the
118.19qualifications of an eligible voter except residence in Minnesota, but who are authorized
118.20by federal law to vote in Minnesota because they maintained residence in Minnesota for
118.21at least 20 days immediately prior to their departure from the United States or because,
118.22although they have never resided in the United States, they have a parent who is eligible to
118.23vote in Minnesota. Individuals described in this subdivision shall be permitted to vote
118.24only for the offices of president, vice-president, senator in Congress, and representative in
118.25Congress.
118.26EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.
118.27 Sec. 26. Minnesota Statutes 2006, section 203B.17, subdivision 2, is amended to read:
118.28 Subd. 2. Required information. An application shall be accepted if it contains the
118.29following information stated under oath:
118.30 (a) the voter's name, birthdate, and present address of residence in Minnesota, or
118.31former address of residence in Minnesota if the voter is living permanently outside the
118.32United States;
118.33 (b) a statement indicating that the voter is in the military, or is the spouse or
118.34dependent of an individual serving in the military, or is temporarily outside the territorial
119.1limits of the United States, or is living permanently outside the territorial limits of the
119.2United States and voting under federal law;
119.3 (c) a statement that the voter expects to be absent from the precinct at the time
119.4of the election;
119.5 (d) the address to which absentee ballots are to be mailed;
119.6 (e) the voter's signature or the signature and relationship of the individual authorized
119.7to apply on the voter's behalf; and
119.8 (f) the voter's military identification card number, passport number, or Minnesota
119.9driver's license or state identification card number,; if the voter does not have a valid
119.10passport or identification card, the signed statement of an individual authorized to
119.11administer oaths or a commissioned or noncommissioned officer of the military not
119.12below the rank of sergeant or its equivalent, certifying that the voter or other individual
119.13requesting absentee ballots has attested to the truthfulness of the contents of the application
119.14under oath.
119.15The oath taken must be the standard oath prescribed by section 101(b)(7) of the
119.16Uniformed and Overseas Citizens Absentee Voting Act.
119.17A form for providing this information shall be prepared by each county auditor and
119.18shall be furnished to individuals who request it pursuant to this section. access to any of
119.19these documents, the voter may attest to the truthfulness of the contents of the application
119.20under penalty of perjury.
119.21EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.
119.22 Sec. 27. Minnesota Statutes 2006, section 203B.21, subdivision 2, is amended to read:
119.23 Subd. 2. Mailing of ballots; return. Ballots and instructions for marking them,
119.24ballot envelopes, and return envelopes shall be sent by first class mail to addresses within
119.25the continental United States and by air mail to addresses outside the continental United
119.26States, unless the voter requests to have the ballot, instructions, and certificate of voter
119.27eligibility sent electronically, as provided for by section 203B.225. The ballot envelope
119.28and return envelope shall be marked "Official Ballot," and shall contain sufficient postage
119.29to assure proper return delivery. The return envelope shall be addressed to comply with any
119.30method for return of absentee ballots as authorized under section203B.08, subdivision 2 .
119.31EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.
119.32 Sec. 28. Minnesota Statutes 2006, section 203B.21, subdivision 3, is amended to read:
120.1 Subd. 3. Back of return envelope. On the back of the return envelope an affidavit
120.2form shall appear with space for:
120.3 (a) the voter's address of present or former residence in Minnesota;
120.4 (b) a statement indicating the category described in section203B.16 to which the
120.5voter belongs;
120.6 (c) a statement that the voter has not cast and will not cast another absentee ballot
120.7in the same election or elections;
120.8 (d) a statement that the voter personally marked the ballots without showing them to
120.9anyone, or if physically unable to mark them, that the voter directed another individual
120.10to mark them; and
120.11 (e) the same voter's military identification card number, passport number, or
120.12Minnesota driver's license or state identification card number as provided on the absentee
120.13ballot application,; if the voter does not have a valid passport or identification card,
120.14the signature and certification of an individual authorized to administer oaths under
120.15federal law or the law of the place where the oath was administered or commissioned or
120.16noncommissioned personnel of the military not below the rank of sergeant or its equivalent
120.17access to any of these documents, the voter may attest to the truthfulness of the contents of
120.18the application under penalty of perjury.
120.19 The affidavit shall also contain a signed and dated oath in the form required by
120.20section 705 of the Help America Vote Act, Public Law 107-252, which must read:
120.21 "I swear or affirm, under penalty of perjury, that:
120.22 I am a member of the uniformed services or merchant marine on active duty or
120.23an eligible spouse or dependent of such a member; a United States citizen temporarily
120.24residing outside the United States; or other United States citizen residing outside the
120.25United States; and I am a United States citizen, at least 18 years of age (or will be by the
120.26date of the election), and I am eligible to vote in the requested jurisdiction; I have not
120.27been convicted of a felony, or other disqualifying offense, or been adjudicated mentally
120.28incompetent, or, if so, my voting rights have been reinstated; and I am not registering,
120.29requesting a ballot, or voting in any other jurisdiction in the United States except the
120.30jurisdiction cited in this voting form. In voting, I have marked and sealed my ballot in
120.31private and have not allowed any person to observe the marking of the ballot, except for
120.32those authorized to assist voters under state or federal law. I have not been influenced.
120.33 My signature and date below indicate when I completed this document.
120.34 The information on this form is true, accurate, and complete to the best of my
120.35knowledge. I understand that a material misstatement of fact in completion of this
120.36document may constitute grounds for a conviction for perjury."
121.1EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.
121.2 Sec. 29. Minnesota Statutes 2006, section 203B.22, is amended to read:
121.3203B.22 MAILING BALLOTS.
121.4 The county auditor shall mail the appropriate ballots, as promptly as possible, to an
121.5absent voter whose application has been recorded under section203B.19 . If the county
121.6auditor determines that a voter is not eligible to vote at the primary but will be eligible to
121.7vote at the general election, only general election ballots shall be mailed. Only one set of
121.8ballots shall be mailed to any applicant for any election, except that the county auditor
121.9may mail a replacement ballot to a voter whose ballot has been spoiled or lost in transit
121.10or whose mailing address has changed after the date on which the original application
121.11was submitted as confirmed by the county auditor. Ballots to be sent outside the United
121.12States shall be given priority in mailing. A county auditor may make use of any special
121.13service provided by the United States government for the mailing of voting materials
121.14under sections203B.16 to
203B.27 .
121.15EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.
121.16 Sec. 30. [203B.225] TRANSMITTING AND RETURNING BALLOTS.
121.17 Subdivision 1. Transmitting ballot and voter certification. Upon receipt of a
121.18properly completed application, the county auditor may electronically transmit to the voter
121.19the appropriate ballots, instructions, and affidavit form and certification of voter eligibility
121.20provided in section 203B.21, subdivision 3.
121.21 Subd. 2. Returning voted ballots. The voter must return the voted ballots and the
121.22certificate of voter eligibility to the county auditor in a sealed envelope. Upon receipt
121.23of a ballot, the county auditor must immediately compare the information provided on
121.24the absentee ballot application with the information provided on the certificate of voter
121.25eligibility. After the information on the certificate of voter eligibility has been verified,
121.26the certificate must be attached to the ballot secrecy envelope and placed with the other
121.27absentee ballots for the precinct in which the voter resides.
121.28 Subd. 3. Rejecting transmitted ballots. If the county auditor cannot verify that the
121.29ballots were returned by the same person to whom the absentee ballot application was
121.30transmitted, the ballots must be rejected and no votes on the ballots may be counted.
121.31EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.
121.32 Sec. 31. [203B.227] WRITE-IN ABSENTEE BALLOT.
122.1 An eligible voter who will be outside the territorial limits of the United States during
122.2the 180 days prior to the state general election may use the federal write-in absentee ballot
122.3to vote in any federal, state, or local election.
122.4EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.
122.5 Sec. 32. Minnesota Statutes 2006, section 203B.24, subdivision 1, is amended to read:
122.6 Subdivision 1. Check of voter eligibility; proper execution of affidavit. Upon
122.7receipt of an absentee ballot returned as provided in sections203B.16 to
203B.27 , the
122.8election judges shall compare the voter's name with the names appearing on their copy of
122.9the application records to insure that the ballot is from a voter eligible to cast an absentee
122.10ballot under sections203B.16 to
203B.27 . The election judges shall mark the return
122.11envelope "Accepted" and initial or sign the return envelope below the word "Accepted" if
122.12the election judges are satisfied that:
122.13 (1) the voter's name on the return envelope appears in substantially the same form as
122.14on the application records provided to the election judges by the county auditor;
122.15 (2) the voter has signed the federal oath prescribed pursuant to section 705(b)(2) of
122.16the Help America Vote Act, Public Law 107-252;
122.17 (3) the voter has set forth the same voter's military identification numberor, passport
122.18number, or, if those numbers do not appear, a person authorized to administer oaths under
122.19federal law or the law of the place where the oath was administered or a witness who is
122.20military personnel with a rank at or above the rank of sergeant or its equivalent has signed
122.21the ballot Minnesota driver's license or state identification card number as submitted on
122.22the application, if the voter has one of these documents; and
122.23 (4) the voter has not already voted at that election, either in person or by absentee
122.24ballot.
122.25 An absentee ballot case pursuant to sections203B.16 to
203B.27 may only be
122.26rejected for the lack of one of clauses (1) to (4). In particular, failure to place the ballot
122.27within the security envelope before placing it in the outer white envelope is not a reason to
122.28reject an absentee ballot.
122.29 Election judges must note the reason for rejection on the back of the envelope in the
122.30space provided for that purpose.
122.31 Failure to return unused ballots shall not invalidate a marked ballot, but a ballot
122.32shall not be counted if the affidavit on the return envelope is not properly executed. In
122.33all other respects the provisions of the Minnesota Election Law governing deposit and
122.34counting of ballots shall apply.
123.1EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.
123.2 Sec. 33. [203B.28] EMERGENCY POWERS.
123.3 (a) If the governor has declared an emergency and filed the declaration with the
123.4secretary of state under section 12.31, or if a natural disaster or armed conflict involving
123.5the United States Armed Forces, or mobilization of those forces, including National Guard
123.6and reserve components of this state, makes substantial compliance with the Uniformed
123.7and Overseas Citizens Absentee Voting Act impossible or unreasonable, the secretary of
123.8state may prescribe, by emergency orders, special procedures or requirements necessary to
123.9facilitate absentee voting by those citizens directly affected who otherwise are eligible
123.10to vote in this state.
123.11 (b) The secretary of state shall adopt rules describing the emergency powers and the
123.12situations in which the powers must be exercised.
123.13EFFECTIVE DATE.Paragraph (a) is effective for elections held after April 1,
123.142008. Paragraph (b) is effective the day following final enactment.
123.15 Sec. 34. Minnesota Statutes 2006, section 204B.06, subdivision 1, is amended to read:
123.16 Subdivision 1. Form of affidavit. An affidavit of candidacy shall state the name of
123.17the office sought and, except as provided in subdivision 4, shall state that the candidate:
123.18 (1) is an eligible voter;
123.19 (2) has no other affidavit on file as a candidate for any office at the same primary
123.20or next ensuing general election, except that a candidate for soil and water conservation
123.21district supervisor in a district not located in whole or in part in Anoka, Hennepin,
123.22Ramsey, or Washington County, may also have on file an affidavit of candidacy for
123.23mayor or council member of a statutory or home rule charter city of not more than 2,500
123.24population contained in whole or in part in the soil and water conservation district or for
123.25town supervisor in a town of not more than 2,500 population contained in whole or in part
123.26in the soil and water conservation district; and
123.27 (3) is, or will be on assuming the office, 21 years of age or more, and will have
123.28maintained residence in the district from which the candidate seeks election for 30 days
123.29before the general election.
123.30 An affidavit of candidacy must include a statement that the candidate's name as
123.31written on the affidavit for ballot designation is the candidate's true name or the name by
123.32which the candidate is commonly and generally known in the community.
123.33 An affidavit of candidacy for partisan office shall also state the name of the
123.34candidate's political party or political principle, stated in three words or less. Except as
124.1provided in section 204B.09, subdivision 1a, the affidavit of candidacy must include an
124.2original signature of the candidate.
124.3 Sec. 35. Minnesota Statutes 2006, section 204B.09, subdivision 1, is amended to read:
124.4 Subdivision 1. Candidates in state and county general elections. (a) Except as
124.5otherwise provided by this subdivision, affidavits of candidacy and nominating petitions
124.6for county, state, and federal offices filled at the state general election shall be filed not
124.7more than 70 days nor less than 56 days before the state primary. The affidavit may
124.8be prepared and signed at any time between 60 days before the filing period opens and
124.9the last day of the filing period.
124.10 (b) Notwithstanding other law to the contrary, the affidavit of candidacy must be
124.11signed in the presence of a notarial officer or an individual authorized to administer oaths
124.12under section358.10 .
124.13 (c) This provision does not apply to candidates for presidential elector nominated
124.14by major political parties. Major party candidates for presidential elector are certified
124.15under section208.03 . Other candidates for presidential electors may file petitions on or
124.16before the state primary day pursuant to section204B.07, but no earlier than 70 days
124.17before the state primary . Nominating petitions to fill vacancies in nominations shall be
124.18filed as provided in section204B.13 . No affidavit or petition shall be accepted later than
124.195:00 p.m. on the last day for filing.
124.20 (d) Affidavits and petitions for county officesto be voted on in only one county shall
124.21must be filed with the county auditor of that county. Affidavits and petitions for federal
124.22officesto be voted on in more than one county shall must be filed with the secretary of
124.23state. Affidavits and petitions for state offices must be filed with the secretary of state or
124.24with the county auditor of the county in which the candidate resides.
124.25 Sec. 36. Minnesota Statutes 2006, section 204B.09, subdivision 1a, is amended to read:
124.26 Subd. 1a. Absent candidates. (a) A candidate for special district, county, state,
124.27or federal office who will be absent from the state during the filing period may submit
124.28a properly executed affidavit of candidacy, the appropriate filing fee, and any necessary
124.29petitions in person to the filing officer. The candidate shall state in writing the reason for
124.30being unable to submit the affidavit during the filing period. The affidavit, filing fee,
124.31and petitions must be submitted to the filing officer during the seven days immediately
124.32preceding the candidate's absence from the state. Nominating petitions may be signed
124.33during the 14 days immediately preceding the date when the affidavit of candidacy is filed.
125.1 (b) In extraordinary circumstances beyond the candidate's control that prevent
125.2the candidate from filing an affidavit of candidacy authenticated by the candidate's
125.3handwritten or other signature meeting the requirements of section 645.44, subdivision 14,
125.4the affidavit of candidacy may be filed electronically with the secretary of state along with
125.5a written statement of the extraordinary circumstances. The affidavit and statement may be
125.6authenticated either by the electronic facsimile signature of the candidate, by an electronic
125.7signature consisting of a password assigned by the secretary of state, or by another form of
125.8electronic signature approved by the secretary of state. The secretary of state may adopt
125.9rules governing the electronic filing of an affidavit of candidacy under this paragraph.
125.10 Sec. 37. Minnesota Statutes 2006, section 204B.09, subdivision 3, is amended to read:
125.11 Subd. 3. Write-in candidates. (a) A candidate for county, state, or federal office
125.12who wants write-in votes for the candidate to be counted must file a written request with
125.13the filing office for the office sought no later than thefifth seventh day before the general
125.14election. The filing officer shall provide copies of the form to make the request.
125.15 (b) A candidate for president of the United States who files a request under this
125.16subdivision must include the name of a candidate for vice-president of the United States.
125.17The request must also include the name of at least one candidate for presidential elector.
125.18The total number of names of candidates for presidential elector on the request may not
125.19exceed the total number of electoral votes to be cast by Minnesota in the presidential
125.20election.
125.21 (c) A candidate for governor who files a request under this subdivision must include
125.22the name of a candidate for lieutenant governor.
125.23 Sec. 38. Minnesota Statutes 2006, section 204B.11, subdivision 2, is amended to read:
125.24 Subd. 2. Petition in place of filing fee. At the time of filing an affidavit of
125.25candidacy, a candidate may present a petition in place of the filing fee. The petition may be
125.26circulated from the date of precinct caucuses to the end of the period for filing affidavits of
125.27candidacy. The petition may be signed by any individual eligible to vote for the candidate.
125.28A nominating petition filed pursuant to section204B.07 or
204B.13, subdivision 4 , is
125.29effective as a petition in place of a filing fee if the nominating petition includes a prominent
125.30statement informing the signers of the petition that it will be used for that purpose.
125.31 The number of signatures on a petition in place of a filing fee shall be as follows:
125.32 (a) for a state office voted on statewide, or for president of the United States, or
125.33United States senator, 2,000;
125.34 (b) for a congressional office, 1,000;
126.1 (c) for a county or legislative office, or for the office of district judge, 500; and
126.2 (d) for any other office which requires a filing fee as prescribed by law, municipal
126.3charter, or ordinance, the lesser of 500 signatures or five percent of the total number of
126.4votes cast in the municipality, ward, or other election district at the preceding general
126.5election at which that office was on the ballot.
126.6 An official with whom petitions are filed shall make sample forms for petitions in
126.7place of filing fees available upon request.
126.8 Sec. 39. Minnesota Statutes 2006, section 204B.16, subdivision 1, is amended to read:
126.9 Subdivision 1. Authority; location. The governing body of each municipality and
126.10of each county with precincts in unorganized territory shall designate by ordinance or
126.11resolution a polling place for each election precinct. Polling places must be designated
126.12and ballots must be distributed so that no one is required to go to more than one polling
126.13place to vote in a school district and municipal election held on the same day. The polling
126.14place for a precinct in a city or in a school district located in whole or in part in the
126.15metropolitan area defined by section200.02, subdivision 24 , shall be located within the
126.16boundaries of the precinct or within3,000 feet one mile of one of those boundaries unless
126.17a single polling place is designated for a city pursuant to section204B.14, subdivision
126.182 , or a school district pursuant to section
205A.11 . The polling place for a precinct in
126.19unorganized territory may be located outside the precinct at a place which is convenient to
126.20the voters of the precinct. If no suitable place is available within a town or within a school
126.21district located outside the metropolitan area defined by section200.02, subdivision 24 ,
126.22then the polling place for a town or school district may be located outside the town or
126.23school district within five miles of one of the boundaries of the town or school district.
126.24 Sec. 40. Minnesota Statutes 2006, section 204B.21, subdivision 2, is amended to read:
126.25 Subd. 2. Appointing authority; powers and duties. Election judges for precincts
126.26in a municipality shall be appointed by the governing body of the municipality. Election
126.27judges for precincts in unorganized territory and for performing election-related duties
126.28assigned by the county auditor shall be appointed by the county board. Election judges for
126.29a precinct composed of two or more municipalities must be appointed by the governing
126.30body of the municipality or municipalities responsible for appointing election judges as
126.31provided in the agreement to combine for election purposes. Appointmentsshall may be
126.32made from lists furnished pursuant to subdivision 1 subject to the eligibility requirements
126.33and other qualifications established or authorized under section204B.19 . At least two
126.34election judges in each precinct must be affiliated with different major political parties. If
127.1no lists have been furnished or if additional election judges are requiredafter all listed
127.2names have been exhausted, the appointing authority may appoint any other individual to
127.3serve as an election judge subject to the same requirements and qualifications individuals
127.4who meet the qualifications to serve as an election judge, including persons who are not
127.5affiliated with a major political party. The appointments shall be made at least 25 days
127.6before the election at which the election judges will serve.
127.7 Sec. 41. Minnesota Statutes 2006, section 204B.21, is amended by adding a
127.8subdivision to read:
127.9 Subd. 2a. Town elections. The provisions of this section and sections 204B.19,
127.10subdivision 5; 204C.15; 204C.19; 206.83; and 206.86, subdivision 2, relating to party
127.11balance in the appointment of judges and to duties to be performed by judges of different
127.12major political parties do not apply to town elections not held in conjunction with a
127.13statewide election.
127.14 Sec. 42. [204B.445] VOTER COMPLAINT AND RESOLUTION PROCESS.
127.15 Subdivision 1. Scope. An eligible voter may file a complaint to seek the resolution
127.16of any of the following conditions that have occurred or are about to occur:
127.17 (1) voter records in the statewide registration system are not maintained by the
127.18secretary of state or a county auditor in the manner provided in chapter 201;
127.19 (2) voters are unable to register to vote in the manner provided by section 201.061;
127.20 (3) a voting system, including an electronic ballot marker, meeting the requirements
127.21of section 206.80 is not available for use by voters either casting an absentee ballot in
127.22person at the locations designated by the county auditor or local election official, or for
127.23voting at any polling place on election day; or
127.24 (4) the secretary of state, county auditor, or local election official has failed, is
127.25failing, or is about to fail to carry out a duty required by Title III of the Help America
127.26Vote Act of 2002.
127.27 A complaint against a municipal or school district clerk must be filed with the county
127.28auditor of the county in which the action has occurred or is about to occur. A complaint
127.29against a county auditor must be filed with the secretary of state. A complaint against the
127.30secretary of state must be filed with the Office of Administrative Hearings. The secretary
127.31of state shall provide a standard form for a complaint under this section. The form must
127.32provide space for the complainant to specify the legal basis for the complaint. The
127.33proceedings authorized by this section are not subject to the requirements of chapter 14.
128.1 Subd. 2. Notice of complaint. The official with whom the complaint is filed must,
128.2within seven days after the complaint was filed, provide written notice of the complaint,
128.3including a copy of the complaint, to the official against whom the complaint has been
128.4made.
128.5 Subd. 3. Response. Within 14 days after the notice of complaint is received, the
128.6official complained against must respond in writing to the complainant and state the
128.7manner in which the respondent proposes to resolve the complaint.
128.8 Subd. 4. Hearing. If the complainant believes the response does not resolve the
128.9complaint, the complainant may file, with the official with whom the complaint was filed,
128.10a request for a hearing. The request must state the objection to the response and propose
128.11to resolve the complaint in a way that is consistent with the Minnesota Election Law. If
128.12the complainant makes a request for hearing, a hearing must take place. The official with
128.13whom the complaint was filed must rule on the complaint within 14 days after the hearing.
128.14 Subd. 5. Timeline. A ruling on a complaint must be made no more than 90 days
128.15after the complaint is filed. If the official with whom the complaint was filed fails to
128.16make that ruling within 90 days after the complaint was filed, that official must provide
128.17alternative dispute resolution for the disposition of the complaint. The alternative dispute
128.18resolution process must be completed within 60 days of its commencement.
128.19 Subd. 6. Appeal. No later than 30 days after the ruling, the complainant may appeal
128.20the ruling. If the complaint was filed against a municipal clerk, school district clerk, or
128.21county auditor, the appeal must be filed with the secretary of state. If the complaint was
128.22filed against the secretary of state, the appeal must be filed with the Ramsey County
128.23District Court. The appeal must be heard within 14 days. Upon hearing the appeal, the
128.24secretary of state or district court may affirm, reverse, or modify the ruling and give
128.25appropriate instructions, as needed, to the secretary of state, county auditor, or local
128.26election official to resolve the complaint.
128.27 Subd. 7. Remedies; notice. If the official rules that there has been a violation of
128.28Title III of the Help America Vote Act of 2002, the official must provide an appropriate
128.29remedy. If the official rules that there has not been a violation, the complaint must be
128.30dismissed and the results of the process published by the official.
128.31EFFECTIVE DATE.This section is effective January 1, 2008.
128.32 Sec. 43. Minnesota Statutes 2006, section 204B.45, subdivision 2, is amended to read:
128.33 Subd. 2. Procedure. Notice of the election and the special mail procedure must be
128.34given at least six weeks prior to the election.No earlier Not more than 20 30 days or nor
128.35later than 14 days prior to the election, the auditor shall mail ballots by nonforwardable
129.1mail to all voters registered in the town or unorganized territory. No later than 14 days
129.2before the election, the auditor must make a subsequent mailing of ballots to those voters
129.3who register to vote after the initial mailing but before the 20th day before the election.
129.4Eligible voters not registered at the time the ballots are mailed may apply for ballots as
129.5provided in chapter 203B. Ballot return envelopes, with return postage provided, must be
129.6preaddressed to the auditor or clerk and the voter may return the ballot by mail or in person
129.7to the office of the auditor or clerk. The auditor or clerk may appoint election judges to
129.8examine the return envelopes and mark them "accepted" or "rejected" during the 30 days
129.9before the election. If an envelope has been rejected at least five days before the election,
129.10the ballots in the envelope must be considered spoiled ballots and the auditor or clerk shall
129.11provide the voter with a replacement ballot and return envelope in place of the spoiled
129.12ballot. The costs of the mailing shall be paid by the election jurisdiction in which the voter
129.13resides. Any ballot received by 8:00 p.m. on the day of the election must be counted.
129.14 Sec. 44. Minnesota Statutes 2006, section 204C.06, subdivision 1, is amended to read:
129.15 Subdivision 1. Lingering near polling place. An individual shall be allowed to go
129.16to and from the polling place for the purpose of voting without unlawful interference. No
129.17one except an election official or an individual who is waiting to register or to vote shall
129.18stand within 100 feet of theentrance to a polling place. The entrance to a polling place
129.19is the doorway or point of entry leading into the room or area where voting is occurring
129.20building in which a polling place is located.
129.21 Sec. 45. Minnesota Statutes 2006, section 204C.07, subdivision 3a, is amended to read:
129.22 Subd. 3a. Residence requirement. A challenger must be a resident of this state.
129.23Appointed challengers seeking admission to a polling place to serve in that capacity must
129.24prove their status as a resident of this state by presenting one of the documents listed in
129.25section 201.061, subdivision 3, paragraph (b), clauses (1) to (4). Challengers need not
129.26prove residence in the precinct in which they seek to act as a challenger.
129.27EFFECTIVE DATE.This section is effective September 1, 2007.
129.28 Sec. 46. Minnesota Statutes 2006, section 204C.07, is amended by adding a
129.29subdivision to read:
129.30 Subd. 3b. Oath to obey the law. A challenger must state under oath that the
129.31challenger understands and will abide by the laws and rules governing challengers as
129.32described in this section and in section 204C.12 and governing challenges to voters as
129.33described in section 204C.12.
130.1EFFECTIVE DATE.This section is effective September 1, 2007.
130.2 Sec. 47. Minnesota Statutes 2006, section 205.10, is amended by adding a subdivision
130.3to read:
130.4 Subd. 6. Cancellation. A special election ordered by the governing body of the
130.5municipality on its own motion under subdivision 1 may be canceled by motion of the
130.6governing body, but not less than 46 days before the election.
130.7 Sec. 48. Minnesota Statutes 2006, section 205.13, is amended by adding a subdivision
130.8to read:
130.9 Subd. 7. Write-in candidates. A candidate for a city office who wants write-in
130.10votes for the candidate to be counted must file a written request with the filing officer for
130.11the office sought no later than the seventh day before the general election. The filing
130.12officer must provide copies of the form to make the request.
130.13 Sec. 49. Minnesota Statutes 2006, section 205.16, subdivision 3, is amended to read:
130.14 Subd. 3. Sample ballot, posting. For every municipal election, the municipal clerk
130.15shall at leastfour days two weeks before the election post prepare a sample ballot for each
130.16precinct in the municipality, make them available for public inspection in the clerk's office
130.17for public inspection, and post a sample ballot in each polling place on election day.
130.18 Sec. 50. Minnesota Statutes 2006, section 205.16, subdivision 4, is amended to read:
130.19 Subd. 4. Notice to auditor. At least 53 days prior to every municipal election, the
130.20municipal clerk shall provide a written notice to the county auditor, including the date of
130.21the election, the offices to be voted on at the election, and the title and language for each
130.22ballot question to be voted on at the election. Not less than 46 days before the election, the
130.23municipal clerk must provide written notice to the county auditor of any special election
130.24canceled under section 205.10, subdivision 6.
130.25 Sec. 51. Minnesota Statutes 2006, section 205A.05, is amended by adding a
130.26subdivision to read:
130.27 Subd. 3. Cancellation. A special election ordered by the school board on its own
130.28motion under subdivision 1 may be canceled by motion of the school board, but not less
130.29than 46 days before the election.
130.30 Sec. 52. Minnesota Statutes 2006, section 205A.07, subdivision 3, is amended to read:
131.1 Subd. 3. Notice to auditor. At least 53 days prior to every school district election,
131.2the school district clerk shall provide a written notice to the county auditor of each county
131.3in which the school district is located. The notice must include the date of the election, the
131.4offices to be voted on at the election, and the title and language for each ballot question to
131.5be voted on at the election. For the purposes of meeting the timelines of this section, in
131.6a bond election, a notice, including a proposed question, may be provided to the county
131.7auditor prior to receipt of a review and comment from the commissioner of education and
131.8prior to actual initiation of the election. Not less than 46 days before the election, the
131.9school district clerk must provide written notice to the county auditor of any special
131.10election canceled under section 205A.05, subdivision 3.
131.11 Sec. 53. Minnesota Statutes 2006, section 205A.07, subdivision 3a, is amended to read:
131.12 Subd. 3a. Notice to commissioner of education. At least 49 days prior to every
131.13school district election, under section123B.62 ,
123B.63 ,
126C.17 ,
126C.69 , or
475.58 ,
131.14the school district clerk shall provide a written notice to the commissioner of education.
131.15The notice must include the date of the election and the title and language for each ballot
131.16question to be voted on at the election. Not less than 46 days before the election, the
131.17school district clerk must provide a written notice to the commissioner of education of
131.18any special election canceled under section 205A.05, subdivision 3. The certified vote
131.19totals for each ballot question shall be provided in a written notice to the commissioner
131.20in a timely manner.
131.21 Sec. 54. Minnesota Statutes 2006, section 205A.10, subdivision 2, is amended to read:
131.22 Subd. 2. Election, conduct. A school district election must be by secret ballot and
131.23must be held and the returns made in the manner provided for the state general election, as
131.24far as practicable. The vote totals from an absentee ballot board established pursuant to
131.25section203B.13 may be tabulated and reported by the school district as a whole rather
131.26than by precinct. For school district elections not held in conjunction with a statewide
131.27election, the school board shall appoint election judges as provided in section204B.21,
131.28subdivision 2 . The provisions of sections
204B.19, subdivision 5 ;
204B.21, subdivision 2;
131.29204C.15 ;
204C.19 ; 206.64, subdivision 2;
206.83 ; and
206.86, subdivision 2 , relating to
131.30party balance in appointment of judges and to duties to be performed by judges of different
131.31major political parties do not apply to school district elections not held in conjunction
131.32with a statewide election.
131.33 Sec. 55. Minnesota Statutes 2006, section 206.57, subdivision 5, is amended to read:
132.1 Subd. 5. Voting system for disabled voters. In federal and state elections held after
132.2December 31, 2005,and in county, municipal city, and school district elections held after
132.3December 31, 2007, and in township elections held after December 31, 2009, the voting
132.4method used in each polling place must include a voting system that is accessible for
132.5individuals with disabilities, including nonvisual accessibility for the blind and visually
132.6impaired in a manner that provides the same opportunity for access and participation,
132.7including privacy and independence, as for other voters.
132.8 Sec. 56. Minnesota Statutes 2006, section 206.89, subdivision 1, is amended to read:
132.9 Subdivision 1. Definition. For purposes of this section "postelection review official"
132.10means theelection administration official who is responsible for the conduct of elections
132.11in a precinct selected for review under this section. county auditor, unless the county
132.12auditor designates the municipal clerk as the "postelection review official" within 24 hours
132.13after the canvass of the state general election.
132.14 Sec. 57. Minnesota Statutes 2006, section 206.89, subdivision 5, is amended to read:
132.15 Subd. 5. Additional review. (a) If the postelection review in one of the reviewed
132.16precincts reveals a difference greater than one-half of one percent, or greater than two
132.17votes in a precinct where 400 or fewer voters cast ballots, the postelection review official
132.18must, within two days, conduct an additional review of the races indicated in subdivision 3
132.19in at least three precincts in the same jurisdiction where the discrepancy was discovered. If
132.20all precincts in that jurisdiction have been reviewed, the county auditor must immediately
132.21publicly select by lot at least three additional precincts for review. The postelection review
132.22official must complete the additional review within two days after the precincts are
132.23selected and report the results immediately to the county auditor. If the second review in
132.24any of the reviewed precincts also indicates a difference in the vote totals compiled by the
132.25voting system that is greater than one-half of one percent from the result indicated by the
132.26postelection review, or greater than two votes in a precinct where 400 or fewer voters cast
132.27ballots, the county auditor must conduct a review of the ballots from all the remaining
132.28precincts in the county for the races indicated in subdivision 3. This review must be
132.29completed no later than six weeks after the state general election.
132.30 (b) If the results from the countywide reviews from one or more counties comprising
132.31in the aggregate more than ten percent of the total number of persons voting in the election
132.32clearly indicate that an error in vote counting has occurred, the postelection review official
132.33must conduct a manual recount of all the ballots in the district for the affected office. The
133.1recount must be completed and the results reported to the appropriate canvassing board no
133.2later than ten weeks after the state general election.
133.3 Sec. 58. Minnesota Statutes 2006, section 211A.02, subdivision 2, is amended to read:
133.4 Subd. 2. Information required. The report to be filed by a candidate or committee
133.5must include:
133.6 (1) the name of the candidate or ballot question;
133.7 (2) the printed nameand, address, telephone number, signature, and e-mail address,
133.8if available, of the person responsible for filing the report;
133.9 (3) the total amount of receipts and expenditures for the period from the last previous
133.10report to five days before the current report is due;
133.11 (4) the amount, date, and purpose for each expenditure; and
133.12 (5) the name, address, and employer, or occupation if self-employed, of any
133.13individual or committee that during the year has made one or more contributions that in the
133.14aggregate are equal to or greater than $100, and the amount and date of each contribution.
133.15The filing officer must restrict public access to the address of any individual who has made
133.16a contribution equal to or greater than $100 and who has filed with the filing officer a
133.17written statement signed by the individual that withholding the individual's address from
133.18the financial report is required for the safety of the individual or the individual's family.
133.19 Sec. 59. Minnesota Statutes 2006, section 211A.05, subdivision 1, is amended to read:
133.20 Subdivision 1. Penalty. A candidate who intentionally fails to file a report required
133.21by section211A.02 or a certification required by this section is guilty of a misdemeanor.
133.22The treasurer of a committee formed to promote or defeat a ballot question who
133.23intentionally fails to file a report required by section211A.02 or a certification required
133.24by this section is guilty of a misdemeanor. Each candidate or treasurer of a committee
133.25formed to promote or defeat a ballot question shall certify to the filing officer that all
133.26reports required by section211A.02 have been submitted to the filing officer or that the
133.27candidate or committee has not received contributions or made disbursements exceeding
133.28$750 in the calendar year. The certification shall be submitted to the filing officer no
133.29later than seven days after the general or special election. The secretary of state shall
133.30prepare blanks for this certification. An officer who issues a certificate of election to a
133.31candidate who has not certified that all reports required by section211A.02 have been
133.32filed is guilty of a misdemeanor.
134.1 Sec. 60. Minnesota Statutes 2006, section 325L.03, is amended to read:
134.2325L.03 SCOPE.
134.3 (a) Except as otherwise provided in paragraphs (b) and (e), this chapter applies to
134.4electronic records and electronic signatures relating to a transaction.
134.5 (b) This chapter does not apply to a transaction to the extent it is governed by:
134.6 (1) the Uniform Commercial Code other than section336.1-306 , article 2, and
134.7article 2A; and
134.8 (2) section145C.03, subdivision 1 , relating to requirements for creation of a health
134.9care directive; section507.24 , relating to requirements for recording any conveyance,
134.10power of attorney, or other instrument affecting real estate; section523.23, subdivision
134.113 , relating to requirements for creation of a statutory short form power of attorney; and
134.12section253B.03, subdivision 6b , relating to requirements for creation of a declaration of
134.13preferences or instructions regarding intrusive mental health treatment.
134.14 (c) This chapter applies to an electronic record or electronic signature otherwise
134.15excluded from the application of this chapter under paragraph (b) to the extent it is
134.16governed by a law other than those specified in paragraph (b).
134.17 (d) A transaction subject to this chapter is also subject to other applicable substantive
134.18law.
134.19 (e) This chapter does not apply to the creation and execution of wills, codicils, or
134.20trusts other than trusts relating to the conduct of business, commercial, or governmental
134.21purposes.
134.22 (f) Except as provided in section 204B.09, subdivision 1a, this chapter does not
134.23apply to affidavits of candidacy relating to the conduct of elections.
134.24 Sec. 61. Minnesota Statutes 2006, section 375.101, subdivision 1, is amended to read:
134.25 Subdivision 1. Option for filling vacancies; election in 30 to60 90 days. Except
134.26as provided in subdivision 3, a vacancy in the office of county commissionershall may be
134.27filled as provided in this subdivision and subdivision 2, or as provided in subdivision 4. If
134.28the vacancy is to be filled under this subdivision and subdivision 2, it must be filled at a
134.29special election not less than 30 nor more than60 90 days after the vacancy occurs. The
134.30special primary or special election may be held on the same day as a regular primary or
134.31regular election but the special election shall be held not less than 14 days after the special
134.32primary. The person elected at the special election shall take office immediately after
134.33receipt of the certificate of election and upon filing the bond and taking the oath of office
134.34and shall serve the remainder of the unexpired term. If the county has been reapportioned
135.1since the commencement of the term of the vacant office, the election shall be based
135.2on the district as reapportioned.
135.3EFFECTIVE DATE.This section is effective the day following final enactment.
135.4 Sec. 62. Minnesota Statutes 2006, section 375.101, is amended by adding a subdivision
135.5to read:
135.6 Subd. 4. Option for filling vacancies; appointment. Except as provided in
135.7subdivision 3, and as an alternative to the procedure provided in subdivisions 1 and 2, any
135.8other vacancy in the office of county commissioner may be filled by board appointment at
135.9a regular or special meeting. The appointment shall be evidenced by a resolution entered
135.10in the minutes and shall continue until an election is held under this subdivision. All
135.11elections to fill vacancies shall be for the unexpired term. If the vacancy occurs before the
135.12first day to file affidavits of candidacy for the next county general election and more than
135.13two years remain in the unexpired term, a special election shall be held in conjunction
135.14with the county general election. The appointed person shall serve until the qualification
135.15of the successor elected to fill the unexpired part of the term at that special election. If the
135.16vacancy occurs on or after the first day to file affidavits of candidacy for the county general
135.17election, or when less than two years remain in the unexpired term, there shall be no special
135.18election to fill the vacancy and the appointed person shall serve the remainder of the
135.19unexpired term and until a successor is elected and qualifies at the county general election.
135.20EFFECTIVE DATE.This section is effective the day following final enactment.
135.21 Sec. 63. Minnesota Statutes 2006, section 410.12, subdivision 1, is amended to read:
135.22 Subdivision 1. Proposals. The charter commission may propose amendments to
135.23such charter and shall do so upon the petition of voters equal in number to five percent of
135.24the total votes cast at the last previous state general election in the city. Proposed charter
135.25amendments must be submitted at least 12 weeks before the general election. Petitions
135.26may be signed no earlier than 26 weeks before the general election. Only registered
135.27voters are eligible to sign the petition. All petitions circulated with respect to a charter
135.28amendment shall be uniform in character and shall have attached thereto the text of the
135.29proposed amendment in full; except that in the case of a proposed amendment containing
135.30more than 1,000 words, a true and correct copy of the same may be filed with the city
135.31clerk, and the petition shall then contain a summary of not less than 50 nor more than 300
135.32words setting forth in substance the nature of the proposed amendment. Such summary
135.33shall contain a statement of the objects and purposes of the amendment proposed and an
136.1outline of any proposed new scheme or frame work of government and shall be sufficient
136.2to inform the signers of the petition as to what change in government is sought to be
136.3accomplished by the amendment. The summary, together with a copy of the proposed
136.4amendment, shall first be submitted to the charter commission for its approval as to form
136.5and substance. The commission shall within ten days after such submission to it, return
136.6the same to the proposers of the amendment with such modifications in statement as it
136.7may deem necessary in order that the summary may fairly comply with the requirements
136.8above set forth.
136.9 Sec. 64. Minnesota Statutes 2006, section 447.32, subdivision 4, is amended to read:
136.10 Subd. 4. Candidates; ballots; certifying election. A person who wants to be a
136.11candidate for the hospital board shall file an affidavit of candidacy for the election either
136.12as member at large or as a member representing the city or town where the candidate
136.13resides. The affidavit of candidacy must be filed with the city or town clerk not more than
136.1470 days nor less than 56 days before the first Tuesday after the first Monday in November
136.15of the year in which the general election is held. The city or town clerk must forward the
136.16affidavits of candidacy to the clerk of the hospital district or, for the first election, the clerk
136.17of the most populous city or town immediately after the last day of the filing period. A
136.18candidate may withdraw from the election by filing an affidavit of withdrawal with the
136.19clerk of the district no later than 5:00 p.m. two days after the last day to file affidavits
136.20of candidacy. A candidate for a hospital district office who wants write-in votes for the
136.21candidate to be counted must file a written request with the filing officer for the office
136.22sought no later than the seventh day before the general election. The filing officer must
136.23provide copies of the form to make the request.
136.24 Voting must be by secret ballot. The clerk shall prepare, at the expense of the
136.25district, necessary ballots for the election of officers. Ballots must be printed on tan paper
136.26and prepared as provided in the rules of the secretary of state. The ballots must be marked
136.27and initialed by at least two judges as official ballots and used exclusively at the election.
136.28Any proposition to be voted on may be printed on the ballot provided for the election
136.29of officers. The hospital board may also authorize the use of voting systems subject to
136.30chapter 206. Enough election judges may be appointed to receive the votes at each
136.31polling place. The election judges shall act as clerks of election, count the ballots cast,
136.32and submit them to the board for canvass.
136.33 After canvassing the election, the board shall issue a certificate of election to the
136.34candidate who received the largest number of votes cast for each office. The clerk shall
136.35deliver the certificate to the person entitled to it in person or by certified mail. Each person
137.1certified shall file an acceptance and oath of office in writing with the clerk within 30
137.2days after the date of delivery or mailing of the certificate. The board may fill any office
137.3as provided in subdivision 1 if the person elected fails to qualify within 30 days, but
137.4qualification is effective if made before the board acts to fill the vacancy.
137.5 Sec. 65. AUTOMATIC REGISTRATION.
137.6 An applicant for a Minnesota driver's license, instruction permit, or identification
137.7card must not be automatically registered to vote under Minnesota Statutes, section
137.8201.161, until the secretary of state has certified that the system for automatic registration
137.9of those applicants has been tested and shown to properly determine whether an applicant
137.10is eligible to vote.
137.11 Sec. 66. REPEALER.
137.12(a) Minnesota Statutes 2006, sections 201.061, subdivision 7; 201.096; 203B.02,
137.13subdivision 1a; and 203B.13, subdivision 3a, are repealed.
137.14(b) Minnesota Statutes 2006, section 203B.04, subdivision 5, is repealed effective
137.15April 1, 2008.
137.16(c) Minnesota Statutes 2006, section 200.04, is repealed effective January 1, 2008.
