Minnesota Legislature
SF 1997
3rd 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
1.3legislative and administrative expenses of state government; regulating state
1.4and local government operations; establishing the Minnesota Office on Ethnic
1.5Heritage and New Americans and the Minnesota Legislative Commission on
1.6Terrorism and Disaster Preparedness; creating the position of poet laureate;
1.7providing a grant process and grant management; defining domestic partner;
1.8ratifying labor agreements and compensation plans; establishing a state
1.9employees electronic health records pilot project; providing for continuing
1.10appropriations in certain circumstances; providing compensation for a period of
1.11partial government shutdown; creating a trust for postemployment benefits;
1.12regulating elections and voter registration; establishing a gratuity payment for
1.13certain Teacher Retirement Association members; authorizing rulemaking;
1.14amending Minnesota Statutes 2006, sections 3.85, subdivision 3; 3.9741,
1.15subdivision 1; 5.12, subdivision 1; 6.47; 6.51; 6.54; 6.55; 6.551; 6.57; 6.59; 6.60;
1.166.62, subdivision 2; 6.63; 6.64; 6.65; 6.66; 6.67; 6.68; 6.70; 6.71; 6.715, by
1.17adding a subdivision; 13.605, subdivision 1; 15B.17, subdivision 1; 16A.103,
1.18subdivision 1e; 16A.11, by adding a subdivision; 16A.1286, subdivision 2;
1.1916B.35, subdivision 1; 16C.02, subdivisions 4, 12, 14, by adding subdivisions;
1.2016C.03, subdivisions 2, 3, 4, 8, 16, by adding subdivisions; 16C.05, subdivisions
1.211, 2; 16C.08, subdivisions 2, 4, by adding subdivisions; 16C.10, subdivision
1.227; 16C.16, subdivision 5; 16C.26; 16C.27, subdivision 1; 16C.28; 37.06;
1.2343A.02, by adding a subdivision; 43A.24, subdivision 1; 43A.49; 103C.305,
1.24subdivision 3; 103D.355; 103D.811, subdivision 3; 103E.505, subdivision 5;
1.25116A.13, subdivision 5; 123B.52, subdivision 1, by adding a subdivision;
1.26160.17, by adding a subdivision; 160.262, by adding a subdivision; 161.1419,
1.27subdivision 8; 161.32, by adding a subdivision; 161.3412, subdivision 1; 161.38,
1.28subdivision 4; 181.9413; 200.02, subdivisions 7, 23; 201.016, subdivision 1a;
1.29201.054, subdivision 1; 201.056; 201.061, subdivisions 1, 3, 4, by adding a
1.30subdivision; 201.071, subdivisions 1, 3, 4; 201.081; 201.091, subdivisions 1, 8,
1.319, by adding a subdivision; 201.12; 201.13, subdivision 3; 201.161; 201.171;
1.32201.27, subdivision 1; 203B.02, subdivision 1; 203B.04, subdivisions 1, 4, 6;
1.33203B.05, subdivision 2; 203B.06, subdivision 3; 203B.07, subdivisions 1, 2;
1.34203B.08, subdivision 3; 203B.081; 203B.10; 203B.11, subdivision 4; 203B.12,
1.35subdivision 4; 203B.13, subdivisions 1, 2; 203B.16, subdivision 2; 203B.17,
1.36subdivision 2; 203B.21, subdivisions 2, 3; 203B.22; 203B.24, subdivision 1;
1.37204B.06, subdivisions 1, 8; 204B.08, subdivision 3; 204B.09, subdivisions 1, 1a,
1.383; 204B.11, subdivision 2; 204B.16, subdivision 1; 204B.21, subdivision 2, by
1.39adding a subdivision; 204B.45, subdivision 2; 204C.06, subdivision 1; 204C.07,
2.1subdivision 3a, by adding a subdivision; 205.10, by adding a subdivision;
2.2205.13, by adding a subdivision; 205.16, subdivisions 3, 4; 205A.05, by
2.3adding a subdivision; 205A.07, subdivisions 3, 3a; 205A.10, subdivisions 1, 2;
2.4205A.11, subdivision 2; 206.57, subdivision 5; 206.82, subdivision 2; 206.89,
2.5subdivisions 1, 5; 211A.02, subdivision 2; 211A.05, subdivision 1; 270C.03,
2.6subdivision 1; 302A.821, subdivision 4; 308A.995, subdivision 4; 308B.121,
2.7subdivision 4; 308B.215, subdivision 2; 317A.823, subdivision 1; 321.0206;
2.8325L.03; 336.1-110; 336.9-516; 336.9-525; 356.219, subdivision 1; 358.41;
2.9358.42; 358.50; 359.085, subdivisions 2, 3; 365.37, by adding a subdivision;
2.10374.13; 375.101, subdivision 1, by adding a subdivision; 375.21, by adding a
2.11subdivision; 383C.094, by adding a subdivision; 410.12, subdivision 1; 412.311;
2.12429.041, by adding a subdivision; 447.32, subdivision 4; 458D.21, by adding
2.13a subdivision; 469.015, by adding a subdivision; 469.068, subdivision 1, by
2.14adding a subdivision; 471.345, subdivision 5, by adding subdivisions; 471.61,
2.15subdivision 1a; 473.246; 473.523, by adding a subdivision; 473.756, subdivision
2.1612; 477A.014, subdivision 4; 491A.02, subdivision 4; 507.24, subdivision 2;
2.17Laws 2004, chapter 293, article 1, section 37, subdivision 2; Laws 2006, chapter
2.18253, section 22, subdivision 1; Laws 2006, chapter 282, article 14, section 5;
2.19proposing coding for new law in Minnesota Statutes, chapters 3; 4; 5; 6; 8; 11A;
2.2012; 13; 15B; 16A; 16B; 16C; 16E; 43A; 161; 203B; 204B; 270C; 308B; 321;
2.21349A; 471; repealing Minnesota Statutes 2006, sections 3.884; 3.8841; 6.56,
2.22subdivision 1; 16A.102; 16C.055, subdivision 1; 16C.08, subdivision 4a; 69.051,
2.23subdivision 1c; 200.04; 201.061, subdivision 7; 201.096; 203B.02, subdivision
2.241a; 203B.04, subdivision 5; 203B.13, subdivision 3a; 359.085, subdivision 8;
2.25645.44, subdivision 19.
2.26BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
2.30 The sums shown in the columns marked "appropriations" are appropriated to the
2.31agencies and for the purposes specified in this article. The appropriations are from the
2.32general fund, or another named fund, and are available for the fiscal years indicated
2.33for each purpose. The figures "2008" and "2009" used in this article mean that the
2.34appropriations listed under them are available for the fiscal year ending June 30, 2008, or
2.35June 30, 2009, respectively. "The first year" is fiscal year 2008. "The second year" is fiscal
2.36year 2009. "The biennium" is fiscal years 2008 and 2009.
3.3The amounts that may be spent for each
3.4purpose are specified in the following
3.5subdivisions.
3.8During the biennium ending June 30, 2009,
3.9any revenues received by the house of
3.10representatives from sponsorship notices in
3.11broadcast or print media are appropriated to
3.12the house of representatives.
3.17$600,000 the first year and $600,000 the
3.18second year are for public information
3.19television, Internet, Intranet, and other
3.20transmission of legislative activities. At
3.21least one-half of those amounts must go for
3.22programming to be broadcast and transmitted
3.23to rural Minnesota.
3.24$5,624,000 the first year and $5,469,000 the
3.25second year are for the Office of the Revisor
3.26of Statutes.
3.27$1,257,000 the first year and $1,254,000 the
3.28second year are for the Legislative Reference
3.29Library.
3.30$5,594,000 the first year and $5,595,000
3.31the second year are for the Office of the
3.32Legislative Auditor.
4.1All legislative offices should, whenever
4.2possible, implement information technology
4.3systems that are compatible and work
4.4seamlessly across the legislature. Wherever
4.5possible, single systems should be
4.6implemented to avoid unnecessary
4.7duplication and inefficiency. The directors
4.8of information technology for the senate,
4.9house of representatives, and the Legislative
4.10Coordinating Commission must submit
4.11a written report describing their efforts
4.12to collaborate on implementing shared
4.13information technology systems. The report
4.14must be submitted to the chairs of the house
4.15of representatives and senate committees
4.16with jurisdiction over rules and to the
4.17Legislative Coordinating Commission on
4.18January 15, 2008, and January 15, 2009.
4.21(a) This appropriation is to fund the Office of
4.22the Governor and Lieutenant Governor.
4.23$19,000 the first year and $19,000 the
4.24second year are for necessary expenses in
4.25the normal performance of the governor's
4.26and lieutenant governor's duties for which no
4.27other reimbursement is provided.
4.28(b) By September 1 of each year, the
4.29commissioner of finance shall report to
4.30the chairs of the senate Governmental
4.31Operations Budget Division and the house
4.32State Government Finance Division any
4.33personnel costs incurred by the Office of
4.34the Governor and Lieutenant Governor that
4.35were supported by appropriations to other
5.1agencies during the previous fiscal year.
5.2The Office of the Governor shall inform the
5.3chairs of the divisions before initiating any
5.4interagency agreements.
5.20$310,000 of this appropriation must be
5.21transferred to the Help America Vote Act
5.22account and is designated as a portion of the
5.23match required by section 253(b)(5) of the
5.24Help America Vote Act.
5.25$2,844,000 the first year is appropriated from
5.26the Help America Vote Act account for the
5.27purposes and uses authorized by federal law.
5.28This appropriation is available until June 30,
5.292009.
5.30Notwithstanding Laws 2005, chapter 162,
5.31section 34, subdivision 7, any balance
5.32remaining in the Help America Vote Act
5.33account after previous appropriations and the
5.34appropriations in this section is appropriated
5.35to the secretary of state for the purposes of
6.1the account. This appropriation is available
6.2until June 30, 2011.
6.3$250,000 the first year is for a grant to Kids
6.4Voting Minnesota, to educate children about
6.5voting and the democratic process. This
6.6appropriation is available until spent.
6.12(a) $2,000,000 the first year is for the first
6.13phase of an electronic licensing system.
6.14This is a onetime appropriation. This
6.15appropriation carries forward to the second
6.16year.
6.17(b) $10,000,000 the first year is for
6.18information technology security.
6.19(c) $500,000 the first year and $500,000 the
6.20second year are for oversight and analysis of
6.21state technology investments.
6.22(d) $1,456,000 the first year and $1,000,000
6.23the second year are for small agency
6.24technology infrastructure. During the first
6.25biennium, these amounts are intended to
6.26include hardware and software improvements
6.27for the Asian-Pacific Council, the Capitol
6.28Area Architectural and Planning Board,
6.29the Minnesota Library for the Blind,
6.30the Minnesota State Academies, and
6.31the Ombudsman for Mental Health and
6.32Developmental Disabilities. Ongoing
6.33funding for improvements made during fiscal
7.1years 2008 and 2009 may be added to the
7.2base funding for those agencies in fiscal
7.3years 2010 and 2011.
7.4(e) $68,000 is for an electronic documents
7.5study and report.
7.6(f) $200,000 is for grants to be distributed to
7.7the counties participating in the development
7.8of the integrated financial system for
7.9enhancements to the system. Enhancements
7.10include:
7.11(1) systems to improve the tracking and
7.12reporting of state and federal grants;
7.13(2) electronic payments to vendors;
7.14(3) electronic posting of state payments to
7.15the financial system;
7.16(4) automating revenue collection and
7.17posting through check conversion, automatic
7.18clearing house transactions, or credit card
7.19processing;
7.20(5) improvements to county budgetary
7.21systems;
7.22(6) storage or linkage of electronic
7.23documents;
7.24(7) improved executive level reporting and
7.25extraction of data; and
7.26(8) improved information and reporting for
7.27audits.
7.28The grant funds shall be distributed on a pro
7.29rata basis to each of the counties participating
7.30in the development of the integrated financial
7.31system. The Minnesota Counties Computer
7.32Cooperative, acting as a fiscal agent for
7.33the participating counties, shall receive the
8.1grant money for the counties. The grants
8.2will only be distributed after $600,000 is
8.3expended or provided from other sources.
8.4The chief information officer may require
8.5a report or such other information as the
8.6chief information officer deems appropriate
8.7to verify that the requirements of this
8.8section have been met. This appropriation
8.9is available until June 30, 2011, and cancels
8.10on that date.
8.17$266,000 each year is for two workers'
8.18compensation judges, to be located in Duluth.
8.21The amounts that may be spent for each
8.22purpose are specified in the following
8.23subdivisions.
8.25(a) $7,888,000 the first year and $7,888,000
8.26the second year are for office space costs of
8.27the legislature and veterans organizations,
8.28for ceremonial space, and for statutorily free
8.29space.
8.30(b) $2,500,000 the first year is to purchase
8.31and implement a Web-enabled, shared
8.32computer system to facilitate the state's real
8.33property portfolio management.
9.1(c) $250,000 the first year and $250,000 the
9.2second year are for the energy conservation
9.3recommissioning activities in state buildings.
9.4(d) $885,000 the first year is for onetime
9.5funding of agency relocation expenses for
9.6the Department of Public Safety.
9.8(a) $60,000 the first year and $240,000 the
9.9second year are to fund activities to prepare
9.10for and promote the 2010 census. Base
9.11funding for this activity is $260,000 in fiscal
9.12year 2010 and $180,000 in fiscal year 2011.
9.13(b) $1,100,000 the first year and $1,100,000
9.14the second year are for the Land Management
9.15Information Center.
9.16(c) $196,000 the first year and $196,000 the
9.17second year are for the Office of the State
9.18Archaeologist.