137.19 Section 1. Minnesota Statutes 2006, section 103C.305, subdivision 3, is amended to
137.20read:
137.21 Subd. 3. Ballots. Ballots shall be prepared by the county auditor. The names of
137.22candidates shall be placed on the "canary ballot" described in section204D.11, subdivision
137.233 . The office title printed on the ballot must be either "Soil and Water Conservation
137.24District Supervisor" or "Conservation District Supervisor," based upon the district from
137.25which the supervisor is to be elected.
137.26 Sec. 2. Minnesota Statutes 2006, section 201.054, subdivision 1, is amended to read:
137.27 Subdivision 1. Registration. An individual may register to vote:
137.28 (1) at any time before the 20th day preceding any election as provided in section
137.29201.061, subdivision 1
;
137.30 (2) on the day of an election as provided in section201.061, subdivision 3 ; or
137.31 (3) when submitting an absentee ballot, by enclosing a completed registrationcard
137.32application as provided in section203B.04, subdivision 4 .
138.1 Sec. 3. Minnesota Statutes 2006, section 201.061, subdivision 4, is amended to read:
138.2 Subd. 4. Registration by election judges; procedures. Registration at the polling
138.3place on election day shall be conducted by the election judges. The election judge who
138.4registers an individual at the polling place on election day shall not handle that voter's
138.5ballots at any time prior to the opening of the ballot box after the voting ends. Registration
138.6cards applications and forms for oaths shall be available at each polling place. If an
138.7individual who registers on election day proves residence by oath of a registered voter, the
138.8form containing the oath shall be attached to the individual's registrationcard application.
138.9Registrationcards applications completed on election day shall be forwarded to the
138.10county auditor who shall add the name of each voter to the registration system unless the
138.11information forwarded is substantially deficient. A county auditor who finds an election
138.12day registration substantially deficient shall give written notice to the individual whose
138.13registration is found deficient. An election day registration shall not be found deficient
138.14solely because the individual who provided proof of residence was ineligible to do so.
138.15 Sec. 4. Minnesota Statutes 2006, section 201.071, subdivision 3, is amended to read:
138.16 Subd. 3. Deficient registration. No voter registration application is deficient if it
138.17contains the voter's name, address, date of birth, current and valid Minnesota driver's
138.18license number or Minnesota state identification number, or if the voter has no current and
138.19valid Minnesota driver's license or Minnesota state identification number, the last four
138.20digits of the voter's Social Security number, if the voter has been issued a Social Security
138.21number, prior registration, if any, and signature. The absence of a zip code number does
138.22not cause the registration to be deficient. Failure to check a box on an application form
138.23that a voter has certified to be true does not cause the registration to be deficient. The
138.24election judges shall request an individual to correct a voter registration application if it is
138.25deficient or illegibleor if the name or number of the voter's school district is missing or
138.26obviously incorrect. No eligible voter may be prevented from voting unless the voter's
138.27registration application is deficient or the voter is duly and successfully challenged in
138.28accordance with section201.195 or
204C.12 .
138.29 A voter registration application accepted prior to August 1, 1983, is not deficient
138.30for lack of date of birth. The county or municipality may attempt to obtain the date of
138.31birth for a voter registration application accepted prior to August 1, 1983, by a request to
138.32the voter at any time except at the polling place. Failure by the voter to comply with this
138.33request does not make the registration deficient.
138.34 A voter registration application accepted before January 1, 2004, is not deficient for
138.35lack of a valid Minnesota driver's license or state identification number or the last four
139.1digits of a Social Security number. A voter registration application submitted by a voter
139.2who does not have a Minnesota driver's license or state identification number, or a Social
139.3Security number, is not deficient for lack of any of these numbers.
139.4 Sec. 5. Minnesota Statutes 2006, section 201.071, subdivision 4, is amended to read:
139.5 Subd. 4. Change of registration.Any A county auditor who receives a registration
139.6card application indicating that an individual was previously registered in a different
139.7county in Minnesota shallnotify the county auditor of that county update the voter's
139.8record electronically through the statewide registration system in the manner prescribed
139.9in the rules of by the secretary of state. A county auditor receiving a registration card
139.10indicating that a voter was previously registered in a different precinct in the same county
139.11or receiving a notification as provided in this subdivision shall remove that individual's
139.12voter registration card from the files. Any A county auditor who receives a registration
139.13card application or notification requiring a change of registration records under this
139.14subdivision as a result of an election day registration shall also check the statewide
139.15registration system to determine whether the individual voted in more than one precinct in
139.16the most recent election.
139.17 Sec. 6. Minnesota Statutes 2006, section 201.081, is amended to read:
139.18201.081 REGISTRATION FILES.
139.19 The statewide registration system is the official record of registered voters. The
139.20voter registrationcards applications and the terminal providing access to the statewide
139.21registration system must be under the control of the county auditor or the public official to
139.22whom the county auditor has delegated the responsibility for maintaining voter registration
139.23records. The voter registrationcards applications and terminals providing access to the
139.24statewide registration system must not be removed from the control of the county auditor
139.25except as provided in this subdivision. The county auditor may make photographic copies
139.26of voter registrationcards applications in the manner provided by section
138.17 .
139.27 A properly completed voter registrationcard application that has been submitted to
139.28the secretary of state or a county auditor must be maintained by the secretary of state or
139.29the county auditor for at least 22 months after the date that the information on thecard
139.30application is entered into the database of the statewide registration system. The secretary
139.31of state or the county auditor may dispose of thecards applications after retention for 22
139.32months in the manner provided by section138.17 .
139.33 Sec. 7. Minnesota Statutes 2006, section 201.091, subdivision 1, is amended to read:
140.1 Subdivision 1. Master list. Each county auditor shall prepare and maintain a
140.2current list of registered voters in each precinct in the county which is known as the
140.3master list. The master list must be created by entering each completed voter registration
140.4card application received by the county auditor into the statewide registration system. It
140.5must show the name, residence address, and date of birth of each voter registered in
140.6the precinct. The information contained in the master list may only be made available
140.7to public officials for purposes related to election administration, jury selection, and in
140.8response to a law enforcement inquiry concerning a violation of or failure to comply with
140.9any criminal statute or state or local tax statute.
140.10 Sec. 8. Minnesota Statutes 2006, section 201.091, subdivision 8, is amended to read:
140.11 Subd. 8. Registration places. Each county auditor shall designate a number of
140.12public buildings in those political subdivisions of the county where preregistration of
140.13voters is allowed as provided in section201.061, subdivision 1 , where eligible voters may
140.14register to vote. At least one public building must be designated for each 30,000 residents
140.15of the county. At least one telecommunications device for the deaf must be available for
140.16voter registration information in each county seat and in every city of the first, second,
140.17and third class.
140.18 An adequate supply of registrationcards applications and instructions must be
140.19maintained at each designated location, and a designated individual must be available
140.20there to accept registrationcards applications and transmit them to the county auditor.
140.21 A person who, because of disability, needs assistance in order to determine eligibility
140.22or to register must be assisted by a designated individual. Assistance includes but is not
140.23limited to reading the registration form and instructions and filling out the registration
140.24form as directed by the eligible voter.
140.25 Sec. 9. Minnesota Statutes 2006, section 201.27, subdivision 1, is amended to read:
140.26 Subdivision 1. Intentional violation. No officer, deputy, clerk, or other employee
140.27shall intentionally:
140.28 (1) fail to perform or enforce any of the provisions of this chapter except subdivision
140.292;
140.30 (2) remove a registrationcard application or record from its proper place in the
140.31registration files in a manner or for a purpose not authorized by law;
140.32 (3) destroy or make an unauthorized change to a record required to be kept by
140.33this chapter; or
141.1 (4) add a name or names to the voter registration files, records, or cards, except as
141.2authorized by law.
141.3 An individual who violates this subdivision is guilty of a felony.
141.4 Sec. 10. Minnesota Statutes 2006, section 203B.04, subdivision 1, is amended to read:
141.5 Subdivision 1. Application procedures. Except as otherwise allowed by
141.6subdivision 2 or by section 203B.11, subdivision 4, an application for absentee ballots
141.7for any election may be submitted at any time not less than one day before the day of
141.8that election. The county auditor shall prepare absentee ballot application forms in the
141.9format provided by the secretary of state, notwithstanding rules on absentee ballot forms,
141.10and shall furnish them to any person on request. By January 1 of each even-numbered
141.11year, the secretary of state shall make the forms to be used available to auditors through
141.12electronic means. An application submitted pursuant to this subdivision shall be in writing
141.13and shall be submitted to:
141.14 (a) the county auditor of the county where the applicant maintains residence; or
141.15 (b) the municipal clerk of the municipality, or school district if applicable, where
141.16the applicant maintains residence.
141.17 An application shall be approved if it is timely received, signed and dated by the
141.18applicant, contains the applicant's name and residence and mailing addresses, and states
141.19that the applicant is eligible to vote by absentee ballot for one of the reasons specified in
141.20section203B.02 . The application may contain a request for the voter's date of birth, which
141.21must not be made available for public inspection. An application may be submitted to
141.22the county auditor or municipal clerk by an electronic facsimile device. An application
141.23mailed or returned in person to the county auditor or municipal clerk on behalf of a voter
141.24by a person other than the voter must be deposited in the mail or returned in person to
141.25the county auditor or municipal clerk within ten days after it has been dated by the voter
141.26and no later than six days before the election. The absentee ballot applications or a list of
141.27persons applying for an absentee ballot may not be made available for public inspection
141.28until the close of voting on election day.
141.29 An application under this subdivision may contain an application under subdivision
141.305 to automatically receive an absentee ballot application.
141.31 Sec. 11. Minnesota Statutes 2006, section 203B.04, subdivision 4, is amended to read:
141.32 Subd. 4. Registration at time of application. An eligible voter who is not
141.33registered to vote but who is otherwise eligible to vote by absentee ballot may register by
141.34including a completed voter registrationcard application with the absentee ballot. The
142.1individual shall present proof of residence as required by section201.061, subdivision
142.23 , to the individual who witnesses the marking of the absentee ballots. A military voter,
142.3as defined in section203B.01 , may register in this manner if voting pursuant to sections
142.4203B.04
to
203B.15 , or may register pursuant to sections
203B.16 to
203B.27 .
142.5 Sec. 12. Minnesota Statutes 2006, section 203B.05, subdivision 2, is amended to read:
142.6 Subd. 2. City, school district, and town elections. For city, town, and school
142.7district elections not held on the same day as a statewide election,for school district
142.8elections not held on the same day as a statewide election, and for town elections
142.9conducted under the Australian ballot system, applications for absentee ballots shall be
142.10filed with the city, school district, or town clerk and the duties prescribed by this chapter for
142.11the county auditor shall be performed by the city, school district, or town clerk unless the
142.12county auditor agrees to perform those duties on behalf of the city, school district, or town
142.13clerk. The costs incurred to provide absentee ballots and perform the duties prescribed by
142.14this subdivision shall be paid by the city, town, or school district holding the election.
142.15 Notwithstanding any other law, this chapter applies to school district elections held
142.16on the same day as a statewide election or an election for a county or municipality wholly
142.17or partially within the school district.
142.18 Sec. 13. Minnesota Statutes 2006, section 203B.07, subdivision 1, is amended to read:
142.19 Subdivision 1. Delivery of envelopes, directions. The county auditor or the
142.20municipal clerk shall prepare, print, and transmit a return envelope, a ballot envelope, and
142.21a copy of the directions for casting an absentee ballot to each applicant whose application
142.22for absentee ballots is accepted pursuant to section203B.04 . The directions for casting
142.23an absentee ballot shall be printed in at least 14-point bold type with heavy leading and
142.24may be printed on the ballot envelope. When a person requests the directions in Braille
142.25or on cassette tape, the county auditor or municipal clerk shall provide them in the form
142.26requested. The secretary of state shall prepare Braille and cassette copies and make them
142.27available.
142.28 When a voter registrationcard application is sent to the applicant as provided in
142.29section203B.06, subdivision 4 , the directions or registration card application shall include
142.30instructions for registering to vote.
142.31 Sec. 14. Minnesota Statutes 2006, section 203B.08, subdivision 3, is amended to read:
142.32 Subd. 3. Procedures on receipt of ballots. When absentee ballots are returned to a
142.33county auditor or municipal clerk, that official shall stamp or initial and date the return
143.1envelopewith an official seal of the office and place it in a secure location with other
143.2return envelopes received by that office. The county auditor or municipal clerk shall
143.3deliver to the appropriate election judges on election day all ballots received before or
143.4with the last mail delivery by the United States Postal Service on election day. A town
143.5clerk may request the United States Postal Service to deliver absentee ballots to the polling
143.6place on election day instead of to the official address of the town clerk.
143.7 Sec. 15. Minnesota Statutes 2006, section 203B.10, is amended to read:
143.8203B.10 DELIVERY OF ABSENTEE BALLOT APPLICATIONS TO
143.9ELECTION JUDGES.
143.10 (a) On the day before an election:
143.11(a) (1) the county auditor shall deliver to the municipal clerks within that county
143.12the applications for absentee ballots theretofore received and endorsed as provided in
143.13section203B.06, subdivision 5 ; and
143.14(b) (2) the municipal clerks shall deliver the applications received from the county
143.15auditor and the applications for absentee ballots filed with their respective offices and
143.16endorsed as provided in section203B.06, subdivision 5 , to the appropriate election
143.17judges. Applications received on election day pursuant to section203B.04, subdivision
143.182 , shall be promptly delivered to the election judges in the precincts or to the judges of
143.19an absentee ballot board.
143.20 (b) Delivery of the applications to the municipal clerks and election judges in the
143.21precinct is not required if the absentee ballot envelopes have been accepted or rejected
143.22by an absentee ballot board pursuant to section 203B.13.
143.23 Sec. 16. Minnesota Statutes 2006, section 204B.06, subdivision 8, is amended to read:
143.24 Subd. 8. Proof of eligibility. A candidate for judicial office or for the office of
143.25county attorney shall submit with the affidavit of candidacy proof that the candidate is
143.26licensed to practice law in this state. Proof means providing a copy of a current attorney
143.27license.
143.28 A candidate for county sheriff shall submit with the affidavit of candidacy proof of
143.29licensure as a peace officer in this state. Proof means providing a copy of a current Peace
143.30Officer Standards and Training Board license.
143.31 Sec. 17. Minnesota Statutes 2006, section 204B.08, subdivision 3, is amended to read:
143.32 Subd. 3. Number of signatures. The number of signatures required on a
143.33nominating petition shall be as follows:
144.1 (a) for a federal or state office voted on statewideor for United States senator, one
144.2percent of the total number of individuals voting in the state at the last preceding state
144.3general election, or 2,000, whichever is less;
144.4 (b) for a congressional office, five percent of the total number of individuals voting
144.5in the district at the last preceding state general election, or 1,000, whichever is less;
144.6 (c) for a county or legislative office, ten percent of the total number of individuals
144.7voting in the county or legislative district at the last preceding state or county general
144.8election, or 500, whichever is less;
144.9 (d) for a municipal office in a city of the first class, the number specified in section
144.10205.121
; and
144.11 (e) for any other municipal or school district office, ten percent of the total number
144.12of individuals voting in the municipality, ward, school district, or other election district
144.13at the last preceding municipal, or school district if applicable, general election, or 500,
144.14whichever is less.
144.15 Sec. 18. Minnesota Statutes 2006, section 205A.10, subdivision 1, is amended to read:
144.16 Subdivision 1. Materials, ballots. The school district clerk shall prepare and have
144.17printed the necessary election materials, including ballots, for a school district election.
144.18Thename of each candidate for office shall be rotated with the names of the other
144.19candidates for the same office so that the name of each candidate appears substantially
144.20an equal number of times at the top, at the bottom, and at each intermediate place in the
144.21group of candidates for that office names must be arranged on school district ballots in the
144.22manner provided in section 204D.08, subdivision 3, for state elections.
144.23 Sec. 19. Minnesota Statutes 2006, section 205A.11, subdivision 2, is amended to read:
144.24 Subd. 2. Combined polling place. When no other election is being held in two or
144.25more precincts on the day of a school district election, the school board may designate
144.26one or more combined polling places at which the voters in those precincts may vote in
144.27the school district election. In school districts that have organized into separate board
144.28member election districts under section 205A.12, a combined polling place for a school
144.29general election must be arranged so that it does not include more than one board member
144.30election district.
144.31 Sec. 20. Minnesota Statutes 2006, section 206.82, subdivision 2, is amended to read:
144.32 Subd. 2. Plan.(a) Subject to paragraph (b), The municipal clerk in a municipality
144.33where an electronic voting system is used and the county auditor of a county in which an
145.1electronic voting system is used in more than one municipality and the county auditor of
145.2a county in which a counting center serving more than one municipality is located shall
145.3prepare a plan which indicates acquisition of sufficient facilities, computer time, and
145.4professional services and which describes the proposed manner of complying with section
145.5206.80
. The plan must be signed, notarized, and submitted to the secretary of state more
145.6than 60 days before the first election at which the municipality uses an electronic voting
145.7system. Prior to July 1 of each subsequent general election year, the clerk or auditor
145.8shall submit to the secretary of state notification of any changes to the plan on file with
145.9the secretary of state. The secretary of state shall review each plan for its sufficiency and
145.10may request technical assistance from the Department of Administration or other agency
145.11which may be operating as the central computer authority. The secretary of state shall
145.12notify each reporting authority of the sufficiency or insufficiency of its plan within 20 days
145.13of receipt of the plan. The attorney general, upon request of the secretary of state, may
145.14seek a district court order requiring an election official to fulfill duties imposed by this
145.15subdivision or by rules promulgated pursuant to this section.
145.16(b) Systems implemented by counties and municipalities in calendar year 2006 are
145.17exempt from paragraph (a) and section
206.58, subdivision 4, if:
145.18(1) the municipality has fewer than 10,000 residents; and
145.19(2) a valid county plan was filed by the county auditor of the county in which the
145.20municipality is located.
145.21 Sec. 21. Laws 2004, chapter 293, article 1, section 37, subdivision 2, is amended to
145.22read:
145.23 Subd. 2. Social security number. A voter must not be included on the list of voters
145.24prepared under Minnesota Statutes, section201.121, subdivision 1 , whose registration is
145.25incomplete because of a failure to match the last four digits of the voter's Social Security
145.26number until the commissioner of public safety has:
145.27 (1) entered into an agreement with the commissioner of the Social Security
145.28Administration under Minnesota Statutes, section201.1615 , regarding the use of the last
145.29four digits of a Social Security number to verify voter registration information;
145.30(2) assembled a complete and current database of the last four digits of the Social
145.31Security number of each resident of this state as maintained by the Social Security
145.32Administration; and
145.33(3) (2) certified, along with the secretary of state, that the voter registration system
145.34has been tested and shown to properly verify the last four digits of a voter's Social
145.35Security number.
1.3and administrative expenses of state government; regulating state and local
1.4government operations; establishing the Minnesota Office on Ethnic Heritage
1.5and New Americans and the Minnesota Legislative Commission on Terrorism
1.6and Disaster Preparedness; creating the position of poet laureate; providing a
1.7grant process and grant management; defining domestic partner; ratifying labor
1.8agreements and compensation plans; establishing a state employees electronic
1.9health records pilot project; providing for continuing appropriations in certain
1.10circumstances; providing compensation for a period of partial government
1.11shutdown; creating a trust for postemployment benefits; regulating elections and
1.12voter registration; establishing a gratuity payment for certain Teacher Retirement
1.13Association members; authorizing rulemaking;amending Minnesota Statutes
1.142006, sections 3.85, subdivision 3; 3.9741, subdivision 1; 5.12, subdivision
1.151; 6.47; 6.51; 6.54; 6.55; 6.551; 6.57; 6.59; 6.60; 6.62, subdivision 2; 6.63;
1.166.64; 6.65; 6.66; 6.67; 6.68; 6.70; 6.71; 6.715, by adding a subdivision; 13.605,
1.17subdivision 1; 15B.17, subdivision 1; 16A.103, subdivision 1e; 16A.11, by
1.18adding a subdivision; 16A.1286, subdivision 2; 16B.35, subdivision 1; 16C.02,
1.19subdivisions 4, 12, 14, by adding subdivisions; 16C.03, subdivisions 2, 3, 4, 8,
1.2016, by adding subdivisions; 16C.05, subdivisions 1, 2; 16C.08, subdivisions
1.212, 4, by adding subdivisions; 16C.10, subdivision 7; 16C.16, subdivision 5;
1.2216C.26; 16C.27, subdivision 1; 16C.28; 37.06; 43A.02, by adding a subdivision;
1.2343A.24, subdivision 1; 43A.49; 103C.305, subdivision 3; 103D.355; 103D.811,
1.24subdivision 3; 103E.505, subdivision 5; 116A.13, subdivision 5; 123B.52,
1.25subdivision 1, by adding a subdivision; 160.17, by adding a subdivision;
1.26160.262, by adding a subdivision; 161.1419, subdivision 8; 161.32, by adding a
1.27subdivision; 161.3412, subdivision 1; 161.38, subdivision 4; 181.9413; 200.02,
1.28subdivisions 7, 23; 201.016, subdivision 1a; 201.054, subdivision 1; 201.056;
1.29201.061, subdivisions 1, 3, 4, by adding a subdivision; 201.071, subdivisions
1.301, 3, 4; 201.081; 201.091, subdivisions 1, 8, 9, by adding a subdivision;
1.31201.12; 201.13, subdivision 3; 201.161; 201.171; 201.27, subdivision 1;
1.32203B.02, subdivision 1; 203B.04, subdivisions 1, 4, 6; 203B.05, subdivision 2;
1.33203B.06, subdivision 3; 203B.07, subdivisions 1, 2; 203B.08, subdivision 3;
1.34203B.081; 203B.10; 203B.11, subdivision 4; 203B.12, subdivision 4; 203B.13,
1.35subdivisions 1, 2; 203B.16, subdivision 2; 203B.17, subdivision 2; 203B.21,
1.36subdivisions 2, 3; 203B.22; 203B.24, subdivision 1; 204B.06, subdivisions 1, 8;
1.37204B.08, subdivision 3; 204B.09, subdivisions 1, 1a, 3; 204B.11, subdivision
1.382; 204B.16, subdivision 1; 204B.21, subdivision 2, by adding a subdivision;
1.39204B.45, subdivision 2; 204C.06, subdivision 1; 204C.07, subdivision 3a, by
2.1adding a subdivision; 205.10, by adding a subdivision; 205.13, by adding
2.2a subdivision; 205.16, subdivisions 3, 4; 205A.05, by adding a subdivision;
2.3205A.07, subdivisions 3, 3a; 205A.10, subdivisions 1, 2; 205A.11, subdivision 2;
2.4206.57, subdivision 5; 206.82, subdivision 2; 206.89, subdivisions 1, 5; 211A.02,
2.5subdivision 2; 211A.05, subdivision 1; 302A.821, subdivision 4; 308A.995,
2.6subdivision 4; 308B.121, subdivision 4; 308B.215, subdivision 2; 317A.823,
2.7subdivision 1; 321.0206; 325L.03; 336.1-110; 336.9-516; 336.9-525; 356.219,
2.8subdivision 1; 358.41; 358.42; 358.50; 359.085, subdivisions 2, 3; 365.37, by
2.9adding a subdivision; 374.13; 375.101, subdivision 1, by adding a subdivision;
2.10375.21, by adding a subdivision; 383C.094, by adding a subdivision; 410.12,
2.11subdivision 1; 412.311; 429.041, by adding a subdivision; 447.32, subdivision 4;
2.12458D.21, by adding a subdivision; 469.015, by adding a subdivision; 469.068,
2.13subdivision 1, by adding a subdivision; 471.345, subdivision 5, by adding
2.14subdivisions; 471.61, subdivision 1a; 473.246; 473.523, by adding a subdivision;
2.15473.756, subdivision 12; 477A.014, subdivision 4; 491A.02, subdivision 4;
2.16507.24, subdivision 2; Laws 2004, chapter 293, article 1, section 37, subdivision
2.172; Laws 2006, chapter 253, section 22, subdivision 1; proposing coding for new
2.18law in Minnesota Statutes, chapters 3; 4; 5; 6; 8; 11A; 12; 13; 15B; 16A; 16B;
2.1916C; 16E; 43A; 161; 203B; 204B; 308B; 321; 349A; 471; repealing Minnesota
2.20Statutes 2006, sections 3.884; 3.8841; 6.56, subdivision 1; 16A.102; 16C.055,
2.21subdivision 1; 16C.08, subdivision 4a; 69.051, subdivision 1c; 200.04; 201.061,
2.22subdivision 7; 201.096; 203B.02, subdivision 1a; 203B.04, subdivision 5;
2.23203B.13, subdivision 3a; 359.085, subdivision 8; 645.44, subdivision 19.
2.24BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
| 2.27 |
Section 1. STATE GOVERNMENT APPROPRIATIONS. |
||||||
2.29agencies and for the purposes specified in this article. The appropriations are from the
2.30general fund, or another named fund, and are available for the fiscal years indicated
2.31for each purpose. The figures "2008" and "2009" used in this article mean that the
2.32appropriations listed under them are available for the fiscal year ending June 30, 2008, or
2.33June 30, 2009, respectively. "The first year" is fiscal year 2008. "The second year" is fiscal
2.34year 2009. "The biennium" is fiscal years 2008 and 2009.
| 2.35 |
APPROPRIATIONS |
||||||
| 2.36 |
Available for the Year |
||||||
| 2.37 |
Ending June 30 |
||||||
| 2.38 |
2008 |
2009 |
|||||
| 2.39 |
Sec. 2. LEGISLATURE |
||||||
| 2.40 |
Subdivision 1.Total Appropriation |
$ |
68,671,000 |
$ |
69,043,000 |
||
| 2.41 |
Appropriations by Fund |
||
| 2.42 |
2008 |
2009 |
|
| 2.43 |
General |
68,493,000 |
68,865,000 |
| 2.44 |
Health Care Access |
178,000 |
178,000 |
3.2purpose are specified in the following
3.3subdivisions.
| 3.4 |
Subd. 2.Senate |
22,158,000 |
21,677,000 |
||||
| 3.5 |
Subd. 3.House of Representatives |
30,586,000 |
31,746,000 |
||||
3.7any revenues received by the house of
3.8representatives from sponsorship notices in
3.9broadcast or print media are appropriated to
3.10the house of representatives.
| 3.11 |
Subd. 4.Legislative Coordinating Commission |
15,927,000 |
15,620,000 |
||||
| 3.12 |
Appropriations by Fund |
||
| 3.13 |
General |
15,749,000 |
15,442,000 |
| 3.14 |
Health Care Access |
178,000 |
178,000 |
3.16second year are for public information
3.17television, Internet, Intranet, and other
3.18transmission of legislative activities. At
3.19least one-half of those amounts must go for
3.20programming to be broadcast and transmitted
3.21to rural Minnesota.
3.22$5,624,000 the first year and $5,469,000 the
3.23second year are for the Office of the Revisor
3.24of Statutes.
3.25$1,257,000 the first year and $1,254,000 the
3.26second year are for the Legislative Reference
3.27Library.
3.28$5,594,000 the first year and $5,595,000
3.29the second year are for the Office of the
3.30Legislative Auditor.
3.31All legislative offices should, whenever
3.32possible, implement information technology
3.33systems that are compatible and work
3.34seamlessly across the legislature. Wherever
4.1possible, single systems should be
4.2implemented to avoid unnecessary
4.3duplication and inefficiency. The directors
4.4of information technology for the senate,
4.5house of representatives, and the Legislative
4.6Coordinating Commission must submit
4.7a written report describing their efforts
4.8to collaborate on implementing shared
4.9information technology systems. The report
4.10must be submitted to the chairs of the house
4.11of representatives and senate committees
4.12with jurisdiction over rules and to the
4.13Legislative Coordinating Commission on
4.14January 15, 2008, and January 15, 2009.
| 4.15 4.16 |
Sec. 3. GOVERNOR AND LIEUTENANT GOVERNOR |
$ |
3,647,000 |
$ |
3,712,000 |
||
4.18the Governor and Lieutenant Governor.
4.19$19,000 the first year and $19,000 the
4.20second year are for necessary expenses in
4.21the normal performance of the governor's
4.22and lieutenant governor's duties for which no
4.23other reimbursement is provided.
4.24(b) By September 1 of each year, the
4.25commissioner of finance shall report to
4.26the chairs of the senate Governmental
4.27Operations Budget Division and the house
4.28State Government Finance Division any
4.29personnel costs incurred by the Office of
4.30the Governor and Lieutenant Governor that
4.31were supported by appropriations to other
4.32agencies during the previous fiscal year.
4.33The Office of the Governor shall inform the
4.34chairs of the divisions before initiating any
4.35interagency agreements.
| 5.1 |
Sec. 4. STATE AUDITOR |
$ |
9,234,000 |
$ |
9,220,000 |
||
| 5.2 |
Sec. 5. ATTORNEY GENERAL |
$ |
26,628,000 |
$ |
26,633,000 |
||
| 5.10 |
Sec. 6. SECRETARY OF STATE |
$ |
9,677,000 |
$ |
6,747,000 |
||
| 5.11 |
Appropriations by Fund |
||
| 5.12 |
2008 |
2009 |
|
| 5.13 |
General |
6,833,000 |
6,747,000 |
| 5.14 5.15 |
State Government Special Revenue |
2,844,000 |
|
5.17transferred to the Help America Vote Act
5.18account and is designated as a portion of the
5.19match required by section 253(b)(5) of the
5.20Help America Vote Act.
5.21$2,844,000 the first year is appropriated from
5.22the Help America Vote Act account for the
5.23purposes and uses authorized by federal law.
5.24This appropriation is available until June 30,
5.252009.
5.26Notwithstanding Laws 2005, chapter 162,
5.27section 34, subdivision 7, any balance
5.28remaining in the Help America Vote Act
5.29account after previous appropriations and the
5.30appropriations in this section is appropriated
5.31to the secretary of state for the purposes of
5.32the account. This appropriation is available
5.33until June 30, 2011.
5.34$250,000 the first year is for a grant to Kids
5.35Voting Minnesota, to educate children about
6.1voting and the democratic process. This
6.2appropriation is available until spent.
| 6.3 6.4 |
Sec. 7. CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD |
$ |
708,000 |
$ |
722,000 |
||
| 6.5 |
Sec. 8. INVESTMENT BOARD |
$ |
151,000 |
$ |
151,000 |
||
| 6.6 6.7 |
Sec. 9. OFFICE OF ENTERPRISE TECHNOLOGY |
$ |
17,969,000 |
$ |
5,287,000 |
||
6.9phase of an electronic licensing system.
6.10This is a onetime appropriation. This
6.11appropriation carries forward to the second
6.12year.
6.13(b) $10,000,000 the first year is for
6.14information technology security.
6.15(c) $500,000 the first year and $500,000 the
6.16second year are for oversight and analysis of
6.17state technology investments.
6.18(d) $1,456,000 the first year and $1,000,000
6.19the second year are for small agency
6.20technology infrastructure. During the first
6.21biennium, these amounts are intended to
6.22include hardware and software improvements
6.23for the Asian-Pacific Council, the Capitol
6.24Area Architectural and Planning Board,
6.25the Minnesota Library for the Blind,
6.26the Minnesota State Academies, and
6.27the Ombudsman for Mental Health and
6.28Developmental Disabilities. Ongoing
6.29funding for improvements made during fiscal
6.30years 2008 and 2009 may be added to the
6.31base funding for those agencies in fiscal
6.32years 2010 and 2011.
7.1(e) $68,000 is for an electronic documents
7.2study and report.
7.3(f) $200,000 is for grants to be distributed to
7.4the counties participating in the development
7.5of the integrated financial system for
7.6enhancements to the system. Enhancements
7.7include:
7.8(1) systems to improve the tracking and
7.9reporting of state and federal grants;
7.10(2) electronic payments to vendors;
7.11(3) electronic posting of state payments to
7.12the financial system;
7.13(4) automating revenue collection and
7.14posting through check conversion, automatic
7.15clearing house transactions, or credit card
7.16processing;
7.17(5) improvements to county budgetary
7.18systems;
7.19(6) storage or linkage of electronic
7.20documents;
7.21(7) improved executive level reporting and
7.22extraction of data; and
7.23(8) improved information and reporting for
7.24audits.
7.25The grant funds shall be distributed on a pro
7.26rata basis to each of the counties participating
7.27in the development of the integrated financial
7.28system. The Minnesota Counties Computer
7.29Cooperative, acting as a fiscal agent for
7.30the participating counties, shall receive the
7.31grant money for the counties. The grants
7.32will only be distributed after $600,000 is
7.33expended or provided from other sources.
7.34The chief information officer may require
8.1a report or such other information as the
8.2chief information officer deems appropriate
8.3to verify that the requirements of this
8.4section have been met. This appropriation
8.5is available until June 30, 2011, and cancels
8.6on that date.
| 8.7 |
Sec. 10. ADMINISTRATIVE HEARINGS |
$ |
8,087,000 |
$ |
7,801,000 |
||
| 8.8 |
Appropriations by Fund |
||
| 8.9 |
2008 |
2009 |
|
| 8.10 |
General |
281,000 |
285,000 |
| 8.11 8.12 |
Workers' Compensation |
7,806,000 |
7,516,000 |
8.14compensation judges, to be located in Duluth.
| 8.15 |
Sec. 11. ADMINISTRATION |
||||||
| 8.16 |
Subdivision 1. Total Appropriation |
$ |
27,990,000 |
$ |
23,385,000 |
||
8.18purpose are specified in the following
8.19subdivisions.
| 8.20 |
Subd. 2.State Facilities Services |
14,746,000 |
11,458,000 |
||||
8.22the second year are for office space costs of
8.23the legislature and veterans organizations,
8.24for ceremonial space, and for statutorily free
8.25space.
8.26(b) $2,500,000 the first year is to purchase
8.27and implement a Web-enabled, shared
8.28computer system to facilitate the state's real
8.29property portfolio management.
8.30(c) $250,000 the first year and $250,000 the
8.31second year are for the energy conservation
8.32recommissioning activities in state buildings.
| 8.33 |
Subd. 3.State and Community Services |
3,420,000 |
3,583,000 |
||||
9.2second year are to fund activities to prepare
9.3for and promote the 2010 census. Base
9.4funding for this activity is $260,000 in fiscal
9.5year 2010 and $180,000 in fiscal year 2011.
9.6(b) $1,100,000 the first year and $1,100,000
9.7the second year are for the Land Management
9.8Information Center.
9.9(c) $196,000 the first year and $196,000 the
9.10second year are for the Office of the State
9.11Archaeologist.
| 9.12 |
Subd. 4.Administrative Management Services |
6,121,000 |
5,241,000 |
||||
9.14Office of Grants Management to standardize
9.15state grants management policies and
9.16procedures. For the fiscal year beginning
9.17July 1, 2008, the commissioner must deduct
9.18from state grants subject to nongovernmental
9.19entities up to $125,000, as necessary to
9.20fund the commissioner's duties under
9.21new Minnesota Statutes, sections 16B.97
9.22and 16B.98. The amount deducted from
9.23appropriations for these grants is transferred
9.24to the commissioner for purposes of
9.25administering those sections.
9.26(b) $285,000 the first year is to fund a pilot
9.27project to reduce state expenditures on
9.28professional/technical contracts.
9.29(c) $250,000 the first year and $250,000
9.30the second year are to establish a small
9.31agency resource team to consolidate and
9.32streamline the human resources and financial
9.33management activities for small state
9.34agencies, boards, and councils.
10.1(d) $425,000 the first year is a onetime
10.2appropriation for a targeted group business
10.3disparity study. The commissioner must
10.4cooperate with units of local government
10.5conducting similar studies.
10.6(e) $74,000 the first year and $74,000
10.7the second year are for the Council on
10.8Developmental Disabilities.
10.9(f) $53,000 the first year and $36,000 the
10.10second year are for the genetic information
10.11work group and report.
10.12(g) $250,000 in fiscal year 2008 and
10.13$250,000 in fiscal year 2009 are for a grant
10.14to the Council on Developmental Disabilities
10.15for the purpose of establishing a statewide
10.16self-advocacy network for persons with
10.17intellectual and developmental disabilities
10.18(ID/DD). The self-advocacy network shall:
10.19(1) ensure that persons with ID/DD are
10.20informed of their rights in employment,
10.21housing, transportation, voting, government
10.22policy, and other issues pertinent to the
10.23ID/DD community;
10.24(2) provide public education and awareness
10.25of the civil and human rights issues persons
10.26with ID/DD face;
10.27(3) provide funds, technical assistance, and
10.28other resources for self-advocacy groups
10.29across the state; and
10.30(4) organize systems of communications
10.31to facilitate an exchange of information
10.32between self-advocacy groups.
11.1This appropriation is in addition to any other
11.2appropriations and must be added to the base
11.3appropriation beginning in fiscal year 2010.
11.4(h) $75,000 is for purposes of promotion
11.5of document imaging work in government
11.6agencies to be done by persons with
11.7developmental disabilities.
| 11.8 |
Subd. 5.Fiscal Agent |
600,000 |
|||||
11.10sustainable growth working group.
11.11(b) $500,000 is for a grant to Washington
11.12County for capital improvements detailed in
11.13the approved planned unit development for
11.14the Disabled Veteran's Rest Camp to provide
11.15increased capacity, amenities, access, and
11.16safety for Minnesota veterans.
| 11.17 |
Subd. 6.Public broadcasting |
$ |
3,103,000 |
$ |
3,103,000 |
||
11.19the second year are for matching grants
11.20for public television. The base budget for
11.21matching grants shall be $1,161,000 in fiscal
11.22year 2010 and $1,161,000 in fiscal year 2011.
11.23(b) $398,000 the first year and $398,000
11.24the second year are for public television
11.25equipment grants. Equipment or matching
11.26grant allocations shall be made after
11.27considering the recommendations of the
11.28Minnesota Public Television Association.
11.29The base budget for public television
11.30equipment grants shall be $200,000 in fiscal
11.31year 2010 and $200,000 in fiscal year 2011.
11.32(c) $17,000 the first year and $17,000 the
11.33second year are for grants to the Twin Cities
11.34regional cable channel.
12.1(d) $350,000 in fiscal year 2008 and $350,000
12.2in fiscal year 2009 are for community service
12.3grants to public educational radio stations.
12.4The base budget for the community service
12.5grants shall be $287,000 in fiscal year 2010
12.6and $287,000 in fiscal year 2011.
12.7(e) $250,000 in fiscal year 2008 and $250,000
12.8in fiscal year 2009 are for equipment grants
12.9to public educational radio stations. The
12.10general fund base funding for equipment
12.11grants is increased by $125,000 each year in
12.12the fiscal 2010-2011 biennium.
12.13(f) The grants in paragraphs (d) and (e)
12.14must be allocated after considering the
12.15recommendations of the Association of
12.16Minnesota Public Educational Radio Stations
12.17under Minnesota Statutes, section 129D.14.
12.18(g) $475,000 the first year and $475,000
12.19the second year are for equipment grants to
12.20Minnesota Public Radio, Inc. The budget
12.21base for the Minnesota Public Radio, Inc.
12.22equipment grants shall be $190,000 in fiscal
12.23year 2010 and $190,000 in fiscal year 2011.
12.24(h) Any unencumbered balance remaining
12.25the first year for grants to public television or
12.26radio stations does not cancel and is available
12.27for the second year.
| 12.28 12.29 12.30 |
Sec. 12. CAPITOL AREA ARCHITECTURAL AND PLANNING BOARD |
$ |
428,000 |
$ |
372,000 |
||
12.32decennial expenses related to the board's
12.33duties under Minnesota Statutes, section
12.34473.864, subdivisions 1 and 2. Money
12.35appropriated in fiscal year 2008 is available
13.1until June 30, 2009. This is a onetime
13.2appropriation.
| 13.3 |
Sec. 13. FINANCE |
||||||
| 13.4 |
Subdivision 1. Total Appropriation |
$ |
22,382,000 |
$ |
15,331,000 |
||
13.6purpose are specified in the following
13.7subdivisions.
| 13.8 |
Subd. 2.State Financial Management |
8,912,000 |
8,752,000 |
||||
13.10share of the cost of bankruptcy counsel
13.11representing joint interests of the state and
13.12the city of Duluth in the Northwest Airlines
13.13bankruptcy. This is a onetime appropriation.
13.14(b) Notwithstanding the provisions of
13.15Minnesota Statutes, section 16A.1522,
13.16subdivision 4, the commissioner of finance
13.17shall designate any positive general fund
13.18budgetary balance on June 30, 2007, as an
13.19unrestricted balance. Money so designated
13.20shall remain available for general fund
13.21appropriations authorized in fiscal years
13.222008 and 2009.
| 13.23 13.24 |
Subd. 3.Information and Management Services |
13,470,000 |
6,579,000 |
||||
13.26the Minnesota Accounting and Procurement
13.27System (MAPS). $6,500,000 is to implement
13.28remediation strategies as necessary to avoid
13.29a systemic failure. $500,000 of the first year
13.30total is for planning for the system's eventual
13.31replacement.
| 13.32 |
Sec. 14. EMPLOYEE RELATIONS |
$ |
6,385,000 |
$ |
5,947,000 |
||
14.2Health Care Purchasing Improvement.
14.3(b) $186,000 the first year and $203,000 the
14.4second year are for transfer to state agencies
14.5for additional expenses incurred as a result
14.6of expanded use of sick leave authorized by
14.7this act.
14.8(c) $350,000 the first year is to support the
14.9use of an electronic portfolio system to
14.10provide personal health records for MnSCU
14.11employees and other participants in the state
14.12employee group insurance program. Of
14.13this amount, $50,000 is for transfer to the
14.14University of Minnesota Health Informatics
14.15Division to evaluate the use and impact of
14.16personal health records on these employees.
14.17This appropriation is available until June 30,
14.182009.
| 14.19 |
Sec. 15. REVENUE |
||||||
| 14.20 |
Subdivision 1.Total Appropriation |
$ |
128,562,000 |
$ |
121,466,000 |
||
14.29purpose are specified in subdivisions 2 and 3.
| 14.30 |
Subd. 2.Tax System Management |
108,401,000 |
99,616,000 |
||||
15.2the second year are for additional activities
15.3to identify and collect tax liabilities from
15.4individuals and businesses that currently
15.5do not pay all taxes owed. This initiative
15.6is expected to result in new general fund
15.7revenues of $42,400,000 for the biennium
15.8ending June 30, 2009.
15.9(b) The department must report to the chairs
15.10of the house of representatives Ways and
15.11Means and senate Finance Committees by
15.12March 1, 2008, and January 15, 2009, on the
15.13following performance indicators:
15.14(1) the number of corporations noncompliant
15.15with the corporate tax system each year and
15.16the percentage and dollar amounts of valid
15.17tax liabilities collected;
15.18(2) the number of businesses noncompliant
15.19with the sales and use tax system and the
15.20percentage and dollar amount of the valid tax
15.21liabilities collected; and
15.22(3) the number of individual noncompliant
15.23cases resolved and the percentage and dollar
15.24amounts of valid tax liabilities collected.
15.25(c) The reports must also identify base-level
15.26expenditures and staff positions related to
15.27compliance and audit activities, including
15.28baseline information as of January 1, 2006.
15.29The information must be provided at the
15.30budget activity level.
15.31(d) $12,000,000 the first year is for the
15.32purchase and development of an integrated
15.33tax software package.
16.1(e) $75,000 the first year and $75,000 the
16.2second year are for grants to one or more
16.3nonprofit organizations, qualifying under
16.4section 501(c)(3) of the Internal Revenue
16.5Code of 1986, to coordinate, facilitate,
16.6encourage, and aid in the provision of
16.7taxpayer assistance services. For purposes
16.8of this paragraph, "taxpayer assistance
16.9services" means accounting and tax
16.10preparation services provided by volunteers
16.11to low-income and disadvantaged Minnesota
16.12residents to help them file federal and
16.13state income tax returns and Minnesota
16.14property tax refund claims and may include
16.15providing personal representation before
16.16the Department of Revenue and Internal
16.17Revenue Service.
| 16.18 |
Subd. 3.Accounts Receivable Management |
20,161,000 |
21,850,000 |
||||
16.20the second year are for additional activities
16.21to identify and collect tax liabilities from
16.22individuals and businesses that currently do
16.23not pay all taxes owed. This initiative is
16.24expected to result in new general revenues of
16.25$60,000,000 for the biennium ending June
16.2630, 2009.
| 16.27 |
Sec. 16. GAMBLING CONTROL |
$ |
2,846,000 |
$ |
2,893,000 |
||
16.29gambling regulation account in the special
16.30revenue fund.
| 16.31 |
Sec. 17. RACING COMMISSION |
$ |
1,130,000 |
$ |
899,000 |
||
17.2regulation accounts in the special revenue
17.3fund.
17.4(b) $295,000 the first year and $64,000 the
17.5second year and thereafter are for information
17.6technology improvements implemented in
17.7consultation with the Office of Enterprise
17.8Technology as part of the small agency
17.9technology initiative.
| 17.10 |
Sec. 18. STATE LOTTERY |
||||||
17.12
17.13must not exceed $27,378,000 in fiscal year
17.142008 and $28,141,000 in fiscal year 2009.
| 17.15 |
Sec. 19. TORT CLAIMS |
$ |
161,000 |
$ |
161,000 |
||
17.17If the appropriation for either year is
17.18insufficient, the appropriation for the other
17.19year is available for it.
| 17.20 17.21 |
Sec. 20. MINNESOTA STATE RETIREMENT SYSTEM |
$ |
1,608,000 |
$ |
1,649,000 |
||
17.23each program are as follows:
| 17.24 |
(1) Legislators |
1,170,000 |
1,200,000 |
||||
17.26subdivision 2, 3A.04, subdivisions 3 and 4;
17.27and 3A.115.
| 17.28 |
(2) Constitutional Officers |
438,000 |
449,000 |
||||
17.30352C.031, subdivision 5;
17.31subdivision 3; and
18.1(b) If an appropriation in this section for
18.2either year is insufficient, the appropriation
18.3for the other year is available for it.
| 18.4 18.5 |
Sec. 21. MINNEAPOLIS EMPLOYEES RETIREMENT FUND |
$ |
9,000,000 |
$ |
9,000,000 |
||
18.7Minnesota Statutes, section 422A.101,
18.8subdivision 3.
| 18.9 18.10 |
Sec. 22. TEACHERS RETIREMENT ASSOCIATION |
$ |
15,800,000 |
$ |
15,800,000 |
||
18.12follows:
| 18.13 18.14 18.15 |
(a) Special direct state aid authorized under Minnesota Statutes, section 354A.12, subdivisions 3a and 3c. |
13,300,000 |
13,300,000 |
||||
| 18.16 18.17 18.18 |
(b) Special direct state matching aid authorized under Minnesota Statutes, section 354A.12, subdivision 3b. |
2,500,000 |
2,500,000 |
||||
| 18.19 18.20 |
Sec. 23. ST. PAUL TEACHERS RETIREMENT FUND |
$ |
2,967,000 |
$ |
2,967,000 |
||
18.22special direct state aid to first class city
18.23teachers retirement funds authorized under
18.24Minnesota Statutes, section
18.25subdivisions 3a and 3c.
| 18.26 |
Sec. 24. AMATEUR SPORTS COMMISSION |
$ |
371,000 |
$ |
376,000 |
||
18.28used for an additional event development
18.29position. This is a onetime appropriation.
18.30The base budget for the Amateur Sports
18.31Commission shall be $215,000 in fiscal year
18.322010 and $215,000 in fiscal year 2011.
18.33The amount available for appropriation to
18.34the commission under Laws 2005, chapter
19.1156, article 2, section 43, is reduced in the
19.2first year and the second year by the amounts
19.3appropriated in this section.
| 19.4 19.5 |
Sec. 25. COUNCIL ON BLACK MINNESOTANS |
$ |
322,000 |
$ |
328,000 |
||
19.7year are for expenses related to the state's
19.8annual Martin Luther King, Jr. holiday
19.9celebration.
| 19.10 19.11 |
Sec. 26. COUNCIL ON CHICANO/LATINO AFFAIRS |
$ |
306,000 |
$ |
310,000 |
||
| 19.12 19.13 |
Sec. 27. COUNCIL ON ASIAN-PACIFIC MINNESOTANS |
$ |
287,000 |
$ |
285,000 |
||
| 19.14 |
Sec. 28. INDIAN AFFAIRS COUNCIL |
$ |
661,000 |
$ |
487,000 |
||
19.16of an Indian burial site in Becker County. The
19.17Indian Affairs Council shall solicit donations
19.18from federal, state, nonprofit, private, and
19.19tribal sources for this purpose. This is a
19.20onetime appropriation and is available for
19.21expenditure until June 30, 2009.
19.22$100,000 in the first year is for transfer to the
19.23director of the Minnesota Office of Higher
19.24Education for a grant for the Dakota/Ojibwe
19.25Language Revitalization Project to expand
19.26an existing pilot project to promote activities
19.27and programs that are specific to promoting
19.28revitalization of indigenous language for
19.29American Indian children who do not live
19.30on an Indian reservation. The pilot project
19.31shall focus on developing programs that
19.32meet the language needs of children in
20.1prekindergarten through grade 12. This is a
20.2onetime appropriation.
| 20.3 20.4 |
Sec. 29. GENERAL CONTINGENT ACCOUNTS |
$ |
1,000,000 |
$ |
500,000 |
||
| 20.5 |
Appropriations by Fund |
||
| 20.6 |
2008 |
2009 |
|
| 20.7 |
General |
500,000 |
-0- |
| 20.8 20.9 |
State Government Special Revenue |
400,000 |
400,000 |
| 20.10 20.11 |
Workers' Compensation |
100,000 |
100,000 |
20.13may only be spent with the approval of
20.14the governor after consultation with the
20.15Legislative Advisory Commission pursuant
20.16to Minnesota Statutes, section 3.30.
20.17(b) If an appropriation in this section for
20.18either year is insufficient, the appropriation
20.19for the other year is available for it.
20.20(c) If a contingent account appropriation
20.21is made in one fiscal year, it should be
20.22considered a biennial appropriation.
20.23 Sec. 30. MANAGERIAL POSITION REDUCTIONS.
20.24 The governor must reduce the number of deputy commissioners, assistant
20.25commissioners, and positions designated as unclassified under authority of Minnesota
20.26Statutes, section 43A.08, subdivision 1a, by an amount that will generate savings to the
20.27general fund of $775,000 in the biennium ending June 30, 2009, and $7,600,000 in the
20.28biennium ending June 30, 2011.
20.31 Section 1. [3.052] SCHEDULE FOR CONSIDERATION OF LEGISLATION.
20.32 Subdivision 1. Agency bills. An executive department or agency intending to urge
20.33the legislature to adopt a bill shall deliver the bill to the revisor of statutes by November
20.341 before the regular session at which adoption will be urged. This deadline does not
21.1apply: (1) to bills necessary to implement the governor's budget proposals; (2) to other
21.2bills that are policy initiatives of the governor, as opposed to administrative initiatives of a
21.3department or agency; or (3) as otherwise provided in section 3C.035.
21.4 Subd. 2. State of the state. The governor is encouraged to submit a state of the state
21.5address in January of each odd-numbered year and within the first ten days after the start
21.6of the legislative session in an even-numbered year. Before or during this address, the
21.7governor is encouraged to announce major legislative policy initiatives that the governor
21.8intends to promote that year.
21.9 Subd. 3. Executive submission of budget bills. The governor must submit bills
21.10necessary to implement the governor's operating budget to the legislature within two
21.11weeks after the date specified in section 16A.11 for the governor to submit the detailed
21.12operating budget to the legislature. The bills must be provided to the speaker of the house
21.13of representatives and the majority leader of the senate in a manner ready for formal
21.14introduction and final consideration.
21.15 Sec. 2. [3.181] PRINTED MATERIALS.
21.16 If paper copies of legislative bills and amendments are printed, they must be printed
21.17on paper that measures 8-1/2 inches by 11 inches.
21.18EFFECTIVE DATE.This section is effective January 1, 2009.
21.19 Sec. 3. [3.3051] PUBLIC INFORMATION.
21.20 The Legislative Coordinating Commission must establish a joint legislative public
21.21information office.
21.22 The office is the legislative entity responsible for:
21.23 (1) producing legislative directories and rosters, news magazines, and general
21.24educational materials about the legislative process;
21.25 (2) in cooperation with other legislative offices, providing schedules of legislative
21.26meetings;
21.27 (3) producing television coverage of certain legislative proceedings; and
21.28 (4) performing other functions assigned by the Legislative Coordinating
21.29Commission.
21.30 Sec. 4. [3.306] MEETING TIMES.
21.31 The house of representatives and the senate must adopt rules that set one time as the
21.32regular hour of convening daily sessions in both houses.
22.1 Sec. 5. [3.3061] JOINT STANDING COMMITTEES.
22.2 The house of representatives and the senate are encouraged to adopt rules that:
22.3 (1) establish a system of joint standing committees to consider and report on
22.4legislation and conduct other legislative business, except that each house may separately
22.5establish a committee on rules and administration and a committee on ethics; or
22.6 (2) provide that house and senate committees with similar jurisdiction will meet at
22.7the same time to facilitate joint meetings.
22.8 Sec. 6. Minnesota Statutes 2006, section 3.85, subdivision 3, is amended to read:
22.9 Subd. 3. Membership. The commission consists of
22.10senate appointed by the Subcommittee on Committees of the Committee on Rules and
22.11Administration and
22.12speaker. Members shall be appointed at the commencement of each regular session of the
22.13legislature for a two-year term beginning January 16 of the first year of the regular session.
22.14Members continue to serve until their successors are appointed. Vacancies that occur while
22.15the legislature is in session shall be filled like regular appointments. If the legislature is not
22.16in session, senate vacancies shall be filled by the last Subcommittee on Committees of the
22.17senate Committee on Rules and Administration or other appointing authority designated
22.18by the senate rules, and house vacancies shall be filled by the last speaker of the house, or
22.19if the speaker is not available, by the last chair of the house Rules Committee.
22.20 Sec. 7. [3.9228] MINNESOTA OFFICE ON ETHNIC HERITAGE AND NEW
22.21AMERICANS.
22.22 Subdivision 1. Office established. The Minnesota Office of Ethnic Heritage and
22.23New Americans is established to: (1) recognize the state's rich ethnic diversity and the
22.24contributions that immigrants have made to the state's social, economic, and cultural
22.25history; and (2) capitalize on and develop the strengths of the immigrant community in
22.26Minnesota. The commission shall assist state government to foster an understanding and
22.27appreciation of ethnic and cultural diversity in Minnesota, to more effectively identify
22.28the underutilized resources within the immigrant community and to facilitate the full
22.29participation of immigrants in social, cultural, and political life in this state.
22.30 Subd. 2. Membership. The Minnesota Office of Ethnic Heritage and New
22.31Americans consists of 14 members: the Subcommittee on Committees of the Committee
22.32on Rules and Administration of the senate shall appoint two public members and two
22.33senators; and the speaker of the house of representatives shall appoint two public members
23.1and two members of the house of representatives. The governor shall appoint six public
23.2members.
23.3 Appointees must have proven experience and dedication to working with the wide
23.4range of ethnic communities within Minnesota, the immigrant community, and possess
23.5training and experience in business, management, economics, public policy, legal affairs,
23.6and social work. The appointing authorities shall seek to collaborate with each other and
23.7with the councils established in sections 3.9223, 3.9225, and 3.9226 to ensure that the
23.8public membership of the commission is ethnically and geographically diverse and is
23.9reasonably balanced by gender.
23.10 Compensation and the filling of vacancies or appointed members are as provided in
23.11section 15.0575. The appointments required under this subdivision must be completed
23.12no later than September 1, 2007.
23.13 Subd. 3. Organization. As soon as possible after the appointments under
23.14subdivision 2 have been completed, the executive director of the Legislative Coordinating
23.15Commission shall convene the first meeting of the commission. The members of the
23.16commission shall select their chairperson at the first meeting.
23.17 Subd. 4. Assistance. The Legislative Coordinating Commission shall provide the
23.18administrative and clerical support services necessary for the operation of the Minnesota
23.19Office on Ethnic Heritage and New Americans.
23.20 Subd. 5. Duties. The Minnesota Office of Ethnic Heritage and New Americans shall:
23.21 (1) work with community leaders, the legislature, and the executive branch to
23.22develop programs and proposals that will encourage ethnic identity, preserve ethnic
23.23heritage, and promote education of the public about the state's heritage and cultural history;
23.24 (2) make recommendations to the legislature and the governor intended to foster the
23.25understanding and appreciation of cultural diversity in the state;
23.26 (3) maintain association with ethnic, cultural, and minority groups to determine
23.27community needs;
23.28 (4) study and consider opportunities and issues for the immigrant community in
23.29this state, including:
23.30 (i) steps to eliminate underutilization of immigrants in the state's work force;
23.31 (ii) improving the efficient use of existing state programs and services; and
23.32 (iii) other appropriate steps to improve the economic and social condition of
23.33immigrants in this state.
23.34 By December 1, 2008, the commission shall report to the chairs of the legislative
23.35committees and divisions with jurisdiction over issues affecting ethnic heritage and
23.36immigrants. The report must include a discussion of the items listed in this subdivision
24.1together with recommendations for state agencies and the legislature, including any
24.2proposed legislation necessary to accomplish the recommendations. The executive
24.3director of the Legislative Coordinating Commission shall ensure that copies of the report
24.4are available on the Legislative Coordinating Commission's Web site.
24.5 Subd. 6. Expiration. This section expires on June 30, 2009.
24.6 Sec. 8. Minnesota Statutes 2006, section 3.9741, subdivision 1, is amended to read:
24.7 Subdivision 1. Metropolitan Commission. Upon the audit of the financial accounts
24.8and affairs of a commission under section
24.9Metropolitan Commission is liable to the state for the total cost and expenses of the
24.10audit, including the salaries paid to the examiners while actually engaged in making
24.11the examination. The legislative auditor may bill the Metropolitan Commission either
24.12monthly or at the completion of the audit. All collections received for the audits must be
24.13
24.14EFFECTIVE DATE.This section is effective the day following final enactment.
24.15 Sec. 9. [4.60] POET LAUREATE.
24.16 (a) The position of poet laureate of the state of Minnesota is established. The
24.17Minnesota Humanities Commission must solicit nominations for the poet laureate
24.18appointment and must make recommendations to the governor. After receiving
24.19recommendations from the Minnesota Humanities Commission, the governor shall
24.20appoint a state poet laureate and conduct appropriate ceremonies to honor the person
24.21appointed. The person appointed as poet laureate continues to serve in this position until
24.22the governor appoints another person.
24.23 (b) State agencies and officers are encouraged to use the services of the poet laureate
24.24for appropriate ceremonies and celebrations.
24.25 Sec. 10. Minnesota Statutes 2006, section 5.12, subdivision 1, is amended to read:
24.26 Subdivision 1. Fees. The secretary of state shall charge a fee of $5 for each
24.27certificate or certification of a copy of any document filed in the Office of the Secretary
24.28of State. The secretary of state shall charge a fee of $3 for a copy of an original filing of
24.29a corporation, limited partnership, assumed name, or trade or service mark
24.30
24.31fee of $3 for a copy of any or all subsequent filings of a corporation, limited partnership,
24.32assumed name, or trade or service mark. The secretary of state shall charge a fee of $1 per
24.33page for copies of other nonuniform commercial code documents filed with the secretary of
25.1state. At the time of filing, the secretary of state may provide at the public counter, without
25.2charge, a copy of a filing, ten or fewer pages in length, to the person making the filing.
25.3EFFECTIVE DATE.This section is effective August 1, 2007.
25.4 Sec. 11. [5.32] TEMPORARY TECHNOLOGY SURCHARGE.
25.5 Subdivision 1. Surcharge. For fiscal years 2008 and 2009, the following technology
25.6surcharges are imposed on the filing fees required under the following statutes:
25.7 (1) $25 for articles of incorporation filed under section 302A.151;
25.8 (2) $25 for articles of organization filed under section 322B.17;
25.9 (3) $25 for applications for certificates of authority to transact business in Minnesota
25.10filed under section 303.06;
25.11 (4) $20 for annual reports filed by non-Minnesota corporations under section
25.12303.14; and
25.13 (5) $50 for reinstatements to authority to transact business in Minnesota filed under
25.14section 303.19.
25.15 Subd. 2. Deposit. The surcharges listed in subdivision 1 shall be deposited into the
25.16uniform commercial code account.
25.17 Subd. 3. Expiration. This section expires June 30, 2009.
25.18 Sec. 12. [6.465] DEFINITIONS.
25.19 Subdivision 1. Application. For the purposes of this chapter, the terms defined in
25.20this section have the meaning given them.
25.21 Subd. 2. Political subdivision. "Political subdivision" means a county, home rule
25.22charter or statutory city, town, school district, metropolitan or regional agency, public
25.23corporation, political subdivision, or special district as defined in subdivision 3. "Political
25.24subdivision" does not include a metropolitan or regional agency or a public corporation
25.25audited by the legislative auditor.
25.26 Subd. 3. Special district. "Special district" means a public entity with a special
25.27or limited purpose, financed by property tax revenues or other public funds, that is
25.28not included in a city, county, or town financial report as a component of that local
25.29government, that is created or authorized by law, and that is governed by (1) persons
25.30directly elected to the governing board of the district, (2) persons appointed to the
25.31governing board of the district by local elected officials, (3) local elected officials who
25.32serve on the board by virtue of their elected office, or (4) a combination of these methods
25.33of selection. Special district includes special taxing districts listed in section 275.066.
26.1 Sec. 13. Minnesota Statutes 2006, section 6.47, is amended to read:
26.26.47 ACCOUNTING AND BUDGETING SYSTEMS; INVESTIGATION,
26.3FORMS.
26.4 The state auditor shall inquire into the accounting and budgeting systems of all
26.5
26.6accounts and budgeting, and forms, books, and instructions concerning the same. At the
26.7request of any
26.8such systems.
26.9
26.10
26.11
26.12 Sec. 14. Minnesota Statutes 2006, section 6.51, is amended to read:
26.136.51
26.14POLITICAL SUBDIVISIONS.
26.15 All powers and duties of the state auditor herein imposed and conferred with respect
26.16to the supervision, inspection, and examination of books and accounts of cities in section
26.18subdivisions of this state. A copy of the report of such examination shall be filed, subject
26.19to public inspection, with the clerk or chief administrative officer of the
26.20
26.21copy with the county auditor of the county in which the administrative offices of
26.22
26.23disclose malfeasance, misfeasance, or nonfeasance in office, the state auditor shall file
26.24such copy with the county attorney of the county in which the administrative offices of
26.25
26.26county attorney shall institute such proceedings as the law and the public interest require.
26.27 Sec. 15. Minnesota Statutes 2006, section 6.54, is amended to read:
26.286.54 EXAMINATION OF
26.29SUBDIVISION RECORDS PURSUANT TO PETITION.
26.30 Subdivision 1. Petition of voters for audit. The registered voters in a
26.31
26.32or the electors at an annual or special town meeting of a town may petition the state
26.33auditor to examine the books, records, accounts, and affairs of the
27.1
27.2project, enterprise, or fund thereof; and the scope of the examination may be limited by the
27.3petition, but the examination shall cover, at least, all cash received and disbursed and the
27.4transactions relating thereto, provided that the state auditor shall not examine more than
27.5the six latest years preceding the circulation of the petition, unless it appears to the state
27.6auditor during the examination that the audit period should be extended to permit a full
27.7recovery under bonds furnished by public officers or employees, and may if it appears to
27.8the auditor in the public interest confine the period or the scope of audit or both period and
27.9scope of audit, to less than that requested by the petition. In the case of a
27.10
27.11petition shall be signed by a number of registered voters at least equal to 20 percent of
27.12those voting in the last presidential election.
27.13 Subd. 2. School districts. The eligible voters of any school district may petition the
27.14state auditor, who shall be subject to the same restrictions regarding the scope and period
27.15of audit, provided that the petition shall be signed by at least ten eligible voters for each 50
27.16resident pupils in average daily membership during the preceding school year as shown on
27.17the records in the office of the commissioner of education. In the case of school districts,
27.18the petition shall be signed by at least ten eligible voters.
27.19 Subd. 3. Certifications required. At the time it is circulated, every petition shall
27.20contain a statement that the cost of the audit will be borne by the
27.21
27.22delivered to the state auditor it shall be presented to the appropriate
27.23clerk or chief administrative officer of the political subdivision and the county auditor.
27.24The county auditor shall determine and certify whether the petition is signed by the
27.25required number of registered voters or eligible voters as the case may be. The certificate
27.26shall be conclusive evidence thereof in any action or proceeding for the recovery of the
27.27costs, charges, and expenses of any examination made pursuant to the petition.
27.28 Sec. 16. Minnesota Statutes 2006, section 6.55, is amended to read:
27.296.55 EXAMINATION OF RECORDS PURSUANT TO RESOLUTION OF
27.30GOVERNING BODY.
27.31 The governing body of any
27.32by appropriate resolution may ask the state auditor to examine the books, records,
27.33accounts and affairs of their government, or of any organizational unit, activity, project,
27.34enterprise, or fund thereof; and the state auditor shall examine the same upon receiving,
27.35pursuant to said resolution, a written request signed by a majority of the members of the
28.1governing body; and the governing body of any
28.2
28.3instrumentality joint or several of any
28.4subdivision, may request an audit of its books, records, accounts and affairs in the same
28.5manner; provided that the scope of the examination may be limited by the request, but
28.6such examination shall cover, at least, all cash received and disbursed and the transactions
28.7relating thereto. Such written request shall be presented to the clerk,
28.8or chief administrative officer of
28.9
28.10being presented to the state auditor, who shall determine whether the same is signed
28.11by a majority of the members of such governing body and, if found to be so signed,
28.12shall certify such fact, and the fact that such resolution was passed, which certificate
28.13shall be conclusive evidence thereof in any action or proceedings for the recovery of the
28.14costs, charges and expenses of any examination made pursuant to such request. Nothing
28.15contained in any of the laws of the state relating to the state auditor, shall be so construed
28.16as to prevent any
28.17a certified public accountant to examine its books, records, accounts, and affairs. For the
28.18purposes of this section, the governing body of a town is the town board.
28.19 Sec. 17. Minnesota Statutes 2006, section 6.551, is amended to read:
28.206.551 EXAMINATION OF GRANTEES AND CONTRACTORS OF
28.21
28.22 The state auditor may examine the books, records, documents, and accounting
28.23procedures and practices of a contractor or grantee of a
28.24subdivision pursuant to section
28.25the books, records, documents, and accounting procedures and practices that are relevant
28.26to the contract or transaction with the
28.27 Sec. 18. Minnesota Statutes 2006, section 6.57, is amended to read:
28.286.57 COST OF EXAMINATION, COLLECTION.
28.29 On July
28.30the examination of any
28.31that have remained unpaid for a period of three months from the date of such claim. The
28.32auditor shall forthwith notify the clerk,
28.33of each
28.34has a claim that, if the same is not paid, with interest at the rate of six percent per annum
29.1from the date of the claim, within 90 days, the full amount thereof will be certified to the
29.2county auditor of the county having such examination, or to the county auditor for the
29.3county or counties in which
29.4situated, for collection by special tax levy, as herein provided. Such notice shall be served
29.5by certified mail and the deposit thereof in the United States mail shall constitute due and
29.6legal service thereof upon the
29.7 Sec. 19. Minnesota Statutes 2006, section 6.59, is amended to read:
29.86.59 CLAIM OF STATE FOR COST OF EXAMINATION, CONTEST.
29.9 On or before September
29.10
29.11upon the attorney general that it desires to contest the legality of the state's claim, and
29.12the attorney general shall forthwith file with the court administrator of the district court
29.13of the county having such examination, or in which
29.14the political subdivision, or major part thereof, is situated, a verified statement of the
29.15state's claim, duly itemized and serve upon the auditor
29.16officer of
29.17mail, a copy of such statement.
29.18subdivision may file with the court administrator of such district court, within ten days
29.19after the service of such statement upon it, verified objections to the state's claim, and such
29.20district court shall thereupon summarily, in or out of term, hear and determine the amount
29.21due the state, if any, for such examination, at a time and place fixed by the court therefor.
29.22The court administrator of court shall certify to the county auditor of the county having
29.23such examination, or to the county auditor of the county or counties in which
29.24
29.25by the court to be due to the state, if any.
29.26 Sec. 20. Minnesota Statutes 2006, section 6.60, is amended to read:
29.276.60 STATE AUDITOR, CERTIFICATION OF AMOUNTS DUE.
29.28 On October
29.29due the state from the various
29.30subdivisions, including interest computed to July first, following, to the county auditor of
29.31the county having such examination, or to the county auditor of the county in which any
29.32
29.33county auditor, upon receiving a certificate from the state auditor, or a certificate from the
29.34court administrator, as provided in section
30.1claim, with 25 percent added, in the tax levy for general revenue purposes of the
30.2
30.3within any limitation imposed by law upon the amount of taxes which may be levied for
30.4revenue purposes. Upon completion of the June tax settlement following such levy the
30.5county treasurer shall deduct from the amount apportioned to the
30.6political subdivision for general revenue purposes, the amount due the state, including
30.7interest, and remit the same to the commissioner of finance.
30.8 Sec. 21. Minnesota Statutes 2006, section 6.62, subdivision 2, is amended to read:
30.9 Subd. 2. Cost of postaudit. The amount of said levy shall be the amount of the
30.10claim or claims submitted by the state auditor for such services or the auditor's estimate of
30.11the entire cost, and said amount shall be certified by the governing body, after the request
30.12or petition for the audit has been filed, to the county auditor, along with amounts requested
30.13for other governmental purposes. If such levy has been made in excess of statutory
30.14limitations, and if the request or petition is withdrawn after the amount of the levy has
30.15been certified but the levy cannot be canceled because it has been spread on the tax lists,
30.16the governing body shall cause the proceeds of such levy to be transferred to the general
30.17fund and reduce the succeeding year's levy for general purposes accordingly. Provided,
30.18however,
30.19financial affairs are required by statute or charter to be audited at regular intervals may
30.20levy annually or biennially in anticipation of the audit expense, without the presentment of
30.21such claim or estimate by the state auditor.
30.22 Sec. 22. Minnesota Statutes 2006, section 6.63, is amended to read:
30.236.63 APPLICATION.
30.24 The units of government set forth in sections
30.25shall be construed, where applicable, to include, in addition to those therein specifically
30.26named, public utility commissions, public corporations, and instrumentalities.
30.27 Sec. 23. Minnesota Statutes 2006, section 6.64, is amended to read:
30.286.64 COOPERATION WITH PUBLIC ACCOUNTANTS; PUBLIC
30.29ACCOUNTANT DEFINED.
30.30 There shall be mutual cooperation between the state auditor and public accountants
30.31in the performance of auditing, accounting, and other related services for
30.32
31.1purposes of sections
31.2the meaning ascribed to it in section
31.3 Sec. 24. Minnesota Statutes 2006, section 6.65, is amended to read:
31.46.65 MINIMUM PROCEDURES FOR AUDITORS, PRESCRIBED.
31.5 The state auditor shall prescribe minimum procedures and the audit scope for
31.6auditing the books, records, accounts, and affairs of
31.7political subdivisions in Minnesota. The minimum scope for audits of all
31.8
31.9Audits of all school districts must include a determination of compliance with uniform
31.10financial accounting and reporting standards. The state auditor shall promulgate an
31.11audit guide for legal compliance audits, in consultation with representatives of the state
31.12auditor, the attorney general, towns, cities, counties, school districts, and private sector
31.13public accountants.
31.14 Sec. 25. Minnesota Statutes 2006, section 6.66, is amended to read:
31.156.66 CERTAIN PRACTICES OF PUBLIC ACCOUNTANTS AUTHORIZED.
31.16 Any public accountant may engage in the practice of auditing the books, records,
31.17accounts, and affairs of
31.18
31.19audited exclusively by the state auditor.
31.20 Sec. 26. Minnesota Statutes 2006, section 6.67, is amended to read:
31.216.67 PUBLIC ACCOUNTANTS; REPORT OF EVIDENCE POINTING TO
31.22MISCONDUCT.
31.23 Whenever a public accountant in the course of auditing the books and affairs of a
31.24
31.25discover evidence pointing to nonfeasance, misfeasance, or malfeasance, on the part of
31.26an officer or employee in the conduct of duties and affairs, the public accountant shall
31.27promptly make a report of such discovery to the state auditor and the county attorney of
31.28the county in which the
31.29accountant shall also furnish a copy of the report of audit upon completion to said officers.
31.30The county attorney shall act on such report in the same manner as required by law for
31.31reports made to the county attorney by the state auditor.
32.1 Sec. 27. Minnesota Statutes 2006, section 6.68, is amended to read:
32.26.68 STATE AUDITOR MAY ASSIST PUBLIC ACCOUNTANT IN AUDIT.
32.3 Subdivision 1. Request to governing body. If in an audit of a
32.4
32.5need of the assistance of the state auditor, the accountant may obtain such assistance
32.6by requesting the governing body of the
32.7examined to request the state auditor to perform such auditing or investigative services, or
32.8both, as the matter and the public interest require.
32.9 Subd. 2. Auditor's report; payment. The state auditor shall work in close
32.10cooperation with the public accountant in rendering the services so requested and the
32.11state auditor shall make such report of findings to the county attorney as is required by
32.12law to be made of nonfeasance, misfeasance, and malfeasance discovered by the state
32.13auditor. The
32.14such services so performed by the state auditor in the same manner as if it had requested
32.15the services pursuant to section
32.16 Sec. 28. Minnesota Statutes 2006, section 6.70, is amended to read:
32.176.70 ACCESS TO REPORTS.
32.18 The state auditor and the public accountants shall have reasonable access to each
32.19other's audit reports, working papers, and audit programs concerning audits made by each
32.20of
32.21subdivisions.
32.22 Sec. 29. Minnesota Statutes 2006, section 6.71, is amended to read:
32.236.71 SCOPE OF AUDITOR'S INVESTIGATION.
32.24 Whenever the governing body of a
32.25subdivision shall have requested a public accountant to make an audit of its books and
32.26affairs, and such audit is in progress or has been completed, and registered voters or
32.27electors petition or the governing body requests or both the state auditor to make an
32.28examination covering the same, or part of the same, period, the state auditor may, in the
32.29public interest, limit the scope of the examination to less than that specified in section
32.31within the state auditor's powers and duties to investigate.
33.1 Sec. 30. Minnesota Statutes 2006, section 6.715, is amended by adding a subdivision
33.2to read:
33.3 Subd. 5. Review of data; data protection. If, before releasing a report, the state
33.4auditor provides a person with data relating to the audit for the purpose of review and
33.5verification of the data, the person must protect the data from unlawful disclosure or be
33.6subject to the penalties and liabilities provided in sections 13.08 and 13.09.
33.7 Sec. 31. [6.756] SPECIAL DISTRICTS; INFORMATION REQUIRED TO BE
33.8FILED WITH STATE AUDITOR; AUDITS.
33.9 Subdivision 1. Governance documents must be filed. Each special district must
33.10file with the state auditor, within 60 days of adoption, any document relating to the
33.11governance of the district, including articles of incorporation, bylaws, or agreements,
33.12and any amendment to these documents.
33.13 Subd. 2. Audit requirements. (a) A special district with total annual revenue
33.14greater than the threshold amount for cities under section 412.591, subdivision 3,
33.15paragraph (b), must provide for an annual audit of the district's financial affairs by the
33.16state auditor or a public accountant in accordance with minimum auditing procedures
33.17prescribed by the state auditor.
33.18 (b) A special district with total annual revenue that is equal to or less than the
33.19threshold amount for cities under section 412.591, subdivision 3, paragraph (b), must
33.20provide for an audit of the district's financial affairs by the state auditor or a public
33.21accountant in accordance with minimum audit procedures prescribed by the state auditor
33.22at least once every five years. The audit must be for a one-year period to be determined
33.23at random by the person conducting the audit. The audited financial statement must be
33.24prepared in a form prescribed by the state auditor similar to the reporting requirements for
33.25cities under 2,500 in population. For any year in which a special district is not audited,
33.26the district must prepare a financial statement in a form prescribed by the state auditor
33.27similar to the reporting requirements for cities reporting on a cash basis and file that
33.28statement with the state auditor.
33.29 (c) This subdivision does not apply to a special district subject to financial auditing
33.30and reporting requirements under other law.
33.31 Subd. 3. Presentation to governing board; filing with state auditor. Except as
33.32provided by other law, financial statements and audits must be completed, presented to the
33.33district's governing board, and filed with the state auditor within 180 days after the end of
33.34the district's fiscal year.
34.1 Sec. 32. [8.37] ASSISTANCE TO VETERANS.
34.2 The attorney general may advise and assist veterans and their families as to services
34.3available from public and private agencies. For purposes of this section, "veteran" means
34.4any veteran or active member of the United States armed services, including the National
34.5Guard and Reserves.
34.6 Sec. 33. [11A.27] REPORT ON INVESTMENT CONSULTANT ACTIVITIES
34.7AND DELIVERABLES.
34.8 (a) Annually, on or before November 1, the State Board of Investment shall file a
34.9report with the Legislative Reference Library on the activities and work product during
34.10that year of any investment consultants retained by the board.
34.11 (b) The report must include the following items:
34.12 (1) the total contract fee paid to each investment consultant;
34.13 (2) a listing of the projects in which the investment consultant was involved; and
34.14 (3) examples of the written work product provided by the investment consultant on
34.15those projects during the report coverage period.
34.16EFFECTIVE DATE.This section is effective June 30, 2007.
34.17 Sec. 34. [12.62] MINNESOTA LEGISLATIVE COMMISSION ON TERRORISM
34.18AND DISASTER PREPAREDNESS.
34.19 Subdivision 1. Creation; duties. The Legislative Commission on Terrorism and
34.20Disaster Preparedness is established to:
34.21 (1) advise the legislature on issues related to homeland security, emergency
34.22management, man-made and natural disasters, terrorism, bioterrorism, public health
34.23emergencies, and vulnerabilities in the public and private infrastructures;
34.24 (2) oversee the disaster preparation activities of the Department of Health,
34.25Department of Public Safety, and any other state agency, office, commission, or board that
34.26is within the commission's purview, and make recommendations to these organizations of
34.27changes or additions to the organizations' disaster preparedness and risk reduction work
34.28plans that the commission deems advisable; and
34.29 (3) make policy and finance recommendations to improve the state's public and
34.30private capacity to prevent, respond to, and recover from man-made and natural threats to
34.31the state.
34.32 Subd. 2. Membership. (a) The commission consists of:
34.33 (1) three members of the house of representatives, one of whom must be a member
34.34of the minority party, to be appointed by the speaker of the house of representatives;
35.1 (2) three members of the senate, one of whom must be a member of the minority
35.2party, to be appointed by the senate majority leader;
35.3 (3) the commissioner of public safety, or a designee, as an ex-officio member;
35.4 (4) the commissioner of health, or a designee, as an ex-officio member;
35.5 (5) the attorney general, or a designee, as an ex-officio member;
35.6 (6) two citizen members with relevant expertise, selected by the speaker of the
35.7house of representatives;
35.8 (7) two citizen members with relevant expertise, selected by the senate majority
35.9leader;
35.10 (8) two citizen members, selected by the speaker of the house of representatives; and
35.11 (9) two citizen members, selected by the senate majority leader.
35.12 (b) Members serve for a term expiring at the close of each regular session of the
35.13legislature but continue to serve until their successors are appointed. Members may be
35.14reappointed. The appointing authority shall fill vacancies.
35.15 (c) One member, elected by a majority of members, shall serve as the commission
35.16chair. The commission chair should have relevant subject matter education, training, and
35.17experience. The commission is authorized to elect a vice-chair and other officers as it
35.18deems necessary. The commission shall determine the duties of each officer.
35.19 (d) The commission chair shall convene meetings of the commission on a regular
35.20basis.
35.21 Subd. 3. Compensation. Compensation of legislative members is as provided in
35.22section 3.101. Compensation of the remaining members is as provided in section 15.0575.
35.23 Subd. 4. Staff. The commission may appoint and fix the compensation of such
35.24additional legal and other personnel and consultants or contract for services to supply
35.25necessary data as may be necessary to enable the commission to carry out its functions.
35.26 Subd. 5. Data from state agencies; availability. The commission may request
35.27information from any state officer or agency or political subdivision of the state in order to
35.28assist the commission in carrying out its duties and the state officer, agency, or subdivision
35.29must promptly furnish any data required, subject to applicable requirements or restrictions
35.30imposed by chapter 13 and section 15.17.
35.31 Subd. 6. Report. By January 15 of each year, the commission must submit a
35.32report that contains the commission's policy and appropriation recommendations to the
35.33legislature, the commissioner of health, and the commissioner of public safety.
35.34 Subd. 7. Repeal. This section is repealed June 30, 2011.
35.35EFFECTIVE DATE.This section is effective July 1, 2007.
36.1 Sec. 35. [13.595] GRANTS.
36.2 Subdivision 1. Definitions. For purposes of this section, the following terms have
36.3the meanings given them.
36.4 (a) "Completion of the evaluation process" means that the granting agency has
36.5completed negotiating the grant agreement with the selected grantee.
36.6 (b) "Grant agreement" means the document that details the responsibilities of the
36.7grantee and the granting agency and the value to be provided to the grantee.
36.8 (c) "Grantee" means a person that applies for or receives a grant.
36.9 (d) "Granting agency" means the government entity that provides the grant.
36.10 (e) "Opened" means the act that occurs once the deadline for submitting a response
36.11to a proposal to the granting agency has been reached.
36.12 (f) "Request for proposal" means the data outlining the responsibilities the granting
36.13agency wants the grantee to assume.
36.14 (g) "Response" means the data submitted by a grantee as required by a request for
36.15proposal.
36.16 Subd. 2. Request for applications. Data created by a granting agency to create a
36.17request for proposal is classified as nonpublic until the request for proposal is published.
36.18To the extent that a granting agency involves persons outside the granting agency to create
36.19the request for proposal, the data remain nonpublic in the hands of all persons who may
36.20not further disseminate any data that are created or reviewed as part of the request for
36.21proposal development. At publication, the data in the request for proposal is public.
36.22 Subd. 3. Responses to request for proposals. (a) Responses submitted by a grantee
36.23are private or nonpublic until the responses are opened. Once the responses are opened,
36.24the name and address of the grantee and the amount requested is public. All other data in a
36.25response is private or nonpublic data until completion of the evaluation process. After a
36.26granting agency has completed the evaluation process, all remaining data in the responses
36.27is public with the exception of trade secret data as defined and classified in section 13.37.
36.28A statement by a grantee that the response is copyrighted or otherwise protected does
36.29not prevent public access to the response.
36.30 (b) If all responses are rejected prior to completion of the evaluation process,
36.31all data, other than that made public at the opening, remain private or nonpublic
36.32until a resolicitation of proposals results in completion of the evaluation process or a
36.33determination is made to abandon the grant. If the rejection occurs after the completion of
36.34the evaluation process, the data remain public. If a resolicitation of proposals does not
36.35occur within one year of the grant opening date, the remaining data become public.
37.1 Subd. 4. Evaluation data. (a) Data created or maintained by a granting agency as
37.2part of the evaluation process referred to in this section are protected nonpublic data until
37.3completion of the evaluation process at which time the data are public with the exception
37.4of trade secret data as defined and classified in section 13.37.
37.5 (b) If a granting agency asks individuals outside the granting agency to assist with
37.6the evaluation of the responses, the granting agency may share not public data in the
37.7responses with those individuals. The individuals participating in the evaluation may not
37.8further disseminate the not public data they review.
37.9 Sec. 36. Minnesota Statutes 2006, section 13.605, subdivision 1, is amended to read:
37.10 Subdivision 1. Legislative and budget proposal data. (a) Definition. As used
37.11in this section, "state administration" means the governor's office, the Department of
37.12Finance, and any state agency that is under the direct control of the governor.
37.13 (b) Classifications. Legislative and budget proposals, including preliminary
37.14drafts, that are created, collected, or maintained by the state administration are protected
37.15nonpublic data
37.16administration
37.17budget is presented to the legislature.
37.18The state administration may disclose any of the data within the state administration and
37.19to the public at any time if disclosure would aid the administration in considering and
37.20preparing its proposals.
37.21 Sec. 37. [15B.055] PARKING SPACES.
37.22 To provide the public with greater access to legislative proceedings, all parking
37.23spaces on Aurora Avenue in front of the Capitol building must be reserved for the public.
37.24 Sec. 38. Minnesota Statutes 2006, section 15B.17, subdivision 1, is amended to read:
37.25 Subdivision 1. Proposals. (a) Before a state agency or other public body develops
37.26
37.27improvements within the Capitol Area to submit to the legislature and the governor,
37.28it must consult with the board.
37.29 (b) The public body must provide enough money for the board's review and planning
37.30if the board decides its review and planning services are necessary. Money received by the
37.31board under this subdivision is deposited in the special revenue fund and appropriated in
37.32fiscal years 2008 and 2009 to the board.
38.1 Sec. 39. Minnesota Statutes 2006, section 16A.103, subdivision 1e, is amended to read:
38.2 Subd. 1e. Economic information. The commissioner must review economic
38.3information including economic forecasts with legislative fiscal staff no later than two
38.4weeks before the forecast is released. The commissioner must invite the chairs and lead
38.5minority members of the senate
38.6Ways and Means Committee, and legislative fiscal staff to attend any meetings held with
38.7outside economic advisors. The commissioner must provide legislative fiscal staff with
38.8monthly economic forecast information received from outside sources.
38.9 Sec. 40. [16A.104] BASE BUDGET DETAIL.
38.10 Within one week of the release of the budget forecasts required in section 16A.103
38.11in November of an even-numbered year and February of an odd-numbered year, the
38.12commissioner of finance must provide to the legislature information that illustrates how the
38.13base level budget for the next biennium is projected to be spent. In designing the report,
38.14the commissioner must consult with the chairs of the house of representatives and senate
38.15Finance Committees and the house of representatives Committee on Ways and Means.
38.16 Sec. 41. [16A.107] CASH FLOW FORECAST.
38.17 Within two weeks after the November forecast of state revenue and expenditures
38.18under section 16A.103, the commissioner shall deliver to the governor and the legislature
38.19a forecast of cash flow for the general fund, showing the expected maximum and minimum
38.20cash balance in the fund for each month of the forecast period.