9.20(a) $125,000 the first year is to create an
9.21Office of Grants Management to standardize
9.22state grants management policies and
9.23procedures. For the fiscal year beginning
9.24July 1, 2008, the commissioner must deduct
9.25from state grants subject to nongovernmental
9.26entities up to $125,000, as necessary to
9.27fund the commissioner's duties under
9.28new Minnesota Statutes, sections 16B.97
9.29and 16B.98. The amount deducted from
9.30appropriations for these grants is transferred
9.31to the commissioner for purposes of
9.32administering those sections.
10.1(b) $285,000 the first year is to fund a pilot
10.2project to reduce state expenditures on
10.3professional/technical contracts.
10.4(c) $250,000 the first year and $250,000
10.5the second year are to establish a small
10.6agency resource team to consolidate and
10.7streamline the human resources and financial
10.8management activities for small state
10.9agencies, boards, and councils.
10.10(d) $425,000 the first year is a onetime
10.11appropriation for a targeted group business
10.12disparity study. The commissioner must
10.13cooperate with units of local government
10.14conducting similar studies.
10.15(e) $74,000 the first year and $74,000
10.16the second year are for the Council on
10.17Developmental Disabilities.
10.18(f) $53,000 the first year and $36,000 the
10.19second year are for the genetic information
10.20work group and report.
10.21(g) $250,000 in fiscal year 2008 and
10.22$250,000 in fiscal year 2009 are for a grant
10.23to the Council on Developmental Disabilities
10.24for the purpose of establishing a statewide
10.25self-advocacy network for persons with
10.26intellectual and developmental disabilities
10.27(ID/DD). The self-advocacy network shall:
10.28(1) ensure that persons with ID/DD are
10.29informed of their rights in employment,
10.30housing, transportation, voting, government
10.31policy, and other issues pertinent to the
10.32ID/DD community;
11.1(2) provide public education and awareness
11.2of the civil and human rights issues persons
11.3with ID/DD face;
11.4(3) provide funds, technical assistance, and
11.5other resources for self-advocacy groups
11.6across the state; and
11.7(4) organize systems of communications
11.8to facilitate an exchange of information
11.9between self-advocacy groups.
11.10This appropriation is in addition to any other
11.11appropriations and must be added to the base
11.12appropriation beginning in fiscal year 2010.
11.13(h) $75,000 is for purposes of promotion
11.14of document imaging work in government
11.15agencies to be done by persons with
11.16developmental disabilities.
11.18(a) $100,000 the first year is for the
11.19sustainable growth working group.
11.20(b) $500,000 is for a grant to Washington
11.21County for capital improvements detailed in
11.22the approved planned unit development for
11.23the Disabled Veteran's Rest Camp to provide
11.24increased capacity, amenities, access, and
11.25safety for Minnesota veterans.
11.27(a) $1,613,000 the first year and $1,613,000
11.28the second year are for matching grants
11.29for public television. The base budget for
11.30matching grants shall be $1,161,000 in fiscal
11.31year 2010 and $1,161,000 in fiscal year 2011.
11.32(b) $398,000 the first year and $398,000
11.33the second year are for public television
11.34equipment grants. Equipment or matching
12.1grant allocations shall be made after
12.2considering the recommendations of the
12.3Minnesota Public Television Association.
12.4The base budget for public television
12.5equipment grants shall be $200,000 in fiscal
12.6year 2010 and $200,000 in fiscal year 2011.
12.7(c) $17,000 the first year and $17,000 the
12.8second year are for grants to the Twin Cities
12.9regional cable channel.
12.10(d) $350,000 in fiscal year 2008 and $350,000
12.11in fiscal year 2009 are for community service
12.12grants to public educational radio stations.
12.13The base budget for the community service
12.14grants shall be $287,000 in fiscal year 2010
12.15and $287,000 in fiscal year 2011.
12.16(e) $250,000 in fiscal year 2008 and $250,000
12.17in fiscal year 2009 are for equipment grants
12.18to public educational radio stations. The
12.19general fund base funding for equipment
12.20grants is increased by $125,000 each year in
12.21the fiscal 2010-2011 biennium.
12.22(f) The grants in paragraphs (d) and (e)
12.23must be allocated after considering the
12.24recommendations of the Association of
12.25Minnesota Public Educational Radio Stations
12.26under Minnesota Statutes, section 129D.14.
12.27(g) $475,000 the first year and $475,000
12.28the second year are for equipment grants to
12.29Minnesota Public Radio, Inc. The budget
12.30base for the Minnesota Public Radio, Inc.
12.31equipment grants shall be $190,000 in fiscal
12.32year 2010 and $190,000 in fiscal year 2011.
12.33(h) Any unencumbered balance remaining
12.34the first year for grants to public television or
13.1radio stations does not cancel and is available
13.2for the second year.
13.6$65,000 in fiscal year 2008 is for the
13.7decennial expenses related to the board's
13.8duties under Minnesota Statutes, section
13.9473.864, subdivisions 1 and 2. Money
13.10appropriated in fiscal year 2008 is available
13.11until June 30, 2009. This is a onetime
13.12appropriation.
13.15The amounts that may be spent for each
13.16purpose are specified in the following
13.17subdivisions.
13.19(a) $315,000 the first year is for the state's
13.20share of the cost of bankruptcy counsel
13.21representing joint interests of the state and
13.22the city of Duluth in the Northwest Airlines
13.23bankruptcy. This is a onetime appropriation.
13.24(b) Notwithstanding the provisions of
13.25Minnesota Statutes, section 16A.1522,
13.26subdivision 4, the commissioner of finance
13.27shall designate any positive general fund
13.28budgetary balance on June 30, 2007, as an
13.29unrestricted balance. Money so designated
13.30shall remain available for general fund
13.31appropriations authorized in fiscal years
13.322008 and 2009.
14.1$7,000,000 the first year is for costs related to
14.2the Minnesota Accounting and Procurement
14.3System (MAPS). $6,500,000 is to implement
14.4remediation strategies as necessary to avoid
14.5a systemic failure. $500,000 of the first year
14.6total is for planning for the system's eventual
14.7replacement.
14.9(a) $250,000 each year is for the Center for
14.10Health Care Purchasing Improvement.
14.11(b) $186,000 the first year and $203,000 the
14.12second year are for transfer to state agencies
14.13for additional expenses incurred as a result
14.14of expanded use of sick leave authorized by
14.15this act.
14.16(c) $350,000 the first year is to support the
14.17use of an electronic portfolio system to
14.18provide personal health records for MnSCU
14.19employees and other participants in the state
14.20employee group insurance program. Of
14.21this amount, $50,000 is for transfer to the
14.22University of Minnesota Health Informatics
14.23Division to evaluate the use and impact of
14.24personal health records on these employees.
14.25This appropriation is available until June 30,
14.262009.
15.1The amounts that may be spent for each
15.2purpose are specified in subdivisions 2 and 3.
15.10(a) $6,910,000 the first year and $8,704,000
15.11the second year are for additional activities
15.12to identify and collect tax liabilities from
15.13individuals and businesses that currently
15.14do not pay all taxes owed. This initiative
15.15is expected to result in new general fund
15.16revenues of $42,400,000 for the biennium
15.17ending June 30, 2009.
15.18(b) The department must report to the chairs
15.19of the house of representatives Ways and
15.20Means and senate Finance Committees by
15.21March 1, 2008, and January 15, 2009, on the
15.22following performance indicators:
15.23(1) the number of corporations noncompliant
15.24with the corporate tax system each year and
15.25the percentage and dollar amounts of valid
15.26tax liabilities collected;
15.27(2) the number of businesses noncompliant
15.28with the sales and use tax system and the
15.29percentage and dollar amount of the valid tax
15.30liabilities collected; and
15.31(3) the number of individual noncompliant
15.32cases resolved and the percentage and dollar
15.33amounts of valid tax liabilities collected.
15.34(c) The reports must also identify base-level
15.35expenditures and staff positions related to
16.1compliance and audit activities, including
16.2baseline information as of January 1, 2006.
16.3The information must be provided at the
16.4budget activity level.
16.5(d) $16,000,000 the first year is for the
16.6purchase and development of an integrated
16.7tax software package.
16.8(e) $75,000 the first year and $75,000 the
16.9second year are for grants to one or more
16.10nonprofit organizations, qualifying under
16.11section 501(c)(3) of the Internal Revenue
16.12Code of 1986, to coordinate, facilitate,
16.13encourage, and aid in the provision of
16.14taxpayer assistance services. For purposes
16.15of this paragraph, "taxpayer assistance
16.16services" means accounting and tax
16.17preparation services provided by volunteers
16.18to low-income and disadvantaged Minnesota
16.19residents to help them file federal and
16.20state income tax returns and Minnesota
16.21property tax refund claims and may include
16.22providing personal representation before
16.23the Department of Revenue and Internal
16.24Revenue Service.
16.26$1,750,000 the first year and $3,110,000
16.27the second year are for additional activities
16.28to identify and collect tax liabilities from
16.29individuals and businesses that currently do
16.30not pay all taxes owed. This initiative is
16.31expected to result in new general revenues of
16.32$60,000,000 for the biennium ending June
16.3330, 2009.
17.1These appropriations are from the lawful
17.2gambling regulation account in the special
17.3revenue fund.
17.5(a) These appropriations are from racing
17.6regulation accounts in the special revenue
17.7fund.
17.8(b) $295,000 the first year and $64,000 the
17.9second year and thereafter are for information
17.10technology improvements implemented in
17.11consultation with the Office of Enterprise
17.12Technology as part of the small agency
17.13technology initiative.
17.15Notwithstanding Minnesota Statutes, section
17.16349A.10 , subdivision 3, the operating budget
17.17must not exceed $27,378,000 in fiscal year
17.182008 and $28,141,000 in fiscal year 2009.
17.20To be spent by the commissioner of finance.
17.21If the appropriation for either year is
17.22insufficient, the appropriation for the other
17.23year is available for it.
17.26(a) The amounts estimated to be needed for
17.27each program are as follows:
17.29Under Minnesota Statutes, sections 3A.03,
17.30subdivision 2, 3A.04, subdivisions 3 and 4;
17.31and 3A.115.
18.2Under Minnesota Statutes, sections
18.3352C.031, subdivision 5;352C.04 ,
18.4subdivision 3; and352C.09 , subdivision 2.
18.5(b) If an appropriation in this section for
18.6either year is insufficient, the appropriation
18.7for the other year is available for it.
18.10The amounts estimated to be needed under
18.11Minnesota Statutes, section 422A.101,
18.12subdivision 3.
18.15The amounts estimated to be needed are as
18.16follows:
18.25The amounts estimated to be needed for
18.26special direct state aid to first class city
18.27teachers retirement funds authorized under
18.28Minnesota Statutes, section354A.12 ,
18.29subdivisions 3a and 3c.
18.31Of this amount, $67,000 each year is to be
18.32used for an additional event development
18.33position. This is a onetime appropriation.
19.1The base budget for the Amateur Sports
19.2Commission shall be $215,000 in fiscal year
19.32010 and $215,000 in fiscal year 2011.
19.4The amount available for appropriation to
19.5the commission under Laws 2005, chapter
19.6156, article 2, section 43, is reduced in the
19.7first year and the second year by the amounts
19.8appropriated in this section.
19.11$25,000 the first year and $25,000 the second
19.12year are for expenses related to the state's
19.13annual Martin Luther King, Jr. holiday
19.14celebration.
19.20$80,000 in the first year is for the acquisition
19.21of an Indian burial site in Becker County. The
19.22Indian Affairs Council shall solicit donations
19.23from federal, state, nonprofit, private, and
19.24tribal sources for this purpose. This is a
19.25onetime appropriation and is available for
19.26expenditure until June 30, 2009.
19.27$100,000 in the first year is for transfer to the
19.28director of the Minnesota Office of Higher
19.29Education for a grant for the Dakota/Ojibwe
19.30Language Revitalization Project to expand
19.31an existing pilot project to promote activities
19.32and programs that are specific to promoting
19.33revitalization of indigenous language for
20.1American Indian children who do not live
20.2on an Indian reservation. The pilot project
20.3shall focus on developing programs that
20.4meet the language needs of children in
20.5prekindergarten through grade 12. This is a
20.6onetime appropriation.
20.16(a) The appropriations in this section
20.17may only be spent with the approval of
20.18the governor after consultation with the
20.19Legislative Advisory Commission pursuant
20.20to Minnesota Statutes, section 3.30.
20.21(b) If an appropriation in this section for
20.22either year is insufficient, the appropriation
20.23for the other year is available for it.
20.24(c) If a contingent account appropriation
20.25is made in one fiscal year, it should be
20.26considered a biennial appropriation.
20.27 Sec. 30. MANAGERIAL POSITION REDUCTIONS.
20.28 The governor must reduce the number of deputy commissioners, assistant
20.29commissioners, and positions designated as unclassified under authority of Minnesota
20.30Statutes, section 43A.08, subdivision 1a, by an amount that will generate savings to the
20.31general fund of $ 4,775,000 in the biennium ending June 30, 2009, and $7,600,000 in the
20.32biennium ending June 30, 2011.
21.3 Section 1. [3.052] SCHEDULE FOR CONSIDERATION OF LEGISLATION.
21.4 Subdivision 1. Agency bills. An executive department or agency intending to urge
21.5the legislature to adopt a bill shall deliver the bill to the revisor of statutes by November
21.61 before the regular session at which adoption will be urged. This deadline does not
21.7apply: (1) to bills necessary to implement the governor's budget proposals; (2) to other
21.8bills that are policy initiatives of the governor, as opposed to administrative initiatives of a
21.9department or agency; or (3) as otherwise provided in section 3C.035.
21.10 Subd. 2. State of the state. The governor is encouraged to submit a state of the state
21.11address in January of each odd-numbered year and within the first ten days after the start
21.12of the legislative session in an even-numbered year. Before or during this address, the
21.13governor is encouraged to announce major legislative policy initiatives that the governor
21.14intends to promote that year.