38.21 Sec. 42. Minnesota Statutes 2006, section 16A.11, is amended by adding a subdivision
38.22to read:
38.23 Subd. 3d. Budget bills. The necessary bills to implement the governor's operating
38.24budget must be submitted to the legislature within two weeks after the operating budget
38.25was submitted. The necessary bills to implement the governor's capital budget must be
38.26submitted to the legislature within two weeks after the capital budget was submitted.
38.27 Sec. 43. [16A.117] CONTINUING APPROPRIATIONS.
38.28 If a major appropriation bill to fund a given state agency for the next biennium has
38.29not been passed in the same form by the house of representatives and senate and been
38.30presented to the governor before July 1 of an odd-numbered year, amounts sufficient to
38.31continue operation of that agency and the programs administered by that agency through
38.32July 31 of the fiscal year beginning in the same calendar year at the base level for that
39.1fiscal year, as determined according to section 16A.11, subdivision 3, and previous
39.2appropriation acts, are appropriated to the agency from the appropriate funds and accounts
39.3in the state treasury. The base level for an appropriation that was designated as onetime or
39.4was onetime in nature is zero. Determination of the amount appropriated may be made
39.5on a proration of the annual amount or another reasonable basis as determined by the
39.6commissioner of finance.
39.7 Sec. 44. Minnesota Statutes 2006, section 16A.1286, subdivision 2, is amended to read:
39.8 Subd. 2. Billing procedures. The commissioner may bill up to $7,520,000 in
39.9each fiscal year for statewide systems services provided to state agencies, judicial branch
39.10agencies, the University of Minnesota, the Minnesota State Colleges and Universities,
39.11and other entities.
39.12
39.13agency operating appropriations to the statewide systems account the amount billed by
39.14the commissioner. Billing policies and procedures related to statewide systems services
39.15must be developed by the commissioner in consultation with the commissioners of
39.16employee relations and administration, the University of Minnesota, and the Minnesota
39.17State Colleges and Universities.
39.18 Sec. 45. [16B.327] DEFINITIONS.
39.19 Subdivision 1. Application. For the purposes of section 16B.328, the definitions
39.20in this section have the meanings given.
39.21 Subd. 2. Energy conservation. "Energy conservation" means reducing energy use
39.22and includes: (1) using a light with lower wattage; and (2) using devices such as time
39.23controls, motion detectors, or on and off switches that limit unnecessary use of lighting.
39.24 Subd. 3. Cutoff luminaire. "Cutoff luminaire" means a luminaire in which 2.5
39.25percent or less of the lamp lumens are emitted above a horizontal plane through the
39.26luminaire's lowest part and ten percent or less of the lamp lumens are emitted at a vertical
39.27angle 80 degrees above the luminaire's lowest point.
39.28 Subd. 4. Light pollution. "Light pollution" means the shining of light produced by
39.29a luminaire above the height of the luminaire and into the sky.
39.30 Subd. 5. Lumen. "Lumen" means a unit of luminous flux. One footcandle is one
39.31lumen per square foot. For purposes of section 16B.328, the lumen-output values are
39.32the initial lumen output rating of the lamp.
39.33 Subd. 6. Luminaire "Luminaire" means a complete lighting unit consisting of a
39.34light source and all necessary mechanical, electrical, and decorative parts.
40.1 Subd. 7. Outdoor lighting fixture. "Outdoor lighting fixture" means any type of
40.2fixed or movable lighting equipment that is designed or used for illumination outdoors.
40.3The term includes billboard lighting, streetlights, searchlights, and other lighting used for
40.4advertising purposes and area lighting. The term does not include lighting equipment
40.5that is required by law to be installed on motor vehicles or lighting required for the safe
40.6operation of aircraft.
40.7 Sec. 46. [16B.328] STANDARDS FOR STATE FUNDED OUTDOOR LIGHTING
40.8FIXTURES; MODEL ORDINANCE.
40.9 Subdivision 1. Outdoor lighting fixtures. (a) An outdoor lighting fixture may be
40.10installed or replaced using state funds only if:
40.11 (1) the new or replacement outdoor lighting fixture is a cutoff luminaire if the rated
40.12output of the outdoor lighting fixture is greater than 1,800 lumens;
40.13 (2) the minimum illuminance adequate for the intended purpose is used with
40.14consideration given to nationally recognized standards;
40.15 (3) for lighting of a designated highway of the state highway system, the Department
40.16of Transportation determines that the purpose of the outdoor lighting fixture cannot be
40.17achieved by the installation of reflective road markers, lines, warning or informational
40.18signs, or other effective passive methods; and
40.19 (4) full consideration has been given to energy conservation and savings, reducing
40.20glare, minimizing light pollution, and preserving the natural night environment.
40.21 (b) Paragraph (a) does not apply if:
40.22 (1) a federal law, rule, or regulation preempts state law;
40.23 (2) the outdoor lighting fixture is used on a temporary basis because emergency
40.24personnel require additional illumination for emergency procedures;
40.25 (3) the outdoor lighting fixture is used on a temporary basis for nighttime work;
40.26 (4) special events or situations require additional illumination, provided that the
40.27illumination installed shields the outdoor lighting fixtures from direct view and minimizes
40.28upward lighting and light pollution;
40.29 (5) the outdoor lighting fixture is used solely to highlight the aesthetic aspects of
40.30a single object or distinctive building; or
40.31 (6) a compelling safety interest exists that cannot be addressed by another method.
40.32 (c) This subdivision does not apply to the operation and maintenance of lights or
40.33lighting systems purchased or installed, or for which design work is completed, before
40.34August 1, 2007.
41.1 (d) This section does not apply if a state agency or local unit of government
41.2determines that compliance with this section would:
41.3 (i) require an increased use of electricity;
41.4 (ii) increase the construction cost of a lighting system more than 15 percent over the
41.5construction cost of a lighting system that does not comply with this section;
41.6 (iii) increase the cost of operation and maintenance of the lighting system more than
41.7ten percent over the cost of operating and maintaining the existing lighting system over
41.8the life of the lighting system; or
41.9 (iv) result in a negative safety impact.
41.10 Subd. 2. Model ordinance. The commissioner of administration, in consultation
41.11with the commissioner of commerce, associations for local governments, and any other
41.12interested person, shall develop a model ordinance that can be adapted for use by cities,
41.13counties, and towns, governing outdoor lighting to reduce light pollution. The model
41.14ordinance must include provisions addressing elements similar to those in subdivision 1.
41.15In addition, the model ordinance must address:
41.16 (1) standards for lighting on private property, outdoor advertising, lighting on
41.17commercial, industrial, or institutional property, canopies covering fueling stations, and
41.18public streets, sidewalks, and alleys;
41.19 (2) how illumination levels should be measured;
41.20 (3) possible exemptions, such as for temporary emergency or hazard lighting;
41.21 (4) recommended elements for an exterior lighting plan for a development;
41.22 (5) treatment of nonconforming lighting;
41.23 (6) lighting standards that might apply in special subdistricts;
41.24 (7) light pole maximum heights; and
41.25 (8) light trespass.
41.26 Sec. 47. Minnesota Statutes 2006, section 16B.35, subdivision 1, is amended to read:
41.27 Subdivision 1. Percent of appropriations for art. An appropriation for the
41.28construction or alteration of any state building may contain an amount not to exceed
41.29
41.30acquisition of works of art, excluding landscaping, which may be an integral part of the
41.31building or its grounds, attached to the building or grounds or capable of being displayed
41.32in other state buildings.
41.33
41.34
41.35for this purpose is available only for the acquisition of works of art to be exhibited in areas
42.1of a building or its grounds accessible, on a regular basis, to members of the public. No
42.2more than ten percent of the total amount available each fiscal year under this subdivision
42.3may be used for administrative expenses, either by the commissioner of administration or
42.4by any other entity to whom the commissioner delegates administrative authority. For the
42.5purposes of this section "state building" means a building the construction or alteration of
42.6which is paid for wholly or in part by the state.
42.7EFFECTIVE DATE.This section is effective July 1, 2007. The repeal of the
42.8$100,000 limit in this section applies to appropriations made before, on, or after that date.
42.9 Sec. 48. [16B.97] GRANTS MANAGEMENT.
42.10 Subdivision 1. Grant agreement. (a) A grant agreement is a written instrument
42.11or electronic document defining a legal relationship between a granting agency and a
42.12grantee when the principal purpose of the relationship is to transfer cash or something of
42.13value to the recipient to support a public purpose authorized by law instead of acquiring
42.14by professional/technical contract, purchase, lease, or barter property or services for the
42.15direct benefit or use of the granting agency.
42.16 (b) This section does not apply to capital project grants to political subdivisions as
42.17defined by section 16A.86.
42.18 Subd. 2. Grants governance. The commissioner shall provide leadership and
42.19direction for policy related to grants management in Minnesota in order to foster more
42.20consistent, streamlined interaction between executive agencies, funders, and grantees that
42.21will enhance access to grant opportunities and information and lead to greater program
42.22accountability and transparency. The commissioner has the duties and powers stated in this
42.23section. An executive agency must do what the commissioner requires under this section.
42.24 Subd. 3. Discretionary powers. The commissioner has the authority to:
42.25 (1) review grants management practices and propose policy and procedure
42.26improvements to the governor, legislature, executive agencies, and the federal government;
42.27 (2) sponsor, support, and facilitate innovative and collaborative grants management
42.28projects with public and private organizations;
42.29 (3) review, recommend, and implement alternative strategies for grants management;
42.30 (4) collect and disseminate information, issue reports relating to grants management,
42.31and sponsor and conduct conferences and studies; and
42.32 (5) participate in conferences and other appropriate activities related to grants
42.33management issues.
42.34 Subd. 4. Duties. (a) The commissioner shall:
43.1 (1) create general grants management policies and procedures that are applicable to
43.2all executive agencies. The commissioner may approve exceptions to these policies and
43.3procedures for particular grant programs. Exceptions shall expire or be renewed after five
43.4years. Executive agencies shall retain management of individual grants programs;
43.5 (2) provide a central point of contact concerning statewide grants management
43.6policies and procedures;
43.7 (3) serve as a resource to executive agencies in such areas as training, evaluation,
43.8collaboration, and best practices in grants management;
43.9 (4) ensure grants management needs are considered in the development, upgrade,
43.10and use of statewide administrative systems and leverage existing technology whereever
43.11possible;
43.12 (5) oversee and approve future professional and technical service contracts and
43.13other information technology spending related to executive agency grants management
43.14activities;
43.15 (6) provide a central point of contact for comments about executive agencies
43.16violating statewide grants governance policies and about fraud and waste in grants
43.17processes;
43.18 (7) forward received comments to the appropriate agency for further action, and
43.19may follow up as necessary; and
43.20 (8) provide a single listing of all available executive agency competitive grant
43.21opportunities and resulting grant recipients.
43.22 (b) The commissioner may determine that it is cost-effective for agencies to develop
43.23and use shared grants management technology systems. This system would be governed
43.24under section 16E.01, subdivision 3, paragraph (b).
43.25 (c) The duties assigned to the commissioner in this subdivision with respect to
43.26grants also apply to easements granted by executive agencies.
43.27 Sec. 49. [16B.98] GRANT AGREEMENTS.
43.28 Subdivision 1. Limitation. As a condition of receiving a grant from an appropriation
43.29of state funds, the recipient of the grant must agree to minimize administrative costs. The
43.30granting agency is responsible for negotiating appropriate limits to these costs so that the
43.31state derives the optimum benefit for grant funding.
43.32 Subd. 2. Ethical practices and conflict of interest. An employee of the executive
43.33branch involved directly or indirectly in grants processes, at any level, is subject to the
43.34code of ethics in section 43A.38.
44.1 Subd. 3. Conflict of interest. (a) The commissioner must develop policies
44.2regarding code of ethics and conflict of interest designed to prevent conflicts of interest
44.3for employees, committee members, or others involved in the recommendation, award,
44.4and administration of grants. The policies must apply to employees who are directly or
44.5indirectly in the grants process, which may include the following:
44.6 (1) developing request for proposals or evaluation criteria;
44.7 (2) drafting, recommending, awarding, amending, revising, or entering into grant
44.8agreements;
44.9 (3) evaluating or monitoring performance; or
44.10 (4) authorizing payments.
44.11 (b) The policies must include:
44.12 (1) a process to make all parties to the grant aware of policies and laws relating to
44.13conflict of interest, and training on how to avoid and address potential conflicts; and
44.14 (2) a process under which those who have a conflict of interest or a potential conflict
44.15of interest must disclose the matter.
44.16 (c) If the employee, appointing authority, or commissioner determines that a conflict
44.17of interest exists, the matter shall be assigned to another employee who does not have a
44.18conflict of interest. If it is not possible to assign the matter to an employee who does not
44.19have a conflict of interest, interested personnel shall be notified of the conflict and the
44.20employee may proceed with the assignment.
44.21 Subd. 4. Reporting of violations. A state employee who discovers evidence
44.22of violation of laws or rules governing grants is encouraged to report the violation or
44.23suspected violation to the employee's supervisor, the commissioner or the commissioner's
44.24designee, or the legislative auditor. The legislative auditor shall report to the Legislative
44.25Audit Commission if there are multiple complaints about the same agency. The auditor's
44.26report to the Legislative Audit Commission under this section must disclose only the
44.27number and type of violations alleged. An employee making a good faith report under this
44.28section has the protections provided for under section 181.932, prohibiting the employer
44.29from discriminating against the employee.
44.30 Subd. 5. Creation and validity of grant agreements. (a) A grant agreement is
44.31not valid and the state is not bound by the grant unless:
44.32 (1) the grant has been executed by the head of the agency or a delegate who is
44.33party to the grant; and
44.34 (2) the accounting system shows an encumbrance for the amount of the grant in
44.35accordance with policy approved by the commissioner.
45.1 (b) The combined grant agreement and amendments must not exceed five years
45.2without specific, written approval by the commissioner according to established policy,
45.3procedures, and standards, or unless the commissioner determines that a longer duration is
45.4in the best interest of the state.
45.5 (c) A fully executed copy of the grant agreement with all amendments and other
45.6required records relating to the grant must be kept on file at the granting agency for a time
45.7equal to that required of grantees in subdivision 8.
45.8 (d) Grant agreements must comply with policies established by the commissioner
45.9for minimum grant agreement standards and practices.
45.10 (e) The attorney general may periodically review and evaluate a sample of state
45.11agency grants to ensure compliance with applicable laws.
45.12 Subd. 6. Grant administration. A granting agency shall diligently administer
45.13and monitor any grant it has entered into.
45.14 Subd. 7. Grant payments. Payments to the grantee may not be issued until the
45.15grant agreement is fully executed.
45.16 Subd. 8. Audit. (a) A grant agreement made by an executive agency must include
45.17an expressed or implied audit clause that provides that the books, records, documents,
45.18and accounting procedures and practices of the grantee or other party that are relevant to
45.19the grant or transaction are subject to examination by the granting agency and either the
45.20legislative auditor or the state auditor, as appropriate, for a minimum of six years from the
45.21grant agreement end date, receipt and approval of all final reports, or the required period
45.22of time to satisfy all state and program retention requirements, whichever is later.
45.23 (b) If the granting agency is a local unit of government, and the governing body of
45.24the local unit of government requests that the state auditor examine the books, records,
45.25documents, and accounting procedures and practices of the grantee or other party
45.26according to this subdivision, the granting agency shall be liable for the cost of the
45.27examination. If the granting agency is a local unit of government, and the grantee or other
45.28party requests that the state auditor examine all books, records, documents, and accounting
45.29procedures and practices related to the grant, the grantee or other party that requested the
45.30examination shall be liable for the cost of the examination.
45.31 Subd. 9. Authority of attorney general. The attorney general may pursue
45.32remedies available by law to avoid the obligation of an agency to pay under a grant or to
45.33recover payments made if activities under the grant are so unsatisfactory, incomplete, or
45.34inconsistent that payment would involve unjust enrichment. The contrary opinion of the
45.35granting agency does not affect the power of the attorney general under this subdivision.
46.1 Subd. 10. Grants with Indian tribes and bands. Notwithstanding any other law,
46.2an agency may not require an Indian tribe or band to deny its sovereignty as a requirement
46.3or condition of a grant with an agency.
46.4 Sec. 50. Minnesota Statutes 2006, section 16C.02, is amended by adding a subdivision
46.5to read:
46.6 Subd. 3a. Best and final offer. "Best and final offer" means an optional step in
46.7the solicitation process in which responders are requested to improve their response by
46.8methods including, but not limited to, the reduction of cost, clarification or modification of
46.9the response, or the provision of additional information.
46.10 Sec. 51. Minnesota Statutes 2006, section 16C.02, subdivision 4, is amended to read:
46.11 Subd. 4. Best value. "Best value" describes a result intended in the acquisition of all
46.12goods and services. Price must be one of the evaluation criteria when acquiring goods
46.13and services. Other evaluation criteria may include, but are not limited to, environmental
46.14considerations, quality, and vendor performance. In achieving "best value" strategic
46.15sourcing tools, including but not limited to best and final offers, negotiations, contract
46.16consolidation, product standardization, and mandatory-use enterprise contracts shall be
46.17used at the commissioner's discretion.
46.18 Sec. 52. Minnesota Statutes 2006, section 16C.02, is amended by adding a subdivision
46.19to read:
46.20 Subd. 6a. Enterprise procurement. "Enterprise procurement" means the process
46.21undertaken by the commissioner to leverage economies of scale of multiple end users to
46.22achieve cost savings and other favorable terms in contracts for goods and services.
46.23 Sec. 53. Minnesota Statutes 2006, section 16C.02, subdivision 12, is amended to read:
46.24 Subd. 12. Request for proposal or RFP. "Request for proposal" or "RFP" means a
46.25solicitation in which it is not advantageous to set forth all the actual, detailed requirements
46.26at the time of solicitation and responses are
46.27best value for the state.
46.28 Sec. 54. Minnesota Statutes 2006, section 16C.02, subdivision 14, is amended to read:
46.29 Subd. 14. Response. "Response" means the offer received from a vendor in
46.30response to a solicitation. A response includes submissions commonly referred to as
46.31"offers," "bids," "quotes,"
47.1 Sec. 55. Minnesota Statutes 2006, section 16C.02, is amended by adding a subdivision
47.2to read:
47.3 Subd. 20. Strategic sourcing. "Strategic sourcing" means methods used to
47.4analyze and reduce spending on goods and services, including but not limited to
47.5spend analysis, product standardization, contract consolidation, negotiations, multiple
47.6jurisdiction purchasing alliances, reverse and forward auctions, life-cycle costing, and
47.7other techniques.
47.8 Sec. 56. Minnesota Statutes 2006, section 16C.03, subdivision 2, is amended to read:
47.9 Subd. 2. Rulemaking authority. Subject to chapter 14, the commissioner may
47.10adopt rules, consistent with this chapter and chapter 16B, relating to the following topics:
47.11 (1) procurement process including solicitations and responses to solicitations, bid
47.12security, vendor errors, opening of responses, award of contracts, tied bids, and award
47.13protest process;
47.14 (2) contract performance and failure to perform;
47.15 (3) authority to debar or suspend vendors, and reinstatement of vendors;
47.16 (4) contract cancellation;
47.17 (5) procurement from rehabilitation facilities; and
47.18 (6) organizational conflicts of interest.
47.19 Sec. 57. Minnesota Statutes 2006, section 16C.03, subdivision 4, is amended to read:
47.20 Subd. 4. Contracting authority. The commissioner shall conduct all contracting by,
47.21for, and between agencies and perform all contract management and review functions for
47.22contracts, except those functions specifically delegated to be performed by the contracting
47.23agency, the attorney general, or otherwise provided for by law. The commissioner may
47.24require that agency staff participate in the development of enterprise procurements
47.25including the development of product standards, specifications and other requirements.
47.26 Sec. 58. Minnesota Statutes 2006, section 16C.03, subdivision 8, is amended to read:
47.27 Subd. 8. Policy and procedures. The commissioner is authorized to issue policies,
47.28procedures, and standards applicable to all acquisition activities by and for agencies.
47.29Consistent with the authority specified in this chapter, the commissioner shall develop
47.30and implement policies, procedures, and standards ensuring the optimal use of strategic
47.31sourcing techniques.
47.32 Sec. 59. Minnesota Statutes 2006, section 16C.03, subdivision 16, is amended to read:
48.1 Subd. 16. Delegation of duties. The commissioner may delegate duties imposed by
48.2this chapter to the head of an agency and to any subordinate of the agency head. Delegated
48.3duties shall be exercised in the name of the commissioner and under the commissioner's
48.4direct supervision and control. A delegation of duties may include, but is not limited to,
48.5allowing individuals within agencies to acquire goods, services, and utilities within dollar
48.6limitations and for designated types of acquisitions. Delegation of contract management
48.7and review functions must be filed with the secretary of state and may not, except with
48.8respect to delegations within the Department of Administration, exceed two years in
48.9duration. The commissioner may withdraw any delegation at the commissioner's sole
48.10discretion. The commissioner may require an agency head or subordinate to accept
48.11delegated responsibility to procure goods or services intended for the exclusive use of the
48.12agency receiving the delegation.
48.13 Sec. 60. [16C.046] WEB SITE WITH SEARCHABLE DATABASE ON STATE
48.14CONTRACTS AND GRANTS.
48.15 (a) The commissioner of administration must maintain a Web site with a searchable
48.16database providing the public with information on state contracts, including grant
48.17contracts. The database must include the following information for each state contract
48.18valued in excess of $25,000:
48.19 (1) the name and address of the entity receiving the contract;
48.20 (2) the name of the agency entering into the contract;
48.21 (3) whether the contract is:
48.22 (i) for goods;
48.23 (ii) for professional or technical services;
48.24 (iii) for services other than professional and technical services; or
48.25 (iv) a grant;
48.26 (4) a brief statement of the purpose of the contract or grant;
48.27 (5) the amount of the contract or grant and the fund from which this amount will be
48.28paid; and
48.29 (6) the dollar value of state contracts, other than grants, the entity has received in each
48.30fiscal year and the dollar value of state grants the entity has received in each fiscal year.
48.31 (b) Required information on a new contract or grant must be entered into the
48.32database within 30 days of the time the contract is entered into.
48.33 (c) For purposes of this section, a "grant" is a contract between a state agency and
48.34a recipient, the primary purpose of which is to transfer cash or a thing of value to the
48.35recipient to support a public purpose. Grant does not include payments to units of local
49.1government, payments to state employees, or payments made under laws providing for
49.2assistance to individuals.
49.3 (d) The database must include information on grants and contracts entered into
49.4beginning with fiscal year 2008 funds, and must retain that data for ten years.
49.5EFFECTIVE DATE.This section is effective January 1, 2008.
49.6 Sec. 61. Minnesota Statutes 2006, section 16C.05, subdivision 1, is amended to read:
49.7 Subdivision 1. Agency cooperation. Agencies shall fully cooperate with the
49.8commissioner in the management and review of state contracts and in the development
49.9and implementation of strategic sourcing techniques.
49.10 Sec. 62. Minnesota Statutes 2006, section 16C.05, subdivision 2, is amended to read:
49.11 Subd. 2. Creation and validity of contracts. (a) A contract is not valid and the state
49.12is not bound by it and no agency, without the prior written approval of the commissioner
49.13granted pursuant to subdivision 2a, may authorize work to begin on it unless:
49.14 (1) it has first been executed by the head of the agency or a delegate who is a party
49.15to the contract;
49.16 (2) it has been approved by the commissioner; and
49.17 (3) the accounting system shows an encumbrance for the amount of the contract
49.18liability, except as allowed by policy approved by the commissioner and commissioner of
49.19finance for routine, low-dollar procurements.
49.20 (b) The combined contract and amendments must not exceed five years without
49.21specific, written approval by the commissioner according to established policy, procedures,
49.22and standards, or unless otherwise provided for by law. The term of the original contract
49.23must not exceed two years unless the commissioner determines that a longer duration is
49.24in the best interest of the state.
49.25 (c) Grants, interagency agreements, purchase orders, work orders, and annual plans
49.26need not, in the discretion of the commissioner and attorney general, require the signature
49.27of the commissioner and/or the attorney general. A signature is not required for work
49.28orders and amendments to work orders related to Department of Transportation contracts.
49.29Bond purchase agreements by the Minnesota Public Facilities Authority do not require
49.30the approval of the commissioner.
49.31 (d) Amendments to contracts must entail tasks that are substantially similar to
49.32those in the original contract or involve tasks that are so closely related to the original
49.33contract that it would be impracticable for a different contractor to perform the work. The
49.34commissioner or an agency official to whom the commissioner has delegated contracting
50.1authority under section
50.2serve the interest of the state better than a new contract and would cost no more.
50.3 (e) A fully executed copy of every contract, amendments to the contract, and
50.4performance evaluations relating to the contract must be kept on file at the contracting
50.5agency for a time equal to that specified for contract vendors and other parties in
50.6subdivision 5.
50.7 (f) The attorney general must periodically review and evaluate a sample of state
50.8agency contracts to ensure compliance with laws.
50.9 Sec. 63. Minnesota Statutes 2006, section 16C.08, is amended by adding a subdivision
50.10to read:
50.11 Subd. 1a. Enterprise procurement. Notwithstanding section 15.061 or any
50.12other law, the commissioner shall, to the fullest extent practicable, conduct enterprise
50.13procurements that result in the establishment of professional or technical contracts for
50.14use by multiple state agencies. The commissioner is authorized to mandate use of any
50.15contract entered into as a result of an enterprise procurement process. Agencies shall fully
50.16cooperate in the development and use of contracts entered into under this section.
50.17 Sec. 64. Minnesota Statutes 2006, section 16C.08, subdivision 2, is amended to read:
50.18 Subd. 2. Duties of contracting agency. (a) Before an agency may seek approval of
50.19a professional or technical services contract valued in excess of $5,000, it must provide
50.20the following:
50.21 (1) a description of how the proposed contract or amendment is necessary and
50.22reasonable to advance the statutory mission of the agency;
50.23 (2) a description of the agency's plan to notify firms or individuals who may be
50.24available to perform the services called for in the solicitation;
50.25 (3) a description of the performance measures or other tools that will be used to
50.26monitor and evaluate contract performance
50.27 (4) an explanation detailing, if applicable, why this procurement is being pursued
50.28unilaterally by the agency and not as an enterprise procurement.
50.29 (b) In addition to paragraph (a), the agency must certify that:
50.30 (1) no current state employee is able and available to perform the services called
50.31for by the contract;
50.32 (2) the normal competitive bidding mechanisms will not provide for adequate
50.33performance of the services;
51.1 (3) reasonable efforts will be made to publicize the availability of the contract to
51.2the public;
51.3 (4) the agency will develop and implement a written plan providing for the
51.4assignment of specific agency personnel to manage the contract, including a monitoring
51.5and liaison function, the periodic review of interim reports or other indications of past
51.6performance, and the ultimate utilization of the final product of the services;
51.7 (5) the agency will not allow the contractor to begin work before the contract is fully
51.8executed unless an exception under section
51.9the commissioner and funds are fully encumbered;
51.10 (6) the contract will not establish an employment relationship between the state or
51.11the agency and any persons performing under the contract;
51.12 (7) in the event the results of the contract work will be carried out or continued by
51.13state employees upon completion of the contract, the contractor is required to include
51.14state employees in development and training, to the extent necessary to ensure that after
51.15completion of the contract, state employees can perform any ongoing work related to
51.16the same function
51.17 (8) the agency will not contract out its previously eliminated jobs for four years
51.18without first considering the same former employees who are on the seniority unit layoff
51.19list who meet the minimum qualifications determined by the agency.
51.20 (c) A contract establishes an employment relationship for purposes of paragraph (b),
51.21clause (6), if, under federal laws governing the distinction between an employee and an
51.22independent contractor, a person would be considered an employee.
51.23 Sec. 65. Minnesota Statutes 2006, section 16C.08, subdivision 4, is amended to read:
51.24 Subd. 4. Reports. (a) The commissioner shall submit to the governor, the chairs of
51.25the house Ways and Means and senate Finance Committees, and the Legislative Reference
51.26Library a yearly listing of all contracts for professional or technical services executed.
51.27The report must identify the contractor, contract amount, duration, and services to be
51.28provided. The commissioner shall also issue yearly reports summarizing the contract
51.29review activities of the department by fiscal year.
51.30 (b) The fiscal year report must be submitted by September 1 of each year and must:
51.31 (1) be sorted by agency and by contractor;
51.32 (2) show the aggregate value of contracts issued by each agency and issued to each
51.33contractor;
51.34 (3) distinguish between contracts that are being issued for the first time and contracts
51.35that are being extended;
52.1 (4) state the termination date of each contract;
52.2 (5) identify services by commodity code, including topics such as contracts for
52.3training, contracts for research and opinions, and contracts for computer systems; and
52.4 (6) identify which contracts were awarded without following the solicitation process
52.5in this chapter because it was determined that there was only a single source for the
52.6services.
52.7 (c) Within 30 days of final completion of a contract over $50,000 covered by this
52.8subdivision, the head of the agency entering into the contract must submit a one-page
52.9report to the commissioner who must submit a copy to the Legislative Reference Library.
52.10The report must:
52.11 (1) summarize the purpose of the contract, including why it was necessary to enter
52.12into a contract;
52.13 (2) state the amount spent on the contract;
52.14
52.15
52.16
52.17chapter because it was determined that there was only a single source for the services,
52.18explain why the agency determined there was only a single source for the services
52.19 (4) include a written performance evaluation of the work done under the contract.
52.20The evaluation must include an appraisal of the contractor's timeliness, quality, cost, and
52.21overall performance in meeting the terms and objectives of the contract. Contractors may
52.22request copies of evaluations prepared under this subdivision and may respond in writing.
52.23Contractor responses must be maintained with the contract file.
52.24 Sec. 66. Minnesota Statutes 2006, section 16C.08, is amended by adding a subdivision
52.25to read:
52.26 Subd. 4b. Limitations on actions. No action may be maintained by a contractor
52.27against an employee or agency who discloses information about a current or former
52.28contractor under subdivision 4, unless the contractor demonstrates by clear and convincing
52.29evidence that:
52.30 (1) the information was false and defamatory;
52.31 (2) the employee or agency knew or should have known the information was false
52.32and acted with malicious intent to injure the current or former contractor; and
52.33 (3) the information was acted upon in a manner that caused harm to the current or
52.34former contractor.
53.1 Sec. 67. [16C.086] CALL-CENTER.
53.2 An agency may not enter into a contract for operation of a call-center, or a contract
53.3whose primary purpose is to provide similar services answering or responding to telephone
53.4calls on behalf of an agency without determining if the service can be provided by state
53.5employees, and the services must be provided at offices located in the United States. For
53.6purposes of this section, "agency" includes the Minnesota State Colleges and Universities.
53.7EFFECTIVE DATE.This section is effective the day following final enactment,
53.8and applies to a contract entered into or renewed or otherwise extended after that date.
53.9 Sec. 68. Minnesota Statutes 2006, section 16C.10, subdivision 7, is amended to read:
53.10 Subd. 7. Reverse auction. (a) For the purpose of this subdivision, "reverse auction"
53.11means a purchasing process in which vendors compete to provide goods or
53.12services at the lowest selling price in an open and interactive environment. Reverse
53.13auctions may not be utilized to procure engineering design services or architectural
53.14services or to establish building and construction contracts under sections 16C.26 to
53.1516C.29.
53.16 (b) The provisions of sections
53.17do not apply when the commissioner determines that a reverse auction is the appropriate
53.18purchasing process.
53.19 Sec. 69. Minnesota Statutes 2006, section 16C.16, subdivision 5, is amended to read:
53.20 Subd. 5. Designation of targeted groups. (a) The commissioner of administration
53.21shall periodically designate businesses that are majority owned and operated by women,
53.22persons with a substantial physical disability, or specific minorities as targeted group
53.23businesses within purchasing categories as determined by the commissioner. A group
53.24may be targeted within a purchasing category if the commissioner determines there is a
53.25statistical disparity between the percentage of purchasing from businesses owned by
53.26group members and the representation of businesses owned by group members among all
53.27businesses in the state in the purchasing category.
53.28 (b) In addition to designations under paragraph (a), an individual business may be
53.29included as a targeted group business if the commissioner determines that inclusion is
53.30necessary to remedy discrimination against the owner based on race, gender, or disability
53.31in attempting to operate a business that would provide goods or services to public agencies.
53.32 (c) In addition to the designations under paragraphs (a) and (b), the commissioner of
53.33administration shall designate businesses that are majority owned and operated by veterans
53.34who have served in federal active service as defined in section 190.05, subdivision 5c, in
54.1support of Operation Enduring Freedom or Operation Iraqi Freedom as targeted group
54.2businesses within purchasing categories as determined by the commissioner. "Veteran"
54.3has the meaning given in section 197.447, and also includes both currently serving and
54.4honorably discharged members of the national guard and other military reserves.
54.5
54.6(a)
54.7rulemaking procedures of that chapter.
54.8EFFECTIVE DATE.This section is effective July 1, 2007, and applies to
54.9procurement contract bid solicitations issued on and after that date.
54.10 Sec. 70. [16C.251] BEST AND FINAL OFFER.
54.11 A "best and final offer" solicitation process may not be used for building and
54.12construction contracts.
54.13 Sec. 71. [16E.22] LICENSING SYSTEM.
54.14 The state chief information officer may enter into a professional or technical services
54.15contract for information systems development in which the vendor finances all or part of
54.16the cost of system development. The state chief information officer may assess and accept
54.17a fee for business and occupational licenses for the purpose of developing and maintaining
54.18a licensing system. Before implementing a fee under this section, the director must submit
54.19the proposed fee to the Legislative Advisory Commission for its review.
54.20 Sec. 72. Minnesota Statutes 2006, section 37.06, is amended to read:
54.2137.06 SECRETARY; LEGISLATIVE AUDITOR; DUTIES; REPORT.
54.22 The secretary shall keep a complete record of the proceedings of the annual meetings
54.23of the State Agricultural Society and all meetings of the board of managers and any
54.24committee of the board, keep all accounts of the society other than those kept by the
54.25treasurer of the society, and perform other duties as directed by the board of managers. On
54.26or before December 31 each year, the secretary shall report to the governor for the fiscal
54.27year ending October 31 all the proceedings of the society during the current year and its
54.28financial condition as appears from its books. This report must contain a full, detailed
54.29statement of all receipts and expenditures during the year.
54.30 The books and accounts of the society for the fiscal year must be examined and
54.31audited annually by the legislative auditor. The cost of the examination must be paid by the
54.32society to the state and credited to the
55.1 A summary of this examination, certified by the legislative auditor, must be
55.2appended to the secretary's report, along with the legislative auditor's recommendations
55.3and the proceedings of the first annual meeting of the society held following the secretary's
55.4report, including addresses made at the meeting as directed by the board of managers. The
55.5summary, recommendations, and proceedings must be printed in the same manner as the
55.6reports of state officers. Copies of the report must be printed annually and distributed as
55.7follows: to each society or association entitled to membership in the society, to each
55.8newspaper in the state, and the remaining copies as directed by the board of managers.
55.9EFFECTIVE DATE.This section is effective the day following final enactment.
55.10 Sec. 73. Minnesota Statutes 2006, section 43A.02, is amended by adding a subdivision
55.11to read:
55.12 Subd. 18a. Domestic partner. "Domestic partner" means a person who has entered
55.13into a committed interdependent relationship with another adult, where the partners:
55.14 (1) are responsible for each other's basic common welfare;
55.15 (2) share a common residence and intend to do so indefinitely;
55.16 (3) are not related by blood or adoption to an extent that would prohibit marriage in
55.17this state; and
55.18 (4) are legally competent and qualified to enter into a contract.
55.19 For purposes of this subdivision, domestic partners may share a common residence,
55.20even if:
55.21 (1) they do not each have a legal right to possess the residence; or
55.22 (2) one or both domestic partners possess additional real property.
55.23 If one domestic partner temporarily leaves the common residence with the intention
55.24to return, the domestic partners continue to share a common residence for the purposes
55.25of this subdivision.
55.26 Sec. 74. Minnesota Statutes 2006, section 43A.24, subdivision 1, is amended to read:
55.27 Subdivision 1. General. Employees, including persons on layoff from a civil
55.28service position, and employees who are employed less than full time, shall be eligible
55.29for state paid life insurance and hospital, medical and dental benefits as provided in
55.30collective bargaining agreements or plans established pursuant to section
55.31collective bargaining agreement or plan provides state paid health insurance for spouses of
55.32employees, the insurance must be made available to domestic partners of state employees
55.33on the same terms and conditions.
56.1 Sec. 75. Minnesota Statutes 2006, section 43A.49, is amended to read:
56.243A.49 VOLUNTARY UNPAID LEAVE OF ABSENCE.
56.3 (a) Appointing authorities in state government may allow each employee to take
56.4unpaid leaves of absence for up to 1,040 hours
56.5
56.6two-year period beginning July 1 of each odd-numbered year. Each appointing authority
56.7approving such a leave shall allow the employee to continue accruing vacation and
56.8sick leave, be eligible for paid holidays and insurance benefits, accrue seniority, and, if
56.9payments are made under paragraph (b), accrue service credit and credited salary in the
56.10state retirement plans, as if the employee had actually been employed during the time of
56.11leave. An employee covered by the unclassified plan may voluntarily make the employee
56.12contributions to the unclassified plan during the leave of absence. If the employee makes
56.13these contributions, the appointing authority must make the employer contribution. If the
56.14leave of absence is for one full pay period or longer, any holiday pay shall be included in
56.15the first payroll warrant after return from the leave of absence. The appointing authority
56.16shall attempt to grant requests for the unpaid leaves of absence consistent with the need to
56.17continue efficient operation of the agency. However, each appointing authority shall retain
56.18discretion to grant or refuse to grant requests for leaves of absence and to schedule and
56.19cancel leaves, subject to the applicable provisions of collective bargaining agreements
56.20and compensation plans.
56.21 (b) To receive eligible service credit and credited salary in a defined benefit plan, the
56.22member shall pay an amount equal to the applicable employee contribution rates. If an
56.23employee pays the employee contribution for the period of the leave under this section,
56.24the appointing authority must pay the employer contribution. The appointing authority
56.25may, at its discretion, pay the employee contributions. Contributions must be made in a
56.26time and manner prescribed by the executive director of the Minnesota State Retirement
56.27
56.28 Sec. 76. [43A.50] CERTIFICATE OF PAY EQUITY COMPLIANCE.
56.29 Subdivision 1. Scope of application. For a contract for goods or services in excess
56.30of $100,000, a state department or agency may not accept a bid or proposal from a
56.31business having more than 40 full-time employees within the state on a single working
56.32day during the previous 12 months unless the commissioner has approved the business'
56.33plan to establish equitable compensation relationships for its employees and has issued the
56.34business a certificate of compliance. A certificate of compliance is valid for two years.
57.1 Subd. 2. Compliance; good faith effort. (a) The commissioner must approve a
57.2plan and issue a certificate of compliance under this section to a business if the business
57.3demonstrates that it is in compliance with equitable compensation relationship standards
57.4or is making a good faith effort to achieve compliance with those standards. The standards
57.5for determining equitable compensation relationships for a business under this section
57.6are the same as the standards in sections 471.991 to 471.997 and rules adopted under
57.7those sections.
57.8 (b) A business that is not in compliance with equitable compensation relationship
57.9standards is making a good faith effort to achieve compliance if the commissioner has
57.10approved:
57.11 (1) a plan for achieving compliance, including the business' proposed actions and
57.12response to the commissioner's recommendations; and
57.13 (2) a proposed date for achieving compliance and for submitting a revised report
57.14for the commissioner's review.
57.15 Subd. 3. Filing fee; account; appropriation. The commissioner shall collect
57.16a $75 fee for each certificate of compliance issued by the commissioner under this
57.17section. The proceeds of the fee must be deposited in a pay equity fee special revenue
57.18account. Money in the account is appropriated to the commissioner to fund the cost of
57.19administering this section.
57.20 Subd. 4. Revocation of certificate. A certificate of compliance may be suspended or
57.21revoked by the commissioner of administration if a holder of a certificate is not effectively
57.22implementing or making a good faith effort to implement its approved plan to establish
57.23equitable compensation relationships. If a contractor does not effectively implement its
57.24approved plan, or fails to make a good faith effort to do so, the commissioner of employee
57.25relations may refuse to approve subsequent plans submitted by that business.
57.26 Subd. 5. Revocation of contract. A contract awarded by a department or agency of
57.27the state may be terminated or abridged by the contracting department or agency because
57.28of suspension or revocation of a certificate. If a contract is awarded to a person who
57.29does not have a contract compliance certificate required, the commissioner may void
57.30the contract on behalf of the state.
57.31 Subd. 6. Technical assistance. If the commissioner of administration has
57.32suspended a contractor's certificate of compliance, the commissioner shall provide
57.33technical assistance that may enable the contractor to be recertified within 90 days after
57.34the contractor's certificate has been suspended.
57.35 Subd. 7. Access to data. Data submitted to the commissioner by a contractor
57.36or potential contractor for purposes of obtaining a certificate of compliance under this
58.1section are private data on individuals or nonpublic data with respect to persons other
58.2than department employees. The commissioner's decision to grant, not grant, revoke, or
58.3suspend a certificate of compliance is public data.
58.4EFFECTIVE DATE.This section is effective July 1, 2007, and applies to contracts
58.5for which a state department or agency issues solicitations on or after that date.
58.6 Sec. 77. Minnesota Statutes 2006, section 103D.355, is amended to read:
58.7103D.355 ANNUAL AUDIT.
58.8 Subdivision 1. Requirement. The managers must have an annual audit completed
58.9of the books and accounts of the watershed district. The annual audit may be made by
58.10a private certified public accountant or by the state auditor.
58.11
58.12
58.13
58.14 Subd. 2. Audit by state auditor. (a)
58.15state auditor
58.16watershed district or resolution of the managers of the watershed district. The petition
58.17must request an annual audit pursuant to the authority granted municipalities under
58.18sections
58.19records as the state auditor may deem the public interest to demand.
58.20 (b) If the audit or examination is made by the state auditor, the watershed
58.21district receiving the examination must pay the state the total cost and expenses of the
58.22examination, including the salaries paid to the examiners while actually engaged in
58.23making the examination. The general fund must be credited with all collections made
58.24for examinations under this subdivision.
58.25 Subd. 3. Reports for state auditor. The managers must make and submit reports
58.26demanded by the state auditor.
58.27 Sec. 78. Minnesota Statutes 2006, section 161.1419, subdivision 8, is amended to read:
58.28 Subd. 8. Expiration. The commission expires on June 30,
58.29 Sec. 79. Minnesota Statutes 2006, section 181.9413, is amended to read:
58.30181.9413 SICK
58.31CARE FOR CERTAIN RELATIVES.
59.1 (a) An employee may use personal sick leave benefits provided by the employer
59.2for absences due to an illness of or injury to the employee's child, spouse, sibling, parent,
59.3grandparent, stepparent, or domestic partner for such reasonable periods as the employee's
59.4attendance
59.5is able to use sick leave benefits for the employee's own illness or injury. This section
59.6applies only to personal sick leave benefits payable to the employee from the employer's
59.7general assets.
59.8 (b) For purposes of this section, "personal sick leave benefits" means time accrued
59.9and available to an employee to be used as a result of absence from work due to personal
59.10illness or injury, but does not include short-term or long-term disability or other salary
59.11continuation benefits.