21.15 Subd. 3. Executive submission of budget bills. The governor must submit bills
21.16necessary to implement the governor's operating budget to the legislature within two
21.17weeks after the date specified in section 16A.11 for the governor to submit the detailed
21.18operating budget to the legislature. The bills must be provided to the speaker of the house
21.19of representatives and the majority leader of the senate in a manner ready for formal
21.20introduction and final consideration.
21.21 Sec. 2. [3.181] PRINTED MATERIALS.
21.22 If paper copies of legislative bills and amendments are printed, they must be printed
21.23on paper that measures 8-1/2 inches by 11 inches.
21.24EFFECTIVE DATE.This section is effective January 1, 2009.
21.25 Sec. 3. [3.3051] PUBLIC INFORMATION.
21.26 The Legislative Coordinating Commission must establish a joint legislative public
21.27information office.
21.28 The office is the legislative entity responsible for:
21.29 (1) producing legislative directories and rosters, news magazines, and general
21.30educational materials about the legislative process;
21.31 (2) in cooperation with other legislative offices, providing schedules of legislative
21.32meetings;
22.1 (3) producing television coverage of certain legislative proceedings; and
22.2 (4) performing other functions assigned by the Legislative Coordinating
22.3Commission.
22.4 Sec. 4. [3.306] MEETING TIMES.
22.5 The house of representatives and the senate must adopt rules that set one time as the
22.6regular hour of convening daily sessions in both houses.
22.7 Sec. 5. [3.3061] JOINT STANDING COMMITTEES.
22.8 The house of representatives and the senate are encouraged to adopt rules that:
22.9 (1) establish a system of joint standing committees to consider and report on
22.10legislation and conduct other legislative business, except that each house may separately
22.11establish a committee on rules and administration and a committee on ethics; or
22.12 (2) provide that house and senate committees with similar jurisdiction will meet at
22.13the same time to facilitate joint meetings.
22.14 Sec. 6. Minnesota Statutes 2006, section 3.85, subdivision 3, is amended to read:
22.15 Subd. 3. Membership. The commission consists offive seven members of the
22.16senate appointed by the Subcommittee on Committees of the Committee on Rules and
22.17Administration andfive seven members of the house of representatives appointed by the
22.18speaker. Members shall be appointed at the commencement of each regular session of the
22.19legislature for a two-year term beginning January 16 of the first year of the regular session.
22.20Members continue to serve until their successors are appointed. Vacancies that occur while
22.21the legislature is in session shall be filled like regular appointments. If the legislature is not
22.22in session, senate vacancies shall be filled by the last Subcommittee on Committees of the
22.23senate Committee on Rules and Administration or other appointing authority designated
22.24by the senate rules, and house vacancies shall be filled by the last speaker of the house, or
22.25if the speaker is not available, by the last chair of the house Rules Committee.
22.26 Sec. 7. [3.9228] MINNESOTA OFFICE ON ETHNIC HERITAGE AND NEW
22.27AMERICANS.
22.28 Subdivision 1. Office established. The Minnesota Office of Ethnic Heritage and
22.29New Americans is established to: (1) recognize the state's rich ethnic diversity and the
22.30contributions that immigrants have made to the state's social, economic, and cultural
22.31history; and (2) capitalize on and develop the strengths of the immigrant community in
22.32Minnesota. The commission shall assist state government to foster an understanding and
23.1appreciation of ethnic and cultural diversity in Minnesota, to more effectively identify
23.2the underutilized resources within the immigrant community and to facilitate the full
23.3participation of immigrants in social, cultural, and political life in this state.
23.4 Subd. 2. Membership. The Minnesota Office of Ethnic Heritage and New
23.5Americans consists of 14 members: the Subcommittee on Committees of the Committee
23.6on Rules and Administration of the senate shall appoint two public members and two
23.7senators; and the speaker of the house of representatives shall appoint two public members
23.8and two members of the house of representatives. The governor shall appoint six public
23.9members.
23.10 Appointees must have proven experience and dedication to working with the wide
23.11range of ethnic communities within Minnesota, the immigrant community, and possess
23.12training and experience in business, management, economics, public policy, legal affairs,
23.13and social work. The appointing authorities shall seek to collaborate with each other and
23.14with the councils established in sections 3.9223, 3.9225, and 3.9226 to ensure that the
23.15public membership of the commission is ethnically and geographically diverse and is
23.16reasonably balanced by gender.
23.17 Compensation and the filling of vacancies or appointed members are as provided in
23.18section 15.0575. The appointments required under this subdivision must be completed
23.19no later than September 1, 2007.
23.20 Subd. 3. Organization. As soon as possible after the appointments under
23.21subdivision 2 have been completed, the executive director of the Legislative Coordinating
23.22Commission shall convene the first meeting of the commission. The members of the
23.23commission shall select their chairperson at the first meeting.
23.24 Subd. 4. Assistance. The Legislative Coordinating Commission shall provide the
23.25administrative and clerical support services necessary for the operation of the Minnesota
23.26Office on Ethnic Heritage and New Americans.
23.27 Subd. 5. Duties. The Minnesota Office of Ethnic Heritage and New Americans shall:
23.28 (1) work with community leaders, the legislature, and the executive branch to
23.29develop programs and proposals that will encourage ethnic identity, preserve ethnic
23.30heritage, and promote education of the public about the state's heritage and cultural history;
23.31 (2) make recommendations to the legislature and the governor intended to foster the
23.32understanding and appreciation of cultural diversity in the state;
23.33 (3) maintain association with ethnic, cultural, and minority groups to determine
23.34community needs;
23.35 (4) study and consider opportunities and issues for the immigrant community in
23.36this state, including:
24.1 (i) steps to eliminate underutilization of immigrants in the state's work force;
24.2 (ii) improving the efficient use of existing state programs and services; and
24.3 (iii) other appropriate steps to improve the economic and social condition of
24.4immigrants in this state.
24.5 By December 1, 2008, the commission shall report to the chairs of the legislative
24.6committees and divisions with jurisdiction over issues affecting ethnic heritage and
24.7immigrants. The report must include a discussion of the items listed in this subdivision
24.8together with recommendations for state agencies and the legislature, including any
24.9proposed legislation necessary to accomplish the recommendations. The executive
24.10director of the Legislative Coordinating Commission shall ensure that copies of the report
24.11are available on the Legislative Coordinating Commission's Web site.
24.12 Subd. 6. Expiration. This section expires on June 30, 2009.
24.13 Sec. 8. Minnesota Statutes 2006, section 3.9741, subdivision 1, is amended to read:
24.14 Subdivision 1. Metropolitan Commission. Upon the audit of the financial accounts
24.15and affairs of a commission under section473.595 ,
473.604 , or
473.703 , the affected
24.16Metropolitan Commission is liable to the state for the total cost and expenses of the
24.17audit, including the salaries paid to the examiners while actually engaged in making
24.18the examination. The legislative auditor may bill the Metropolitan Commission either
24.19monthly or at the completion of the audit. All collections received for the audits must be
24.20deposited in the general fund added to the appropriation for the legislative auditor.
24.21EFFECTIVE DATE.This section is effective the day following final enactment.
24.22 Sec. 9. [4.60] POET LAUREATE.
24.23 (a) The position of poet laureate of the state of Minnesota is established. The
24.24Minnesota Humanities Commission must solicit nominations for the poet laureate
24.25appointment and must make recommendations to the governor. After receiving
24.26recommendations from the Minnesota Humanities Commission, the governor shall
24.27appoint a state poet laureate and conduct appropriate ceremonies to honor the person
24.28appointed. The person appointed as poet laureate continues to serve in this position until
24.29the governor appoints another person.
24.30 (b) State agencies and officers are encouraged to use the services of the poet laureate
24.31for appropriate ceremonies and celebrations.
24.32 Sec. 10. Minnesota Statutes 2006, section 5.12, subdivision 1, is amended to read:
25.1 Subdivision 1. Fees. The secretary of state shall charge a fee of $5 for each
25.2certificate or certification of a copy of any document filed in the Office of the Secretary
25.3of State. The secretary of state shall charge a fee of $3 for a copy of an original filing of
25.4a corporation, limited partnership, assumed name, or trade or service mark, or for the
25.5complete record of a certificate of assumed name. The secretary of state shall charge a
25.6fee of $3 for a copy of any or all subsequent filings of a corporation, limited partnership,
25.7assumed name, or trade or service mark. The secretary of state shall charge a fee of $1 per
25.8page for copies of other nonuniform commercial code documents filed with the secretary of
25.9state. At the time of filing, the secretary of state may provide at the public counter, without
25.10charge, a copy of a filing, ten or fewer pages in length, to the person making the filing.
25.11EFFECTIVE DATE.This section is effective August 1, 2007.
25.12 Sec. 11. [5.32] TEMPORARY TECHNOLOGY SURCHARGE.
25.13 Subdivision 1. Surcharge. For fiscal years 2008 and 2009, the following technology
25.14surcharges are imposed on the filing fees required under the following statutes:
25.15 (1) $25 for articles of incorporation filed under section 302A.151;
25.16 (2) $25 for articles of organization filed under section 322B.17;
25.17 (3) $25 for applications for certificates of authority to transact business in Minnesota
25.18filed under section 303.06;
25.19 (4) $20 for annual reports filed by non-Minnesota corporations under section
25.20303.14; and
25.21 (5) $50 for reinstatements to authority to transact business in Minnesota filed under
25.22section 303.19.
25.23 Subd. 2. Deposit. The surcharges listed in subdivision 1 shall be deposited into the
25.24uniform commercial code account.
25.25 Subd. 3. Expiration. This section expires June 30, 2009.
25.26 Sec. 12. [6.465] DEFINITIONS.
25.27 Subdivision 1. Application. For the purposes of this chapter, the terms defined in
25.28this section have the meaning given them.
25.29 Subd. 2. Political subdivision. "Political subdivision" means a county, home rule
25.30charter or statutory city, town, school district, metropolitan or regional agency, public
25.31corporation, political subdivision, or special district as defined in subdivision 3. "Political
25.32subdivision" does not include a metropolitan or regional agency or a public corporation
25.33audited by the legislative auditor.
26.1 Subd. 3. Special district. "Special district" means a public entity with a special
26.2or limited purpose, financed by property tax revenues or other public funds, that is
26.3not included in a city, county, or town financial report as a component of that local
26.4government, that is created or authorized by law, and that is governed by (1) persons
26.5directly elected to the governing board of the district, (2) persons appointed to the
26.6governing board of the district by local elected officials, (3) local elected officials who
26.7serve on the board by virtue of their elected office, or (4) a combination of these methods
26.8of selection. Special district includes special taxing districts listed in section 275.066.
26.9 Sec. 13. Minnesota Statutes 2006, section 6.47, is amended to read:
26.106.47 ACCOUNTING AND BUDGETING SYSTEMS; INVESTIGATION,
26.11FORMS.
26.12 The state auditor shall inquire into the accounting and budgeting systems of all
26.13local units of government political subdivisions and shall prescribe suitable systems of
26.14accounts and budgeting, and forms, books, and instructions concerning the same. At the
26.15request of anylocal unit of government political subdivision the state auditor may install
26.16such systems.The state auditor shall recommend a form for order- and warrant-checks of
26.17all local units of government which shall conform, so far as consistent with statutory and
26.18charter requirements, to approved banking practice in order to facilitate handling of such
26.19instruments by banks and other depositories.
26.20 Sec. 14. Minnesota Statutes 2006, section 6.51, is amended to read:
26.216.51SCHOOL DISTRICTS, TOWNS, AND STATUTORY CITIES OTHER
26.22POLITICAL SUBDIVISIONS.
26.23 All powers and duties of the state auditor herein imposed and conferred with respect
26.24to the supervision, inspection, and examination of books and accounts of cities in section
26.256.50
are herewith extended to all school districts, towns, and statutory cities political
26.26subdivisions of this state. A copy of the report of such examination shall be filed, subject
26.27to public inspection, with the clerk or chief administrative officer of thetown, statutory
26.28city, or school district political subdivision receiving such examination, and an additional
26.29copy with the county auditor of the county in which the administrative offices ofsuch
26.30town, statutory city, or school district the political subdivision are located. If such report
26.31disclose malfeasance, misfeasance, or nonfeasance in office, the state auditor shall file
26.32such copy with the county attorney of the county in which the administrative offices of
26.33such school district, town, or statutory city the political subdivision are located, and the
26.34county attorney shall institute such proceedings as the law and the public interest require.
27.1 Sec. 15. Minnesota Statutes 2006, section 6.54, is amended to read:
27.26.54 EXAMINATION OFCOUNTY AND MUNICIPAL POLITICAL
27.3SUBDIVISION RECORDS PURSUANT TO PETITION.
27.4 Subdivision 1. Petition of voters for audit. The registered voters in acounty or
27.5home rule charter or statutory city political subdivision other than a town or school district
27.6or the electors at an annual or special town meeting of a town may petition the state
27.7auditor to examine the books, records, accounts, and affairs of thecounty, home rule
27.8charter or statutory city, town, political subdivision or of any organizational unit, activity,
27.9project, enterprise, or fund thereof; and the scope of the examination may be limited by the
27.10petition, but the examination shall cover, at least, all cash received and disbursed and the
27.11transactions relating thereto, provided that the state auditor shall not examine more than
27.12the six latest years preceding the circulation of the petition, unless it appears to the state
27.13auditor during the examination that the audit period should be extended to permit a full
27.14recovery under bonds furnished by public officers or employees, and may if it appears to
27.15the auditor in the public interest confine the period or the scope of audit or both period and
27.16scope of audit, to less than that requested by the petition. In the case of acounty or home
27.17rule charter or statutory city political subdivision other than a town or school district, the
27.18petition shall be signed by a number of registered voters at least equal to 20 percent of
27.19those voting in the last presidential election.
27.20 Subd. 2. School districts. The eligible voters of any school district may petition the
27.21state auditor, who shall be subject to the same restrictions regarding the scope and period
27.22of audit, provided that the petition shall be signed by at least ten eligible voters for each 50
27.23resident pupils in average daily membership during the preceding school year as shown on
27.24the records in the office of the commissioner of education. In the case of school districts,
27.25the petition shall be signed by at least ten eligible voters.
27.26 Subd. 3. Certifications required. At the time it is circulated, every petition shall
27.27contain a statement that the cost of the audit will be borne by thecounty, city, or school
27.28district political subdivision as provided by law. Thirty days before the petition is
27.29delivered to the state auditor it shall be presented to the appropriatecity or school district
27.30clerk or chief administrative officer of the political subdivision and the county auditor.
27.31The county auditor shall determine and certify whether the petition is signed by the
27.32required number of registered voters or eligible voters as the case may be. The certificate
27.33shall be conclusive evidence thereof in any action or proceeding for the recovery of the
27.34costs, charges, and expenses of any examination made pursuant to the petition.
28.1 Sec. 16. Minnesota Statutes 2006, section 6.55, is amended to read:
28.26.55 EXAMINATION OF RECORDS PURSUANT TO RESOLUTION OF
28.3GOVERNING BODY.
28.4 The governing body of anycity, town, county or school district, political subdivision
28.5by appropriate resolution may ask the state auditor to examine the books, records,
28.6accounts and affairs of their government, or of any organizational unit, activity, project,
28.7enterprise, or fund thereof; and the state auditor shall examine the same upon receiving,
28.8pursuant to said resolution, a written request signed by a majority of the members of the
28.9governing body; and the governing body of anypublic utility commission, or of any
28.10public corporation having a body politic and corporate political subdivision, or of any
28.11instrumentality joint or several of anycity, town, county, or school district political
28.12subdivision, may request an audit of its books, records, accounts and affairs in the same
28.13manner; provided that the scope of the examination may be limited by the request, but
28.14such examination shall cover, at least, all cash received and disbursed and the transactions
28.15relating thereto. Such written request shall be presented to the clerk,or recording officer,
28.16or chief administrative officer ofsuch city, town, county, school district, public utility
28.17commission, public corporation, the political subdivision or instrumentality, before
28.18being presented to the state auditor, who shall determine whether the same is signed
28.19by a majority of the members of such governing body and, if found to be so signed,
28.20shall certify such fact, and the fact that such resolution was passed, which certificate
28.21shall be conclusive evidence thereof in any action or proceedings for the recovery of the
28.22costs, charges and expenses of any examination made pursuant to such request. Nothing
28.23contained in any of the laws of the state relating to the state auditor, shall be so construed
28.24as to prevent anycounty, city, town, or school district political subdivision from employing
28.25a certified public accountant to examine its books, records, accounts, and affairs. For the
28.26purposes of this section, the governing body of a town is the town board.
28.27 Sec. 17. Minnesota Statutes 2006, section 6.551, is amended to read:
28.286.551 EXAMINATION OF GRANTEES AND CONTRACTORS OFLOCAL
28.29GOVERNMENTS POLITICAL SUBDIVISIONS.
28.30 The state auditor may examine the books, records, documents, and accounting
28.31procedures and practices of a contractor or grantee of alocal government political
28.32subdivision pursuant to section16C.05, subdivision 5 . The examination shall be limited to
28.33the books, records, documents, and accounting procedures and practices that are relevant
28.34to the contract or transaction with thelocal government political subdivision.
29.1 Sec. 18. Minnesota Statutes 2006, section 6.57, is amended to read:
29.26.57 COST OF EXAMINATION, COLLECTION.
29.3 On Julyfirst, 1 of each year, the state auditor shall certify all uncollected claims for
29.4the examination of anycounty, city, town, or school district which political subdivision
29.5that have remained unpaid for a period of three months from the date of such claim. The
29.6auditor shall forthwith notify the clerk,or recording officer, or chief administrative officer
29.7of eachcounty, city, town, or school district political subdivision against which the state
29.8has a claim that, if the same is not paid, with interest at the rate of six percent per annum
29.9from the date of the claim, within 90 days, the full amount thereof will be certified to the
29.10county auditor of the county having such examination, or to the county auditor for the
29.11county or counties in whichsuch city, town, or school district the political subdivision is
29.12situated, for collection by special tax levy, as herein provided. Such notice shall be served
29.13by certified mail and the deposit thereof in the United States mail shall constitute due and
29.14legal service thereof upon thecounty, city, town, or school district political subdivision.
29.15 Sec. 19. Minnesota Statutes 2006, section 6.59, is amended to read:
29.166.59 CLAIM OF STATE FOR COST OF EXAMINATION, CONTEST.
29.17 On or before Septemberfirst 1 of each year, following service of the notice, any such
29.18county, city, town, or school district political subdivision may serve notice, in writing,
29.19upon the attorney general that it desires to contest the legality of the state's claim, and
29.20the attorney general shall forthwith file with the court administrator of the district court
29.21of the county having such examination, or in whichsuch city, town, or school district
29.22the political subdivision, or major part thereof, is situated, a verified statement of the
29.23state's claim, duly itemized and serve upon the auditoror, clerk, or chief administrative
29.24officer ofsuch county, city, town, or school district the political subdivision, by certified
29.25mail, a copy of such statement.Such county, city, town, or school district The political
29.26subdivision may file with the court administrator of such district court, within ten days
29.27after the service of such statement upon it, verified objections to the state's claim, and such
29.28district court shall thereupon summarily, in or out of term, hear and determine the amount
29.29due the state, if any, for such examination, at a time and place fixed by the court therefor.
29.30The court administrator of court shall certify to the county auditor of the county having
29.31such examination, or to the county auditor of the county or counties in whichsuch city,
29.32town, or school district the political subdivision is situated, the amount so determined
29.33by the court to be due to the state, if any.
30.1 Sec. 20. Minnesota Statutes 2006, section 6.60, is amended to read:
30.26.60 STATE AUDITOR, CERTIFICATION OF AMOUNTS DUE.
30.3 On Octoberfirst, 1 of each year, the state auditor shall certify the respective amounts
30.4due the state from the variouscounties, cities, towns, and school districts political
30.5subdivisions, including interest computed to July first, following, to the county auditor of
30.6the county having such examination, or to the county auditor of the county in which any
30.7such city, town, or school district political subdivision is, in whole or in part, situated. The
30.8county auditor, upon receiving a certificate from the state auditor, or a certificate from the
30.9court administrator, as provided in section6.59 , shall include the amount of the state's
30.10claim, with 25 percent added, in the tax levy for general revenue purposes of thecounty or
30.11municipality political subdivision liable therefor, and such additional levy shall not be
30.12within any limitation imposed by law upon the amount of taxes which may be levied for
30.13revenue purposes. Upon completion of the June tax settlement following such levy the
30.14county treasurer shall deduct from the amount apportioned to thecounty or municipality
30.15political subdivision for general revenue purposes, the amount due the state, including
30.16interest, and remit the same to the commissioner of finance.
30.17 Sec. 21. Minnesota Statutes 2006, section 6.62, subdivision 2, is amended to read:
30.18 Subd. 2. Cost of postaudit. The amount of said levy shall be the amount of the
30.19claim or claims submitted by the state auditor for such services or the auditor's estimate of
30.20the entire cost, and said amount shall be certified by the governing body, after the request
30.21or petition for the audit has been filed, to the county auditor, along with amounts requested
30.22for other governmental purposes. If such levy has been made in excess of statutory
30.23limitations, and if the request or petition is withdrawn after the amount of the levy has
30.24been certified but the levy cannot be canceled because it has been spread on the tax lists,
30.25the governing body shall cause the proceeds of such levy to be transferred to the general
30.26fund and reduce the succeeding year's levy for general purposes accordingly. Provided,
30.27however,counties, cities, and other governmental units political subdivisions whose
30.28financial affairs are required by statute or charter to be audited at regular intervals may
30.29levy annually or biennially in anticipation of the audit expense, without the presentment of
30.30such claim or estimate by the state auditor.
30.31 Sec. 22. Minnesota Statutes 2006, section 6.63, is amended to read:
30.326.63 APPLICATION.
31.1 The units of government set forth in sections6.56,
6.465, 6.57 ,
6.59 ,
6.60 , and
6.62
31.2shall be construed, where applicable, to include, in addition to those therein specifically
31.3named, public utility commissions, public corporations, and instrumentalities.
31.4 Sec. 23. Minnesota Statutes 2006, section 6.64, is amended to read:
31.56.64 COOPERATION WITH PUBLIC ACCOUNTANTS; PUBLIC
31.6ACCOUNTANT DEFINED.
31.7 There shall be mutual cooperation between the state auditor and public accountants
31.8in the performance of auditing, accounting, and other related services forcounties, cities,
31.9towns, school districts, and other public corporations political subdivisions. For the
31.10purposes of sections6.64 to
6.71 and section 6.756, the term public accountant shall have
31.11the meaning ascribed to it in section412.222 .
31.12 Sec. 24. Minnesota Statutes 2006, section 6.65, is amended to read:
31.136.65 MINIMUM PROCEDURES FOR AUDITORS, PRESCRIBED.
31.14 The state auditor shall prescribe minimum procedures and the audit scope for
31.15auditing the books, records, accounts, and affairs ofcounties and local governments
31.16political subdivisions in Minnesota. The minimum scope for audits of alllocal
31.17governments political subdivisions must include financial and legal compliance audits.
31.18Audits of all school districts must include a determination of compliance with uniform
31.19financial accounting and reporting standards. The state auditor shall promulgate an
31.20audit guide for legal compliance audits, in consultation with representatives of the state
31.21auditor, the attorney general, towns, cities, counties, school districts, and private sector
31.22public accountants.
31.23 Sec. 25. Minnesota Statutes 2006, section 6.66, is amended to read:
31.246.66 CERTAIN PRACTICES OF PUBLIC ACCOUNTANTS AUTHORIZED.
31.25 Any public accountant may engage in the practice of auditing the books, records,
31.26accounts, and affairs ofcounties, cities, towns, school districts, and other public
31.27corporations which political subdivisions that are not otherwise required by law to be
31.28audited exclusively by the state auditor.
31.29 Sec. 26. Minnesota Statutes 2006, section 6.67, is amended to read:
31.306.67 PUBLIC ACCOUNTANTS; REPORT OF EVIDENCE POINTING TO
31.31MISCONDUCT.
32.1 Whenever a public accountant in the course of auditing the books and affairs of a
32.2county, city, town, school district, or other public corporations, political subdivision shall
32.3discover evidence pointing to nonfeasance, misfeasance, or malfeasance, on the part of
32.4an officer or employee in the conduct of duties and affairs, the public accountant shall
32.5promptly make a report of such discovery to the state auditor and the county attorney of
32.6the county in which thegovernmental unit political subdivision is situated and the public
32.7accountant shall also furnish a copy of the report of audit upon completion to said officers.
32.8The county attorney shall act on such report in the same manner as required by law for
32.9reports made to the county attorney by the state auditor.
32.10 Sec. 27. Minnesota Statutes 2006, section 6.68, is amended to read:
32.116.68 STATE AUDITOR MAY ASSIST PUBLIC ACCOUNTANT IN AUDIT.
32.12 Subdivision 1. Request to governing body. If in an audit of acounty, city, town,
32.13school district, or other public corporation, political subdivision a public accountant has
32.14need of the assistance of the state auditor, the accountant may obtain such assistance
32.15by requesting the governing body of thegovernmental unit political subdivision being
32.16examined to request the state auditor to perform such auditing or investigative services, or
32.17both, as the matter and the public interest require.
32.18 Subd. 2. Auditor's report; payment. The state auditor shall work in close
32.19cooperation with the public accountant in rendering the services so requested and the
32.20state auditor shall make such report of findings to the county attorney as is required by
32.21law to be made of nonfeasance, misfeasance, and malfeasance discovered by the state
32.22auditor. Thegovernmental unit political subdivision shall be liable for the payment of
32.23such services so performed by the state auditor in the same manner as if it had requested
32.24the services pursuant to section6.55 .
32.25 Sec. 28. Minnesota Statutes 2006, section 6.70, is amended to read:
32.266.70 ACCESS TO REPORTS.
32.27 The state auditor and the public accountants shall have reasonable access to each
32.28other's audit reports, working papers, and audit programs concerning audits made by each
32.29ofcounties, cities, towns, school districts, and other public corporations the political
32.30subdivisions.
32.31 Sec. 29. Minnesota Statutes 2006, section 6.71, is amended to read:
32.326.71 SCOPE OF AUDITOR'S INVESTIGATION.
33.1 Whenever the governing body of acounty, city, town, or school district political
33.2subdivision shall have requested a public accountant to make an audit of its books and
33.3affairs, and such audit is in progress or has been completed, and registered voters or
33.4electors petition or the governing body requests or both the state auditor to make an
33.5examination covering the same, or part of the same, period, the state auditor may, in the
33.6public interest, limit the scope of the examination to less than that specified in section
33.76.54
, but the scope shall cover, at least, an investigation of those complaints which are
33.8within the state auditor's powers and duties to investigate.
33.9 Sec. 30. Minnesota Statutes 2006, section 6.715, is amended by adding a subdivision
33.10to read:
33.11 Subd. 5. Review of data; data protection. If, before releasing a report, the state
33.12auditor provides a person with data relating to the audit for the purpose of review and
33.13verification of the data, the person must protect the data from unlawful disclosure or be
33.14subject to the penalties and liabilities provided in sections 13.08 and 13.09.
33.15 Sec. 31. [6.756] SPECIAL DISTRICTS; INFORMATION REQUIRED TO BE
33.16FILED WITH STATE AUDITOR; AUDITS.
33.17 Subdivision 1. Governance documents must be filed. Each special district must
33.18file with the state auditor, within 60 days of adoption, any document relating to the
33.19governance of the district, including articles of incorporation, bylaws, or agreements,
33.20and any amendment to these documents.