59.12 (c) For purposes of this section, "domestic partner" means a person who has entered
59.13into a committed interdependent relationship with another adult, where the partners:
59.14 (1) are responsible for each other's basic common welfare;
59.15 (2) share a common residence and intend to do so indefinitely;
59.16 (3) are not related by blood or adoption to an extent that would prohibit marriage in
59.17this state; and
59.18 (4) are legally competent and qualified to enter into a contract.
59.19 For purposes of this section, domestic partners may share a common residence even
59.20if they do not have a legal right to possess the residence or one or both domestic partners
59.21possess additional real property.
59.22 If one domestic partner temporarily leaves the common residence with the intention
59.23to return, the domestic partners continue to share a common residence for the purposes
59.24of this section.
59.25EFFECTIVE DATE.This section is effective August 1, 2007, and applies to sick
59.26leave used on or after that date.
59.27 Sec. 80. Minnesota Statutes 2006, section 302A.821, subdivision 4, is amended to read:
59.28 Subd. 4. Penalty; reinstatement. (a) A corporation that has failed to file a
59.29registration pursuant to the requirements of subdivision 2 must be dissolved by the
59.30secretary of state as described in paragraph (b).
59.31 (b) If the corporation has not filed the registration
59.32any calendar
59.33dissolution and the certificate must be filed in the Office of the Secretary of State.
59.34
59.35
60.1
60.2
60.3
60.4
60.5
60.6
60.7an electronic format the names of the dissolved corporations. A corporation dissolved in
60.8this manner is not entitled to the benefits of section
60.9shareholders of a corporation dissolved in this manner shall be determined and limited in
60.10accordance with section
60.11any director of the corporation under section
60.12 (c) After administrative dissolution, filing a registration and the $25 fee with the
60.13secretary of state:
60.14 (1) returns the corporation to good standing as of the date of the dissolution;
60.15 (2) validates contracts or other acts within the authority of the articles, and the
60.16corporation is liable for those contracts or acts; and
60.17 (3) restores to the corporation all assets and rights of the corporation to the extent
60.18they were held by the corporation before the dissolution occurred, except to the extent that
60.19assets or rights were affected by acts occurring after the dissolution or sold or otherwise
60.20distributed after that time.
60.21EFFECTIVE DATE.This section is effective January 1, 2008.
60.22 Sec. 81. Minnesota Statutes 2006, section 308A.995, subdivision 4, is amended to read:
60.23 Subd. 4. Penalty; dissolution. (a) A cooperative that has failed to file a registration
60.24pursuant to the requirements of this section by December 31 of the calendar year for which
60.25the registration was required must be dissolved by the secretary of state as described in
60.26paragraph (b).
60.27 (b) If the cooperative has not filed the registration by December 31 of that calendar
60.28year, the secretary of state must issue a certificate of involuntary dissolution, and the
60.29certificate must be filed in the Office of the Secretary of State.
60.30
60.31
60.32
60.33format the names of the dissolved cooperatives. A cooperative dissolved in this manner is
60.34not entitled to the benefits of section
61.1EFFECTIVE DATE.This section is effective January 1, 2008.
61.2 Sec. 82. Minnesota Statutes 2006, section 308B.121, subdivision 4, is amended to read:
61.3 Subd. 4. Penalty; dissolution. (a) A cooperative that has failed to file a registration
61.4under the requirements of this section must be dissolved by the secretary of state as
61.5described in paragraph (b).
61.6 (b) If the cooperative has not filed the registration by December 31 of that calendar
61.7year, the secretary of state must issue a certificate of involuntary dissolution and the
61.8certificate must be filed in the Office of the Secretary of State.
61.9
61.10
61.11
61.12
61.13not entitled to the benefits of section
61.14EFFECTIVE DATE.This section is effective January 1, 2008.
61.15 Sec. 83. Minnesota Statutes 2006, section 308B.215, subdivision 2, is amended to read:
61.16 Subd. 2. Filing. The original articles and a designation of the cooperative's
61.17registered office and agent
61.18be filed with the secretary of state. The fee for filing the articles with the secretary of
61.19state is $60.
61.20EFFECTIVE DATE.This section is effective August 1, 2007.
61.21 Sec. 84. [308B.903] NOTICE OF INTENT TO DISSOLVE.
61.22 Before a cooperative begins dissolution, a notice of intent to dissolve must be filed
61.23with the secretary of state. The notice must contain:
61.24 (1) the name of the cooperative;
61.25 (2) the date and place of the members' meeting at which the resolution was
61.26approved; and
61.27 (3) a statement that the requisite vote of the members approved the proposed
61.28dissolution.
61.29EFFECTIVE DATE.This section is effective August 1, 2007.
61.30 Sec. 85. Minnesota Statutes 2006, section 317A.823, subdivision 1, is amended to read:
62.1 Subdivision 1. Annual registration. (a) The secretary of state must send annually
62.2to each corporation at the registered office of the corporation a postcard notice announcing
62.3the need to file the annual registration and informing the corporation that the annual
62.4registration may be filed online and that paper filings may also be made, and informing
62.5the corporation that failing to file the annual registration will result in an administrative
62.6dissolution of the corporation.
62.7 (b)
62.8beginning in the calendar year following the calendar year in which a corporation
62.9incorporates, a corporation must file with the secretary of state by December 31 of each
62.10calendar year a registration containing the information listed in paragraph (c).
62.11 (c) The registration must include:
62.12 (1) the name of the corporation;
62.13 (2) the address of its registered office;
62.14 (3) the name of its registered agent, if any; and
62.15 (4) the name and business address of the officer or other person exercising the
62.16principal functions of president of the corporation.
62.17
62.18
62.19
62.20
62.21
62.22
62.23
62.24
62.25
62.26
62.27
62.28
62.29
62.30EFFECTIVE DATE.This section is effective August 1, 2007.
62.31 Sec. 86. Minnesota Statutes 2006, section 321.0206, is amended to read:
62.32321.0206 DELIVERY TO AND FILING OF RECORDS BY SECRETARY OF
62.33STATE; EFFECTIVE TIME AND DATE.
63.1 (a) A record authorized or required to be delivered to the secretary of state for filing
63.2under this chapter must be captioned to describe the record's purpose, be in a medium
63.3permitted by the secretary of state, and be delivered to the secretary of state. Unless the
63.4secretary of state determines that a record does not comply with the filing requirements
63.5of this chapter, and if the appropriate filing fees have been paid, the secretary of state
63.6shall file the record and:
63.7 (1) for a statement of dissociation, send:
63.8 (A) a copy of the filed statement to the person which the statement indicates has
63.9dissociated as a general partner; and
63.10 (B) a copy of the filed statement to the limited partnership;
63.11 (2) for a statement of withdrawal, send:
63.12 (A) a copy of the filed statement to the person on whose behalf the record was
63.13filed; and
63.14 (B) if the statement refers to an existing limited partnership, a copy of the filed
63.15statement to the limited partnership; and
63.16 (3) for all other records, send a copy of the filed record to the person on whose
63.17behalf the record was filed.
63.18 (b) Upon request and payment of a fee, the secretary of state shall send to the
63.19requester a certified copy of the requested record.
63.20 (c) Except as otherwise provided in sections
63.21delivered to the secretary of state for filing under this chapter may specify an effective
63.22time and a delayed effective date. Except as otherwise provided in this chapter, a record
63.23filed by the secretary of state is effective:
63.24 (1) if the record does not specify an effective time and does not specify a delayed
63.25effective date, on the date and at the time the record is filed as evidenced by the secretary
63.26of state's endorsement of the date and time on the record;
63.27 (2) if the record specifies an effective time but not a delayed effective date, on the
63.28date the record is filed at the time specified in the record;
63.29 (3) if the record specifies a delayed effective date but not an effective time, at 12:01
63.30a.m. on the earlier of:
63.31 (A) the specified date; or
63.32 (B) the 30th day after the record is filed; or
63.33 (4) if the record specifies an effective time and a delayed effective date, at the
63.34specified time on the earlier of:
63.35 (A) the specified date; or
63.36 (B) the 30th day after the record is filed.
64.1 (d) The appropriate fees for filings under this chapter are:
64.2 (1) for filing a certificate of limited partnership, $100;
64.3 (2) for filing an amended certificate of limited partnership, $50;
64.4 (3) for filing any other record, other than the annual report required by section
64.5321.0210, for which no fee must be charged, required or permitted to be delivered for
64.6filing, $35;
64.7 (4) for filing a certificate requesting authority to transact business in Minnesota as a
64.8foreign limited partnership, $85;
64.9 (5) for filing an application of reinstatement, $25;
64.10 (6) for filing a name reservation for a foreign limited partnership name, $35; and
64.11 (7) for filing any other record, other than the annual report required by section
64.12321.0210, for which no fee must be charged, required or permitted to be delivered for
64.13filing on a foreign limited partnership authorized to transact business in Minnesota, $50.
64.14EFFECTIVE DATE.This section is effective July 1, 2007.
64.15 Sec. 87. [321.0909] NAME CHANGES FILED IN HOME STATE.
64.16 A foreign limited partnership shall notify the secretary of state of any changes to the
64.17partnership name filed with the state of formation by filing a certificate from the state of
64.18formation certifying to the change of name.
64.19EFFECTIVE DATE.This section is effective August 1, 2007.
64.20 Sec. 88. Minnesota Statutes 2006, section 336.1-110, is amended to read:
64.21336.1-110 UNIFORM COMMERCIAL CODE ACCOUNT.
64.22 The Uniform Commercial Code account is established as an account in the state
64.23treasury. Fees that are not expressly set by statute but are charged by the secretary of state
64.24to offset the costs of providing a service under this chapter must be deposited in the state
64.25treasury and credited to the Uniform Commercial Code account.
64.26 Fees that are not expressly set by statute but are charged by the secretary of state
64.27to offset the costs of providing information contained in the computerized records
64.28maintained by the secretary of state must be deposited in the state treasury and credited to
64.29the Uniform Commercial Code account.
64.30 Money in the Uniform Commercial Code account is continuously appropriated to the
64.31secretary of state to implement and maintain the central filing system under this chapter,
64.32to provide, improve, and expand other online or remote lien and business entity filing,
65.1retrieval, and payment method services provided by the secretary of state, and to provide
65.2electronic access to other computerized records maintained by the secretary of state.
65.3EFFECTIVE DATE.This section is effective August 1, 2007.
65.4 Sec. 89. Minnesota Statutes 2006, section 336.9-516, is amended to read:
65.5336.9-516 WHAT CONSTITUTES FILING; EFFECTIVENESS OF FILING.
65.6 (a) What constitutes filing. Except as otherwise provided in subsection (b),
65.7communication of a record to a filing office and tender of the filing fee or acceptance of
65.8the record by the filing office constitutes filing.
65.9 (b) Refusal to accept record; filing does not occur. Filing does not occur with
65.10respect to a record that a filing office refuses to accept because:
65.11 (1) the record is not communicated by a method or medium of communication
65.12authorized by the filing office. For purposes of filing office authorization, transmission of
65.13records using the Extensible Markup Language (XML) format is authorized by the filing
65.14office after the later of July 1, 2007, or the determination of the secretary of state that the
65.15central filing system is capable of receiving and processing these records;
65.16 (2) an amount equal to or greater than the applicable filing fee is not tendered;
65.17 (3) the filing office is unable to index the record because:
65.18 (A) in the case of an initial financing statement, the record does not provide a name
65.19for the debtor;
65.20 (B) in the case of an amendment or correction statement, the record:
65.21 (i) does not identify the initial financing statement as required by section
65.22or
65.23 (ii) identifies an initial financing statement whose effectiveness has lapsed under
65.24section
65.25 (C) in the case of an initial financing statement that provides the name of a debtor
65.26identified as an individual or an amendment that provides a name of a debtor identified as
65.27an individual which was not previously provided in the financing statement to which the
65.28record relates, the record does not identify the debtor's last name; or
65.29 (D) in the case of a record filed or recorded in the filing office described in section
65.31to which it relates;
65.32 (4) in the case of an initial financing statement or an amendment that adds a secured
65.33party of record, the record does not provide a name and mailing address for the secured
65.34party of record;
66.1 (5) in the case of an initial financing statement or an amendment that provides a
66.2name of a debtor which was not previously provided in the financing statement to which
66.3the amendment relates, the record does not:
66.4 (A) provide a mailing address for the debtor;
66.5 (B) indicate whether the debtor is an individual or an organization; or
66.6 (C) if the financing statement indicates that the debtor is an organization, provide:
66.7 (i) a type of organization for the debtor;
66.8 (ii) a jurisdiction of organization for the debtor; or
66.9 (iii) an organizational identification number for the debtor or indicate that the debtor
66.10has none;
66.11 (6) in the case of an assignment reflected in an initial financing statement under
66.12section
66.13not provide a name and mailing address for the assignee; or
66.14 (7) in the case of a continuation statement, the record is not filed within the
66.15six-month period prescribed by section
66.16 (c) Rules applicable to subsection (b). For purposes of subsection (b):
66.17 (1) a record does not provide information if the filing office is unable to read or
66.18decipher the information; and
66.19 (2) a record that does not indicate that it is an amendment or identify an initial
66.20financing statement to which it relates, as required by section
66.22 (d) Refusal to accept record; record effective as filed record. A record that is
66.23communicated to the filing office with tender of the filing fee, but which the filing office
66.24refuses to accept for a reason other than one set forth in subsection (b), is effective as a
66.25filed record except as against a purchaser of the collateral which gives value in reasonable
66.26reliance upon the absence of the record from the files.
66.27EFFECTIVE DATE.This section is effective August 1, 2007.
66.28 Sec. 90. Minnesota Statutes 2006, section 336.9-525, is amended to read:
66.29336.9-525 FEES.
66.30 (a) Initial financing statement or other record: general rule. Except as otherwise
66.31provided in subsection (d), the fee for filing and indexing a record under this part
66.32
66.33collected for each request delivered online must be deposited in the uniform commercial
66.34code account.
67.1 (b) Number of names. The number of names required to be indexed does not
67.2affect the amount of the fee in subsection (a).
67.3 (c) Response to information request. The fee for responding to a request for
67.4information from the filing office, including for issuing a certificate showing whether there
67.5is on file any financing statement naming a particular debtor,
67.6
67.7request delivered online must be deposited in the uniform commercial code account.
67.8 (d) Record of mortgage. This section does not require a fee with respect to a record
67.9of a mortgage which is effective as a financing statement filed as a fixture filing or as a
67.10financing statement covering as-extracted collateral or timber to be cut under section
67.12applicable to the record of the mortgage apply.
67.13EFFECTIVE DATE.This section is effective July 1, 2007.
67.14 Sec. 91. [349A.021] LOTTERY OFFICES.
67.15 The State Lottery may not move its operations at its Mountain Iron location to a
67.16location outside the Quad-City area of Mountain Iron, Eveleth, Gilbert, and Virginia, and
67.17may not reduce the complement of staff employed at this office.
67.18EFFECTIVE DATE.This section is effective the day following final enactment.
67.19 Sec. 92. Minnesota Statutes 2006, section 356.219, subdivision 1, is amended to read:
67.20 Subdivision 1. Report required. (a) Except as indicated in subdivision 4, the State
67.21Board of Investment, on behalf of the public pension funds and programs for which it is
67.22the investment authority, and any Minnesota public pension plan that is not fully invested
67.23through the State Board of Investment, including a local police or firefighters relief
67.24association governed by sections
67.25specified in subdivision 3 to the state auditor. A report under this section must be filed
67.26electronically with the state auditor, unless the state auditor determines that it is not
67.27feasible for a particular plan or association to file electronically. The state auditor may
67.28prescribe
67.29format for reports required by this section. The state auditor must attempt to provide
67.30access on the state auditor's Web site to reports filed under this section.
67.31 (b) A local police or firefighters relief association governed by section
67.32sections
67.33this section if all assets of the applicable pension plan beyond sufficient cash equivalent
68.1investments to cover six months expected expenses are invested under section
68.2The board of any fully invested public pension plan remains responsible for submitting
68.3investment policy statements and subsequent revisions as required by subdivision 3,
68.4paragraph (a).
68.5 (c) For purposes of this section, the State Board of Investment is considered to be
68.6the investment authority for any Minnesota public pension fund required to be invested by
68.7the State Board of Investment under section
68.8fund authorized to invest in the supplemental investment fund under section
68.9which is fully invested by the State Board of Investment.
68.10 Sec. 93. Minnesota Statutes 2006, section 358.41, is amended to read:
68.11358.41 DEFINITIONS.
68.12 As used in sections
68.13 (1) "Notarial act" means any act that a notary public of this state is authorized to
68.14perform, and includes taking an acknowledgment, administering an oath or affirmation,
68.15taking a verification upon oath or affirmation, witnessing or attesting a signature, certifying
68.16or attesting a copy, and noting a protest of a negotiable instrument. A notary public may
68.17perform a notarial act by electronic means.
68.18 (2) "Acknowledgment" means a declaration by a person that the person has executed
68.19an instrument or electronic record for the purposes stated therein and, if the instrument
68.20or electronic record is executed in a representative capacity, that the person signed
68.21the instrument with proper authority and executed it as the act of the person or entity
68.22represented and identified therein.
68.23 (3) "Verification upon oath or affirmation" means a declaration that a statement is
68.24true made by a person upon oath or affirmation.
68.25 (4) "In a representative capacity" means:
68.26 (i) for and on behalf of a corporation, partnership, limited liability company, trust, or
68.27other entity, as an authorized officer, agent, partner, trustee, or other representative;
68.28 (ii) as a public officer, personal representative, guardian, or other representative,
68.29in the capacity recited in the instrument;
68.30 (iii) as an attorney in fact for a principal; or
68.31 (iv) in any other capacity as an authorized representative of another.
68.32 (5) "Notarial officer" means a notary public or other officer authorized to perform
68.33notarial acts.
69.1 (6) "Electronic signature" means an electronic sound, symbol, or process attached
69.2to or logically associated with a record and executed or adopted by a person with the
69.3intent to sign the record.
69.4 (7) "Electronic record" means a record created, generated, sent, communicated,
69.5received, or stored by electronic means.
69.6EFFECTIVE DATE.This section is effective August 1, 2007.
69.7 Sec. 94. Minnesota Statutes 2006, section 358.42, is amended to read:
69.8358.42 NOTARIAL ACTS.
69.9 (a) In taking an acknowledgment, the notarial officer must determine, either from
69.10personal knowledge or from satisfactory evidence, that the person appearing before the
69.11officer and making the acknowledgment is the person whose true signature is on the
69.12instrument or electronic record.
69.13 (b) In taking a verification upon oath or affirmation, the notarial officer must
69.14determine, either from personal knowledge or from satisfactory evidence, that the person
69.15appearing before the officer and making the verification is the person whose true signature
69.16is made in the presence of the officer on the statement verified.
69.17 (c) In witnessing or attesting a signature the notarial officer must determine, either
69.18from personal knowledge or from satisfactory evidence, that the signature is that of the
69.19person appearing before the officer and named therein. When witnessing or attesting a
69.20signature, the officer must be present when the signature is made.
69.21 (d) In certifying or attesting a copy of a document, electronic record, or other item,
69.22the notarial officer must determine that the proffered copy is a full, true, and accurate
69.23transcription or reproduction of that which was copied.
69.24 (e) In making or noting a protest of a negotiable instrument or electronic record the
69.25notarial officer must determine the matters set forth in section
69.26 (f) A notarial officer has satisfactory evidence that a person is the person whose true
69.27signature is on a document or electronic record if that person (i) is personally known to
69.28the notarial officer, (ii) is identified upon the oath or affirmation of a credible witness
69.29personally known to the notarial officer, or (iii) is identified on the basis of identification
69.30documents.
69.31EFFECTIVE DATE.This section is effective August 1, 2007.
69.32 Sec. 95. Minnesota Statutes 2006, section 358.50, is amended to read:
69.33358.50 EFFECT OF ACKNOWLEDGMENT.
70.1 An acknowledgment made in a representative capacity for and on behalf of a
70.2corporation, partnership, limited liability company, trust, or other entity and certified
70.3substantially in the form prescribed in this chapter is prima facie evidence that the
70.4instrument or electronic record was executed and delivered with proper authority.
70.5EFFECTIVE DATE.This section is effective August 1, 2007.
70.6 Sec. 96. Minnesota Statutes 2006, section 359.085, subdivision 2, is amended to read:
70.7 Subd. 2. Verifications. In taking a verification upon oath or affirmation, the notarial
70.8officer must determine, either from personal knowledge or from satisfactory evidence, that
70.9the person appearing before the officer and making the verification is the person whose
70.10true signature is made in the presence of the officer on the statement verified.
70.11EFFECTIVE DATE.This section is effective August 1, 2007.
70.12 Sec. 97. Minnesota Statutes 2006, section 359.085, subdivision 3, is amended to read:
70.13 Subd. 3. Witnessing or attesting signatures. In witnessing or attesting a signature,
70.14the notarial officer must determine, either from personal knowledge or from satisfactory
70.15evidence, that the signature is that of the person appearing before the officer and named in
70.16the document or electronic record. When witnessing or attesting a signature, the officer
70.17must be present when the signature is made.
70.18EFFECTIVE DATE.This section is effective August 1, 2007.
70.19 Sec. 98. Minnesota Statutes 2006, section 471.61, subdivision 1a, is amended to read:
70.20 Subd. 1a. Dependents. Notwithstanding the provisions of Minnesota Statutes 1969,
70.21section
70.22as used therein shall mean spouse and minor unmarried children under the age of 18 years
70.23and dependent students under the age of 25 years actually dependent upon the employee,
70.24and others as defined by governmental units at their discretion.
70.25 Sec. 99. [471.6175] TRUST FOR POSTEMPLOYMENT BENEFITS.
70.26 Subdivision 1. Authorization; establishment. A political subdivision or other
70.27public entity that creates or has created an actuarial liability to pay postemployment
70.28benefits to employees or officers after their termination of service may establish a trust to
70.29pay those benefits. For purposes of this section, the term "postemployment benefits" means
70.30benefits giving rise to a liability under Statement No. 45 of the Governmental Accounting
71.1Standards Board and the term "trust" means a trust, a trust account, or a custodial account
71.2or contract authorized under section 401(f) of the Internal Revenue Code.
71.3 Subd. 2. Purpose of trust. The trust established under this section may only be
71.4used to pay postemployment benefits and may be either revocable or irrevocable.
71.5 Subd. 3. Trust administrator. The trust administrator of a trust established under
71.6this section shall be either:
71.7 (1) the Public Employees Retirement Association;
71.8 (2) a bank or banking association incorporated under the laws of the United States or
71.9of any state and authorized by the laws under which it is organized to exercise corporate
71.10trust powers; or
71.11 (3) an insurance company or agency qualified to do business in Minnesota which has
71.12at least five years experience in investment products and services for group retirement
71.13benefits and which has a specialized department dedicated to services for retirement
71.14investment products.
71.15 A political subdivision or public entity may, in its discretion and in compliance
71.16with any applicable trust document, change trust administrators and transfer trust assets
71.17accordingly.
71.18 Subd. 4. Account maintenance. A political subdivision or other public entity may
71.19establish a trust account to be held under the supervision of the trust administrator for the
71.20purposes of this section. A trust administrator shall establish a separate account for each
71.21participating political subdivision or public entity. The trust administrator may charge
71.22participating political subdivisions and public entities fees for reasonable administrative
71.23costs. The amount of any fees charged by the Public Employees Retirement Association
71.24is appropriated to the association from the account. A trust administrator may establish
71.25other reasonable terms and conditions for creation and maintenance of these accounts.
71.26The trust administrator must report electronically to the state auditor the portfolio and
71.27performance information specified in section 356.219, subdivision 3, in the manner
71.28prescribed by the state auditor.
71.29 Subd. 5. Investment. (a) The assets of a trust or trust account shall be invested and
71.30held as stipulated in paragraphs (b) to (e).
71.31 (b) The Public Employees Retirement Association must certify all money in the trust
71.32accounts for which it is trust administrator to the State Board of Investment for investment
71.33under section 11A.14, subject to the policies and procedures established by the State
71.34Board of Investment. Investment earnings must be credited to the trust account of the
71.35individual political subdivision or public entity.
72.1 (c) A trust administrator, other than the Public Employees Retirement Association,
72.2must ensure that all money in the trust accounts for which it is trust administrator is
72.3invested by a registered investment adviser, a bank investment trust department, or an
72.4insurance company or agency retirement investment department. Investment earnings
72.5must be credited to the trust account of the individual political subdivision or public entity.
72.6 (d) For trust assets invested by the State Board of Investment, the investment
72.7restrictions shall be the same as those generally applicable to the State Board of
72.8Investment. For trust assets invested by a trust administrator other than the Public
72.9Employees Retirement Association, the assets may only be invested in investments
72.10authorized under chapter 118A or section 356A.06, subdivision 7, in the manner specified
72.11in the applicable trust document.
72.12 (e) A political subdivision or public entity may provide investment direction to a
72.13trust administrator in compliance with any applicable trust document.
72.14 Subd. 6. Limit on deposit. A political subdivision or public entity may not
72.15deposit money in a trust or trust account created pursuant to this section if the total
72.16amount invested by that political subdivision or public entity would exceed the political
72.17subdivision's or public entity's actuarially determined liabilities for postemployment
72.18benefits due to officers and employees, as determined under the applicable standards of the
72.19Governmental Accounting Standards Board.
72.20 Subd. 7. Withdrawal of funds and termination of account. (a) For a revocable
72.21account, a political subdivision or public entity may withdraw some or all of its money
72.22or terminate the trust account for any reason. Money and accrued investment earnings
72.23withdrawn from a revocable account must be deposited in a fund separate and distinct from
72.24any other funds of the political subdivision or public entity. This money, with accrued
72.25investment earnings, must be used to pay legally enforceable postemployment benefits
72.26to former officers and employees, unless (i) there has been a change in state or federal
72.27law affecting that political subdivision's or public entity's liabilities for postemployment
72.28benefits, or (ii) there has been a change in the demographic composition of that political
72.29subdivision's or public entity's employees eligible for postemployment benefits, or (iii)
72.30there has been a change in the provisions or terms of the postemployment benefits in that
72.31political subdivision or public entity including, but not limited to, the portion of the costs
72.32eligible employees must pay to receive the benefits, or (iv) other factors exist that have
72.33a material effect on that political subdivision's or public entity's actuarially determined
72.34liabilities for postemployment benefits, in which event any amount in excess of 100
72.35percent of that political subdivision's or public entity's actuarially determined liabilities for
73.1postemployment benefits, as determined under standards of the Government Accounting
73.2Standards Board, may be withdrawn and used for any purpose.
73.3 (b) For an irrevocable account, a political subdivision or public entity may withdraw
73.4money only:
73.5 (1) as needed to pay postemployment benefits owed to former officers and employees
73.6of the political subdivision or public entity; or
73.7 (2) when all postemployment benefit liability owed to former officers or employees
73.8of the political subdivision or public entity has been satisfied or otherwise defeased.
73.9 (c) A political subdivision or public entity requesting withdrawal of money from
73.10an account created under this section must do so at a time and in the manner required by
73.11the executive director of the Public Employees Retirement Association or specified in an
73.12applicable trust document. The political subdivision or public entity that created the trust
73.13must ensure that withdrawals comply with the requirements of this section.
73.14 (d) The legislature may not divert funds in these trusts or trust accounts for use for
73.15any other purpose.
73.16 Subd. 8. Status of irrevocable trust. (a) All money in an irrevocable trust or
73.17trust account created in this section is held in trust for the exclusive benefit of former
73.18officers and employees of the participating political subdivision or public entity, and are
73.19not subject to claims by creditors of the state, the participating political subdivision or
73.20public entity, the current or former officers and employees of the political subdivision
73.21or public entity, or the trust administrator.
73.22 (b) An irrevocable trust fund or trust account created in this section shall be deemed
73.23an arrangement equivalent to a trust for all legal purposes.
73.24EFFECTIVE DATE.This section is effective the day following final enactment,
73.25and is applicable immediately to all political subdivisions or public entities subject to
73.26Statement No. 45 of the Governmental Accounting Standards Board in 2007, to those
73.27political subdivisions or public entities whose trusts or trust accounts are validated
73.28by section 113, and to those political subdivisions or public entities that have begun
73.29consideration of measures to implement Statement No. 45 in 2007. This section is
73.30applicable on July 1, 2008, for all other political subdivisions or public entities.
73.31 Sec. 100. Minnesota Statutes 2006, section 473.246, is amended to read:
73.32473.246 COUNCIL'S SUBMISSIONS TO
73.33LEGISLATURE.
74.1 The Metropolitan Council shall submit to the
74.2
74.3metropolitan affairs information on the council's tax rates and dollar amounts levied for
74.4the current year, proposed property tax rates and levies, operating and capital budgets,
74.5work program, capital improvement program, and any other information requested by the
74.6
74.7relevant committees.
74.8EFFECTIVE DATE.This section is effective the day following final enactment.
74.9 Sec. 101. Minnesota Statutes 2006, section 477A.014, subdivision 4, is amended to
74.10read:
74.11 Subd. 4. Costs. The director of the Office of Strategic and Long-Range Planning
74.12shall annually bill the commissioner of revenue for one-half of the costs incurred by the
74.13state demographer in the preparation of materials required by section
74.14auditor shall bill the commissioner of revenue for the costs of best practices reviews
74.15and the services provided by the Government Information Division and the parts of the
74.16constitutional office that are related to the government information function, and for
74.17the services provided by the Tax Increment Financing Investment and Finance Division
74.18required by section 469.3201, not to exceed
74.19commissioner of administration shall bill the commissioner of revenue for the costs of
74.20the local government records program and the intergovernmental information systems
74.21activity, not to exceed $205,800 each fiscal year. The commissioner of employee relations
74.22shall bill the commissioner of revenue for the costs of administering the local government
74.23pay equity function, not to exceed $55,000 each fiscal year.
74.24 Sec. 102. Minnesota Statutes 2006, section 491A.02, subdivision 4, is amended to read:
74.25 Subd. 4. Representation. (a) A corporation, partnership, limited liability company,
74.26sole proprietorship, or association may be represented in conciliation court by an officer,
74.27manager, or partner or an agent in the case of a condominium, cooperative, or townhouse
74.28association, or may appoint a natural person who is an employee or commercial property
74.29manager to appear on its behalf or settle a claim in conciliation court. The state or a
74.30political subdivision of the state may be represented in conciliation court by an employee
74.31of the pertinent governmental unit without a written authorization. The state also may be
74.32represented in conciliation court by an employee of the Division of Risk Management of
74.33the Department of Administration without a written authorization. Representation under
74.34this subdivision does not constitute the practice of law for purposes of section
75.1subdivision 8
75.2agent of a condominium, cooperative, or townhouse association, an authorized power
75.3of attorney, corporate authorization resolution, corporate bylaw, or other evidence of
75.4authority acceptable to the court must be filed with the claim or presented at the hearing.
75.5This subdivision also applies to appearances in district court by a corporation or limited
75.6liability company with five or fewer shareholders or members and to any condominium,
75.7cooperative, or townhouse association, if the action was removed from conciliation court.
75.8 (b) "Commercial property manager" means a corporation, partnership, or limited
75.9liability company or its employees who are hired by the owner of commercial real
75.10estate to perform a broad range of administrative duties at the property including tenant
75.11relations matters, leasing, repairs, maintenance, the negotiation and resolution of tenant
75.12disputes, and related matters. In order to appear in conciliation court, a property manager's
75.13employees must possess a real estate license under section
75.14owner of the property to settle all disputes with tenants and others within the jurisdictional
75.15limits of conciliation court.
75.16 (c) A commercial property manager who is appointed to settle a claim in conciliation
75.17court may not charge or collect a separate fee for services rendered under paragraph (a).
75.18 Sec. 103. Minnesota Statutes 2006, section 507.24, subdivision 2, is amended to read:
75.19 Subd. 2. Original signatures required. (a) Unless otherwise provided by law, an
75.20instrument affecting real estate that is to be recorded as provided in this section or other
75.21applicable law must contain the original signatures of the parties who execute it and of the
75.22notary public or other officer taking an acknowledgment. However, a financing statement
75.23that is recorded as a filing pursuant to section
75.24signatures of the debtor or the secured party; or (2) an acknowledgment.
75.25 (b)(1) Any electronic instruments, including signatures and seals, affecting real
75.26estate may only be recorded as part of a pilot project for the electronic filing of real
75.27estate documents implemented by the task force created in Laws 2000, chapter 391, or
75.28by the Electronic Real Estate Recording Task Force created under section
75.29Electronic Real Estate Recording Task Force created under section 507.094 may amend
75.30standards set by the task force created in Laws 2000, chapter 391, and may set new or
75.31additional standards and establish pilot projects to the full extent permitted in section
75.32507.094, subdivision 2, paragraph (b). Documents recorded in conformity with those
75.33standards and in those pilot projects are deemed to meet the requirements of this section.
76.1 (2)(i) A county that participated in the pilot project for the electronic filing of real
76.2estate documents under the task force created in Laws 2000, chapter 391, may continue to
76.3record or file documents electronically, if:
76.4
76.5
76.6 (ii) A county that did not participate in the pilot project may record or file a real
76.7estate document electronically, if:
76.8
76.9for the electronic filing of real estate documents under the task force created in Laws
76.102000, chapter 391;
76.11
76.12
76.13
76.14certification of compliance with paragraph (b), clause (2), of this section by the county
76.15board and county recorder of the county to implement electronic filing under this section.
76.16 (c) Notices filed pursuant to section
76.17contain an acknowledgment.
76.18 Sec. 104. Laws 2006, chapter 253, section 22, subdivision 1, is amended to read:
76.19 Subdivision 1. Genetic information; work group. (a) The commissioner must
76.20create a work group to develop principles for public policy on the use of genetic
76.21information. The work group must include representatives of state government, including
76.22the judicial branch, local government, prosecutors, public defenders, the American Civil
76.23Liberties Union - Minnesota, the Citizens Council on Health Care, the University of
76.24Minnesota Center on Bioethics, the Minnesota Medical Association, the Mayo Clinic
76.25and Foundation, the March of Dimes, and representatives of employers, researchers,
76.26epidemiologists, laboratories, and insurance companies.
76.27 (b) The commissioner of administration and the work group must conduct reviews
76.28of the topics in paragraphs (c) to (f), in light of the issues raised in the report on treatment
76.29of genetic information under state law required by Laws 2005, chapter 163, section 87.
76.30The commissioner must report the results, including any recommendations for legislative
76.31changes, to the chairs of the house Civil Law Committee and the senate Judiciary
76.32Committee and the ranking minority members of those committees by January 15,
76.332009.
77.1 (c) The commissioner and the work group must determine whether changes are
77.2needed in Minnesota Statutes, section
77.3from cancer patients and their relatives.
77.4 (d) The commissioner and the work group must make recommendations whether
77.5all relatives affected by a formal three-generation pedigree created by the Department of
77.6Health should be able to access the entire data set, rather than only allowing individuals
77.7access to the data of which they are the subject.
77.8 (e) The commissioner and the work group must identify, and may make
77.9recommendations among, options for resolving questions of secondary uses of genetic
77.10information.
77.11 (f) The commissioner and the work group must make recommendations whether
77.12legislative changes are needed regarding access to DNA test results and the specimens
77.13used to create the test results held by the Bureau of Criminal Apprehension as part of
77.14a criminal investigation.
77.15 Sec. 105. FORD BUILDING.
77.16 The Ford Building at 117 University Avenue in St. Paul may not be demolished
77.17during the biennium ending June 30, 2009.
77.18 Sec. 106. TASK FORCE.
77.19 Subdivision 1. Creation. A task force is created to work with the Commissioner of
77.20Administration on a disparity study. The task force consists of one member appointed by
77.21and serving at the pleasure of each of the following groups:
77.22 (1) the Council on Asian-Pacific Minnesotans;
77.23 (2) the Council on Black Minnesotans;
77.24 (3) the Council on Affairs of Chicano/Latino people;
77.25 (4) the Indian Affairs Council;
77.26 (5) the Association of Women Contractors; and
77.27 (6) the National Association of Minority Contractors.
77.28 Subd. 2. Consultation and approval. (a) The commissioner must consult with
77.29the task force on the design of the disparity study, the nature of the services sought in a
77.30request for proposals for the study, the criteria that the commissioner will use to evaluate
77.31and select a contractor, and selection of the contractor.
77.32 (b) The commissioner must consult with the task force regarding the commissioner's
77.33interpretation of data obtained through the study, and on the commissioner's
77.34recommendations for any changes in the targeted group purchasing program resulting from
78.1the study. The task force may make its own recommendations before the commissioner
78.2presents the recommendations in a final report. If the commissioner's recommendations
78.3are different from the task force recommendations, the commissioner's report must note
78.4the differences.
78.5 Subd. 3. Support services. The commissioner must provide meeting space and
78.6administrative support to the task force.
78.7 Subd. 4. Expiration. The task force expires at the end of the regular session of the
78.8legislature at which the commissioner presents the results of the targeted group business
78.9disparity study to the legislature.
78.10 Sec. 107. VALIDATION.
78.11 Any trust or trust account or other custodial account or contract authorized under
78.12section 401(f) of the Internal Revenue Code, created prior to June 6, 2006, to pay
78.13postemployment benefits to employees or officers after termination of service, is hereby
78.14validated, may continue in full force and effect, and shall have continuing authority
78.15to accept new funds; however, this section does not validate or correct defects in any
78.16previously created trust document. Any funds held by a validated trust or account
78.17under this section may be invested as provided in Minnesota Statutes, section 471.6175,
78.18subdivision 5. A validated trust or account shall have until January 1, 2008, to bring
78.19its trust documents and procedures into compliance with Minnesota Statutes, section
78.20471.6175.
78.21EFFECTIVE DATE.This section is effective the day following final enactment.
78.22 Sec. 108. REPORT; ACCOUNTING PRINCIPLES.
78.23 By October 15, 2007, the commissioner of finance must provide a report listing
78.24specific areas where state budgeting practices differ from generally accepted accounting
78.25principles and the reasons for those differences. If that difference is a result of direction in
78.26law, the report must include the law causing the difference.
78.27 Sec. 109. BUILDING REPLACEMENT FUNDS.
78.28 In addition to the requirements in Laws 2002, chapter 400, section 13, subdivision 7,
78.29the commissioner of administration shall collect appropriate rent revenues for the Elmer L.
78.30Andersen and Orville L. Freeman buildings to be set aside in a segregated special revenue
78.31fund for deferred maintenance and other extraordinary building repairs. Funds shall be
78.32expended for these purposes as determined by the commissioner.
79.1EFFECTIVE DATE.This section is effective the day following final enactment.
79.2 Sec. 110. COMPENSATION FOR PERIOD OF PARTIAL GOVERNMENT
79.3SHUTDOWN.
79.4 Subdivision 1. Definitions; coverage. For purposes of this section:
79.5 (1) "employee" means a state employee, as defined in Minnesota Statutes, section
79.643A.02, subdivision 21, who is a state employee on the effective date of this section and
79.7who the commissioner determines was prevented from working because of the partial
79.8government shutdown; and
79.9 (2) "partial government shutdown" means the period from July 1, 2005, through July
79.1014, 2005, during which appropriations needed to fund certain state government functions
79.11had not been enacted.
79.12 Subd. 2. Credit for uncompensated hours. A state employee who was previously
79.13compensated in cash or by a credit to the employee's vacation bank for hours the employee
79.14could not work due to the partial government shutdown, must:
79.15 (1) be paid an additional amount equal to the previous payment, if the previous
79.16payment was made in cash; or
79.17 (2) have hours credited to the employee's vacation bank in the same amount as
79.18the previous credit.
79.19EFFECTIVE DATE.This section is effective the day following final enactment.
79.20The commissioner must make payments or credits required by this section within 30
79.21days of the effective date of this section.
79.22 Sec. 111. ELECTRONIC DOCUMENTS STUDY AND REPORT.
79.23 Subdivision 1. Study. The chief information officer of the state shall study
79.24how electronic documents and the mechanisms and processes for accessing and
79.25reading electronic data can be created, maintained, exchanged, and preserved by the
79.26state in a manner that encourages appropriate government control, access, choice,
79.27and interoperability. The study must consider, but not be limited to, the policies of
79.28other states and nations, management guidelines for state archives as they pertain to
79.29electronic documents, public access, expected storage life of electronic documents, costs
79.30of implementation, and savings. The chief information officer shall solicit comments
79.31regarding the creation, maintenance, exchange, and preservation of electronic documents
79.32by the state from stakeholders, including but not limited to the legislative auditor,
79.33the attorney general, the state archivist, the state legislative reference librarian, other
80.1librarians, representatives of the state historical society, and other historians. The chief
80.2information officer shall also solicit comments from members of the public.
80.3 Subd. 2. Report and recommendation. The chief information officer shall
80.4report the officer's findings and recommendations to the chairs of the senate State
80.5and Local Government Operations and Oversight Committee; house Government
80.6Operations, Reform, Technology and Elections Committee; and the senate and house State
80.7Government Finance Divisions by January 15, 2008.
80.8 Sec. 112. LABOR AGREEMENTS AND COMPENSATION PLANS.
80.9 Subdivision 1. Minnesota Law Enforcement Association. The labor agreement
80.10between the state of Minnesota and the Minnesota Law Enforcement Association,
80.11approved by the Legislative Coordinating Commission Subcommittee on Employee
80.12Relations on August 7, 2006, is ratified.
80.13 Subd. 2. Minnesota Nurses Association. The labor agreement between the
80.14state of Minnesota and the Minnesota Nurses Association, approved by the Legislative
80.15Coordinating Commission Subcommittee on Employee Relations on September 18, 2006,
80.16is ratified.
80.17 Subd. 3. Office of Higher Education. The amendments to the compensation
80.18plan for unrepresented employees of the Office of Higher Education, approved by
80.19the Legislative Coordinating Commission Subcommittee on Employee Relations on
80.20September 18, 2006, are ratified.
80.21 Subd. 4. Gambling Control Board. The proposal to increase the salary of the
80.22director of the Gambling Control Board, as approved by the Legislative Coordinating
80.23Commission Subcommittee on Employee Relations on August 7, 2006, is ratified.
80.24 Subd. 5. Public Employees Retirement Association. The proposal to increase
80.25the salary of the director of the Public Employees Retirement Association, as approved
80.26by the Legislative Coordinating Commission Subcommittee on Employee Relations on
80.27March 27, 2007, is ratified.
80.28 Subd. 6. Minnesota State Retirement System. The proposal to increase the
80.29salary of the director of the Minnesota State Retirement System, as approved by the
80.30Legislative Coordinating Commission Subcommittee on Employee Relations on March
80.3127, 2007, is ratified.
80.32 Subd. 7. Teachers Retirement Association. The proposal to increase the salary
80.33of the director of the Teachers Retirement Association, as approved by the Legislative
80.34Coordinating Commission Subcommittee on Employee Relations on March 27, 2007,
80.35is ratified.
81.1EFFECTIVE DATE.This section is effective the day following final enactment.
81.2 Sec. 113. STATE EMPLOYEES ELECTRONIC HEALTH RECORDS PILOT
81.3PROJECT.
81.4 Subdivision 1. Project established. The Minnesota State Colleges and Universities
81.5Board of Trustees (MnSCU), in collaboration with the commissioner of employee relations
81.6shall establish an enterprise-wide pilot project to provide consumer-owned electronic
81.7personal health records to MnSCU employees and all participants in the state employee
81.8group insurance program. If the Department of Employee Relations is abolished, then the
81.9Minnesota State Colleges and Universities Board of Trustees shall work in collaboration
81.10with the commissioner of the department responsible for administration of the state
81.11employee group insurance program.
81.12 Subd. 2. Project goals. The goal of the project is to provide consumer-owned
81.13electronic personal health records that are portable among health care providers, health
81.14plan companies, and employers in order to control costs, improve quality, and enhance
81.15safety, and to demonstrate the feasibility of a statewide health information exchange.
81.16The pilot project shall coordinate to the extent possible with other health information
81.17consumer engagement initiatives in Minnesota designed to support the goal of statewide
81.18health information exchange. The electronic personal health records may provide, but
81.19are not limited to, the following:
81.20 (1) access to electronic medical records;
81.21 (2) prescription and appointment information;
81.22 (3) information regarding health education, public health, and health cost
81.23management; and
81.24 (4) privacy, security, and HIPAA compliance.
81.25 Sec. 114. VALUE-ADDED CONTRACT AUTHORITY.
81.26 (a) The director of the Office of Enterprise Technology, with approval of
81.27the commissioner of finance, may enter into contracts for: (1) development and
81.28implementation of an electronic system for executive branch state agencies to issue
81.29licenses; and (2) development and implementation of an integrated system to support
81.30tax processing, reporting, and enforcement functions. The director must use funds
81.31appropriated by this act for these purposes. In addition, the director may enter into
81.32contracts for these purposes under which the vendor initially pays all or part of the costs,
81.33and the state accounting system does not show an encumbrance for some or all of the
81.34contract liability when the director initially enters into the contracts.
82.1 (b) Before entering into a contract authorized by this section, the director must
82.2prepare, and the commissioner of finance must approve, a plan for how payments will be
82.3made to the vendors under the contracts. If the contracts will involve performance-based
82.4payments to the vendor, the plan must describe the criteria for making those payments. If
82.5the director intends to pay for all or part of the contract from savings generated, the plan
82.6must describe what savings are anticipated, and how the savings will be captured so as to
82.7be available to make payments under the contract. The plan must explain how the total
82.8contract costs relate to the costs anticipated in the governor's budget recommendations
82.9presented to the legislature in 2007.
82.10 (c) The director must present the plan required by paragraph (b) to the chairs of the
82.11house Ways and Means and Finance Committees and the senate Finance Committee when
82.12the director submits the plan to the commissioner of finance for approval. The director
82.13must notify these chairs when the commissioner of finance has approved the plan. This
82.14notice must include any changes from the original plan.
82.15 (d) The director must report to the chairs of the house Ways and Means and Finance
82.16Committees and the senate Finance Committee by January 15 each of the next five years
82.17after entering into a contract authorized under this section. The report must include a
82.18detailed breakdown of how and by whom the contract costs are being paid, and on the cost
82.19savings and service improvements achieved as a result of the contract.
82.20 Sec. 115. PRE-1969 TRA MEMBER GRATUITY PAYMENT.
82.21 (a) $4,100,000 is appropriated to the executive director of the Teachers Retirement
82.22Association for the payment of a gratuity to persons who were teachers as defined in
82.23Minnesota Statutes, section 354.05, subdivision 2, and who rendered teaching service as
82.24defined in Minnesota Statutes, section 354.05, subdivision 3, either during the 1968-1969
82.25school year, but were not covered by the improved money purchase program savings
82.26clause in Minnesota Statutes, section 354.55, subdivision 17, or before the 1968-1969
82.27school year, did not take a refund of member contributions upon the termination of teacher
82.28service, and who were eligible to make an election under Minnesota Statutes 1971, section
82.29354.55, subdivision 8. The payment is intended to reflect the special contribution of
82.30these persons to education and to offset any unfulfilled expectation the person may have
82.31as to potential benefit levels. The gratuity payment amount for each person is $1,000 or
82.32a prorated portion of that amount if, at any time, the executive director of the Teachers
82.33Retirement Association determines that payment of the full amount to the remaining
82.34participants would likely exceed the appropriation.
83.1 (b) The Teachers Retirement Association shall make available to persons eligible to
83.2receive a payment under this section on or before August 1, 2007, an application form.
83.3Filing an application form is a waiver of any legal, equitable, or legislative claim for any
83.4other special consideration and the form must indicate the waiver.
83.5 (c) On August 1, 2007, the Teachers Retirement Association shall determine those
83.6remaining persons who are eligible to receive a payment under this section and who have
83.7not applied for a payment and send to each remaining person, at the person's residence
83.8of record, a state warrant of the full or a prorated payment amount. If the recipient
83.9negotiates the state warrant, that negotiation constitutes a waiver of any legal, equitable,
83.10or legislative claim for any other special consideration as documentation accompanying
83.11the warrant must indicate the waiver. Any warrant under this section expires on August
83.121, 2009, and the amount of any unnegotiated state warrant under this section cancels
83.13to the Teachers Retirement Association.
83.14 Sec. 116. CERTIFICATE OF COMPLIANCE; TEMPORARY PROVISION.
83.15 Subdivision 1. Pay equity. Until July 1, 2008, a business that is not in compliance
83.16with equitable compensation relationship standards under Minnesota Statutes, section
83.1743A.50, is making a good faith effort to achieve compliance if the commissioner of
83.18employee relations has approved:
83.19 (1) a statement of the business's intention to prepare a pay equity report and an
83.20estimated date no later than July 1, 2008, when the report and plan will be submitted; and
83.21 (2) information on the business's current status, including a statement on the
83.22existence of a company-wide job evaluation system, the total number of male and female
83.23employees of the business, and the business's interest in receiving training on how to
83.24establish equitable compensation relationships.
83.25 Subd. 2. Report. The commissioner of employee relations shall report to the
83.26legislature by January 31, 2008, on implementation of this section. The report must
83.27include findings and recommendations on any changes needed to ensure that state
83.28contractors achieve equitable compensation relationships.
83.29 Sec. 117. SUSTAINABLE GROWTH WORKING GROUP.
83.30 Subdivision 1. Creation. The sustainable growth working group consists of the
83.31following members:
83.32 (1) two senators, including one member of the minority caucus, appointed by the
83.33Subcommittee on Committees of the Committee on Rules and Administration;
84.1 (2) two members of the house of representatives, one appointed by the speaker
84.2and one appointed by the minority leader;
84.3 (3) commissioners of the following agencies, or their designees: Department of
84.4Natural Resources, Department of Administration, Department of Agriculture, Department
84.5of Commerce, Department of Transportation, Department of Employment and Economic
84.6Development, Minnesota Housing Finance Agency, and the Minnesota Pollution Control
84.7Agency; and the chair of the Metropolitan Council or the chair's designee;
84.8 (4) up to 12 public members who have an interest in promoting sustainable
84.9communities in Minnesota, including up to six public members appointed by the speaker
84.10of the house of representatives and up to six public members appointed by the majority
84.11leader of the senate. The appointing authorities must use their best efforts to include at
84.12least one representative from each of the following sectors: business, environmental,
84.13energy, affordable housing, transportation, local government, planning, and philanthropic.
84.14 The membership of the working group must include balanced representation from
84.15rural, urban, and suburban areas of the state.
84.16 Subd. 2. Duties. The working group must identify strategies, recommendations, and
84.17a process for implementing state-level coordination of state and local policies, programs,
84.18and regulations in the areas of housing, transportation, natural resource preservation,
84.19capital development, economic development, sustainability, and preservation of the
84.20environment. The working group must identify sustainable development principles that
84.21will guide decision making in Minnesota. The working group must gather information
84.22and develop strategies relative to the strategic use of state resources, to be consistent with
84.23statewide goals of sustainable development. The working group must report proposed
84.24strategies, recommendations, and a process for implementation to the legislature and the
84.25governor by February 1, 2008. In its report to the legislature and the governor, the working
84.26group must identify its source of funding.
84.27 Subd. 3. Administrative provisions. (a) The commissioner of administration
84.28must convene the initial meeting. Upon request of the working group, the commissioner
84.29must provide meeting space and administrative services for the group. The Office of
84.30Geographic and Demographic Analysis must provide staff support for the working group.
84.31The members of the working group must elect a chair.
84.32 (b) Members of the working group serve without compensation but may be
84.33reimbursed for expenses under Minnesota Statutes, section 15.059.
84.34 (c) The working group expires June 30, 2008.
85.1 (d) The working group may accept gifts and grants, which are accepted on behalf
85.2of the state and constitute donations to the state. Funds received are appropriated to the
85.3commissioner of administration for purposes of the working group.
85.4 Sec. 118. ASSISTANCE.
85.5 House and senate staff must assist the Legislative Coordinating Commission with
85.6new duties assigned to the commission by this act.
85.7 Sec. 119. TRAINING SERVICES.
85.8 During the biennium ending June 30, 2009, state executive branch agencies must
85.9consider using services provided by government training services before contracting with
85.10other outside vendors for similar services.
85.11 Sec. 120. REPEALER.
85.12Minnesota Statutes 2006, sections 3.884; 3.8841; 6.56, subdivision 1; 16A.102;
85.1316C.055, subdivision 1; 16C.08, subdivision 4a; 69.051, subdivision 1c; 359.085,
85.14subdivision 8; and 645.44, subdivision 19, are repealed.
85.17 Section 1. Minnesota Statutes 2006, section 16C.02, is amended by adding a
85.18subdivision to read:
85.19 Subd. 4a. Best value; construction. For purposes of construction, building,
85.20alteration, improvement, or repair services, "best value" describes the result determined by
85.21a procurement method that considers price and performance criteria, which may include,
85.22but are not limited to:
85.23 (1) the quality of the vendor's or contractor's performance on previous projects;
85.24 (2) the timeliness of the vendor's or contractor's performance on previous projects;
85.25 (3) the level of customer satisfaction with the vendor's or contractor's performance
85.26on previous projects;
85.27 (4) the vendor's or contractor's record of performing previous projects on budget and
85.28ability to minimize cost overruns;
85.29 (5) the vendor's or contractor's ability to minimize change orders;
85.30 (6) the vendor's or contractor's ability to prepare appropriate project plans;
85.31 (7) the vendor's or contractor's technical capacities;
85.32 (8) the individual qualifications of the contractor's key personnel; or
86.1 (9) the vendor's or contractor's ability to assess and minimize risks.
86.2 "Performance on previous projects" does not include the exercise or assertion of a
86.3person's legal rights. This definition does not apply to sections 16C.32, 16C.33, 16C.34,
86.4and 16C.35.
86.5 Sec. 2. Minnesota Statutes 2006, section 16C.02, is amended by adding a subdivision
86.6to read:
86.7 Subd. 20. Vendor. "Vendor" means a business, including a construction contractor
86.8or a natural person, and includes both if the natural person is engaged in a business.
86.9 Sec. 3. Minnesota Statutes 2006, section 16C.03, subdivision 3, is amended to read:
86.10 Subd. 3. Acquisition authority. The commissioner shall acquire all goods, services,
86.11and utilities needed by agencies. The commissioner shall acquire goods, services, and
86.12utilities by requests for bids, requests for proposals, reverse auctions as provided in
86.13section
86.14requires a particular method of acquisition to be used. The commissioner shall make all
86.15decisions regarding acquisition activities. The determination of the acquisition method
86.16and all decisions involved in the acquisition process, unless otherwise provided for by
86.17law, shall be based on best value which includes an evaluation of price and may include
86.18other considerations including, but not limited to, environmental considerations, quality,
86.19and vendor performance. A best value determination must be based on the evaluation
86.20criteria detailed in the solicitation document. If criteria other than price are used, the
86.21solicitation document must state the relative importance of price and other factors.
86.22
86.23
86.24
86.25be rejected. When using the request for bid process, the bid must be awarded to the
86.26lowest responsive and responsible bidder, taking into consideration conformity with
86.27the specifications, terms of delivery, the purpose for which the contract or purchase is
86.28intended, the status and capability of the vendor, and other considerations imposed in the
86.29request for bids. The commissioner may decide which is the lowest responsible bidder
86.30for all purchases and may use the principles of life-cycle costing, where appropriate, in
86.31determining the lowest overall bid. The duties set forth in this subdivision are subject to
86.32delegation pursuant to this section.
87.1 Sec. 4. Minnesota Statutes 2006, section 16C.03, is amended by adding a subdivision
87.2to read:
87.3 Subd. 3a. Acquisition authority; construction contracts. For all building and
87.4construction contracts, the commissioner shall award contracts pursuant to section
87.516C.28, and "best value" shall be defined and applied as set forth in sections 16C.02,
87.6subdivision 4a and 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).
87.7The duties set forth in this subdivision are subject to delegation pursuant to this section.
87.8The commissioner shall establish procedures for developing and awarding best value
87.9requests for proposals for construction projects. The criteria to be used to evaluate the
87.10proposals must be included in the solicitation document and must be evaluated in an open
87.11and competitive manner.
87.12 Sec. 5. Minnesota Statutes 2006, section 16C.03, is amended by adding a subdivision
87.13to read:
87.14 Subd. 19. Training. Any personnel administering procurement procedures for a
87.15user of best value procurement or any consultant retained by a local unit of government to
87.16prepare or evaluate solicitation documents must be trained, either by the department or
87.17through other training, in the request for proposals process for best value contracting for
87.18construction projects. The commissioner may establish a training program for state and
87.19local officials, and vendors and contractors, on best value procurement for construction
87.20projects, including those governed by section 16C.28. If the commissioner establishes
87.21such a training program, the state may charge a fee for providing training.
87.22 Sec. 6. Minnesota Statutes 2006, section 16C.26, is amended to read:
87.2316C.26 COMPETITIVE BIDS OR PROPOSALS.
87.24 Subdivision 1. Application. Except as otherwise provided by sections 16C.10,
87.26competitive bids or proposals. "Competitive proposals" specifically refers to the method
87.27of procurement described in section 16C.28, subdivision 1, paragraph (a), clause (2).
87.28 Subd. 2. Requirement contracts. Standard requirement price contracts for building
87.29and construction must be established by competitive bids as provided in subdivision 1.
87.30The standard requirement price contracts may contain escalation clauses and may provide
87.31for a negotiated price increase or decrease based upon a demonstrable industrywide or
87.32regional increase or decrease in the vendor's costs or for the addition of similar products or
87.33replacement items not significant to the total value of existing contracts. The term of these
87.34contracts may not exceed five years including all extensions.
88.1 Subd. 3. Publication of notice; expenditures over $25,000. If the amount of an
88.2expenditure is estimated to exceed $25,000, bids or proposals must be solicited by public
88.3notice in a manner designated by the commissioner. To the extent practical, this must
88.4include posting on a state Web site. For expenditures over $50,000, when a call for bids is
88.5issued the commissioner shall solicit sealed bids by providing notices to all prospective
88.6bidders known to the commissioner by posting notice on a state Web site at least seven
88.7days before the final date of submitting bids. All bids over $50,000 must be sealed when
88.8they are received and must be opened in public at the hour stated in the notice. All
88.9proposals responsive to a request for proposals according to section 16C.28, subdivision
88.101, paragraph (a), clause (2), and paragraph (c), shall be submitted and evaluated in the
88.11manner described in the request for proposals, regardless of the dollar amount. All original
88.12bids and proposals and all documents pertaining to the award of a contract must be retained
88.13and made a part of a permanent file or record and remain open to public inspection.
88.14 Subd. 4. Building and construction contracts; $50,000 or less. An informal bid
88.15may be used for building, construction, and repair contracts that are estimated at less than
88.16$50,000. Informal bids must be authenticated by the bidder in a manner specified by the
88.17commissioner. Alternatively, a request for proposals may be issued according to section
88.1816C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c), for such contracts.
88.19 Subd. 5. Standard specifications, security. Contracts must be based on the
88.20standard specifications prescribed and enforced by the commissioner under this chapter,
88.21unless otherwise expressly provided or as authorized under section 16C.28, subdivision
88.221, paragraph (a), clause (2), and paragraph (c). Each
88.23contractor must furnish security approved by the commissioner to ensure the making of
88.24the contract being bid for.
88.25 Subd. 6. Noncompetitive bids. Agencies are encouraged to contract with small
88.26targeted group businesses designated under section
88.27that are not subject to competitive bidding procedures.
88.28 Sec. 7. Minnesota Statutes 2006, section 16C.27, subdivision 1, is amended to read:
88.29 Subdivision 1. Single source of supply. Competitive bidding
88.30required for contracts clearly and legitimately limited to a single source of supply, and the
88.31contract price may be best established by direct negotiation.
88.32 Sec. 8. Minnesota Statutes 2006, section 16C.28, is amended to read:
88.3316C.28 CONTRACTS; AWARD.
89.1 Subdivision 1.
89.2building and construction contracts entered into by or under the supervision of the
89.3commissioner or an agency for which competitive bids or proposals are required
89.4
89.5
89.6
89.7
89.8
89.9
89.10
89.11
89.12
89.13either of the following:
89.14 (1) the lowest responsible bidder, taking into consideration conformity with the
89.15specifications, terms of delivery, the purpose for which the contract is intended, the status
89.16and capability of the vendor or contractor, other considerations imposed in the call for
89.17bids, and, where appropriate, principles of life-cycle costing; or
89.18 (2) the vendor or contractor offering the best value, taking into account the
89.19specifications of the request for proposals, the price and performance criteria as set forth
89.20in section 16C.02, subdivision 4a, and described in the solicitation document.
89.21 (b) The vendor or contractor must secure bonding, commercial general insurance
89.22coverage, and workers' compensation insurance coverage under paragraph (a), clause
89.23(1) or (2). The commissioner shall determine whether to use the procurement process
89.24described in paragraph (a), clause (1), or the procurement process described in paragraph
89.25(a), clause (2). If the commissioner uses the method in paragraph (a), clause (2), the head
89.26of the agency shall determine which vendor or contractor offers the best value, subject to
89.27the approval of the commissioner. Any or all bids or proposals may be rejected.
89.28 (c) When using the procurement process described in paragraph (a), clause (2), the
89.29solicitation document must state the relative importance of price and other factors.
89.30 Subd. 1a. Establishment and purpose. (a) The state recognizes the importance of
89.31the inclusion of a best value contracting system for construction as an alternative to the
89.32current low-bid system of procurement. In order to accomplish that goal, state and local
89.33governmental entities shall be able to choose the best value system in different phases.
89.34 (b) "Best value" means the procurement method defined in section 16C.02,
89.35subdivision 4a.
89.36 (c) The following entities are eligible to participate in phase I:
90.1 (1) state agencies;
90.2 (2) counties;
90.3 (3) cities; and
90.4 (4) school districts with the highest 25 percent enrollment of students in the state.
90.5Phase I begins on the effective date of this section.
90.6 (d) The following entities are eligible to participate in phase II:
90.7 (1) those entities included in phase I; and
90.8 (2) school districts with the highest 50 percent enrollment of students in the state.
90.9Phase II begins two years from the effective date of this section.
90.10 (e) The following entities are eligible to participate in phase III:
90.11 (1) all entities included in phases I and II; and
90.12 (2) all other townships, school districts, and political subdivisions in the state.
90.13Phase III begins three years from the effective date of this section.
90.14 (f) The commissioner or any agency for which competitive bids or proposals are
90.15required may not use best value contracting as defined in section 16C.02, subdivision 4a,
90.16for more than one project annually, or 20 percent of its projects, whichever is greater, in
90.17each of the first three fiscal years in which best value construction contracting is used.
90.18 Subd. 2. Alterations and erasures. A bid containing an alteration or erasure of
90.19any price contained in the bid which is used in determining the lowest responsible bid
90.20must be rejected unless the alteration or erasure is corrected in a manner that is clear and
90.21authenticated by an authorized representative of the responder. An alteration or erasure
90.22may be crossed out and the correction printed in ink or typewritten adjacent to it and
90.23initialed by an authorized representative of the responder.
90.24 Subd. 3. Special circumstances. The commissioner may reject the bid or proposal
90.25of any
90.26the state. In the case of identical low bids from two or more bidders, the commissioner
90.27may use negotiated procurement methods with the tied low bidders for that particular
90.28transaction so long as the price paid does not exceed the low tied bid price. The
90.29commissioner may award contracts to more than one
90.30accordance with subdivision 1, if doing so does not decrease the service level or diminish
90.31the effect of competition.
90.32 Subd. 4. Record. A record must be kept of all bids or proposals, including names of
90.33bidders, amounts of bids or proposals, and each successful bid or proposal. This record is
90.34open to public inspection, subject to section 13.591 and other applicable law.
91.1 Subd. 5. Preferences not cumulative. The preferences under sections
91.3of preference granted on a contract may not exceed the highest percentage of preference
91.4allowed for that contract under any one of those sections.
91.5 Sec. 9. Minnesota Statutes 2006, section 103D.811, subdivision 3, is amended to read:
91.6 Subd. 3. Awarding of contract. (a) At a time and place specified in the bid notice,
91.7the managers may accept or reject any or all bids and may award the contract to the lowest
91.8responsible bidder. The bidder to whom the contract is to be awarded must give a bond,
91.9with ample security, conditioned by satisfactory completion of the contract.
91.10 (b) Bids must not be considered which in the aggregate exceed by more than 30
91.11percent the total estimated cost of construction or implementation.
91.12 (c) As an alternative to the procurement method described in paragraph (a), the
91.13managers may issue a request for proposals and award the contract to the vendor or
91.14contractor offering the best value as described in section 16C.28, subdivision 1, paragraph
91.15(a), clause (2), and paragraph (c).
91.16 (d) The contract must be in writing and be accompanied by or refer to the plans and
91.17specifications for the work to be done as prepared by the engineer for the watershed
91.18district. The plans and specifications shall become a part of the contract.
91.19
91.20secretary, and contractor.
91.21 Sec. 10. Minnesota Statutes 2006, section 103E.505, subdivision 5, is amended to read:
91.22 Subd. 5. How contract may be awarded. The contract may be awarded in one
91.23job, in sections, or separately for labor and material and
91.24responsible bidder. Alternatively, the contract may be awarded to the vendor or contractor
91.25offering the best value under a request for proposals as described in section 16C.28,
91.26subdivision 1, paragraph (a), clause (2), and paragraph (c).
91.27 Sec. 11. Minnesota Statutes 2006, section 116A.13, subdivision 5, is amended to read:
91.28 Subd. 5. How job may be let. The job may be let in one job, or in sections, or
91.29separately for labor and material, and
91.30bidders therefor. Alternatively, the contract may be awarded to the vendor or contractor
91.31offering the best value under a request for proposals as described in section 16C.28,
91.32subdivision 1, paragraph (a), clause (2), and paragraph (c).
92.1 Sec. 12. Minnesota Statutes 2006, section 123B.52, subdivision 1, is amended to read:
92.2 Subdivision 1. Contracts. A contract for work or labor, or for the purchase of
92.3furniture, fixtures, or other property, except books registered under the copyright laws, or
92.4for the construction or repair of school houses, the estimated cost or value of which shall
92.5exceed that specified in section
92.6board without first advertising for bids or proposals by two weeks' published notice in the
92.7official newspaper. This notice must state the time and place of receiving bids and contain
92.8a brief description of the subject matter.
92.9 Additional publication in the official newspaper or elsewhere may be made as the
92.10board shall deem necessary.
92.11 After taking into consideration conformity with the specifications, terms of delivery,
92.12and other conditions imposed in the call for bids, every such contract for which a call for
92.13bids has been issued must be awarded to the lowest responsible bidder, be duly executed
92.14in writing, and be otherwise conditioned as required by law. The person to whom the
92.15contract is awarded shall give a sufficient bond to the board for its faithful performance.
92.16Notwithstanding section
92.17to the purchase of a finished tangible product, a board may require, at its discretion, a
92.18performance bond of a contractor in the amount the board considers necessary. A record
92.19must be kept of all bids, with names of bidders and amount of bids, and with the successful
92.20bid indicated thereon. A bid containing an alteration or erasure of any price contained in
92.21the bid which is used in determining the lowest responsible bid must be rejected unless the
92.22alteration or erasure is corrected as provided in this section. An alteration or erasure may
92.23be crossed out and the correction thereof printed in ink or typewritten adjacent thereto and
92.24initialed in ink by the person signing the bid. In the case of identical low bids from two or
92.25more bidders, the board may, at its discretion, utilize negotiated procurement methods
92.26with the tied low bidders for that particular transaction, so long as the price paid does not
92.27exceed the low tied bid price. In the case where only a single bid is received, the board
92.28may, at its discretion, negotiate a mutually agreeable contract with the bidder so long as
92.29the price paid does not exceed the original bid. If no satisfactory bid is received, the
92.30board may readvertise. Standard requirement price contracts established for supplies or
92.31services to be purchased by the district must be established by competitive bids. Such
92.32standard requirement price contracts may contain escalation clauses and may provide for a
92.33negotiated price increase or decrease based upon a demonstrable industrywide or regional
92.34increase or decrease in the vendor's costs. Either party to the contract may request that the
92.35other party demonstrate such increase or decrease. The term of such contracts must not
92.36exceed two years with an option on the part of the district to renew for an additional two
93.1years. Contracts for the purchase of perishable food items, except milk for school lunches
93.2and vocational training programs, in any amount may be made by direct negotiation
93.3by obtaining two or more written quotations for the purchase or sale, when possible,
93.4without advertising for bids or otherwise complying with the requirements of this section
93.5or section
93.6period of at least one year after receipt.
93.7 Every contract made without compliance with the provisions of this section shall be
93.8void. Except in the case of the destruction of buildings or injury thereto, where the public
93.9interest would suffer by delay, contracts for repairs may be made without advertising
93.10for bids.
93.11 Sec. 13. Minnesota Statutes 2006, section 123B.52, is amended by adding a
93.12subdivision to read:
93.13 Subd. 1b. Best value alternative. As an alternative to the procurement method
93.14described in subdivision 1, a contract for construction, building, alteration, improvement,
93.15or repair work may be awarded to the vendor or contractor offering the best value under a
93.16request for proposals as described in section 16C.28, subdivision 1, paragraph (a), clause
93.17(2), and paragraph (c).
93.18 Sec. 14. Minnesota Statutes 2006, section 160.17, is amended by adding a subdivision
93.19to read:
93.20 Subd. 2a. Best value alternative. As an alternative to the procurement method
93.21referenced in subdivision 2, counties or towns may issue a request for proposal and award
93.22the contract to the vendor or contractor offering the best value as described in section
93.2316C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).
93.24 Sec. 15. Minnesota Statutes 2006, section 160.262, is amended by adding a subdivision
93.25to read:
93.26 Subd. 5. Best value alternative. As an alternative to the procurement method
93.27described in subdivision 4, the commissioner may allow for the award of design-build
93.28contracts for the projects described in subdivision 4 to the vendor or contractor offering
93.29the best value under a request for proposals as described in section 16C.28, subdivision 1,
93.30paragraph (a), clause (2), and paragraph (c).
93.31 Sec. 16. Minnesota Statutes 2006, section 161.32, is amended by adding a subdivision
93.32to read:
94.1 Subd. 1f. Best value alternative. As an alternative to the procurement method
94.2described in subdivisions 1a to 1e, the commissioner may issue a request for proposals
94.3and award the contract to the vendor or contractor offering the best value as described in
94.4section 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).
94.5 Sec. 17. [161.3206] BEST VALUE CONTRACTING AUTHORITY.
94.6 Notwithstanding sections 16C.25, 161.32, and 161.321, or any other law to the
94.7contrary, the commissioner may solicit and award all contracts, other than design-build
94.8contracts governed by section 161.3412, for a project on the basis of a best value selection
94.9process as defined in section 16C.02, subdivision 4a. Section 16C.08 does not apply
94.10to this section.
94.11 Sec. 18. Minnesota Statutes 2006, section 161.3412, subdivision 1, is amended to read:
94.12 Subdivision 1. Best value selection for design-build contracts. Notwithstanding
94.13sections
94.14may solicit and award a design-build contract for a project on the basis of a best value
94.15selection process. Section
94.16commissioner is a party.
94.17 Sec. 19. Minnesota Statutes 2006, section 161.38, subdivision 4, is amended to read:
94.18 Subd. 4. Effects on other law of public contract with commissioner. Whenever
94.19the road authority of any city enters into an agreement with the commissioner pursuant
94.20to this section, and a portion of the cost is to be assessed against benefited property,
94.21the letting of a public contract by the commissioner for the work shall be deemed to
94.22comply with statutory or charter provisions requiring the city (1) to advertise for bids
94.23before awarding a contract for a public improvement, (2) to let the contract to the lowest
94.24responsible bidder or to the vendor or contractor offering the best value, and (3) to require
94.25a performance bond to be filed by the contractor before undertaking the work. The
94.26contract so let by the commissioner and the performance bond required of the contractor
94.27by the commissioner shall be considered to be the contract and bond of the city for the
94.28purposes of complying with the requirements of any applicable law or charter provision,
94.29and the bond shall inure to the benefit of the city and operate for their protection to the
94.30same extent as though they were parties thereto.
94.31 Sec. 20. Minnesota Statutes 2006, section 365.37, is amended by adding a subdivision
94.32to read:
95.1 Subd. 2a. Best value alternative. As an alternative to the procurement method
95.2described in subdivision 2, a contract for construction, building, alteration, improvement,
95.3or repair work may be awarded to the vendor or contractor offering the best value under a
95.4request for proposals as described in section 16C.28, subdivision 1, paragraph (a), clause
95.5(2), and paragraph (c).
95.6 Sec. 21. Minnesota Statutes 2006, section 374.13, is amended to read:
95.7374.13 TO ADVERTISE FOR BIDS.
95.8 Subdivision 1. Bidding process. When the plans and specifications are completed
95.9and approved by the city council and the county board, the commission shall, after notice
95.10appropriate to inform possible bidders, obtain bids or proposals for all or any portion of
95.11the work or materials, or both, to be done, performed, or furnished in the construction of
95.12the building. All bids or proposals shall be sealed by the bidders or proposers and filed
95.13with the commission at or before the time specified for the opening of bids or proposals.
95.14At the time and place specified for the opening of bids or proposals, the commission shall
95.15meet, open the bids or proposals, tabulate them, and award the contract or contracts to the
95.16responsible bidder whose bid or proposal is the most favorable to the city or county, or
95.17reject all bids and proposals. If all bids or proposals are rejected, the commission may,
95.18after similar notice, obtain more bids or proposals or may modify or change the plans and
95.19specifications and submit the modified plans and specifications to the city council and the
95.20county board for approval. When the modified or changed plans and specifications are
95.21satisfactory to both the city council and the county board, the plans and specifications
95.22shall be returned to the commission and the commission shall proceed again, after similar
95.23notice, to obtain bids or proposals. Any contract awarded by the commission shall be
95.24subject to approval by the city council and the county board.
95.25 Subd. 2. Best value alternative. As an alternative to the procurement method
95.26described in subdivision 1, the commission may issue a request for proposals and award
95.27the contract to the vendor or contractor offering the best value as described in section
95.2816C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).
95.29 Sec. 22. Minnesota Statutes 2006, section 375.21, is amended by adding a subdivision
95.30to read:
95.31 Subd. 1b. Best value alternative. As an alternative to the procurement method
95.32described in subdivision 1, a county board may award a contract for construction, building,
95.33alteration, improvement, or repair work to the vendor or contractor offering the best value
96.1under a request for proposals as described in section 16C.28, subdivision 1, paragraph
96.2(a), clause (2), and paragraph (c).
96.3 Sec. 23. Minnesota Statutes 2006, section 383C.094, is amended by adding a
96.4subdivision to read:
96.5 Subd. 1a. Contracts in excess of $500; best value alternative. As an alternative to
96.6the procurement method described in subdivision 1, the contract may be awarded to the
96.7vendor or contractor offering the best value under a request for proposals as described in
96.8section 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).
96.9 Sec. 24. Minnesota Statutes 2006, section 412.311, is amended to read:
96.10412.311 CONTRACTS.
96.11 Subdivision 1. Lowest responsible bidder. Except as provided in sections
96.12to
96.13made by the council. Whenever the amount of a contract for the purchase of merchandise,
96.14materials or equipment or for any kind of construction work undertaken by the city is
96.15estimated to exceed the amount specified by section
96.16shall be let to the lowest responsible bidder, after notice has been published once in the
96.17official newspaper at least ten days in advance of the last day for the submission of bids. If
96.18the amount of the contract exceeds $1,000, it shall be entered into only after compliance
96.19with section
96.20 Subd. 2. Best value alternative. As an alternative to the procurement method
96.21described in subdivision 1, a contract for construction, building, alteration, improvement,
96.22or repair work may be awarded to the vendor or contractor offering the best value under a
96.23request for proposals as described in section 16C.28, subdivision 1, paragraph (a), clause
96.24(2), and paragraph (c).
96.25 Sec. 25. Minnesota Statutes 2006, section 429.041, is amended by adding a subdivision
96.26to read:
96.27 Subd. 2a. Best value alternative. As an alternative to the procurement method
96.28described in subdivision 2, the council may issue a request for proposals and award the
96.29contract to the vendor or contractor offering the best value as described in section 16C.28,
96.30subdivision 1, paragraph (a), clause (2), and paragraph (c).
96.31 Sec. 26. Minnesota Statutes 2006, section 458D.21, is amended by adding a
96.32subdivision to read:
97.1 Subd. 2a. Contracts in excess of $5,000; best value alternative. As an alternative
97.2to the procurement method described in subdivision 2, the board may issue a request for
97.3proposals and award the contract to the vendor or contractor offering the best value as
97.4described in section 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).
97.5 Sec. 27. Minnesota Statutes 2006, section 469.015, is amended by adding a subdivision
97.6to read:
97.7 Subd. 1a. Best value alternative. As an alternative to the procurement method
97.8described in subdivision 1, the authority may issue a request for proposals and award the
97.9contract to the vendor or contractor offering the best value under a request for proposals as
97.10described in section 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).
97.11 Sec. 28. Minnesota Statutes 2006, section 469.068, subdivision 1, is amended to read:
97.12 Subdivision 1. Contracts; bids; bonds. All construction work and every purchase
97.13of equipment, supplies, or materials necessary in carrying out the purposes of sections
97.15contract as provided in this subdivision or in subdivision 1a. Before receiving bids under
97.16sections
97.17weeks in the official newspaper of the port's city, a notice that bids will be received for the
97.18construction work, or purchase of equipment, supplies, or materials. The notice shall state
97.19the nature of the work, and the terms and conditions upon which the contract is to be let
97.20and name a time and place where the bids will be received, opened, and read publicly,
97.21which time shall be not less than seven days after the date of the last publication. After
97.22the bids have been received, opened, read publicly, and recorded, the commissioners
97.23shall award the contract to the lowest responsible bidder, reserving the right to reject
97.24any or all bids. The contract shall be executed in writing and the person to whom the
97.25contract is awarded shall give sufficient bond to the board for its faithful performance. If
97.26no satisfactory bid is received, the port authority may readvertise, or, by an affirmative
97.27vote of two of its commissioners in the case of a three-member commission, or five of
97.28its members in the case of a seven-member commission, may authorize the authority
97.29to perform any part or parts of any construction work by day labor under conditions it
97.30prescribes. The commissioners may establish reasonable qualifications to determine
97.31the fitness and responsibility of bidders, and require bidders to meet the qualifications
97.32before bids are accepted. If the commissioners by a two-thirds or five-sevenths vote
97.33declare that an emergency exists requiring the immediate purchase of any equipment or
97.34material or supplies at a cost in excess of $1,000, but not exceeding $5,000, in amount,
98.1or making of emergency repairs, it shall not be necessary to advertise for bids, but the
98.2material, equipment, or supplies may be purchased in the open market at the lowest price
98.3obtainable, or the emergency repairs may be contracted for or performed without securing
98.4formal competitive bids. An emergency, for purposes of this section, is unforeseen
98.5circumstances or conditions which result in the jeopardizing of human life or property.
98.6 In all contracts involving the employment of labor, the commissioners shall stipulate
98.7conditions they deem reasonable, as to the hours of labor and wages and may stipulate as
98.8to the residence of employees to be employed by the contractors.
98.9 Bonds shall be required from contractors for any works of construction as provided
98.10in and subject to all the provisions of sections
98.11 Sec. 29. Minnesota Statutes 2006, section 469.068, is amended by adding a subdivision
98.12to read:
98.13 Subd. 1a. Contracts; best value alternative. As an alternative to the procurement
98.14method described in subdivision 1, a contract may be awarded to the vendor or contractor
98.15offering the best value under a request for proposals as described in section 16C.28,
98.16subdivision 1, paragraph (a), clause (2), and paragraph (c).
98.17 Sec. 30. Minnesota Statutes 2006, section 471.345, is amended by adding a subdivision
98.18to read:
98.19 Subd. 3a. Contracts over $50,000; best value alternative. As an alternative to the
98.20procurement method described in subdivision 3, municipalities may award a contract for
98.21construction, alteration, repair, or maintenance work to the vendor or contractor offering
98.22the best value under a request for proposals as described in section 16C.28, subdivision 1,
98.23paragraph (a), clause (2), and paragraph (c).
98.24 Sec. 31. Minnesota Statutes 2006, section 471.345, is amended by adding a subdivision
98.25to read:
98.26 Subd. 4a. Contracts from $10,000 to $50,000; best value alternative. As an
98.27alternative to the procurement method described in subdivision 4, municipalities may
98.28award a contract for construction, alteration, repair, or maintenance work to the vendor or
98.29contractor offering the best value under a request for proposals as described in section
98.3016C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).
98.31 Sec. 32. Minnesota Statutes 2006, section 471.345, subdivision 5, is amended to read:
99.1 Subd. 5. Contracts less than $10,000. If the amount of the contract is estimated
99.2to be $10,000 or less, the contract may be made either upon quotation or in the open
99.3market, in the discretion of the governing body. If the contract is made upon quotation
99.4it shall be based, so far as practicable, on at least two quotations which shall be kept on
99.5file for a period of at least one year after their receipt. Alternatively, municipalities may
99.6award a contract for construction, alteration, repair, or maintenance work to the vendor or
99.7contractor offering the best value under a request for proposals as described in section
99.816C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).
99.9 Sec. 33. Minnesota Statutes 2006, section 473.523, is amended by adding a subdivision
99.10to read:
99.11 Subd. 1a. Contracts over $50,000; best value alternative. As an alternative to
99.12the procurement method described in subdivision 1, the council may issue a request for
99.13proposals and award the contract to the vendor or contractor offering the best value
99.14under a request for proposals as described in section 16C.28, subdivision 1, paragraph
99.15(a), clause (2), and paragraph (c).
99.16 Sec. 34. Minnesota Statutes 2006, section 473.756, subdivision 12, is amended to read:
99.17 Subd. 12. Contracts. The authority may enter into a development agreement with
99.18the team, the county, or any other entity relating to the construction, financing, and use of
99.19the ballpark and related facilities and public infrastructure. The authority may contract
99.20for materials, supplies, and equipment in accordance with sections
99.21except that the authority, with the consent of the county, may employ or contract with
99.22persons, firms, or corporations to perform one or more or all of the functions of architect,
99.23engineer, or construction manager with respect to all or any part of the ballpark and
99.24public infrastructure. Alternatively, at the request of the team and with the consent of the
99.25county, the authority shall authorize the team to provide for the design and construction
99.26of the ballpark and related public infrastructure, subject to terms of Laws 2006, chapter
99.27257. The construction manager may enter into contracts with contractors for labor,
99.28materials, supplies, and equipment for the construction of the ballpark and related public
99.29infrastructure through the process of public bidding, except that the construction manager
99.30may, with the consent of the authority or the team:
99.31 (1) narrow the listing of eligible bidders to those which the construction manager
99.32determines to possess sufficient expertise to perform the intended functions;
99.33 (2) award contracts to the contractors that the construction manager determines
99.34provide the best value under a request for proposals as described in section 16C.28,
100.1subdivision 1, paragraph (a), clause (2), and paragraph (c), which are not required to be
100.2the lowest responsible bidder; and
100.3 (3) for work the construction manager determines to be critical to the completion
100.4schedule, award contracts on the basis of competitive proposals or perform work with
100.5its own forces without soliciting competitive bids if the construction manager provides
100.6evidence of competitive pricing.
100.7The authority shall require that the construction manager certify, before the contract is
100.8signed, a fixed and stipulated construction price and completion date to the authority
100.9and post a performance bond in an amount at least equal to 100 percent of the certified
100.10price, to cover any costs which may be incurred in excess of the certified price, including
100.11but not limited to costs incurred by the authority or loss of revenues resulting from
100.12incomplete construction on the completion date. The authority may secure surety bonds
100.13as provided in section
100.14public work undertaken by it. Persons entitled to the protection of the bonds may enforce
100.15them as provided in sections
100.16property of the authority under the provisions of sections
100.17construction and operation of the ballpark must include programs, including Youthbuild,
100.18to provide for participation by small local businesses and businesses owned by people of
100.19color, and the inclusion of women and people of color in the workforces of contractors
100.20and ballpark operators. The construction of the ballpark is a "project" as that term is
100.21defined in section
100.22sections
100.25 Section 1. Minnesota Statutes 2006, section 200.02, subdivision 7, is amended to read:
100.26 Subd. 7. Major political party. (a) "Major political party" means a political party
100.27that maintains a party organization in the state, political division, or precinct in question
100.28and that has presented at least one candidate for election to the office of:
100.29 (1) governor and lieutenant governor, secretary of state, state auditor, or attorney
100.30general at the last preceding state general election for those offices; or
100.31 (2) presidential elector or U.S. senator at the last preceding state general election for
100.32presidential electors; and
100.33 whose candidate received votes in each county in that election and received votes
100.34from not less than five percent of the total number of individuals who voted in that election.
101.1 (b) "Major political party" also means a political party that maintains a party
101.2organization in the state, political subdivision, or precinct in question and that has
101.3presented at least 45 candidates for election to the office of state representative, 23
101.4candidates for election to the office of state senator, four candidates for election to
101.5the office of representative in Congress, and one candidate for election to each of the
101.6following offices: governor and lieutenant governor, attorney general, secretary of state,
101.7and state auditor, at the last preceding state general election for those offices.
101.8 (c) "Major political party" also means a political party that maintains a party
101.9organization in the state, political subdivision, or precinct in question and whose members
101.10present to the secretary of state
101.11
101.12on the state partisan primary ballot, which petition contains signatures of a number of
101.13the party members equal to at least five percent of the total number of individuals who
101.14voted in the preceding state general election. The petition may be circulated at any time
101.15after January 1 and more than six weeks before the start of the filing period in the year
101.16the petition is submitted.
101.17 (d) A political party whose candidate receives a sufficient number of votes at a state
101.18general election described in paragraph (a) or a political party that presents candidates at
101.19an election as required by paragraph (b) becomes a major political party as of January
101.201 following that election and retains its major party status for at least two state general
101.21elections even if the party fails to present a candidate who receives the number and
101.22percentage of votes required under paragraph (a) or fails to present candidates as required
101.23by paragraph (b) at subsequent state general elections.