33.21 Subd. 2. Audit requirements. (a) A special district with total annual revenue
33.22greater than the threshold amount for cities under section 412.591, subdivision 3,
33.23paragraph (b), must provide for an annual audit of the district's financial affairs by the
33.24state auditor or a public accountant in accordance with minimum auditing procedures
33.25prescribed by the state auditor.
33.26 (b) A special district with total annual revenue that is equal to or less than the
33.27threshold amount for cities under section 412.591, subdivision 3, paragraph (b), must
33.28provide for an audit of the district's financial affairs by the state auditor or a public
33.29accountant in accordance with minimum audit procedures prescribed by the state auditor
33.30at least once every five years. The audit must be for a one-year period to be determined
33.31at random by the person conducting the audit. The audited financial statement must be
33.32prepared in a form prescribed by the state auditor similar to the reporting requirements for
33.33cities under 2,500 in population. For any year in which a special district is not audited,
33.34the district must prepare a financial statement in a form prescribed by the state auditor
34.1similar to the reporting requirements for cities reporting on a cash basis and file that
34.2statement with the state auditor.
34.3 (c) This subdivision does not apply to a special district subject to financial auditing
34.4and reporting requirements under other law.
34.5 Subd. 3. Presentation to governing board; filing with state auditor. Except as
34.6provided by other law, financial statements and audits must be completed, presented to the
34.7district's governing board, and filed with the state auditor within 180 days after the end of
34.8the district's fiscal year.
34.9 Sec. 32. [8.37] ASSISTANCE TO VETERANS.
34.10 The attorney general may advise and assist veterans and their families as to services
34.11available from public and private agencies. For purposes of this section, "veteran" means
34.12any veteran or active member of the United States armed services, including the National
34.13Guard and Reserves.
34.14 Sec. 33. [11A.27] REPORT ON INVESTMENT CONSULTANT ACTIVITIES
34.15AND DELIVERABLES.
34.16 (a) Annually, on or before November 1, the State Board of Investment shall file a
34.17report with the Legislative Reference Library on the activities and work product during
34.18that year of any investment consultants retained by the board.
34.19 (b) The report must include the following items:
34.20 (1) the total contract fee paid to each investment consultant;
34.21 (2) a listing of the projects in which the investment consultant was involved; and
34.22 (3) examples of the written work product provided by the investment consultant on
34.23those projects during the report coverage period.
34.24EFFECTIVE DATE.This section is effective June 30, 2007.
34.25 Sec. 34. [12.62] MINNESOTA LEGISLATIVE COMMISSION ON TERRORISM
34.26AND DISASTER PREPAREDNESS.
34.27 Subdivision 1. Creation; duties. The Legislative Commission on Terrorism and
34.28Disaster Preparedness is established to:
34.29 (1) advise the legislature on issues related to homeland security, emergency
34.30management, man-made and natural disasters, terrorism, bioterrorism, public health
34.31emergencies, and vulnerabilities in the public and private infrastructures;
34.32 (2) oversee the disaster preparation activities of the Department of Health,
34.33Department of Public Safety, and any other state agency, office, commission, or board that
35.1is within the commission's purview, and make recommendations to these organizations of
35.2changes or additions to the organizations' disaster preparedness and risk reduction work
35.3plans that the commission deems advisable; and
35.4 (3) make policy and finance recommendations to improve the state's public and
35.5private capacity to prevent, respond to, and recover from man-made and natural threats to
35.6the state.
35.7 Subd. 2. Membership. (a) The commission consists of:
35.8 (1) three members of the house of representatives, one of whom must be a member
35.9of the minority party, to be appointed by the speaker of the house of representatives;
35.10 (2) three members of the senate, one of whom must be a member of the minority
35.11party, to be appointed by the senate majority leader;
35.12 (3) the commissioner of public safety, or a designee, as an ex-officio member;
35.13 (4) the commissioner of health, or a designee, as an ex-officio member;
35.14 (5) the attorney general, or a designee, as an ex-officio member;
35.15 (6) two citizen members with relevant expertise, selected by the speaker of the
35.16house of representatives;
35.17 (7) two citizen members with relevant expertise, selected by the senate majority
35.18leader;
35.19 (8) two citizen members, selected by the speaker of the house of representatives; and
35.20 (9) two citizen members, selected by the senate majority leader.
35.21 (b) Members serve for a term expiring at the close of each regular session of the
35.22legislature but continue to serve until their successors are appointed. Members may be
35.23reappointed. The appointing authority shall fill vacancies.
35.24 (c) One member, elected by a majority of members, shall serve as the commission
35.25chair. The commission chair should have relevant subject matter education, training, and
35.26experience. The commission is authorized to elect a vice-chair and other officers as it
35.27deems necessary. The commission shall determine the duties of each officer.
35.28 (d) The commission chair shall convene meetings of the commission on a regular
35.29basis.
35.30 Subd. 3. Compensation. Compensation of legislative members is as provided in
35.31section 3.101. Compensation of the remaining members is as provided in section 15.0575.
35.32 Subd. 4. Staff. The commission may appoint and fix the compensation of such
35.33additional legal and other personnel and consultants or contract for services to supply
35.34necessary data as may be necessary to enable the commission to carry out its functions.
35.35 Subd. 5. Data from state agencies; availability. The commission may request
35.36information from any state officer or agency or political subdivision of the state in order to
36.1assist the commission in carrying out its duties and the state officer, agency, or subdivision
36.2must promptly furnish any data required, subject to applicable requirements or restrictions
36.3imposed by chapter 13 and section 15.17.
36.4 Subd. 6. Report. By January 15 of each year, the commission must submit a
36.5report that contains the commission's policy and appropriation recommendations to the
36.6legislature, the commissioner of health, and the commissioner of public safety.
36.7 Subd. 7. Repeal. This section is repealed June 30, 2011.
36.8EFFECTIVE DATE.This section is effective July 1, 2007.
36.9 Sec. 35. [13.595] GRANTS.
36.10 Subdivision 1. Definitions. For purposes of this section, the following terms have
36.11the meanings given them.
36.12 (a) "Completion of the evaluation process" means that the granting agency has
36.13completed negotiating the grant agreement with the selected grantee.
36.14 (b) "Grant agreement" means the document that details the responsibilities of the
36.15grantee and the granting agency and the value to be provided to the grantee.
36.16 (c) "Grantee" means a person that applies for or receives a grant.
36.17 (d) "Granting agency" means the government entity that provides the grant.
36.18 (e) "Opened" means the act that occurs once the deadline for submitting a response
36.19to a proposal to the granting agency has been reached.
36.20 (f) "Request for proposal" means the data outlining the responsibilities the granting
36.21agency wants the grantee to assume.
36.22 (g) "Response" means the data submitted by a grantee as required by a request for
36.23proposal.
36.24 Subd. 2. Request for applications. Data created by a granting agency to create a
36.25request for proposal is classified as nonpublic until the request for proposal is published.
36.26To the extent that a granting agency involves persons outside the granting agency to create
36.27the request for proposal, the data remain nonpublic in the hands of all persons who may
36.28not further disseminate any data that are created or reviewed as part of the request for
36.29proposal development. At publication, the data in the request for proposal is public.
36.30 Subd. 3. Responses to request for proposals. (a) Responses submitted by a grantee
36.31are private or nonpublic until the responses are opened. Once the responses are opened,
36.32the name and address of the grantee and the amount requested is public. All other data in a
36.33response is private or nonpublic data until completion of the evaluation process. After a
36.34granting agency has completed the evaluation process, all remaining data in the responses
36.35is public with the exception of trade secret data as defined and classified in section 13.37.
37.1A statement by a grantee that the response is copyrighted or otherwise protected does
37.2not prevent public access to the response.
37.3 (b) If all responses are rejected prior to completion of the evaluation process,
37.4all data, other than that made public at the opening, remain private or nonpublic
37.5until a resolicitation of proposals results in completion of the evaluation process or a
37.6determination is made to abandon the grant. If the rejection occurs after the completion of
37.7the evaluation process, the data remain public. If a resolicitation of proposals does not
37.8occur within one year of the grant opening date, the remaining data become public.
37.9 Subd. 4. Evaluation data. (a) Data created or maintained by a granting agency as
37.10part of the evaluation process referred to in this section are protected nonpublic data until
37.11completion of the evaluation process at which time the data are public with the exception
37.12of trade secret data as defined and classified in section 13.37.
37.13 (b) If a granting agency asks individuals outside the granting agency to assist with
37.14the evaluation of the responses, the granting agency may share not public data in the
37.15responses with those individuals. The individuals participating in the evaluation may not
37.16further disseminate the not public data they review.
37.17 Sec. 36. Minnesota Statutes 2006, section 13.605, subdivision 1, is amended to read:
37.18 Subdivision 1. Legislative and budget proposal data. (a) Definition. As used
37.19in this section, "state administration" means the governor's office, the Department of
37.20Finance, and any state agency that is under the direct control of the governor.
37.21 (b) Classifications. Legislative and budget proposals, including preliminary
37.22drafts, that are created, collected, or maintained by the state administration are protected
37.23nonpublic data. After until the budget is presented to the legislature by the state
37.24administration, supporting data, including agency requests, and are public data after the
37.25budget is presented to the legislature.Supporting data do not include preliminary drafts.
37.26The state administration may disclose any of the data within the state administration and
37.27to the public at any time if disclosure would aid the administration in considering and
37.28preparing its proposals.
37.29 Sec. 37. [15B.055] PARKING SPACES.
37.30 To provide the public with greater access to legislative proceedings, all parking
37.31spaces on Aurora Avenue in front of the Capitol building must be reserved for the public.
37.32 Sec. 38. Minnesota Statutes 2006, section 15B.17, subdivision 1, is amended to read:
38.1 Subdivision 1. Proposals. (a) Before a state agency or other public body develops,
38.2to submit to the legislature and the governor, a budget proposal or plans for capital
38.3improvements within the Capitol Area to submit to the legislature and the governor,
38.4it must consult with the board.
38.5 (b) The public body must provide enough money for the board's review and planning
38.6if the board decides its review and planning services are necessary. Money received by the
38.7board under this subdivision is deposited in the special revenue fund and appropriated in
38.8fiscal years 2008 and 2009 to the board.
38.9 Sec. 39. Minnesota Statutes 2006, section 16A.103, subdivision 1e, is amended to read:
38.10 Subd. 1e. Economic information. The commissioner must review economic
38.11information including economic forecasts with legislative fiscal staff no later than two
38.12weeks before the forecast is released. The commissioner must invite the chairs and lead
38.13minority members of the senateState Government Finance Committee and the house
38.14Ways and Means Committee, and legislative fiscal staff to attend any meetings held with
38.15outside economic advisors. The commissioner must provide legislative fiscal staff with
38.16monthly economic forecast information received from outside sources.
38.17 Sec. 40. [16A.104] BASE BUDGET DETAIL.
38.18 Within one week of the release of the budget forecasts required in section 16A.103
38.19in November of an even-numbered year and February of an odd-numbered year, the
38.20commissioner of finance must provide to the legislature information that illustrates how the
38.21base level budget for the next biennium is projected to be spent. In designing the report,
38.22the commissioner must consult with the chairs of the house of representatives and senate
38.23Finance Committees and the house of representatives Committee on Ways and Means.
38.24 Sec. 41. [16A.107] CASH FLOW FORECAST.
38.25 Within two weeks after the November forecast of state revenue and expenditures
38.26under section 16A.103, the commissioner shall deliver to the governor and the legislature
38.27a forecast of cash flow for the general fund, showing the expected maximum and minimum
38.28cash balance in the fund for each month of the forecast period.
38.29 Sec. 42. Minnesota Statutes 2006, section 16A.11, is amended by adding a subdivision
38.30to read:
38.31 Subd. 3d. Budget bills. The necessary bills to implement the governor's operating
38.32budget must be submitted to the legislature within two weeks after the operating budget
39.1was submitted. The necessary bills to implement the governor's capital budget must be
39.2submitted to the legislature within two weeks after the capital budget was submitted.
39.3 Sec. 43. [16A.117] CONTINUING APPROPRIATIONS.
39.4 If a major appropriation bill to fund a given state agency for the next biennium has
39.5not been passed in the same form by the house of representatives and senate and been
39.6presented to the governor before July 1 of an odd-numbered year, amounts sufficient to
39.7continue operation of that agency and the programs administered by that agency through
39.8July 31 of the fiscal year beginning in the same calendar year at the base level for that
39.9fiscal year, as determined according to section 16A.11, subdivision 3, and previous
39.10appropriation acts, are appropriated to the agency from the appropriate funds and accounts
39.11in the state treasury. The base level for an appropriation that was designated as onetime or
39.12was onetime in nature is zero. Determination of the amount appropriated may be made
39.13on a proration of the annual amount or another reasonable basis as determined by the
39.14commissioner of finance.
39.15 Sec. 44. Minnesota Statutes 2006, section 16A.1286, subdivision 2, is amended to read:
39.16 Subd. 2. Billing procedures. The commissioner may bill up to $7,520,000 in
39.17each fiscal year for statewide systems services provided to state agencies, judicial branch
39.18agencies, the University of Minnesota, the Minnesota State Colleges and Universities,
39.19and other entities.Billing must be based only on usage of services relating to statewide
39.20systems provided by the Intertechnologies Division. Each agency shall transfer from
39.21agency operating appropriations to the statewide systems account the amount billed by
39.22the commissioner. Billing policies and procedures related to statewide systems services
39.23must be developed by the commissioner in consultation with the commissioners of
39.24employee relations and administration, the University of Minnesota, and the Minnesota
39.25State Colleges and Universities.
39.26 Sec. 45. [16B.327] DEFINITIONS.
39.27 Subdivision 1. Application. For the purposes of section 16B.328, the definitions
39.28in this section have the meanings given.
39.29 Subd. 2. Energy conservation. "Energy conservation" means reducing energy use
39.30and includes: (1) using a light with lower wattage; and (2) using devices such as time
39.31controls, motion detectors, or on and off switches that limit unnecessary use of lighting.