101.24 (e) A major political party whose candidates fail to receive the number and
101.25percentage of votes required under paragraph (a) and that fails to present candidates as
101.26required by paragraph (b) at each of two consecutive state general elections described by
101.27paragraph (a) or (b), respectively, loses major party status as of December 31 following
101.28the later of the two consecutive state general elections.
101.29 Sec. 2. Minnesota Statutes 2006, section 200.02, subdivision 23, is amended to read:
101.30 Subd. 23. Minor political party. (a) "Minor political party" means a political party
101.31that has adopted a state constitution, designated a state party chair, held a state convention
101.32in the last two years, filed with the secretary of state no later than December 31 following
101.33the most recent state general election a certification that the party has met the foregoing
101.34requirements, and met the requirements of paragraph (b) or (e), as applicable.
102.1 (b) To be considered a minor party in all elections statewide, the political party must
102.2have presented at least one candidate for election to the office of:
102.3 (1) governor and lieutenant governor, secretary of state, state auditor, or attorney
102.4general, at the last preceding state general election for those offices; or
102.5 (2) presidential elector or U.S. senator at the preceding state general election for
102.6presidential electors; and
102.7 who received votes in each county that in the aggregate equal at least one percent
102.8of the total number of individuals who voted in the election, or its members must have
102.9presented to the secretary of state
102.10
102.11petition in a form prescribed by the secretary of state containing the signatures of party
102.12members in a number equal to at least one percent of the total number of individuals who
102.13voted in the preceding state general election. The petition may be circulated at any time
102.14after January 1 and more than six weeks before the start of the filing period in the year
102.15the petition is submitted.
102.16 (c) A political party whose candidate receives a sufficient number of votes at a
102.17state general election described in paragraph (b) becomes a minor political party as of
102.18January 1 following that election and retains its minor party status for at least two state
102.19general elections even if the party fails to present a candidate who receives the number
102.20and percentage of votes required under paragraph (b) at subsequent state general elections.
102.21 (d) A minor political party whose candidates fail to receive the number and
102.22percentage of votes required under paragraph (b) at each of two consecutive state general
102.23elections described by paragraph (b) loses minor party status as of December 31 following
102.24the later of the two consecutive state general elections.
102.25 (e) A minor party that qualifies to be a major party loses its status as a minor party
102.26at the time it becomes a major party. Votes received by the candidates of a major party
102.27must be counted in determining whether the party received sufficient votes to qualify as
102.28a minor party, notwithstanding that the party does not receive sufficient votes to retain
102.29its major party status. To be considered a minor party in an election in a legislative
102.30district, the political party must have presented at least one candidate for a legislative
102.31office in that district who received votes from at least ten percent of the total number of
102.32individuals who voted for that office, or its members must have presented to the secretary
102.33of state a nominating petition in a form prescribed by the secretary of state containing the
102.34signatures of party members in a number equal to at least ten percent of the total number
102.35of individuals who voted in the preceding state general election for that legislative office.
103.1 Sec. 3. Minnesota Statutes 2006, section 201.016, subdivision 1a, is amended to read:
103.2 Subd. 1a. Violations; penalty. (a) The county auditor shall mail a violation notice
103.3to any voter who the county auditor can determine has voted
103.4
103.5election day. The notice must be in the form provided by the secretary of state. The
103.6county auditor shall also change the status of the voter in the statewide registration system
103.7to "challenged" and the voter shall be required to provide proof of residence to either the
103.8county auditor or to the election judges in the voter's precinct before voting in the next
103.9election. Any of the forms authorized by section
103.10place may be used for this purpose.
103.11 (b) A voter who votes in a precinct other than the precinct in which the voter
103.12maintains residence after receiving an initial violation notice as provided in this
103.13subdivision is guilty of a petty misdemeanor.
103.14 (c) A voter who votes in a precinct other than the precinct in which the voter
103.15maintains residence after having been found to have committed a petty misdemeanor
103.16under paragraph (b) is guilty of a misdemeanor.
103.17 (d) Reliance by the voter on inaccurate information regarding the location of the
103.18voter's polling place provided by the state, county, or municipality is an affirmative
103.19defense to a prosecution under this subdivision.
103.20 Sec. 4. Minnesota Statutes 2006, section 201.056, is amended to read:
103.21201.056 SIGNATURE OF REGISTERED VOTER; MARKS ALLOWED.
103.22 An individual who is unable to write the individual's name shall be required to sign a
103.23registration
103.24section 645.44, subdivision 14. If the individual registers in person and signs by making
103.25a mark, the clerk or election judge accepting the registration shall certify the mark by
103.26signing the individual's name. If the individual registers by mail and signs by making a
103.27mark, the mark shall be certified by having a voter registered in the individual's precinct
103.28sign the individual's name and the voter's own name and give the voter's own address.
103.29 Sec. 5. Minnesota Statutes 2006, section 201.061, subdivision 1, is amended to read:
103.30 Subdivision 1. Prior to election day. At any time except during the 20 days
103.31immediately preceding any regularly scheduled election, an eligible voter or any
103.32individual who will be an eligible voter at the time of the next election may register to
103.33vote in the precinct in which the voter maintains residence by completing a paper voter
103.34registration application as described in section
104.1it in person or by mail to the county auditor of that county or to the Secretary of State's
104.2Office. If the Web site maintained by the secretary of state provides, an individual who has
104.3a Minnesota driver's license, identification card, or learner's permit may register online.
104.4A registration that is received no later than 5:00 p.m. on the 21st day preceding any
104.5election shall be accepted. An improperly addressed or delivered registration application
104.6shall be forwarded within two working days after receipt to the county auditor of the
104.7county where the voter maintains residence. A state or local agency or an individual that
104.8accepts completed voter registration applications from a voter must submit the completed
104.9applications to the secretary of state or the appropriate county auditor within ten business
104.10days after the applications are dated by the voter.
104.11 For purposes of this section, mail registration is defined as a voter registration
104.12application delivered to the secretary of state, county auditor, or municipal clerk by the
104.13United States Postal Service or a commercial carrier.
104.14 Sec. 6. Minnesota Statutes 2006, section 201.061, is amended by adding a subdivision
104.15to read:
104.16 Subd. 1b. Prohibited methods of compensation; penalty. (a) No individual
104.17may be compensated for the solicitation, collection, or acceptance of voter registration
104.18applications from voters for submission to the secretary of state, a county auditor, or other
104.19local election official in a manner in which payment is calculated by multiplying (1)
104.20either a set or variable payment rate, by (2) the number of voter registration applications
104.21solicited, collected, or accepted.
104.22 (b) No individual may be deprived of compensation or have compensation
104.23automatically reduced exclusively for failure to solicit, collect, or accept a minimum
104.24number of voter registration applications and no individual may receive additional
104.25compensation for reaching or exceeding a minimum number of voter registration
104.26applications.
104.27 (c) A person who violates this subdivision is guilty of a petty misdemeanor.
104.28 Sec. 7. Minnesota Statutes 2006, section 201.061, subdivision 3, is amended to read:
104.29 Subd. 3. Election day registration. (a) The definitions in this paragraph apply
104.30to this subdivision:
104.31 (1) "current utility bill" means a utility bill dated within 30 days before the election
104.32day or due within 30 days before or after the election;
104.33 (2) "photo identification" means identification that displays the name and photo
104.34of an individual and that was issued by:
105.1 (i) another state for use as a driver's license or identification card;
105.2 (ii) a Minnesota college, university, or other postsecondary educational institution or
105.3high school as a student identification card; or
105.4 (iii) a tribal government of a tribe recognized by the Bureau of Indian Affairs, United
105.5States Department of the Interior;
105.6 (3) "residential facility" means transitional housing as defined in section
105.7subdivision 1
105.8section
105.95
105.10establishment as defined in section
105.11the board of directors of the Minnesota Veterans Homes under chapter 198; a residence
105.12licensed by the commissioner of human services to provide a residential program as
105.13defined in section
105.14developmental disability licensed by the commissioner of human services under section
105.15
105.16for battered women as defined in section
105.17publicly or privately operated shelter or dwelling designed to provide temporary living
105.18accommodations for the homeless; and
105.19 (4) "utility bill" means a written or electronic bill for gas, electricity, telephone,
105.20wireless telephone, cable television, satellite television, solid waste, water, sewer services,
105.21or an itemized rent statement.
105.22 (b) An individual who is eligible to vote may register on election day by appearing
105.23in person at the polling place for the precinct in which the individual maintains residence,
105.24by completing a registration application, making an oath in the form prescribed by the
105.25secretary of state and providing proof of residence. An individual may prove residence for
105.26purposes of registering by:
105.27 (1) presenting a driver's license or Minnesota identification card issued pursuant
105.28to section
105.29 (2) presenting:
105.30 (i) a photo identification; and
105.31 (ii) a current utility bill or lease, showing the individual's name and valid residential
105.32address in the precinct;
105.33 (3) presenting an identification card issued by the tribal government of a tribe
105.34recognized by the Bureau of Indian Affairs, United States Department of the Interior, that
105.35contains the name, address, signature, and picture of the individual;
106.1
106.2identification;
106.3
106.4 (i) a current valid student identification card from a postsecondary educational
106.5institution in Minnesota, if a list of students from that institution has been prepared under
106.6section
106.7the secretary of state; or
106.8 (ii) a current student fee statement that contains the student's valid address in the
106.9precinct together with a
106.10
106.11employee employed by and working in a residential facility in the precinct and vouching
106.12for a resident in the facility, sign an oath in the presence of the election judge vouching that
106.13the voter or employee personally knows that the individual is a resident of the precinct. A
106.14voter who has been vouched for on election day may not sign a proof of residence oath
106.15vouching for any other individual on that election day. A voter who is registered to vote
106.16in the precinct may sign up to 15 proof-of-residence oaths on any election day. This
106.17limitation does not apply to an employee of a residential facility described in this clause.
106.18 (ii) The secretary of state shall provide a form for election judges to use in recording
106.19the number of individuals for whom a voter signs proof-of-residence oaths on election
106.20day. The form must include space for the maximum number of individuals for whom a
106.21voter may sign proof-of-residence oaths. For each proof-of-residence oath, the form
106.22must include a statement that the voter is registered to vote in the precinct, personally
106.23knows that the individual is a resident of the precinct, and is making the statement on
106.24oath. The form must include a space for the voter's printed name, signature, telephone
106.25number, and address.
106.26 The oath required by this subdivision and Minnesota Rules, part
106.27be attached to the voter registration application
106.28
106.29
106.30
106.31
106.32
106.33
106.34
106.35
107.1
107.2
107.3
107.4
107.5
107.6
107.7
107.8
107.9
107.10
107.11
107.12
107.13
107.14
107.15
107.16
107.17
107.18
107.19
107.20
107.21
107.22
107.23 (c) An employee of a residential facility must prove employment with that
107.24facility by presenting a current identification card issued by the facility or other official
107.25documentation verifying the employee's current status with the facility on election day to
107.26be eligible to vouch for individuals residing in that facility.
107.27
107.28responsible for election day registration initial each completed registration application.
107.29EFFECTIVE DATE.This section is effective September 1, 2007.
107.30 Sec. 8. Minnesota Statutes 2006, section 201.071, subdivision 1, is amended to read:
107.31 Subdivision 1. Form. A voter registration application must
107.32
107.33name, middle name, and last name; voter's previous name, if any; voter's current address;
107.34voter's previous address, if any; voter's date of birth; voter's municipality and county of
107.35residence; voter's telephone number, if provided by the voter; date of registration; current
108.1and valid Minnesota driver's license number or Minnesota state identification number,
108.2or if the voter has no current and valid Minnesota driver's license or Minnesota state
108.3identification, and the last four digits of the voter's Social Security number
108.4
108.5by the voter, and the voter's interest in serving as an election judge, if indicated by the
108.6voter. The application must also contain the following certification of voter eligibility:
108.7 "I certify that I:
108.8 (1) will be at least 18 years old on election day;
108.9 (2) am a citizen of the United States;
108.10 (3) will have resided in Minnesota for 20 days immediately preceding election day;
108.11 (4) maintain residence at the address given on the registration form;
108.12 (5) am not under court-ordered guardianship in which the court order revokes my
108.13right to vote;
108.14 (6) have not been found by a court to be legally incompetent to vote;
108.15 (7) have the right to vote because, if I have been convicted of a felony, my felony
108.16sentence has expired (been completed) or I have been discharged from my sentence; and
108.17 (8) have read and understand the following statement: that giving false information
108.18is a felony punishable by not more than five years imprisonment or a fine of not more
108.19than $10,000, or both."
108.20 The certification must include boxes for the voter to respond to the following
108.21questions:
108.22 "(1) Are you a citizen of the United States?" and
108.23 "(2) Will you be 18 years old on or before election day?"
108.24 And the instruction:
108.25 "If you checked 'no' to either of these questions, do not complete this form."
108.26 The form of the voter registration application and the certification of voter eligibility
108.27must be as provided in this subdivision and approved by the secretary of state. Voter
108.28registration forms authorized by the National Voter Registration Act must also be accepted
108.29as valid. The federal postcard application form must also be accepted as valid if it is not
108.30deficient and the voter is eligible to register in Minnesota.
108.31 An individual may use a voter registration application to apply to register to vote in
108.32Minnesota or to change information on an existing registration.
108.33 A paper voter registration application must include space for the voter's signature
108.34and be of suitable size and weight for mailing.
109.1 Sec. 9. Minnesota Statutes 2006, section 201.091, is amended by adding a subdivision
109.2to read:
109.3 Subd. 5a. Registration verification to registered voter. The secretary of state may
109.4provide for voter registration verification to a registered voter on the secretary of state's
109.5Web site. An individual using the verification service must provide the individual's name,
109.6address, and date of birth when requesting registration verification. If the verification
109.7information provided completely matches an active registration record in the statewide
109.8registration system, the individual must be informed that the individual is a registered
109.9voter and provided with the individual's polling place location. If the verification
109.10information provided does not completely match an active registration record in the
109.11statewide registration system, the individual must be informed that a registration record
109.12at the name and address provided cannot be retrieved and advised to contact the county
109.13auditor or secretary of state for further information.
109.14 Sec. 10. Minnesota Statutes 2006, section 201.091, subdivision 9, is amended to read:
109.15 Subd. 9. Restricted data. A list provided for public inspection or purchase, for
109.16jury selection, or in response to a law enforcement inquiry, must not include a voter's
109.17date of birth or any part of a voter's Social Security number, driver's license number,
109.18identification card number, military identification card number, or passport number.
109.19 Sec. 11. Minnesota Statutes 2006, section 201.12, is amended to read:
109.20201.12 PROPER REGISTRATION; VERIFICATION BY MAIL;
109.21CHALLENGES.
109.22 Subdivision 1. Notice of registration. To prevent fraudulent voting and to eliminate
109.23excess names, the county auditor may mail to any registered voter a notice stating the
109.24voter's name and address as they appear in the registration files. The notice shall request
109.25the voter to notify the county auditor if there is any mistake in the information.
109.26 Subd. 2.
109.27but with a permanent forwarding address in this state, the county auditor shall notify the
109.28auditor of the county where the voter resides. Upon receipt of the notice, the county
109.29auditor shall update the voter's address in the statewide voter registration system and mail
109.30to the voter the notice of registration required by section
109.31notice must advise the voter that the voter's voting address has been changed and that the
109.32voter must notify the county auditor within 21 days if the new address is not what the
109.33voter intended to be their permanent address.
110.1 Subd. 3. Moved out of state. If the notice is returned as undeliverable but with a
110.2permanent forwarding address outside this state, the county auditor shall promptly mail
110.3to the voter at the forwarding address a notice advising the voter that the voter's voter
110.4registration in this state will be deleted unless the voter notifies the county auditor within
110.521 days that the voter intends to retain the former address as the voter's permanent address.
110.6If the notice is not received by the deadline, the county auditor shall delete the registration.
110.7 Subd. 4. Challenges.
110.8
110.9
110.10
110.11forwarding address, the county auditor shall change the registrant's status to "challenged"
110.12in the statewide registration system. An individual challenged in accordance with this
110.13subdivision shall comply with the provisions of section
110.14vote. If a notice mailed at least 60 days after the return of the first nonforwardable mailing
110.15is also returned by the postal service, the county auditor shall change the registrant's status
110.16to "inactive" in the statewide registration system.
110.17EFFECTIVE DATE.This section is effective August 1, 2007.
110.18 Sec. 12. Minnesota Statutes 2006, section 201.13, subdivision 3, is amended to read:
110.19 Subd. 3. Use of change of address system.
110.20
110.21
110.22
110.23
110.24 (a) At least once each month the secretary of state shall obtain a list of individuals in
110.25this state who have filed with the United States Postal Service a change of their permanent
110.26address. If an individual is registered as a voter in the statewide voter registration system
110.27and the change is to another address in this state, the secretary of state shall transmit
110.28the registration by electronic means to the county auditor of the county where the voter
110.29resides. Upon receipt of the registration, the county auditor shall update the voter's
110.30address in the statewide voter registration system and mail to the voter the notice of
110.31registration required by section
110.32that the voter's permanent address has been changed and that the voter must notify the
110.33county auditor within 21 days if the new address is not what the voter intended to be the
110.34voter's permanent address.
111.1 (b) If the change of permanent address is to a forwarding address outside this state,
111.2the secretary of state shall notify by electronic means the auditor of the county where the
111.3voter formerly resided that the voter has left the state. The county auditor shall promptly
111.4mail to the voter at the forwarding address a notice advising the voter that the voter's voter
111.5registration in this state will be deleted unless the voter notifies the county auditor within
111.621 days that the voter intends to retain the former address as the voter's permanent address.
111.7If the notice is not received by the deadline, the county auditor shall delete the registration.
111.8EFFECTIVE DATE.This section is effective April 1, 2008.
111.9 Sec. 13. Minnesota Statutes 2006, section 201.161, is amended to read:
111.10201.161 AUTOMATIC REGISTRATION OF DRIVER'S LICENSE,
111.11INSTRUCTION PERMIT, AND IDENTIFICATION CARD
111.12APPLICANTS.
111.13 Subdivision 1. Automatic registration. An individual who properly completes
111.14an application for a new or renewed Minnesota driver's license, instruction permit, or
111.15identification card, and who is eligible to vote under section
111.16vote as provided in this section, unless the applicant declines to be registered.
111.17 Subd. 2. Applications. The
111.18consultation with the secretary of state, shall change
111.19duplicate, or change of address driver's license, instruction permit, or identification card so
111.20that the forms may also serve as voter registration applications. The forms must contain
111.21spaces for all information collected by voter registration applications prescribed by the
111.22secretary of state and a box for the applicant to decline to be registered to vote.
111.23
111.24
111.25commissioner shall transmit the information
111.26electronic means to the secretary of state. Pursuant to the Help America Vote Act of 2002,
111.27Public Law 107-252, the computerized driver's license record containing the voter's name,
111.28address, date of birth, citizenship, driver's license number or state identification number,
111.29county,
111.30secretary of state and interaction with the statewide voter registration system.
111.31 Subd. 3. Registration. (a) The secretary of state shall determine whether the
111.32applicant is currently registered in the statewide voter registration system. For each
111.33currently registered voter whose registration is not changed, the secretary of state shall
111.34update the voter's registration date in the statewide voter registration system. For each
112.1currently registered voter whose registration is changed, the secretary of state shall
112.2transmit the registration daily by electronic means to the county auditor of the county
112.3where the voter resides.
112.4 (b) If the applicant is not currently registered in the statewide voter registration
112.5system, the secretary of state shall determine whether the applicant is 18 years of age or
112.6older and a citizen of the United States and compare the voter registration information
112.7received from the commissioner of public safety with the information on wards,
112.8incompetents, and felons received from the state court administrator under sections 201.15
112.9and 201.155, to determine whether the applicant is eligible to vote. If an applicant is
112.10less than 18 years of age, the secretary of state shall wait until the applicant has turned
112.1118 years of age to determine whether the applicant is eligible to vote. For each applicant
112.12the secretary of state determines is an eligible voter, the secretary of state shall transmit
112.13the registration daily by electronic means to the county auditor of the county where the
112.14voter resides.
112.15 Subd. 4. Notice. Upon receipt of the registration, the county auditor shall mail to
112.16the voter the notice of registration required by section
112.17 Subd. 5. Effective date. An application for registration that is dated during the 20
112.18days before an election in any jurisdiction within which the voter resides is not effective
112.19until the day after the election.
112.20 Sec. 14. Minnesota Statutes 2006, section 201.171, is amended to read:
112.21201.171 POSTING VOTING HISTORY; FAILURE TO VOTE;
112.22REGISTRATION REMOVED.
112.23 Within six weeks after every election, the county auditor shall post the voting
112.24history for every person who voted in the election. After the close of the calendar year, the
112.25secretary of state shall determine if any registrants have not voted during the preceding
112.26
112.27of those registrants to "inactive" in the statewide registration system. The list maintenance
112.28performed must be conducted in a manner that ensures that the name of each registered
112.29voter appears in the official list of eligible voters in the statewide registration system.
112.30A voter must not be removed from the official list of eligible voters unless the voter is
112.31not eligible or is not registered to vote. List maintenance must include procedures for
112.32eliminating duplicate names from the official list of eligible voters.
112.33 The secretary of state shall also prepare a report to the county auditor containing the
112.34names of all registrants whose status was changed to "inactive."
113.1 Registrants whose status was changed to "inactive" must register in the manner
113.2specified in section
113.3district, or special election, as required by section
113.4 Although not counted in an election, a late or rejected absentee or mail ballot must
113.5be considered a vote for the purpose of continuing registration.
113.6 Sec. 15. Minnesota Statutes 2006, section 203B.02, subdivision 1, is amended to read:
113.7 Subdivision 1.
113.8Any eligible voter
113.9
113.10
113.11
113.12
113.13
113.14
113.15
113.16
113.17
113.18
113.19EFFECTIVE DATE.This section is effective April 1, 2008.
113.20 Sec. 16. Minnesota Statutes 2006, section 203B.04, subdivision 1, is amended to read:
113.21 Subdivision 1. Application procedures. Except as otherwise allowed by
113.22subdivision 2, an application for absentee ballots for any election may be submitted at
113.23any time not less than one day before the day of that election. The county auditor shall
113.24prepare absentee ballot application forms in the format provided by the secretary of state,
113.25notwithstanding rules on absentee ballot forms, and shall furnish them to any person on
113.26request. By January 1 of each even-numbered year, the secretary of state shall make the
113.27forms to be used available to auditors through electronic means. An application submitted
113.28pursuant to this subdivision shall be in writing and shall be submitted to:
113.29
113.30
113.31the applicant maintains residence.
113.32 An application shall be approved if it is timely received, signed and dated by the
113.33applicant, contains the applicant's name and residence and mailing addresses, and states
113.34that the applicant is eligible to vote by absentee ballot
114.1
114.2must not be made available for public inspection. An application may be submitted to
114.3the county auditor or municipal clerk by an electronic facsimile device. An application
114.4mailed or returned in person to the county auditor or municipal clerk on behalf of a voter
114.5by a person other than the voter must be deposited in the mail or returned in person to
114.6the county auditor or municipal clerk within ten days after it has been dated by the voter
114.7and no later than six days before the election. The absentee ballot applications or a list of
114.8persons applying for an absentee ballot may not be made available for public inspection
114.9until the close of voting on election day.
114.10 An application under this subdivision may contain an application under subdivision
114.115 to automatically receive an absentee ballot application.
114.12EFFECTIVE DATE.This section is effective April 1, 2008.
114.13 Sec. 17. Minnesota Statutes 2006, section 203B.04, subdivision 6, is amended to read:
114.14 Subd. 6. Ongoing absentee status; termination; rules. (a) An eligible voter
114.15may apply to a county auditor or municipal clerk for status as an ongoing absentee voter
114.16
114.17The voter may decline to receive an absentee ballot for one or more elections, provided
114.18the request is received by the county auditor or municipal clerk at least five days before
114.19the deadline in section 204B.35 for delivering ballots for the election to which it applies.
114.20Each applicant must automatically be provided with an absentee ballot
114.21each ensuing election, other than an election by mail conducted under section
114.22or as otherwise requested by the voter, and must have the status of ongoing absentee voter
114.23indicated on the voter's registration record.
114.24 (b) Ongoing absentee voter status ends on:
114.25 (1) the voter's written request;
114.26 (2) the voter's death;
114.27 (3) return of an ongoing absentee ballot as undeliverable;
114.28 (4) a change in the voter's status so that the voter is not eligible to vote under section
114.30 (5) placement of the voter's registration on inactive status under section
114.31 (c) The secretary of state shall adopt rules governing procedures under this
114.32subdivision.
114.33EFFECTIVE DATE.This section is effective April 1, 2008.
115.1 Sec. 18. Minnesota Statutes 2006, section 203B.06, subdivision 3, is amended to read:
115.2 Subd. 3. Delivery of ballots. (a) If an application for absentee ballots is accepted
115.3at a time when absentee ballots are not yet available for distribution, the county auditor,
115.4or municipal clerk accepting the application shall file it and as soon as absentee ballots
115.5are available for distribution shall mail them to the address specified in the application.
115.6If an application for absentee ballots is accepted when absentee ballots are available for
115.7distribution, the county auditor or municipal clerk accepting the application shall promptly:
115.8 (1) mail the ballots to the voter whose signature appears on the application if the
115.9application is submitted by mail and does not request commercial shipping under clause
115.10(2);
115.11 (2) ship the ballots to the voter using a commercial shipper requested by the voter at
115.12the voter's expense;
115.13 (3) deliver the absentee ballots directly to the voter if the application is submitted in
115.14person; or
115.15 (4) deliver the absentee ballots in a sealed transmittal envelope to an agent who has
115.16been designated to bring the ballots, as provided in section 203B.11, subdivision 4, to a
115.17voter who
115.18disabled, a patient in a health care facility,
115.19
115.20participant in a residential program for adults licensed under section
115.2114
115.224
115.23 (b) If an application does not indicate the election for which absentee ballots are
115.24sought, the county auditor or municipal clerk shall mail or deliver only the ballots for
115.25the next election occurring after receipt of the application. Only one set of ballots may
115.26be mailed, shipped, or delivered to an applicant for any election, except as provided in
115.27section
115.28voter for a ballot that has been spoiled or lost in transit.
115.29EFFECTIVE DATE.This section is effective August 1, 2007.
115.30 Sec. 19. Minnesota Statutes 2006, section 203B.07, subdivision 2, is amended to read:
115.31 Subd. 2. Design of envelopes. The return envelope shall be of sufficient size
115.32to conveniently enclose and contain the ballot envelope and a voter registration
115.33application folded along its perforations. The return envelope shall be designed to open
115.34on the left-hand end.
115.35
116.1
116.2
116.3
116.4
116.5
116.6
116.7absentee ballot shall be printed on the back of the envelope. The certificate shall contain
116.8a statement to be signed and sworn by the voter indicating that the voter meets all of
116.9the requirements established by law for voting by absentee ballot. If the voter was not
116.10previously registered, the certificate shall also contain a statement signed by a person who
116.11is registered to vote in Minnesota or by a notary public or other individual authorized
116.12to administer oaths stating that:
116.13
116.14
116.15how they were marked, or, if the voter was physically unable to mark them, that the voter
116.16directed another individual to mark them; and
116.17
116.18residence as required by section
116.19 The county auditor or municipal clerk shall affix first class postage to the return
116.20envelopes.
116.21EFFECTIVE DATE.This section is effective April 1, 2008.
116.22 Sec. 20. Minnesota Statutes 2006, section 203B.081, is amended to read:
116.23203B.081 LOCATIONS FOR ABSENTEE VOTING IN PERSON.
116.24 An eligible voter may vote by absentee ballot during the 30 days before the election
116.25in the office of the county auditor and at any other polling place designated by the county
116.26auditor. The county auditor shall make such designations at least 90 days before the
116.27election. At least one voting booth and at least one electronic ballot marker in each polling
116.28place must be made available by the county auditor for this purpose.
116.29 Sec. 21. Minnesota Statutes 2006, section 203B.11, subdivision 4, is amended to read:
116.30 Subd. 4. Agent delivery of ballots. During the
116.31election and until 2:00 p.m. on election day, an eligible voter who
116.32getting to the polls because of health reasons, or who is disabled, a patient of a health care
116.33facility, a resident of a facility providing assisted living services governed by chapter
117.1144G, a participant in a residential program for adults licensed under section
117.2subdivision 14, or a resident of a shelter for battered women as defined in section
117.3subdivision 4, may designate an agent to deliver the ballots to the voter from the county
117.4auditor or municipal clerk. A candidate at the election may not be designated as an agent.
117.5The voted ballots must be returned to the county auditor or municipal clerk no later than
117.63:00 p.m. on election day. The voter must complete an affidavit requesting the auditor or
117.7clerk to provide the agent with the ballots in a sealed transmittal envelope. The affidavit
117.8must include a statement from the voter stating that the ballots were delivered to the voter
117.9by the agent in the sealed transmittal envelope. An agent may deliver ballots to no more
117.10than three persons in any election. The secretary of state shall provide samples of the
117.11affidavit and transmission envelope for use by the county auditors.
117.12EFFECTIVE DATE.This section is effective August 1, 2007.
117.13 Sec. 22. Minnesota Statutes 2006, section 203B.12, subdivision 4, is amended to read:
117.14 Subd. 4. Placement in container; opening and counting of ballots. The ballot
117.15envelopes from return envelopes marked "Accepted" shall be placed by the election
117.16judges in a separate absentee ballot container. The container and each ballot envelope may
117.17be opened only after
117.18noon on election day. The ballots shall then be initialed by the election judges in the
117.19same manner as ballots delivered by them to voters in person and shall be deposited in
117.20the appropriate ballot box.
117.21 If more than one ballot of any kind is enclosed in the ballot envelope, none of the
117.22ballots of that kind shall be counted but all ballots of that kind shall be returned in the
117.23manner provided by section
117.24 Sec. 23. Minnesota Statutes 2006, section 203B.13, subdivision 1, is amended to read:
117.25 Subdivision 1. Establishment. The governing body of any county
117.26
117.27municipality, or any school district may by ordinance or resolution, authorize an absentee
117.28ballot board. The board shall consist of a sufficient number of election judges appointed as
117.29provided in sections
117.30 Sec. 24. Minnesota Statutes 2006, section 203B.13, subdivision 2, is amended to read:
117.31 Subd. 2. Duties. The absentee ballot board may
117.32
117.33
118.1
118.2all return absentee ballot envelopes and
118.3manner provided in section
118.4
118.5
118.6
118.7
118.8 The absentee ballot board may begin the process of examining the return envelopes
118.9and marking them "accepted" or "rejected" at any time during the 30 days before the
118.10election. If an envelope has been rejected at least five days before the election, the
118.11ballots in the envelope must be considered spoiled ballots and the official in charge of the
118.12absentee ballot board shall provide the voter with a replacement absentee ballot and return
118.13envelope in place of the spoiled ballot.
118.14
118.15 Sec. 25. Minnesota Statutes 2006, section 203B.16, subdivision 2, is amended to read:
118.16 Subd. 2. Permanent residence outside United States. Sections
118.18living permanently outside the territorial limits of the United States who meet all the
118.19qualifications of an eligible voter except residence in Minnesota, but who are authorized
118.20by federal law to vote in Minnesota because they maintained residence in Minnesota for
118.21at least 20 days immediately prior to their departure from the United States or because,
118.22although they have never resided in the United States, they have a parent who is eligible to
118.23vote in Minnesota. Individuals described in this subdivision shall be permitted to vote
118.24only for the offices of president, vice-president, senator in Congress, and representative in
118.25Congress.
118.26EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.
118.27 Sec. 26. Minnesota Statutes 2006, section 203B.17, subdivision 2, is amended to read:
118.28 Subd. 2. Required information. An application shall be accepted if it contains the
118.29following information stated under oath:
118.30 (a) the voter's name, birthdate, and present address of residence in Minnesota, or
118.31former address of residence in Minnesota if the voter is living permanently outside the
118.32United States;
118.33 (b) a statement indicating that the voter is in the military, or is the spouse or
118.34dependent of an individual serving in the military, or is temporarily outside the territorial
119.1limits of the United States, or is living permanently outside the territorial limits of the
119.2United States and voting under federal law;
119.3 (c) a statement that the voter expects to be absent from the precinct at the time
119.4of the election;
119.5 (d) the address to which absentee ballots are to be mailed;
119.6 (e) the voter's signature or the signature and relationship of the individual authorized
119.7to apply on the voter's behalf; and
119.8 (f) the voter's military identification card number, passport number, or Minnesota
119.9driver's license or state identification card number
119.10
119.11
119.12
119.13
119.14
119.15
119.16
119.17
119.18
119.19these documents, the voter may attest to the truthfulness of the contents of the application
119.20under penalty of perjury.
119.21EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.
119.22 Sec. 27. Minnesota Statutes 2006, section 203B.21, subdivision 2, is amended to read:
119.23 Subd. 2. Mailing of ballots; return. Ballots and instructions for marking them,
119.24ballot envelopes, and return envelopes shall be sent by first class mail to addresses within
119.25the continental United States and by air mail to addresses outside the continental United
119.26States, unless the voter requests to have the ballot, instructions, and certificate of voter
119.27eligibility sent electronically, as provided for by section 203B.225. The ballot envelope
119.28and return envelope shall be marked "Official Ballot," and shall contain sufficient postage
119.29to assure proper return delivery. The return envelope shall be addressed to comply with any
119.30method for return of absentee ballots as authorized under section
119.31EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.
119.32 Sec. 28. Minnesota Statutes 2006, section 203B.21, subdivision 3, is amended to read:
120.1 Subd. 3. Back of return envelope. On the back of the return envelope an affidavit
120.2form shall appear with space for:
120.3 (a) the voter's address of present or former residence in Minnesota;
120.4 (b) a statement indicating the category described in section
120.5voter belongs;
120.6 (c) a statement that the voter has not cast and will not cast another absentee ballot
120.7in the same election or elections;
120.8 (d) a statement that the voter personally marked the ballots without showing them to
120.9anyone, or if physically unable to mark them, that the voter directed another individual
120.10to mark them; and
120.11 (e) the same voter's military identification card number, passport number, or
120.12Minnesota driver's license or state identification card number as provided on the absentee
120.13ballot application
120.14
120.15
120.16
120.17access to any of these documents, the voter may attest to the truthfulness of the contents of
120.18the application under penalty of perjury.
120.19 The affidavit shall also contain a signed and dated oath in the form required by
120.20section 705 of the Help America Vote Act, Public Law 107-252, which must read:
120.21 "I swear or affirm, under penalty of perjury, that:
120.22 I am a member of the uniformed services or merchant marine on active duty or
120.23an eligible spouse or dependent of such a member; a United States citizen temporarily
120.24residing outside the United States; or other United States citizen residing outside the
120.25United States; and I am a United States citizen, at least 18 years of age (or will be by the
120.26date of the election), and I am eligible to vote in the requested jurisdiction; I have not
120.27been convicted of a felony, or other disqualifying offense, or been adjudicated mentally
120.28incompetent, or, if so, my voting rights have been reinstated; and I am not registering,
120.29requesting a ballot, or voting in any other jurisdiction in the United States except the
120.30jurisdiction cited in this voting form. In voting, I have marked and sealed my ballot in
120.31private and have not allowed any person to observe the marking of the ballot, except for
120.32those authorized to assist voters under state or federal law. I have not been influenced.
120.33 My signature and date below indicate when I completed this document.
120.34 The information on this form is true, accurate, and complete to the best of my
120.35knowledge. I understand that a material misstatement of fact in completion of this
120.36document may constitute grounds for a conviction for perjury."
121.1EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.
121.2 Sec. 29. Minnesota Statutes 2006, section 203B.22, is amended to read:
121.3203B.22 MAILING BALLOTS.
121.4 The county auditor shall mail the appropriate ballots, as promptly as possible, to an
121.5absent voter whose application has been recorded under section
121.6auditor determines that a voter is not eligible to vote at the primary but will be eligible to
121.7vote at the general election, only general election ballots shall be mailed. Only one set of
121.8ballots shall be mailed to any applicant for any election, except that the county auditor
121.9may mail a replacement ballot to a voter whose ballot has been spoiled or lost in transit
121.10or whose mailing address has changed after the date on which the original application
121.11was submitted as confirmed by the county auditor. Ballots to be sent outside the United
121.12States shall be given priority in mailing. A county auditor may make use of any special
121.13service provided by the United States government for the mailing of voting materials
121.14under sections
121.15EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.
121.16 Sec. 30. [203B.225] TRANSMITTING AND RETURNING BALLOTS.
121.17 Subdivision 1. Transmitting ballot and voter certification. Upon receipt of a
121.18properly completed application, the county auditor may electronically transmit to the voter
121.19the appropriate ballots, instructions, and affidavit form and certification of voter eligibility
121.20provided in section 203B.21, subdivision 3.
121.21 Subd. 2. Returning voted ballots. The voter must return the voted ballots and the
121.22certificate of voter eligibility to the county auditor in a sealed envelope. Upon receipt
121.23of a ballot, the county auditor must immediately compare the information provided on
121.24the absentee ballot application with the information provided on the certificate of voter
121.25eligibility. After the information on the certificate of voter eligibility has been verified,
121.26the certificate must be attached to the ballot secrecy envelope and placed with the other
121.27absentee ballots for the precinct in which the voter resides.
121.28 Subd. 3. Rejecting transmitted ballots. If the county auditor cannot verify that the
121.29ballots were returned by the same person to whom the absentee ballot application was
121.30transmitted, the ballots must be rejected and no votes on the ballots may be counted.
121.31EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.
121.32 Sec. 31. [203B.227] WRITE-IN ABSENTEE BALLOT.
122.1 An eligible voter who will be outside the territorial limits of the United States during
122.2the 180 days prior to the state general election may use the federal write-in absentee ballot
122.3to vote in any federal, state, or local election.
122.4EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.
122.5 Sec. 32. Minnesota Statutes 2006, section 203B.24, subdivision 1, is amended to read:
122.6 Subdivision 1. Check of voter eligibility; proper execution of affidavit. Upon
122.7receipt of an absentee ballot returned as provided in sections
122.8election judges shall compare the voter's name with the names appearing on their copy of
122.9the application records to insure that the ballot is from a voter eligible to cast an absentee
122.10ballot under sections
122.11envelope "Accepted" and initial or sign the return envelope below the word "Accepted" if
122.12the election judges are satisfied that:
122.13 (1) the voter's name on the return envelope appears in substantially the same form as
122.14on the application records provided to the election judges by the county auditor;
122.15 (2) the voter has signed the federal oath prescribed pursuant to section 705(b)(2) of
122.16the Help America Vote Act, Public Law 107-252;
122.17 (3) the voter has set forth the same voter's military identification number
122.18number, or
122.19
122.20
122.21
122.22the application, if the voter has one of these documents; and
122.23 (4) the voter has not already voted at that election, either in person or by absentee
122.24ballot.
122.25 An absentee ballot case pursuant to sections
122.26rejected for the lack of one of clauses (1) to (4). In particular, failure to place the ballot
122.27within the security envelope before placing it in the outer white envelope is not a reason to
122.28reject an absentee ballot.
122.29 Election judges must note the reason for rejection on the back of the envelope in the
122.30space provided for that purpose.
122.31 Failure to return unused ballots shall not invalidate a marked ballot, but a ballot
122.32shall not be counted if the affidavit on the return envelope is not properly executed. In
122.33all other respects the provisions of the Minnesota Election Law governing deposit and
122.34counting of ballots shall apply.
123.1EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.
123.2 Sec. 33. [203B.28] EMERGENCY POWERS.
123.3 (a) If the governor has declared an emergency and filed the declaration with the
123.4secretary of state under section 12.31, or if a natural disaster or armed conflict involving
123.5the United States Armed Forces, or mobilization of those forces, including National Guard
123.6and reserve components of this state, makes substantial compliance with the Uniformed
123.7and Overseas Citizens Absentee Voting Act impossible or unreasonable, the secretary of
123.8state may prescribe, by emergency orders, special procedures or requirements necessary to
123.9facilitate absentee voting by those citizens directly affected who otherwise are eligible
123.10to vote in this state.
123.11 (b) The secretary of state shall adopt rules describing the emergency powers and the
123.12situations in which the powers must be exercised.
123.13EFFECTIVE DATE.Paragraph (a) is effective for elections held after April 1,
123.142008. Paragraph (b) is effective the day following final enactment.
123.15 Sec. 34. Minnesota Statutes 2006, section 204B.06, subdivision 1, is amended to read:
123.16 Subdivision 1. Form of affidavit. An affidavit of candidacy shall state the name of
123.17the office sought and, except as provided in subdivision 4, shall state that the candidate:
123.18 (1) is an eligible voter;
123.19 (2) has no other affidavit on file as a candidate for any office at the same primary
123.20or next ensuing general election, except that a candidate for soil and water conservation
123.21district supervisor in a district not located in whole or in part in Anoka, Hennepin,
123.22Ramsey, or Washington County, may also have on file an affidavit of candidacy for
123.23mayor or council member of a statutory or home rule charter city of not more than 2,500
123.24population contained in whole or in part in the soil and water conservation district or for
123.25town supervisor in a town of not more than 2,500 population contained in whole or in part
123.26in the soil and water conservation district; and
123.27 (3) is, or will be on assuming the office, 21 years of age or more, and will have
123.28maintained residence in the district from which the candidate seeks election for 30 days
123.29before the general election.
123.30 An affidavit of candidacy must include a statement that the candidate's name as
123.31written on the affidavit for ballot designation is the candidate's true name or the name by
123.32which the candidate is commonly and generally known in the community.
123.33 An affidavit of candidacy for partisan office shall also state the name of the
123.34candidate's political party or political principle, stated in three words or less. Except as
124.1provided in section 204B.09, subdivision 1a, the affidavit of candidacy must include an
124.2original signature of the candidate.
124.3 Sec. 35. Minnesota Statutes 2006, section 204B.09, subdivision 1, is amended to read:
124.4 Subdivision 1. Candidates in state and county general elections. (a) Except as
124.5otherwise provided by this subdivision, affidavits of candidacy and nominating petitions
124.6for county, state, and federal offices filled at the state general election shall be filed not
124.7more than 70 days nor less than 56 days before the state primary. The affidavit may
124.8be prepared and signed at any time between 60 days before the filing period opens and
124.9the last day of the filing period.
124.10 (b) Notwithstanding other law to the contrary, the affidavit of candidacy must be
124.11signed in the presence of a notarial officer or an individual authorized to administer oaths
124.12under section
124.13 (c) This provision does not apply to candidates for presidential elector nominated
124.14by major political parties. Major party candidates for presidential elector are certified
124.15under section
124.16before the state primary day pursuant to section
124.17before the state primary
124.18filed as provided in section
124.195:00 p.m. on the last day for filing.
124.20 (d) Affidavits and petitions for county offices
124.21must be filed with the county auditor of that county. Affidavits and petitions for federal
124.22offices
124.23state. Affidavits and petitions for state offices must be filed with the secretary of state or
124.24with the county auditor of the county in which the candidate resides.