39.32 Subd. 3. Cutoff luminaire. "Cutoff luminaire" means a luminaire in which 2.5
39.33percent or less of the lamp lumens are emitted above a horizontal plane through the
40.1luminaire's lowest part and ten percent or less of the lamp lumens are emitted at a vertical
40.2angle 80 degrees above the luminaire's lowest point.
40.3 Subd. 4. Light pollution. "Light pollution" means the shining of light produced by
40.4a luminaire above the height of the luminaire and into the sky.
40.5 Subd. 5. Lumen. "Lumen" means a unit of luminous flux. One footcandle is one
40.6lumen per square foot. For purposes of section 16B.328, the lumen-output values are
40.7the initial lumen output rating of the lamp.
40.8 Subd. 6. Luminaire "Luminaire" means a complete lighting unit consisting of a
40.9light source and all necessary mechanical, electrical, and decorative parts.
40.10 Subd. 7. Outdoor lighting fixture. "Outdoor lighting fixture" means any type of
40.11fixed or movable lighting equipment that is designed or used for illumination outdoors.
40.12The term includes billboard lighting, streetlights, searchlights, and other lighting used for
40.13advertising purposes and area lighting. The term does not include lighting equipment
40.14that is required by law to be installed on motor vehicles or lighting required for the safe
40.15operation of aircraft.
40.16 Sec. 46. [16B.328] STANDARDS FOR STATE FUNDED OUTDOOR LIGHTING
40.17FIXTURES; MODEL ORDINANCE.
40.18 Subdivision 1. Outdoor lighting fixtures. (a) An outdoor lighting fixture may be
40.19installed or replaced using state funds only if:
40.20 (1) the new or replacement outdoor lighting fixture is a cutoff luminaire if the rated
40.21output of the outdoor lighting fixture is greater than 1,800 lumens;
40.22 (2) the minimum illuminance adequate for the intended purpose is used with
40.23consideration given to nationally recognized standards;
40.24 (3) for lighting of a designated highway of the state highway system, the Department
40.25of Transportation determines that the purpose of the outdoor lighting fixture cannot be
40.26achieved by the installation of reflective road markers, lines, warning or informational
40.27signs, or other effective passive methods; and
40.28 (4) full consideration has been given to energy conservation and savings, reducing
40.29glare, minimizing light pollution, and preserving the natural night environment.
40.30 (b) Paragraph (a) does not apply if:
40.31 (1) a federal law, rule, or regulation preempts state law;
40.32 (2) the outdoor lighting fixture is used on a temporary basis because emergency
40.33personnel require additional illumination for emergency procedures;
40.34 (3) the outdoor lighting fixture is used on a temporary basis for nighttime work;
41.1 (4) special events or situations require additional illumination, provided that the
41.2illumination installed shields the outdoor lighting fixtures from direct view and minimizes
41.3upward lighting and light pollution;
41.4 (5) the outdoor lighting fixture is used solely to highlight the aesthetic aspects of
41.5a single object or distinctive building; or
41.6 (6) a compelling safety interest exists that cannot be addressed by another method.
41.7 (c) This subdivision does not apply to the operation and maintenance of lights or
41.8lighting systems purchased or installed, or for which design work is completed, before
41.9August 1, 2007.
41.10 (d) This section does not apply if a state agency or local unit of government
41.11determines that compliance with this section would:
41.12 (i) require an increased use of electricity;
41.13 (ii) increase the construction cost of a lighting system more than 15 percent over the
41.14construction cost of a lighting system that does not comply with this section;
41.15 (iii) increase the cost of operation and maintenance of the lighting system more than
41.16ten percent over the cost of operating and maintaining the existing lighting system over
41.17the life of the lighting system; or
41.18 (iv) result in a negative safety impact.
41.19 Subd. 2. Model ordinance. The commissioner of administration, in consultation
41.20with the commissioner of commerce, associations for local governments, and any other
41.21interested person, shall develop a model ordinance that can be adapted for use by cities,
41.22counties, and towns, governing outdoor lighting to reduce light pollution. The model
41.23ordinance must include provisions addressing elements similar to those in subdivision 1.
41.24In addition, the model ordinance must address:
41.25 (1) standards for lighting on private property, outdoor advertising, lighting on
41.26commercial, industrial, or institutional property, canopies covering fueling stations, and
41.27public streets, sidewalks, and alleys;
41.28 (2) how illumination levels should be measured;
41.29 (3) possible exemptions, such as for temporary emergency or hazard lighting;
41.30 (4) recommended elements for an exterior lighting plan for a development;
41.31 (5) treatment of nonconforming lighting;
41.32 (6) lighting standards that might apply in special subdistricts;
41.33 (7) light pole maximum heights; and
41.34 (8) light trespass.
41.35 Sec. 47. Minnesota Statutes 2006, section 16B.35, subdivision 1, is amended to read:
42.1 Subdivision 1. Percent of appropriations for art. An appropriation for the
42.2construction or alteration of any state building may contain an amount not to exceed
42.3the lesser of $100,000 or one percent of the total appropriation for the building for the
42.4acquisition of works of art, excluding landscaping, which may be an integral part of the
42.5building or its grounds, attached to the building or grounds or capable of being displayed
42.6in other state buildings.If the appropriation for works of art is limited by the $100,000
42.7cap in this section, the appropriation for the construction or alteration of the building must
42.8be reduced to reflect the reduced amount that will be spent on works of art. Money used
42.9for this purpose is available only for the acquisition of works of art to be exhibited in areas
42.10of a building or its grounds accessible, on a regular basis, to members of the public. No
42.11more than ten percent of the total amount available each fiscal year under this subdivision
42.12may be used for administrative expenses, either by the commissioner of administration or
42.13by any other entity to whom the commissioner delegates administrative authority. For the
42.14purposes of this section "state building" means a building the construction or alteration of
42.15which is paid for wholly or in part by the state.
42.16EFFECTIVE DATE.This section is effective July 1, 2007. The repeal of the
42.17$100,000 limit in this section applies to appropriations made before, on, or after that date.
42.18 Sec. 48. [16B.97] GRANTS MANAGEMENT.
42.19 Subdivision 1. Grant agreement. (a) A grant agreement is a written instrument
42.20or electronic document defining a legal relationship between a granting agency and a
42.21grantee when the principal purpose of the relationship is to transfer cash or something of
42.22value to the recipient to support a public purpose authorized by law instead of acquiring
42.23by professional/technical contract, purchase, lease, or barter property or services for the
42.24direct benefit or use of the granting agency.
42.25 (b) This section does not apply to capital project grants to political subdivisions as
42.26defined by section 16A.86.
42.27 Subd. 2. Grants governance. The commissioner shall provide leadership and
42.28direction for policy related to grants management in Minnesota in order to foster more
42.29consistent, streamlined interaction between executive agencies, funders, and grantees that
42.30will enhance access to grant opportunities and information and lead to greater program
42.31accountability and transparency. The commissioner has the duties and powers stated in this
42.32section. An executive agency must do what the commissioner requires under this section.
42.33 Subd. 3. Discretionary powers. The commissioner has the authority to:
42.34 (1) review grants management practices and propose policy and procedure
42.35improvements to the governor, legislature, executive agencies, and the federal government;
43.1 (2) sponsor, support, and facilitate innovative and collaborative grants management
43.2projects with public and private organizations;
43.3 (3) review, recommend, and implement alternative strategies for grants management;
43.4 (4) collect and disseminate information, issue reports relating to grants management,
43.5and sponsor and conduct conferences and studies; and
43.6 (5) participate in conferences and other appropriate activities related to grants
43.7management issues.
43.8 Subd. 4. Duties. (a) The commissioner shall:
43.9 (1) create general grants management policies and procedures that are applicable to
43.10all executive agencies. The commissioner may approve exceptions to these policies and
43.11procedures for particular grant programs. Exceptions shall expire or be renewed after five
43.12years. Executive agencies shall retain management of individual grants programs;
43.13 (2) provide a central point of contact concerning statewide grants management
43.14policies and procedures;
43.15 (3) serve as a resource to executive agencies in such areas as training, evaluation,
43.16collaboration, and best practices in grants management;
43.17 (4) ensure grants management needs are considered in the development, upgrade,
43.18and use of statewide administrative systems and leverage existing technology whereever
43.19possible;
43.20 (5) oversee and approve future professional and technical service contracts and
43.21other information technology spending related to executive agency grants management
43.22activities;
43.23 (6) provide a central point of contact for comments about executive agencies
43.24violating statewide grants governance policies and about fraud and waste in grants
43.25processes;
43.26 (7) forward received comments to the appropriate agency for further action, and
43.27may follow up as necessary; and
43.28 (8) provide a single listing of all available executive agency competitive grant
43.29opportunities and resulting grant recipients.
43.30 (b) The commissioner may determine that it is cost-effective for agencies to develop
43.31and use shared grants management technology systems. This system would be governed
43.32under section 16E.01, subdivision 3, paragraph (b).
43.33 (c) The duties assigned to the commissioner in this subdivision with respect to
43.34grants also apply to easements granted by executive agencies.
43.35 Sec. 49. [16B.98] GRANT AGREEMENTS.
44.1 Subdivision 1. Limitation. As a condition of receiving a grant from an appropriation
44.2of state funds, the recipient of the grant must agree to minimize administrative costs. The
44.3granting agency is responsible for negotiating appropriate limits to these costs so that the
44.4state derives the optimum benefit for grant funding.
44.5 Subd. 2. Ethical practices and conflict of interest. An employee of the executive
44.6branch involved directly or indirectly in grants processes, at any level, is subject to the
44.7code of ethics in section 43A.38.
44.8 Subd. 3. Conflict of interest. (a) The commissioner must develop policies
44.9regarding code of ethics and conflict of interest designed to prevent conflicts of interest
44.10for employees, committee members, or others involved in the recommendation, award,
44.11and administration of grants. The policies must apply to employees who are directly or
44.12indirectly in the grants process, which may include the following:
44.13 (1) developing request for proposals or evaluation criteria;
44.14 (2) drafting, recommending, awarding, amending, revising, or entering into grant
44.15agreements;
44.16 (3) evaluating or monitoring performance; or
44.17 (4) authorizing payments.
44.18 (b) The policies must include:
44.19 (1) a process to make all parties to the grant aware of policies and laws relating to
44.20conflict of interest, and training on how to avoid and address potential conflicts; and
44.21 (2) a process under which those who have a conflict of interest or a potential conflict
44.22of interest must disclose the matter.
44.23 (c) If the employee, appointing authority, or commissioner determines that a conflict
44.24of interest exists, the matter shall be assigned to another employee who does not have a
44.25conflict of interest. If it is not possible to assign the matter to an employee who does not
44.26have a conflict of interest, interested personnel shall be notified of the conflict and the
44.27employee may proceed with the assignment.
44.28 Subd. 4. Reporting of violations. A state employee who discovers evidence
44.29of violation of laws or rules governing grants is encouraged to report the violation or
44.30suspected violation to the employee's supervisor, the commissioner or the commissioner's
44.31designee, or the legislative auditor. The legislative auditor shall report to the Legislative
44.32Audit Commission if there are multiple complaints about the same agency. The auditor's
44.33report to the Legislative Audit Commission under this section must disclose only the
44.34number and type of violations alleged. An employee making a good faith report under this
44.35section has the protections provided for under section 181.932, prohibiting the employer
44.36from discriminating against the employee.
45.1 Subd. 5. Creation and validity of grant agreements. (a) A grant agreement is
45.2not valid and the state is not bound by the grant unless:
45.3 (1) the grant has been executed by the head of the agency or a delegate who is
45.4party to the grant; and
45.5 (2) the accounting system shows an encumbrance for the amount of the grant in
45.6accordance with policy approved by the commissioner.
45.7 (b) The combined grant agreement and amendments must not exceed five years
45.8without specific, written approval by the commissioner according to established policy,
45.9procedures, and standards, or unless the commissioner determines that a longer duration is
45.10in the best interest of the state.
45.11 (c) A fully executed copy of the grant agreement with all amendments and other
45.12required records relating to the grant must be kept on file at the granting agency for a time
45.13equal to that required of grantees in subdivision 8.
45.14 (d) Grant agreements must comply with policies established by the commissioner
45.15for minimum grant agreement standards and practices.
45.16 (e) The attorney general may periodically review and evaluate a sample of state
45.17agency grants to ensure compliance with applicable laws.
45.18 Subd. 6. Grant administration. A granting agency shall diligently administer
45.19and monitor any grant it has entered into.
45.20 Subd. 7. Grant payments. Payments to the grantee may not be issued until the
45.21grant agreement is fully executed.
45.22 Subd. 8. Audit. (a) A grant agreement made by an executive agency must include
45.23an expressed or implied audit clause that provides that the books, records, documents,
45.24and accounting procedures and practices of the grantee or other party that are relevant to
45.25the grant or transaction are subject to examination by the granting agency and either the
45.26legislative auditor or the state auditor, as appropriate, for a minimum of six years from the
45.27grant agreement end date, receipt and approval of all final reports, or the required period
45.28of time to satisfy all state and program retention requirements, whichever is later.
45.29 (b) If the granting agency is a local unit of government, and the governing body of
45.30the local unit of government requests that the state auditor examine the books, records,
45.31documents, and accounting procedures and practices of the grantee or other party
45.32according to this subdivision, the granting agency shall be liable for the cost of the
45.33examination. If the granting agency is a local unit of government, and the grantee or other
45.34party requests that the state auditor examine all books, records, documents, and accounting
45.35procedures and practices related to the grant, the grantee or other party that requested the
45.36examination shall be liable for the cost of the examination.
46.1 Subd. 9. Authority of attorney general. The attorney general may pursue
46.2remedies available by law to avoid the obligation of an agency to pay under a grant or to
46.3recover payments made if activities under the grant are so unsatisfactory, incomplete, or
46.4inconsistent that payment would involve unjust enrichment. The contrary opinion of the
46.5granting agency does not affect the power of the attorney general under this subdivision.
46.6 Subd. 10. Grants with Indian tribes and bands. Notwithstanding any other law,
46.7an agency may not require an Indian tribe or band to deny its sovereignty as a requirement
46.8or condition of a grant with an agency.
46.9 Sec. 50. Minnesota Statutes 2006, section 16C.02, is amended by adding a subdivision
46.10to read:
46.11 Subd. 3a. Best and final offer. "Best and final offer" means an optional step in
46.12the solicitation process in which responders are requested to improve their response by
46.13methods including, but not limited to, the reduction of cost, clarification or modification of
46.14the response, or the provision of additional information.
46.15 Sec. 51. Minnesota Statutes 2006, section 16C.02, subdivision 4, is amended to read:
46.16 Subd. 4. Best value. "Best value" describes a result intended in the acquisition of all
46.17goods and services. Price must be one of the evaluation criteria when acquiring goods
46.18and services. Other evaluation criteria may include, but are not limited to, environmental
46.19considerations, quality, and vendor performance. In achieving "best value" strategic
46.20sourcing tools, including but not limited to best and final offers, negotiations, contract
46.21consolidation, product standardization, and mandatory-use enterprise contracts shall be
46.22used at the commissioner's discretion.
46.23 Sec. 52. Minnesota Statutes 2006, section 16C.02, is amended by adding a subdivision
46.24to read:
46.25 Subd. 6a. Enterprise procurement. "Enterprise procurement" means the process
46.26undertaken by the commissioner to leverage economies of scale of multiple end users to
46.27achieve cost savings and other favorable terms in contracts for goods and services.
46.28 Sec. 53. Minnesota Statutes 2006, section 16C.02, subdivision 12, is amended to read:
46.29 Subd. 12. Request for proposal or RFP. "Request for proposal" or "RFP" means a
46.30solicitation in which it is not advantageous to set forth all the actual, detailed requirements
46.31at the time of solicitation and responses aresubject to negotiation negotiated to achieve
46.32best value for the state.
47.1 Sec. 54. Minnesota Statutes 2006, section 16C.02, subdivision 14, is amended to read:
47.2 Subd. 14. Response. "Response" means the offer received from a vendor in
47.3response to a solicitation. A response includes submissions commonly referred to as
47.4"offers," "bids," "quotes,"or "proposals.," "best and final offers," or "negotiated offers."
47.5 Sec. 55. Minnesota Statutes 2006, section 16C.02, is amended by adding a subdivision
47.6to read:
47.7 Subd. 20. Strategic sourcing. "Strategic sourcing" means methods used to
47.8analyze and reduce spending on goods and services, including but not limited to
47.9spend analysis, product standardization, contract consolidation, negotiations, multiple
47.10jurisdiction purchasing alliances, reverse and forward auctions, life-cycle costing, and
47.11other techniques.
47.12 Sec. 56. Minnesota Statutes 2006, section 16C.03, subdivision 2, is amended to read:
47.13 Subd. 2. Rulemaking authority. Subject to chapter 14, the commissioner may
47.14adopt rules, consistent with this chapter and chapter 16B, relating to the following topics:
47.15 (1) procurement process including solicitations and responses to solicitations, bid
47.16security, vendor errors, opening of responses, award of contracts, tied bids, and award
47.17protest process;
47.18 (2) contract performance and failure to perform;
47.19 (3) authority to debar or suspend vendors, and reinstatement of vendors;
47.20 (4) contract cancellation;
47.21 (5) procurement from rehabilitation facilities; and
47.22 (6) organizational conflicts of interest.
47.23 Sec. 57. Minnesota Statutes 2006, section 16C.03, subdivision 4, is amended to read:
47.24 Subd. 4. Contracting authority. The commissioner shall conduct all contracting by,
47.25for, and between agencies and perform all contract management and review functions for
47.26contracts, except those functions specifically delegated to be performed by the contracting
47.27agency, the attorney general, or otherwise provided for by law. The commissioner may
47.28require that agency staff participate in the development of enterprise procurements
47.29including the development of product standards, specifications and other requirements.
47.30 Sec. 58. Minnesota Statutes 2006, section 16C.03, subdivision 8, is amended to read:
47.31 Subd. 8. Policy and procedures. The commissioner is authorized to issue policies,
47.32procedures, and standards applicable to all acquisition activities by and for agencies.
48.1Consistent with the authority specified in this chapter, the commissioner shall develop
48.2and implement policies, procedures, and standards ensuring the optimal use of strategic
48.3sourcing techniques.
48.4 Sec. 59. Minnesota Statutes 2006, section 16C.03, subdivision 16, is amended to read:
48.5 Subd. 16. Delegation of duties. The commissioner may delegate duties imposed by
48.6this chapter to the head of an agency and to any subordinate of the agency head. Delegated
48.7duties shall be exercised in the name of the commissioner and under the commissioner's
48.8direct supervision and control. A delegation of duties may include, but is not limited to,
48.9allowing individuals within agencies to acquire goods, services, and utilities within dollar
48.10limitations and for designated types of acquisitions. Delegation of contract management
48.11and review functions must be filed with the secretary of state and may not, except with
48.12respect to delegations within the Department of Administration, exceed two years in
48.13duration. The commissioner may withdraw any delegation at the commissioner's sole
48.14discretion. The commissioner may require an agency head or subordinate to accept
48.15delegated responsibility to procure goods or services intended for the exclusive use of the
48.16agency receiving the delegation.
48.17 Sec. 60. [16C.046] WEB SITE WITH SEARCHABLE DATABASE ON STATE
48.18CONTRACTS AND GRANTS.
48.19 (a) The commissioner of administration must maintain a Web site with a searchable
48.20database providing the public with information on state contracts, including grant
48.21contracts. The database must include the following information for each state contract
48.22valued in excess of $25,000:
48.23 (1) the name and address of the entity receiving the contract;
48.24 (2) the name of the agency entering into the contract;
48.25 (3) whether the contract is:
48.26 (i) for goods;
48.27 (ii) for professional or technical services;
48.28 (iii) for services other than professional and technical services; or
48.29 (iv) a grant;
48.30 (4) a brief statement of the purpose of the contract or grant;
48.31 (5) the amount of the contract or grant and the fund from which this amount will be
48.32paid; and
48.33 (6) the dollar value of state contracts, other than grants, the entity has received in each
48.34fiscal year and the dollar value of state grants the entity has received in each fiscal year.
49.1 (b) Required information on a new contract or grant must be entered into the
49.2database within 30 days of the time the contract is entered into.
49.3 (c) For purposes of this section, a "grant" is a contract between a state agency and
49.4a recipient, the primary purpose of which is to transfer cash or a thing of value to the
49.5recipient to support a public purpose. Grant does not include payments to units of local
49.6government, payments to state employees, or payments made under laws providing for
49.7assistance to individuals.
49.8 (d) The database must include information on grants and contracts entered into
49.9beginning with fiscal year 2008 funds, and must retain that data for ten years.
49.10EFFECTIVE DATE.This section is effective January 1, 2008.
49.11 Sec. 61. Minnesota Statutes 2006, section 16C.05, subdivision 1, is amended to read:
49.12 Subdivision 1. Agency cooperation. Agencies shall fully cooperate with the
49.13commissioner in the management and review of state contracts and in the development
49.14and implementation of strategic sourcing techniques.
49.15 Sec. 62. Minnesota Statutes 2006, section 16C.05, subdivision 2, is amended to read:
49.16 Subd. 2. Creation and validity of contracts. (a) A contract is not valid and the state
49.17is not bound by it and no agency, without the prior written approval of the commissioner
49.18granted pursuant to subdivision 2a, may authorize work to begin on it unless:
49.19 (1) it has first been executed by the head of the agency or a delegate who is a party
49.20to the contract;
49.21 (2) it has been approved by the commissioner; and
49.22 (3) the accounting system shows an encumbrance for the amount of the contract
49.23liability, except as allowed by policy approved by the commissioner and commissioner of
49.24finance for routine, low-dollar procurements.
49.25 (b) The combined contract and amendments must not exceed five years without
49.26specific, written approval by the commissioner according to established policy, procedures,
49.27and standards, or unless otherwise provided for by law. The term of the original contract
49.28must not exceed two years unless the commissioner determines that a longer duration is
49.29in the best interest of the state.
49.30 (c) Grants, interagency agreements, purchase orders, work orders, and annual plans
49.31need not, in the discretion of the commissioner and attorney general, require the signature
49.32of the commissioner and/or the attorney general. A signature is not required for work
49.33orders and amendments to work orders related to Department of Transportation contracts.
50.1Bond purchase agreements by the Minnesota Public Facilities Authority do not require
50.2the approval of the commissioner.
50.3 (d) Amendments to contracts must entail tasks that are substantially similar to
50.4those in the original contract or involve tasks that are so closely related to the original
50.5contract that it would be impracticable for a different contractor to perform the work. The
50.6commissioner or an agency official to whom the commissioner has delegated contracting
50.7authority under section16C.03, subdivision 16 , must determine that an amendment would
50.8serve the interest of the state better than a new contract and would cost no more.
50.9 (e) A fully executed copy of every contract, amendments to the contract, and
50.10performance evaluations relating to the contract must be kept on file at the contracting
50.11agency for a time equal to that specified for contract vendors and other parties in
50.12subdivision 5.
50.13 (f) The attorney general must periodically review and evaluate a sample of state
50.14agency contracts to ensure compliance with laws.
50.15 Sec. 63. Minnesota Statutes 2006, section 16C.08, is amended by adding a subdivision
50.16to read:
50.17 Subd. 1a. Enterprise procurement. Notwithstanding section 15.061 or any
50.18other law, the commissioner shall, to the fullest extent practicable, conduct enterprise
50.19procurements that result in the establishment of professional or technical contracts for
50.20use by multiple state agencies. The commissioner is authorized to mandate use of any
50.21contract entered into as a result of an enterprise procurement process. Agencies shall fully
50.22cooperate in the development and use of contracts entered into under this section.
50.23 Sec. 64. Minnesota Statutes 2006, section 16C.08, subdivision 2, is amended to read:
50.24 Subd. 2. Duties of contracting agency. (a) Before an agency may seek approval of
50.25a professional or technical services contract valued in excess of $5,000, it must provide
50.26the following:
50.27 (1) a description of how the proposed contract or amendment is necessary and
50.28reasonable to advance the statutory mission of the agency;
50.29 (2) a description of the agency's plan to notify firms or individuals who may be
50.30available to perform the services called for in the solicitation;and
50.31 (3) a description of the performance measures or other tools that will be used to
50.32monitor and evaluate contract performance.; and
50.33 (4) an explanation detailing, if applicable, why this procurement is being pursued
50.34unilaterally by the agency and not as an enterprise procurement.
51.1 (b) In addition to paragraph (a), the agency must certify that:
51.2 (1) no current state employee is able and available to perform the services called
51.3for by the contract;
51.4 (2) the normal competitive bidding mechanisms will not provide for adequate
51.5performance of the services;
51.6 (3) reasonable efforts will be made to publicize the availability of the contract to
51.7the public;
51.8 (4) the agency will develop and implement a written plan providing for the
51.9assignment of specific agency personnel to manage the contract, including a monitoring
51.10and liaison function, the periodic review of interim reports or other indications of past
51.11performance, and the ultimate utilization of the final product of the services;
51.12 (5) the agency will not allow the contractor to begin work before the contract is fully
51.13executed unless an exception under section16C.05, subdivision 2a , has been granted by
51.14the commissioner and funds are fully encumbered;
51.15 (6) the contract will not establish an employment relationship between the state or
51.16the agency and any persons performing under the contract;and
51.17 (7) in the event the results of the contract work will be carried out or continued by
51.18state employees upon completion of the contract, the contractor is required to include
51.19state employees in development and training, to the extent necessary to ensure that after
51.20completion of the contract, state employees can perform any ongoing work related to
51.21the same function.; and
51.22 (8) the agency will not contract out its previously eliminated jobs for four years
51.23without first considering the same former employees who are on the seniority unit layoff
51.24list who meet the minimum qualifications determined by the agency.
51.25 (c) A contract establishes an employment relationship for purposes of paragraph (b),
51.26clause (6), if, under federal laws governing the distinction between an employee and an
51.27independent contractor, a person would be considered an employee.
51.28 Sec. 65. Minnesota Statutes 2006, section 16C.08, subdivision 4, is amended to read:
51.29 Subd. 4. Reports. (a) The commissioner shall submit to the governor, the chairs of
51.30the house Ways and Means and senate Finance Committees, and the Legislative Reference
51.31Library a yearly listing of all contracts for professional or technical services executed.
51.32The report must identify the contractor, contract amount, duration, and services to be
51.33provided. The commissioner shall also issue yearly reports summarizing the contract
51.34review activities of the department by fiscal year.
51.35 (b) The fiscal year report must be submitted by September 1 of each year and must:
52.1 (1) be sorted by agency and by contractor;
52.2 (2) show the aggregate value of contracts issued by each agency and issued to each
52.3contractor;
52.4 (3) distinguish between contracts that are being issued for the first time and contracts
52.5that are being extended;
52.6 (4) state the termination date of each contract;
52.7 (5) identify services by commodity code, including topics such as contracts for
52.8training, contracts for research and opinions, and contracts for computer systems; and
52.9 (6) identify which contracts were awarded without following the solicitation process
52.10in this chapter because it was determined that there was only a single source for the
52.11services.
52.12 (c) Within 30 days of final completion of a contract over $50,000 covered by this
52.13subdivision, the head of the agency entering into the contract must submit a one-page
52.14report to the commissioner who must submit a copy to the Legislative Reference Library.