124.25 Sec. 36. Minnesota Statutes 2006, section 204B.09, subdivision 1a, is amended to read:
124.26 Subd. 1a. Absent candidates. (a) A candidate for special district, county, state,
124.27or federal office who will be absent from the state during the filing period may submit
124.28a properly executed affidavit of candidacy, the appropriate filing fee, and any necessary
124.29petitions in person to the filing officer. The candidate shall state in writing the reason for
124.30being unable to submit the affidavit during the filing period. The affidavit, filing fee,
124.31and petitions must be submitted to the filing officer during the seven days immediately
124.32preceding the candidate's absence from the state. Nominating petitions may be signed
124.33during the 14 days immediately preceding the date when the affidavit of candidacy is filed.
125.1 (b) In extraordinary circumstances beyond the candidate's control that prevent
125.2the candidate from filing an affidavit of candidacy authenticated by the candidate's
125.3handwritten or other signature meeting the requirements of section 645.44, subdivision 14,
125.4the affidavit of candidacy may be filed electronically with the secretary of state along with
125.5a written statement of the extraordinary circumstances. The affidavit and statement may be
125.6authenticated either by the electronic facsimile signature of the candidate, by an electronic
125.7signature consisting of a password assigned by the secretary of state, or by another form of
125.8electronic signature approved by the secretary of state. The secretary of state may adopt
125.9rules governing the electronic filing of an affidavit of candidacy under this paragraph.
125.10 Sec. 37. Minnesota Statutes 2006, section 204B.09, subdivision 3, is amended to read:
125.11 Subd. 3. Write-in candidates. (a) A candidate for county, state, or federal office
125.12who wants write-in votes for the candidate to be counted must file a written request with
125.13the filing office for the office sought no later than the
125.14election. The filing officer shall provide copies of the form to make the request.
125.15 (b) A candidate for president of the United States who files a request under this
125.16subdivision must include the name of a candidate for vice-president of the United States.
125.17The request must also include the name of at least one candidate for presidential elector.
125.18The total number of names of candidates for presidential elector on the request may not
125.19exceed the total number of electoral votes to be cast by Minnesota in the presidential
125.20election.
125.21 (c) A candidate for governor who files a request under this subdivision must include
125.22the name of a candidate for lieutenant governor.
125.23 Sec. 38. Minnesota Statutes 2006, section 204B.11, subdivision 2, is amended to read:
125.24 Subd. 2. Petition in place of filing fee. At the time of filing an affidavit of
125.25candidacy, a candidate may present a petition in place of the filing fee. The petition may be
125.26circulated from the date of precinct caucuses to the end of the period for filing affidavits of
125.27candidacy. The petition may be signed by any individual eligible to vote for the candidate.
125.28A nominating petition filed pursuant to section
125.29effective as a petition in place of a filing fee if the nominating petition includes a prominent
125.30statement informing the signers of the petition that it will be used for that purpose.
125.31 The number of signatures on a petition in place of a filing fee shall be as follows:
125.32 (a) for a state office voted on statewide, or for president of the United States, or
125.33United States senator, 2,000;
125.34 (b) for a congressional office, 1,000;
126.1 (c) for a county or legislative office, or for the office of district judge, 500; and
126.2 (d) for any other office which requires a filing fee as prescribed by law, municipal
126.3charter, or ordinance, the lesser of 500 signatures or five percent of the total number of
126.4votes cast in the municipality, ward, or other election district at the preceding general
126.5election at which that office was on the ballot.
126.6 An official with whom petitions are filed shall make sample forms for petitions in
126.7place of filing fees available upon request.
126.8 Sec. 39. Minnesota Statutes 2006, section 204B.16, subdivision 1, is amended to read:
126.9 Subdivision 1. Authority; location. The governing body of each municipality and
126.10of each county with precincts in unorganized territory shall designate by ordinance or
126.11resolution a polling place for each election precinct. Polling places must be designated
126.12and ballots must be distributed so that no one is required to go to more than one polling
126.13place to vote in a school district and municipal election held on the same day. The polling
126.14place for a precinct in a city or in a school district located in whole or in part in the
126.15metropolitan area defined by section
126.16boundaries of the precinct or within
126.17a single polling place is designated for a city pursuant to section
126.182
126.19unorganized territory may be located outside the precinct at a place which is convenient to
126.20the voters of the precinct. If no suitable place is available within a town or within a school
126.21district located outside the metropolitan area defined by section
126.22then the polling place for a town or school district may be located outside the town or
126.23school district within five miles of one of the boundaries of the town or school district.
126.24 Sec. 40. Minnesota Statutes 2006, section 204B.21, subdivision 2, is amended to read:
126.25 Subd. 2. Appointing authority; powers and duties. Election judges for precincts
126.26in a municipality shall be appointed by the governing body of the municipality. Election
126.27judges for precincts in unorganized territory and for performing election-related duties
126.28assigned by the county auditor shall be appointed by the county board. Election judges for
126.29a precinct composed of two or more municipalities must be appointed by the governing
126.30body of the municipality or municipalities responsible for appointing election judges as
126.31provided in the agreement to combine for election purposes. Appointments
126.32made from lists furnished pursuant to subdivision 1 subject to the eligibility requirements
126.33and other qualifications established or authorized under section
126.34election judges in each precinct must be affiliated with different major political parties. If
127.1no lists have been furnished or if additional election judges are required
127.2
127.3
127.4who meet the qualifications to serve as an election judge, including persons who are not
127.5affiliated with a major political party. The appointments shall be made at least 25 days
127.6before the election at which the election judges will serve.
127.7 Sec. 41. Minnesota Statutes 2006, section 204B.21, is amended by adding a
127.8subdivision to read:
127.9 Subd. 2a. Town elections. The provisions of this section and sections 204B.19,
127.10subdivision 5; 204C.15; 204C.19; 206.83; and 206.86, subdivision 2, relating to party
127.11balance in the appointment of judges and to duties to be performed by judges of different
127.12major political parties do not apply to town elections not held in conjunction with a
127.13statewide election.
127.14 Sec. 42. [204B.445] VOTER COMPLAINT AND RESOLUTION PROCESS.
127.15 Subdivision 1. Scope. An eligible voter may file a complaint to seek the resolution
127.16of any of the following conditions that have occurred or are about to occur:
127.17 (1) voter records in the statewide registration system are not maintained by the
127.18secretary of state or a county auditor in the manner provided in chapter 201;
127.19 (2) voters are unable to register to vote in the manner provided by section 201.061;
127.20 (3) a voting system, including an electronic ballot marker, meeting the requirements
127.21of section 206.80 is not available for use by voters either casting an absentee ballot in
127.22person at the locations designated by the county auditor or local election official, or for
127.23voting at any polling place on election day; or
127.24 (4) the secretary of state, county auditor, or local election official has failed, is
127.25failing, or is about to fail to carry out a duty required by Title III of the Help America
127.26Vote Act of 2002.
127.27 A complaint against a municipal or school district clerk must be filed with the county
127.28auditor of the county in which the action has occurred or is about to occur. A complaint
127.29against a county auditor must be filed with the secretary of state. A complaint against the
127.30secretary of state must be filed with the Office of Administrative Hearings. The secretary
127.31of state shall provide a standard form for a complaint under this section. The form must
127.32provide space for the complainant to specify the legal basis for the complaint. The
127.33proceedings authorized by this section are not subject to the requirements of chapter 14.
128.1 Subd. 2. Notice of complaint. The official with whom the complaint is filed must,
128.2within seven days after the complaint was filed, provide written notice of the complaint,
128.3including a copy of the complaint, to the official against whom the complaint has been
128.4made.
128.5 Subd. 3. Response. Within 14 days after the notice of complaint is received, the
128.6official complained against must respond in writing to the complainant and state the
128.7manner in which the respondent proposes to resolve the complaint.
128.8 Subd. 4. Hearing. If the complainant believes the response does not resolve the
128.9complaint, the complainant may file, with the official with whom the complaint was filed,
128.10a request for a hearing. The request must state the objection to the response and propose
128.11to resolve the complaint in a way that is consistent with the Minnesota Election Law. If
128.12the complainant makes a request for hearing, a hearing must take place. The official with
128.13whom the complaint was filed must rule on the complaint within 14 days after the hearing.
128.14 Subd. 5. Timeline. A ruling on a complaint must be made no more than 90 days
128.15after the complaint is filed. If the official with whom the complaint was filed fails to
128.16make that ruling within 90 days after the complaint was filed, that official must provide
128.17alternative dispute resolution for the disposition of the complaint. The alternative dispute
128.18resolution process must be completed within 60 days of its commencement.
128.19 Subd. 6. Appeal. No later than 30 days after the ruling, the complainant may appeal
128.20the ruling. If the complaint was filed against a municipal clerk, school district clerk, or
128.21county auditor, the appeal must be filed with the secretary of state. If the complaint was
128.22filed against the secretary of state, the appeal must be filed with the Ramsey County
128.23District Court. The appeal must be heard within 14 days. Upon hearing the appeal, the
128.24secretary of state or district court may affirm, reverse, or modify the ruling and give
128.25appropriate instructions, as needed, to the secretary of state, county auditor, or local
128.26election official to resolve the complaint.
128.27 Subd. 7. Remedies; notice. If the official rules that there has been a violation of
128.28Title III of the Help America Vote Act of 2002, the official must provide an appropriate
128.29remedy. If the official rules that there has not been a violation, the complaint must be
128.30dismissed and the results of the process published by the official.
128.31EFFECTIVE DATE.This section is effective January 1, 2008.
128.32 Sec. 43. Minnesota Statutes 2006, section 204B.45, subdivision 2, is amended to read:
128.33 Subd. 2. Procedure. Notice of the election and the special mail procedure must be
128.34given at least six weeks prior to the election.
128.35later than 14 days prior to the election, the auditor shall mail ballots by nonforwardable
129.1mail to all voters registered in the town or unorganized territory. No later than 14 days
129.2before the election, the auditor must make a subsequent mailing of ballots to those voters
129.3who register to vote after the initial mailing but before the 20th day before the election.
129.4Eligible voters not registered at the time the ballots are mailed may apply for ballots as
129.5provided in chapter 203B. Ballot return envelopes, with return postage provided, must be
129.6preaddressed to the auditor or clerk and the voter may return the ballot by mail or in person
129.7to the office of the auditor or clerk. The auditor or clerk may appoint election judges to
129.8examine the return envelopes and mark them "accepted" or "rejected" during the 30 days
129.9before the election. If an envelope has been rejected at least five days before the election,
129.10the ballots in the envelope must be considered spoiled ballots and the auditor or clerk shall
129.11provide the voter with a replacement ballot and return envelope in place of the spoiled
129.12ballot. The costs of the mailing shall be paid by the election jurisdiction in which the voter
129.13resides. Any ballot received by 8:00 p.m. on the day of the election must be counted.
129.14 Sec. 44. Minnesota Statutes 2006, section 204C.06, subdivision 1, is amended to read:
129.15 Subdivision 1. Lingering near polling place. An individual shall be allowed to go
129.16to and from the polling place for the purpose of voting without unlawful interference. No
129.17one except an election official or an individual who is waiting to register or to vote shall
129.18stand within 100 feet of the
129.19
129.20building in which a polling place is located.
129.21 Sec. 45. Minnesota Statutes 2006, section 204C.07, subdivision 3a, is amended to read:
129.22 Subd. 3a. Residence requirement. A challenger must be a resident of this state.
129.23Appointed challengers seeking admission to a polling place to serve in that capacity must
129.24prove their status as a resident of this state by presenting one of the documents listed in
129.25section 201.061, subdivision 3, paragraph (b), clauses (1) to (4). Challengers need not
129.26prove residence in the precinct in which they seek to act as a challenger.
129.27EFFECTIVE DATE.This section is effective September 1, 2007.
129.28 Sec. 46. Minnesota Statutes 2006, section 204C.07, is amended by adding a
129.29subdivision to read:
129.30 Subd. 3b. Oath to obey the law. A challenger must state under oath that the
129.31challenger understands and will abide by the laws and rules governing challengers as
129.32described in this section and in section 204C.12 and governing challenges to voters as
129.33described in section 204C.12.
130.1EFFECTIVE DATE.This section is effective September 1, 2007.
130.2 Sec. 47. Minnesota Statutes 2006, section 205.10, is amended by adding a subdivision
130.3to read:
130.4 Subd. 6. Cancellation. A special election ordered by the governing body of the
130.5municipality on its own motion under subdivision 1 may be canceled by motion of the
130.6governing body, but not less than 46 days before the election.
130.7 Sec. 48. Minnesota Statutes 2006, section 205.13, is amended by adding a subdivision
130.8to read:
130.9 Subd. 7. Write-in candidates. A candidate for a city office who wants write-in
130.10votes for the candidate to be counted must file a written request with the filing officer for
130.11the office sought no later than the seventh day before the general election. The filing
130.12officer must provide copies of the form to make the request.
130.13 Sec. 49. Minnesota Statutes 2006, section 205.16, subdivision 3, is amended to read:
130.14 Subd. 3. Sample ballot, posting. For every municipal election, the municipal clerk
130.15shall at least
130.16precinct in the municipality, make them available for public inspection in the clerk's office
130.17
130.18 Sec. 50. Minnesota Statutes 2006, section 205.16, subdivision 4, is amended to read:
130.19 Subd. 4. Notice to auditor. At least 53 days prior to every municipal election, the
130.20municipal clerk shall provide a written notice to the county auditor, including the date of
130.21the election, the offices to be voted on at the election, and the title and language for each
130.22ballot question to be voted on at the election. Not less than 46 days before the election, the
130.23municipal clerk must provide written notice to the county auditor of any special election
130.24canceled under section 205.10, subdivision 6.
130.25 Sec. 51. Minnesota Statutes 2006, section 205A.05, is amended by adding a
130.26subdivision to read:
130.27 Subd. 3. Cancellation. A special election ordered by the school board on its own
130.28motion under subdivision 1 may be canceled by motion of the school board, but not less
130.29than 46 days before the election.
130.30 Sec. 52. Minnesota Statutes 2006, section 205A.07, subdivision 3, is amended to read:
131.1 Subd. 3. Notice to auditor. At least 53 days prior to every school district election,
131.2the school district clerk shall provide a written notice to the county auditor of each county
131.3in which the school district is located. The notice must include the date of the election, the
131.4offices to be voted on at the election, and the title and language for each ballot question to
131.5be voted on at the election. For the purposes of meeting the timelines of this section, in
131.6a bond election, a notice, including a proposed question, may be provided to the county
131.7auditor prior to receipt of a review and comment from the commissioner of education and
131.8prior to actual initiation of the election. Not less than 46 days before the election, the
131.9school district clerk must provide written notice to the county auditor of any special
131.10election canceled under section 205A.05, subdivision 3.
131.11 Sec. 53. Minnesota Statutes 2006, section 205A.07, subdivision 3a, is amended to read:
131.12 Subd. 3a. Notice to commissioner of education. At least 49 days prior to every
131.13school district election, under section
131.14the school district clerk shall provide a written notice to the commissioner of education.
131.15The notice must include the date of the election and the title and language for each ballot
131.16question to be voted on at the election. Not less than 46 days before the election, the
131.17school district clerk must provide a written notice to the commissioner of education of
131.18any special election canceled under section 205A.05, subdivision 3. The certified vote
131.19totals for each ballot question shall be provided in a written notice to the commissioner
131.20in a timely manner.
131.21 Sec. 54. Minnesota Statutes 2006, section 205A.10, subdivision 2, is amended to read:
131.22 Subd. 2. Election, conduct. A school district election must be by secret ballot and
131.23must be held and the returns made in the manner provided for the state general election, as
131.24far as practicable. The vote totals from an absentee ballot board established pursuant to
131.25section
131.26than by precinct. For school district elections not held in conjunction with a statewide
131.27election, the school board shall appoint election judges as provided in section
131.28subdivision 2
131.29204C.15
131.30party balance in appointment of judges and to duties to be performed by judges of different
131.31major political parties do not apply to school district elections not held in conjunction
131.32with a statewide election.
131.33 Sec. 55. Minnesota Statutes 2006, section 206.57, subdivision 5, is amended to read:
132.1 Subd. 5. Voting system for disabled voters. In federal and state elections held after
132.2December 31, 2005,
132.3December 31, 2007, and in township elections held after December 31, 2009, the voting
132.4method used in each polling place must include a voting system that is accessible for
132.5individuals with disabilities, including nonvisual accessibility for the blind and visually
132.6impaired in a manner that provides the same opportunity for access and participation,
132.7including privacy and independence, as for other voters.
132.8 Sec. 56. Minnesota Statutes 2006, section 206.89, subdivision 1, is amended to read:
132.9 Subdivision 1. Definition. For purposes of this section "postelection review official"
132.10means the
132.11
132.12auditor designates the municipal clerk as the "postelection review official" within 24 hours
132.13after the canvass of the state general election.
132.14 Sec. 57. Minnesota Statutes 2006, section 206.89, subdivision 5, is amended to read:
132.15 Subd. 5. Additional review. (a) If the postelection review in one of the reviewed
132.16precincts reveals a difference greater than one-half of one percent, or greater than two
132.17votes in a precinct where 400 or fewer voters cast ballots, the postelection review official
132.18must, within two days, conduct an additional review of the races indicated in subdivision 3
132.19in at least three precincts in the same jurisdiction where the discrepancy was discovered. If
132.20all precincts in that jurisdiction have been reviewed, the county auditor must immediately
132.21publicly select by lot at least three additional precincts for review. The postelection review
132.22official must complete the additional review within two days after the precincts are
132.23selected and report the results immediately to the county auditor. If the second review in
132.24any of the reviewed precincts also indicates a difference in the vote totals compiled by the
132.25voting system that is greater than one-half of one percent from the result indicated by the
132.26postelection review, or greater than two votes in a precinct where 400 or fewer voters cast
132.27ballots, the county auditor must conduct a review of the ballots from all the remaining
132.28precincts in the county for the races indicated in subdivision 3. This review must be
132.29completed no later than six weeks after the state general election.
132.30 (b) If the results from the countywide reviews from one or more counties comprising
132.31in the aggregate more than ten percent of the total number of persons voting in the election
132.32clearly indicate that an error in vote counting has occurred, the postelection review official
132.33must conduct a manual recount of all the ballots in the district for the affected office. The
133.1recount must be completed and the results reported to the appropriate canvassing board no
133.2later than ten weeks after the state general election.
133.3 Sec. 58. Minnesota Statutes 2006, section 211A.02, subdivision 2, is amended to read:
133.4 Subd. 2. Information required. The report to be filed by a candidate or committee
133.5must include:
133.6 (1) the name of the candidate or ballot question;
133.7 (2) the printed name
133.8if available, of the person responsible for filing the report;
133.9 (3) the total amount of receipts and expenditures for the period from the last previous
133.10report to five days before the current report is due;
133.11 (4) the amount, date, and purpose for each expenditure; and
133.12 (5) the name, address, and employer, or occupation if self-employed, of any
133.13individual or committee that during the year has made one or more contributions that in the
133.14aggregate are equal to or greater than $100, and the amount and date of each contribution.
133.15The filing officer must restrict public access to the address of any individual who has made
133.16a contribution equal to or greater than $100 and who has filed with the filing officer a
133.17written statement signed by the individual that withholding the individual's address from
133.18the financial report is required for the safety of the individual or the individual's family.
133.19 Sec. 59. Minnesota Statutes 2006, section 211A.05, subdivision 1, is amended to read:
133.20 Subdivision 1. Penalty. A candidate who intentionally fails to file a report required
133.21by section
133.22The treasurer of a committee formed to promote or defeat a ballot question who
133.23intentionally fails to file a report required by section
133.24by this section is guilty of a misdemeanor. Each candidate or treasurer of a committee
133.25formed to promote or defeat a ballot question shall certify to the filing officer that all
133.26reports required by section
133.27candidate or committee has not received contributions or made disbursements exceeding
133.28$750 in the calendar year. The certification shall be submitted to the filing officer no
133.29later than seven days after the general or special election. The secretary of state shall
133.30prepare blanks for this certification. An officer who issues a certificate of election to a
133.31candidate who has not certified that all reports required by section
133.32filed is guilty of a misdemeanor.
134.1 Sec. 60. Minnesota Statutes 2006, section 325L.03, is amended to read:
134.2325L.03 SCOPE.
134.3 (a) Except as otherwise provided in paragraphs (b) and (e), this chapter applies to
134.4electronic records and electronic signatures relating to a transaction.
134.5 (b) This chapter does not apply to a transaction to the extent it is governed by:
134.6 (1) the Uniform Commercial Code other than section
134.7article 2A; and
134.8 (2) section
134.9care directive; section
134.10power of attorney, or other instrument affecting real estate; section
134.113
134.12section
134.13preferences or instructions regarding intrusive mental health treatment.
134.14 (c) This chapter applies to an electronic record or electronic signature otherwise
134.15excluded from the application of this chapter under paragraph (b) to the extent it is
134.16governed by a law other than those specified in paragraph (b).
134.17 (d) A transaction subject to this chapter is also subject to other applicable substantive
134.18law.
134.19 (e) This chapter does not apply to the creation and execution of wills, codicils, or
134.20trusts other than trusts relating to the conduct of business, commercial, or governmental
134.21purposes.
134.22 (f) Except as provided in section 204B.09, subdivision 1a, this chapter does not
134.23apply to affidavits of candidacy relating to the conduct of elections.
134.24 Sec. 61. Minnesota Statutes 2006, section 375.101, subdivision 1, is amended to read:
134.25 Subdivision 1. Option for filling vacancies; election in 30 to
134.26as provided in subdivision 3, a vacancy in the office of county commissioner
134.27filled as provided in this subdivision and subdivision 2, or as provided in subdivision 4. If
134.28the vacancy is to be filled under this subdivision and subdivision 2, it must be filled at a
134.29special election not less than 30 nor more than
134.30special primary or special election may be held on the same day as a regular primary or
134.31regular election but the special election shall be held not less than 14 days after the special
134.32primary. The person elected at the special election shall take office immediately after
134.33receipt of the certificate of election and upon filing the bond and taking the oath of office
134.34and shall serve the remainder of the unexpired term. If the county has been reapportioned
135.1since the commencement of the term of the vacant office, the election shall be based
135.2on the district as reapportioned.
135.3EFFECTIVE DATE.This section is effective the day following final enactment.
135.4 Sec. 62. Minnesota Statutes 2006, section 375.101, is amended by adding a subdivision
135.5to read:
135.6 Subd. 4. Option for filling vacancies; appointment. Except as provided in
135.7subdivision 3, and as an alternative to the procedure provided in subdivisions 1 and 2, any
135.8other vacancy in the office of county commissioner may be filled by board appointment at
135.9a regular or special meeting. The appointment shall be evidenced by a resolution entered
135.10in the minutes and shall continue until an election is held under this subdivision. All
135.11elections to fill vacancies shall be for the unexpired term. If the vacancy occurs before the
135.12first day to file affidavits of candidacy for the next county general election and more than
135.13two years remain in the unexpired term, a special election shall be held in conjunction
135.14with the county general election. The appointed person shall serve until the qualification
135.15of the successor elected to fill the unexpired part of the term at that special election. If the
135.16vacancy occurs on or after the first day to file affidavits of candidacy for the county general
135.17election, or when less than two years remain in the unexpired term, there shall be no special
135.18election to fill the vacancy and the appointed person shall serve the remainder of the
135.19unexpired term and until a successor is elected and qualifies at the county general election.
135.20EFFECTIVE DATE.This section is effective the day following final enactment.
135.21 Sec. 63. Minnesota Statutes 2006, section 410.12, subdivision 1, is amended to read:
135.22 Subdivision 1. Proposals. The charter commission may propose amendments to
135.23such charter and shall do so upon the petition of voters equal in number to five percent of
135.24the total votes cast at the last previous state general election in the city. Proposed charter
135.25amendments must be submitted at least 12 weeks before the general election. Petitions
135.26may be signed no earlier than 26 weeks before the general election. Only registered
135.27voters are eligible to sign the petition. All petitions circulated with respect to a charter
135.28amendment shall be uniform in character and shall have attached thereto the text of the
135.29proposed amendment in full; except that in the case of a proposed amendment containing
135.30more than 1,000 words, a true and correct copy of the same may be filed with the city
135.31clerk, and the petition shall then contain a summary of not less than 50 nor more than 300
135.32words setting forth in substance the nature of the proposed amendment. Such summary
135.33shall contain a statement of the objects and purposes of the amendment proposed and an
136.1outline of any proposed new scheme or frame work of government and shall be sufficient
136.2to inform the signers of the petition as to what change in government is sought to be
136.3accomplished by the amendment. The summary, together with a copy of the proposed
136.4amendment, shall first be submitted to the charter commission for its approval as to form
136.5and substance. The commission shall within ten days after such submission to it, return
136.6the same to the proposers of the amendment with such modifications in statement as it
136.7may deem necessary in order that the summary may fairly comply with the requirements
136.8above set forth.
136.9 Sec. 64. Minnesota Statutes 2006, section 447.32, subdivision 4, is amended to read:
136.10 Subd. 4. Candidates; ballots; certifying election. A person who wants to be a
136.11candidate for the hospital board shall file an affidavit of candidacy for the election either
136.12as member at large or as a member representing the city or town where the candidate
136.13resides. The affidavit of candidacy must be filed with the city or town clerk not more than
136.1470 days nor less than 56 days before the first Tuesday after the first Monday in November
136.15of the year in which the general election is held. The city or town clerk must forward the
136.16affidavits of candidacy to the clerk of the hospital district or, for the first election, the clerk
136.17of the most populous city or town immediately after the last day of the filing period. A
136.18candidate may withdraw from the election by filing an affidavit of withdrawal with the
136.19clerk of the district no later than 5:00 p.m. two days after the last day to file affidavits
136.20of candidacy. A candidate for a hospital district office who wants write-in votes for the
136.21candidate to be counted must file a written request with the filing officer for the office
136.22sought no later than the seventh day before the general election. The filing officer must
136.23provide copies of the form to make the request.
136.24 Voting must be by secret ballot. The clerk shall prepare, at the expense of the
136.25district, necessary ballots for the election of officers. Ballots must be printed on tan paper
136.26and prepared as provided in the rules of the secretary of state. The ballots must be marked
136.27and initialed by at least two judges as official ballots and used exclusively at the election.
136.28Any proposition to be voted on may be printed on the ballot provided for the election
136.29of officers. The hospital board may also authorize the use of voting systems subject to
136.30chapter 206. Enough election judges may be appointed to receive the votes at each
136.31polling place. The election judges shall act as clerks of election, count the ballots cast,
136.32and submit them to the board for canvass.
136.33 After canvassing the election, the board shall issue a certificate of election to the
136.34candidate who received the largest number of votes cast for each office. The clerk shall
136.35deliver the certificate to the person entitled to it in person or by certified mail. Each person
137.1certified shall file an acceptance and oath of office in writing with the clerk within 30
137.2days after the date of delivery or mailing of the certificate. The board may fill any office
137.3as provided in subdivision 1 if the person elected fails to qualify within 30 days, but
137.4qualification is effective if made before the board acts to fill the vacancy.
137.5 Sec. 65. AUTOMATIC REGISTRATION.
137.6 An applicant for a Minnesota driver's license, instruction permit, or identification
137.7card must not be automatically registered to vote under Minnesota Statutes, section
137.8201.161, until the secretary of state has certified that the system for automatic registration
137.9of those applicants has been tested and shown to properly determine whether an applicant
137.10is eligible to vote.
137.11 Sec. 66. REPEALER.
137.12(a) Minnesota Statutes 2006, sections 201.061, subdivision 7; 201.096; 203B.02,
137.13subdivision 1a; and 203B.13, subdivision 3a, are repealed.
137.14(b) Minnesota Statutes 2006, section 203B.04, subdivision 5, is repealed effective
137.15April 1, 2008.
137.16(c) Minnesota Statutes 2006, section 200.04, is repealed effective January 1, 2008.
137.19 Section 1. Minnesota Statutes 2006, section 103C.305, subdivision 3, is amended to
137.20read:
137.21 Subd. 3. Ballots. Ballots shall be prepared by the county auditor. The names of
137.22candidates shall be placed on the "canary ballot" described in section
137.233
137.24District Supervisor" or "Conservation District Supervisor," based upon the district from
137.25which the supervisor is to be elected.
137.26 Sec. 2. Minnesota Statutes 2006, section 201.054, subdivision 1, is amended to read:
137.27 Subdivision 1. Registration. An individual may register to vote:
137.28 (1) at any time before the 20th day preceding any election as provided in section
137.30 (2) on the day of an election as provided in section
137.31 (3) when submitting an absentee ballot, by enclosing a completed registration
137.32application as provided in section
138.1 Sec. 3. Minnesota Statutes 2006, section 201.061, subdivision 4, is amended to read:
138.2 Subd. 4. Registration by election judges; procedures. Registration at the polling
138.3place on election day shall be conducted by the election judges. The election judge who
138.4registers an individual at the polling place on election day shall not handle that voter's
138.5ballots at any time prior to the opening of the ballot box after the voting ends. Registration
138.6
138.7individual who registers on election day proves residence by oath of a registered voter, the
138.8form containing the oath shall be attached to the individual's registration
138.9Registration
138.10county auditor who shall add the name of each voter to the registration system unless the
138.11information forwarded is substantially deficient. A county auditor who finds an election
138.12day registration substantially deficient shall give written notice to the individual whose
138.13registration is found deficient. An election day registration shall not be found deficient
138.14solely because the individual who provided proof of residence was ineligible to do so.
138.15 Sec. 4. Minnesota Statutes 2006, section 201.071, subdivision 3, is amended to read:
138.16 Subd. 3. Deficient registration. No voter registration application is deficient if it
138.17contains the voter's name, address, date of birth, current and valid Minnesota driver's
138.18license number or Minnesota state identification number, or if the voter has no current and
138.19valid Minnesota driver's license or Minnesota state identification number, the last four
138.20digits of the voter's Social Security number, if the voter has been issued a Social Security
138.21number, prior registration, if any, and signature. The absence of a zip code number does
138.22not cause the registration to be deficient. Failure to check a box on an application form
138.23that a voter has certified to be true does not cause the registration to be deficient. The
138.24election judges shall request an individual to correct a voter registration application if it is
138.25deficient or illegible
138.26
138.27registration application is deficient or the voter is duly and successfully challenged in
138.28accordance with section
138.29 A voter registration application accepted prior to August 1, 1983, is not deficient
138.30for lack of date of birth. The county or municipality may attempt to obtain the date of
138.31birth for a voter registration application accepted prior to August 1, 1983, by a request to
138.32the voter at any time except at the polling place. Failure by the voter to comply with this
138.33request does not make the registration deficient.
138.34 A voter registration application accepted before January 1, 2004, is not deficient for
138.35lack of a valid Minnesota driver's license or state identification number or the last four
139.1digits of a Social Security number. A voter registration application submitted by a voter
139.2who does not have a Minnesota driver's license or state identification number, or a Social
139.3Security number, is not deficient for lack of any of these numbers.
139.4 Sec. 5. Minnesota Statutes 2006, section 201.071, subdivision 4, is amended to read:
139.5 Subd. 4. Change of registration.
139.6
139.7county in Minnesota shall
139.8record electronically through the statewide registration system in the manner prescribed
139.9
139.10
139.11
139.12
139.13
139.14subdivision as a result of an election day registration shall also check the statewide
139.15registration system to determine whether the individual voted in more than one precinct in
139.16the most recent election.
139.17 Sec. 6. Minnesota Statutes 2006, section 201.081, is amended to read:
139.18201.081 REGISTRATION FILES.
139.19 The statewide registration system is the official record of registered voters. The
139.20voter registration
139.21registration system must be under the control of the county auditor or the public official to
139.22whom the county auditor has delegated the responsibility for maintaining voter registration
139.23records. The voter registration
139.24statewide registration system must not be removed from the control of the county auditor
139.25except as provided in this subdivision. The county auditor may make photographic copies
139.26of voter registration
139.27 A properly completed voter registration
139.28the secretary of state or a county auditor must be maintained by the secretary of state or
139.29the county auditor for at least 22 months after the date that the information on the
139.30application is entered into the database of the statewide registration system. The secretary
139.31of state or the county auditor may dispose of the
139.32months in the manner provided by section
139.33 Sec. 7. Minnesota Statutes 2006, section 201.091, subdivision 1, is amended to read:
140.1 Subdivision 1. Master list. Each county auditor shall prepare and maintain a
140.2current list of registered voters in each precinct in the county which is known as the
140.3master list. The master list must be created by entering each completed voter registration
140.4
140.5must show the name, residence address, and date of birth of each voter registered in
140.6the precinct. The information contained in the master list may only be made available
140.7to public officials for purposes related to election administration, jury selection, and in
140.8response to a law enforcement inquiry concerning a violation of or failure to comply with
140.9any criminal statute or state or local tax statute.
140.10 Sec. 8. Minnesota Statutes 2006, section 201.091, subdivision 8, is amended to read:
140.11 Subd. 8. Registration places. Each county auditor shall designate a number of
140.12public buildings in those political subdivisions of the county where preregistration of
140.13voters is allowed as provided in section
140.14register to vote. At least one public building must be designated for each 30,000 residents
140.15of the county. At least one telecommunications device for the deaf must be available for
140.16voter registration information in each county seat and in every city of the first, second,
140.17and third class.
140.18 An adequate supply of registration
140.19maintained at each designated location, and a designated individual must be available
140.20there to accept registration
140.21 A person who, because of disability, needs assistance in order to determine eligibility
140.22or to register must be assisted by a designated individual. Assistance includes but is not
140.23limited to reading the registration form and instructions and filling out the registration
140.24form as directed by the eligible voter.
140.25 Sec. 9. Minnesota Statutes 2006, section 201.27, subdivision 1, is amended to read:
140.26 Subdivision 1. Intentional violation. No officer, deputy, clerk, or other employee
140.27shall intentionally:
140.28 (1) fail to perform or enforce any of the provisions of this chapter except subdivision
140.292;
140.30 (2) remove a registration
140.31registration files in a manner or for a purpose not authorized by law;
140.32 (3) destroy or make an unauthorized change to a record required to be kept by
140.33this chapter; or
141.1 (4) add a name or names to the voter registration files, records, or cards, except as
141.2authorized by law.
141.3 An individual who violates this subdivision is guilty of a felony.
141.4 Sec. 10. Minnesota Statutes 2006, section 203B.04, subdivision 1, is amended to read:
141.5 Subdivision 1. Application procedures. Except as otherwise allowed by
141.6subdivision 2 or by section 203B.11, subdivision 4, an application for absentee ballots
141.7for any election may be submitted at any time not less than one day before the day of
141.8that election. The county auditor shall prepare absentee ballot application forms in the
141.9format provided by the secretary of state, notwithstanding rules on absentee ballot forms,
141.10and shall furnish them to any person on request. By January 1 of each even-numbered
141.11year, the secretary of state shall make the forms to be used available to auditors through
141.12electronic means. An application submitted pursuant to this subdivision shall be in writing
141.13and shall be submitted to:
141.14 (a) the county auditor of the county where the applicant maintains residence; or
141.15 (b) the municipal clerk of the municipality, or school district if applicable, where
141.16the applicant maintains residence.
141.17 An application shall be approved if it is timely received, signed and dated by the
141.18applicant, contains the applicant's name and residence and mailing addresses, and states
141.19that the applicant is eligible to vote by absentee ballot for one of the reasons specified in
141.20section
141.21must not be made available for public inspection. An application may be submitted to
141.22the county auditor or municipal clerk by an electronic facsimile device. An application
141.23mailed or returned in person to the county auditor or municipal clerk on behalf of a voter
141.24by a person other than the voter must be deposited in the mail or returned in person to
141.25the county auditor or municipal clerk within ten days after it has been dated by the voter
141.26and no later than six days before the election. The absentee ballot applications or a list of
141.27persons applying for an absentee ballot may not be made available for public inspection
141.28until the close of voting on election day.
141.29 An application under this subdivision may contain an application under subdivision
141.305 to automatically receive an absentee ballot application.
141.31 Sec. 11. Minnesota Statutes 2006, section 203B.04, subdivision 4, is amended to read:
141.32 Subd. 4. Registration at time of application. An eligible voter who is not
141.33registered to vote but who is otherwise eligible to vote by absentee ballot may register by
141.34including a completed voter registration
142.1individual shall present proof of residence as required by section
142.23
142.3as defined in section
142.5 Sec. 12. Minnesota Statutes 2006, section 203B.05, subdivision 2, is amended to read:
142.6 Subd. 2. City, school district, and town elections. For city, town, and school
142.7district elections not held on the same day as a statewide election,
142.8
142.9
142.10filed with the city, school district, or town clerk and the duties prescribed by this chapter for
142.11the county auditor shall be performed by the city, school district, or town clerk unless the
142.12county auditor agrees to perform those duties on behalf of the city, school district, or town
142.13clerk. The costs incurred to provide absentee ballots and perform the duties prescribed by
142.14this subdivision shall be paid by the city, town, or school district holding the election.
142.15 Notwithstanding any other law, this chapter applies to school district elections held
142.16on the same day as a statewide election or an election for a county or municipality wholly
142.17or partially within the school district.
142.18 Sec. 13. Minnesota Statutes 2006, section 203B.07, subdivision 1, is amended to read:
142.19 Subdivision 1. Delivery of envelopes, directions. The county auditor or the
142.20municipal clerk shall prepare, print, and transmit a return envelope, a ballot envelope, and
142.21a copy of the directions for casting an absentee ballot to each applicant whose application
142.22for absentee ballots is accepted pursuant to section
142.23an absentee ballot shall be printed in at least 14-point bold type with heavy leading and
142.24may be printed on the ballot envelope. When a person requests the directions in Braille
142.25or on cassette tape, the county auditor or municipal clerk shall provide them in the form
142.26requested. The secretary of state shall prepare Braille and cassette copies and make them
142.27available.
142.28 When a voter registration
142.29section
142.30instructions for registering to vote.
142.31 Sec. 14. Minnesota Statutes 2006, section 203B.08, subdivision 3, is amended to read:
142.32 Subd. 3. Procedures on receipt of ballots. When absentee ballots are returned to a
142.33county auditor or municipal clerk, that official shall stamp or initial and date the return
143.1envelope
143.2return envelopes received by that office. The county auditor or municipal clerk shall
143.3deliver to the appropriate election judges on election day all ballots received before or
143.4with the last mail delivery by the United States Postal Service on election day. A town
143.5clerk may request the United States Postal Service to deliver absentee ballots to the polling
143.6place on election day instead of to the official address of the town clerk.
143.7 Sec. 15. Minnesota Statutes 2006, section 203B.10, is amended to read:
143.8203B.10 DELIVERY OF ABSENTEE BALLOT APPLICATIONS TO
143.9ELECTION JUDGES.
143.10 (a) On the day before an election:
143.11
143.12the applications for absentee ballots theretofore received and endorsed as provided in
143.13section
143.14
143.15auditor and the applications for absentee ballots filed with their respective offices and
143.16endorsed as provided in section
143.17judges. Applications received on election day pursuant to section
143.182
143.19an absentee ballot board.
143.20 (b) Delivery of the applications to the municipal clerks and election judges in the
143.21precinct is not required if the absentee ballot envelopes have been accepted or rejected
143.22by an absentee ballot board pursuant to section 203B.13.
143.23 Sec. 16. Minnesota Statutes 2006, section 204B.06, subdivision 8, is amended to read:
143.24 Subd. 8. Proof of eligibility. A candidate for judicial office or for the office of
143.25county attorney shall submit with the affidavit of candidacy proof that the candidate is
143.26licensed to practice law in this state. Proof means providing a copy of a current attorney
143.27license.
143.28 A candidate for county sheriff shall submit with the affidavit of candidacy proof of
143.29licensure as a peace officer in this state. Proof means providing a copy of a current Peace
143.30Officer Standards and Training Board license.
143.31 Sec. 17. Minnesota Statutes 2006, section 204B.08, subdivision 3, is amended to read:
143.32 Subd. 3. Number of signatures. The number of signatures required on a
143.33nominating petition shall be as follows:
144.1 (a) for a federal or state office voted on statewide
144.2percent of the total number of individuals voting in the state at the last preceding state
144.3general election, or 2,000, whichever is less;
144.4 (b) for a congressional office, five percent of the total number of individuals voting
144.5in the district at the last preceding state general election, or 1,000, whichever is less;
144.6 (c) for a county or legislative office, ten percent of the total number of individuals
144.7voting in the county or legislative district at the last preceding state or county general
144.8election, or 500, whichever is less;
144.9 (d) for a municipal office in a city of the first class, the number specified in section
144.11 (e) for any other municipal or school district office, ten percent of the total number
144.12of individuals voting in the municipality, ward, school district, or other election district
144.13at the last preceding municipal, or school district if applicable, general election, or 500,
144.14whichever is less.
144.15 Sec. 18. Minnesota Statutes 2006, section 205A.10, subdivision 1, is amended to read:
144.16 Subdivision 1. Materials, ballots. The school district clerk shall prepare and have
144.17printed the necessary election materials, including ballots, for a school district election.
144.18The
144.19
144.20
144.21
144.22manner provided in section 204D.08, subdivision 3, for state elections.
144.23 Sec. 19. Minnesota Statutes 2006, section 205A.11, subdivision 2, is amended to read:
144.24 Subd. 2. Combined polling place. When no other election is being held in two or
144.25more precincts on the day of a school district election, the school board may designate
144.26one or more combined polling places at which the voters in those precincts may vote in
144.27the school district election. In school districts that have organized into separate board
144.28member election districts under section 205A.12, a combined polling place for a school
144.29general election must be arranged so that it does not include more than one board member
144.30election district.
144.31 Sec. 20. Minnesota Statutes 2006, section 206.82, subdivision 2, is amended to read:
144.32 Subd. 2. Plan.
144.33where an electronic voting system is used and the county auditor of a county in which an
145.1electronic voting system is used in more than one municipality and the county auditor of
145.2a county in which a counting center serving more than one municipality is located shall
145.3prepare a plan which indicates acquisition of sufficient facilities, computer time, and
145.4professional services and which describes the proposed manner of complying with section
145.6than 60 days before the first election at which the municipality uses an electronic voting
145.7system. Prior to July 1 of each subsequent general election year, the clerk or auditor
145.8shall submit to the secretary of state notification of any changes to the plan on file with
145.9the secretary of state. The secretary of state shall review each plan for its sufficiency and
145.10may request technical assistance from the Department of Administration or other agency
145.11which may be operating as the central computer authority. The secretary of state shall
145.12notify each reporting authority of the sufficiency or insufficiency of its plan within 20 days
145.13of receipt of the plan. The attorney general, upon request of the secretary of state, may
145.14seek a district court order requiring an election official to fulfill duties imposed by this
145.15subdivision or by rules promulgated pursuant to this section.
145.16
145.17
145.18
145.19
145.20
145.21 Sec. 21. Laws 2004, chapter 293, article 1, section 37, subdivision 2, is amended to
145.22read:
145.23 Subd. 2. Social security number. A voter must not be included on the list of voters
145.24prepared under Minnesota Statutes, section
145.25incomplete because of a failure to match the last four digits of the voter's Social Security
145.26number until the commissioner of public safety has:
145.27 (1) entered into an agreement with the commissioner of the Social Security
145.28Administration under Minnesota Statutes, section
145.29four digits of a Social Security number to verify voter registration information;
145.30
145.31
145.32
145.33
145.34has been tested and shown to properly verify the last four digits of a voter's Social
145.35Security number.