52.15The report must:
52.16 (1) summarize the purpose of the contract, including why it was necessary to enter
52.17into a contract;
52.18 (2) state the amount spent on the contract;
52.19(3) be accompanied by the performance evaluation prepared according to subdivision
52.204a; and
52.21(4) (3) if the contract was awarded without following the solicitation process in this
52.22chapter because it was determined that there was only a single source for the services,
52.23explain why the agency determined there was only a single source for the services.; and
52.24 (4) include a written performance evaluation of the work done under the contract.
52.25The evaluation must include an appraisal of the contractor's timeliness, quality, cost, and
52.26overall performance in meeting the terms and objectives of the contract. Contractors may
52.27request copies of evaluations prepared under this subdivision and may respond in writing.
52.28Contractor responses must be maintained with the contract file.
52.29 Sec. 66. Minnesota Statutes 2006, section 16C.08, is amended by adding a subdivision
52.30to read:
52.31 Subd. 4b. Limitations on actions. No action may be maintained by a contractor
52.32against an employee or agency who discloses information about a current or former
52.33contractor under subdivision 4, unless the contractor demonstrates by clear and convincing
52.34evidence that:
52.35 (1) the information was false and defamatory;
53.1 (2) the employee or agency knew or should have known the information was false
53.2and acted with malicious intent to injure the current or former contractor; and
53.3 (3) the information was acted upon in a manner that caused harm to the current or
53.4former contractor.
53.5 Sec. 67. [16C.086] CALL-CENTER.
53.6 An agency may not enter into a contract for operation of a call-center, or a contract
53.7whose primary purpose is to provide similar services answering or responding to telephone
53.8calls on behalf of an agency without determining if the service can be provided by state
53.9employees, and the services must be provided at offices located in the United States. For
53.10purposes of this section, "agency" includes the Minnesota State Colleges and Universities.
53.11EFFECTIVE DATE.This section is effective the day following final enactment,
53.12and applies to a contract entered into or renewed or otherwise extended after that date.
53.13 Sec. 68. Minnesota Statutes 2006, section 16C.10, subdivision 7, is amended to read:
53.14 Subd. 7. Reverse auction. (a) For the purpose of this subdivision, "reverse auction"
53.15means a purchasing process in which vendors compete to provide goods orcomputer
53.16services at the lowest selling price in an open and interactive environment. Reverse
53.17auctions may not be utilized to procure engineering design services or architectural
53.18services or to establish building and construction contracts under sections 16C.26 to
53.1916C.29.
53.20 (b) The provisions of sections13.591, subdivision 3 , and
16C.06, subdivision 2 ,
53.21do not apply when the commissioner determines that a reverse auction is the appropriate
53.22purchasing process.
53.23 Sec. 69. Minnesota Statutes 2006, section 16C.16, subdivision 5, is amended to read:
53.24 Subd. 5. Designation of targeted groups. (a) The commissioner of administration
53.25shall periodically designate businesses that are majority owned and operated by women,
53.26persons with a substantial physical disability, or specific minorities as targeted group
53.27businesses within purchasing categories as determined by the commissioner. A group
53.28may be targeted within a purchasing category if the commissioner determines there is a
53.29statistical disparity between the percentage of purchasing from businesses owned by
53.30group members and the representation of businesses owned by group members among all
53.31businesses in the state in the purchasing category.
53.32 (b) In addition to designations under paragraph (a), an individual business may be
53.33included as a targeted group business if the commissioner determines that inclusion is
54.1necessary to remedy discrimination against the owner based on race, gender, or disability
54.2in attempting to operate a business that would provide goods or services to public agencies.
54.3 (c) In addition to the designations under paragraphs (a) and (b), the commissioner of
54.4administration shall designate businesses that are majority owned and operated by veterans
54.5who have served in federal active service as defined in section 190.05, subdivision 5c, in
54.6support of Operation Enduring Freedom or Operation Iraqi Freedom as targeted group
54.7businesses within purchasing categories as determined by the commissioner. "Veteran"
54.8has the meaning given in section 197.447, and also includes both currently serving and
54.9honorably discharged members of the national guard and other military reserves.
54.10(c) (d) The designations of purchasing categories and businesses under paragraphs
54.11(a)and, (b), and (c) are not rules for purposes of chapter 14, and are not subject to
54.12rulemaking procedures of that chapter.
54.13EFFECTIVE DATE.This section is effective July 1, 2007, and applies to
54.14procurement contract bid solicitations issued on and after that date.
54.15 Sec. 70. [16C.251] BEST AND FINAL OFFER.
54.16 A "best and final offer" solicitation process may not be used for building and
54.17construction contracts.
54.18 Sec. 71. [16E.22] LICENSING SYSTEM.
54.19 The state chief information officer may enter into a professional or technical services
54.20contract for information systems development in which the vendor finances all or part
54.21of the cost of system development. The state chief information officer may assess and
54.22accept a fee for business and occupational licenses for the purpose of developing and
54.23maintaining a licensing system. Before implementing a fee under this section, the director
54.24must submit the proposed fee to the Legislative Advisory Commission for its review. Fees
54.25under this section must be established under the rulemaking process in section 14.389.
54.26Section 16A.1283 does not apply to fees established under this section. Fee revenue
54.27received under this section is appropriated in fiscal years 2008 and 2009 to the Office of
54.28Enterprise Technology for purposes of developing and maintaining an electronic system
54.29for business and occupational licenses.
54.30 Sec. 72. Minnesota Statutes 2006, section 37.06, is amended to read:
54.3137.06 SECRETARY; LEGISLATIVE AUDITOR; DUTIES; REPORT.
55.1 The secretary shall keep a complete record of the proceedings of the annual meetings
55.2of the State Agricultural Society and all meetings of the board of managers and any
55.3committee of the board, keep all accounts of the society other than those kept by the
55.4treasurer of the society, and perform other duties as directed by the board of managers. On
55.5or before December 31 each year, the secretary shall report to the governor for the fiscal
55.6year ending October 31 all the proceedings of the society during the current year and its
55.7financial condition as appears from its books. This report must contain a full, detailed
55.8statement of all receipts and expenditures during the year.
55.9 The books and accounts of the society for the fiscal year must be examined and
55.10audited annually by the legislative auditor. The cost of the examination must be paid by the
55.11society to the state and credited to thegeneral fund appropriation for the legislative auditor.
55.12 A summary of this examination, certified by the legislative auditor, must be
55.13appended to the secretary's report, along with the legislative auditor's recommendations
55.14and the proceedings of the first annual meeting of the society held following the secretary's
55.15report, including addresses made at the meeting as directed by the board of managers. The
55.16summary, recommendations, and proceedings must be printed in the same manner as the
55.17reports of state officers. Copies of the report must be printed annually and distributed as
55.18follows: to each society or association entitled to membership in the society, to each
55.19newspaper in the state, and the remaining copies as directed by the board of managers.
55.20EFFECTIVE DATE.This section is effective the day following final enactment.
55.21 Sec. 73. Minnesota Statutes 2006, section 43A.02, is amended by adding a subdivision
55.22to read:
55.23 Subd. 18a. Domestic partner. "Domestic partner" means a person who has entered
55.24into a committed interdependent relationship with another adult, where the partners:
55.25 (1) are responsible for each other's basic common welfare;
55.26 (2) share a common residence and intend to do so indefinitely;
55.27 (3) are not related by blood or adoption to an extent that would prohibit marriage in
55.28this state; and
55.29 (4) are legally competent and qualified to enter into a contract.
55.30 For purposes of this subdivision, domestic partners may share a common residence,
55.31even if:
55.32 (1) they do not each have a legal right to possess the residence; or
55.33 (2) one or both domestic partners possess additional real property.
56.1 If one domestic partner temporarily leaves the common residence with the intention
56.2to return, the domestic partners continue to share a common residence for the purposes
56.3of this subdivision.
56.4 Sec. 74. Minnesota Statutes 2006, section 43A.24, subdivision 1, is amended to read:
56.5 Subdivision 1. General. Employees, including persons on layoff from a civil
56.6service position, and employees who are employed less than full time, shall be eligible
56.7for state paid life insurance and hospital, medical and dental benefits as provided in
56.8collective bargaining agreements or plans established pursuant to section43A.18 . If a
56.9collective bargaining agreement or plan provides state paid health insurance for spouses of
56.10employees, the insurance must be made available to domestic partners of state employees
56.11on the same terms and conditions.
56.12 Sec. 75. Minnesota Statutes 2006, section 43A.49, is amended to read:
56.1343A.49 VOLUNTARY UNPAID LEAVE OF ABSENCE.
56.14 (a) Appointing authorities in state government may allow each employee to take
56.15unpaid leaves of absence for up to 1,040 hoursbetween June 1, 2003, and June 30, 2005.
56.16The 1,040 hour limit replaces, and is not in addition to, limits set in prior laws in each
56.17two-year period beginning July 1 of each odd-numbered year. Each appointing authority
56.18approving such a leave shall allow the employee to continue accruing vacation and
56.19sick leave, be eligible for paid holidays and insurance benefits, accrue seniority, and, if
56.20payments are made under paragraph (b), accrue service credit and credited salary in the
56.21state retirement plans, as if the employee had actually been employed during the time of
56.22leave. An employee covered by the unclassified plan may voluntarily make the employee
56.23contributions to the unclassified plan during the leave of absence. If the employee makes
56.24these contributions, the appointing authority must make the employer contribution. If the
56.25leave of absence is for one full pay period or longer, any holiday pay shall be included in
56.26the first payroll warrant after return from the leave of absence. The appointing authority
56.27shall attempt to grant requests for the unpaid leaves of absence consistent with the need to
56.28continue efficient operation of the agency. However, each appointing authority shall retain
56.29discretion to grant or refuse to grant requests for leaves of absence and to schedule and
56.30cancel leaves, subject to the applicable provisions of collective bargaining agreements
56.31and compensation plans.
56.32 (b) To receive eligible service credit and credited salary in a defined benefit plan, the
56.33member shall pay an amount equal to the applicable employee contribution rates. If an
56.34employee pays the employee contribution for the period of the leave under this section,
57.1the appointing authority must pay the employer contribution. The appointing authority
57.2may, at its discretion, pay the employee contributions. Contributions must be made in a
57.3time and manner prescribed by the executive director of the Minnesota State Retirement
57.4Association System.
57.5 Sec. 76. [43A.50] CERTIFICATE OF PAY EQUITY COMPLIANCE.
57.6 Subdivision 1. Scope of application. For a contract for goods or services in excess
57.7of $100,000, a state department or agency may not accept a bid or proposal from a
57.8business having more than 40 full-time employees within the state on a single working
57.9day during the previous 12 months unless the commissioner has approved the business'
57.10plan to establish equitable compensation relationships for its employees and has issued the
57.11business a certificate of compliance. A certificate of compliance is valid for two years.
57.12 Subd. 2. Compliance; good faith effort. (a) The commissioner must approve a
57.13plan and issue a certificate of compliance under this section to a business if the business
57.14demonstrates that it is in compliance with equitable compensation relationship standards
57.15or is making a good faith effort to achieve compliance with those standards. The standards
57.16for determining equitable compensation relationships for a business under this section
57.17are the same as the standards in sections 471.991 to 471.997 and rules adopted under
57.18those sections.
57.19 (b) A business that is not in compliance with equitable compensation relationship
57.20standards is making a good faith effort to achieve compliance if the commissioner has
57.21approved:
57.22 (1) a plan for achieving compliance, including the business' proposed actions and
57.23response to the commissioner's recommendations; and
57.24 (2) a proposed date for achieving compliance and for submitting a revised report
57.25for the commissioner's review.
57.26 Subd. 3. Filing fee; account; appropriation. The commissioner shall collect
57.27a $75 fee for each certificate of compliance issued by the commissioner under this
57.28section. The proceeds of the fee must be deposited in a pay equity fee special revenue
57.29account. Money in the account is appropriated to the commissioner to fund the cost of
57.30administering this section.
57.31 Subd. 4. Revocation of certificate. A certificate of compliance may be suspended or
57.32revoked by the commissioner of administration if a holder of a certificate is not effectively
57.33implementing or making a good faith effort to implement its approved plan to establish
57.34equitable compensation relationships. If a contractor does not effectively implement its
58.1approved plan, or fails to make a good faith effort to do so, the commissioner of employee
58.2relations may refuse to approve subsequent plans submitted by that business.
58.3 Subd. 5. Revocation of contract. A contract awarded by a department or agency of
58.4the state may be terminated or abridged by the contracting department or agency because
58.5of suspension or revocation of a certificate. If a contract is awarded to a person who
58.6does not have a contract compliance certificate required, the commissioner may void
58.7the contract on behalf of the state.
58.8 Subd. 6. Technical assistance. If the commissioner of administration has
58.9suspended a contractor's certificate of compliance, the commissioner shall provide
58.10technical assistance that may enable the contractor to be recertified within 90 days after
58.11the contractor's certificate has been suspended.
58.12 Subd. 7. Access to data. Data submitted to the commissioner by a contractor
58.13or potential contractor for purposes of obtaining a certificate of compliance under this
58.14section are private data on individuals or nonpublic data with respect to persons other
58.15than department employees. The commissioner's decision to grant, not grant, revoke, or
58.16suspend a certificate of compliance is public data.
58.17EFFECTIVE DATE.This section is effective July 1, 2007, and applies to contracts
58.18for which a state department or agency issues solicitations on or after that date.
58.19 Sec. 77. Minnesota Statutes 2006, section 103D.355, is amended to read:
58.20103D.355 ANNUAL AUDIT.
58.21 Subdivision 1. Requirement. The managers must have an annual audit completed
58.22of the books and accounts of the watershed district. The annual audit may be made by
58.23a private certified public accountant or by the state auditor.The annual audit must be
58.24made by a certified public accountant or the state auditor at least once every five years, or
58.25when cumulative district revenues or expenditures exceed an amount established by the
58.26board in consultation with the state auditor.
58.27 Subd. 2. Audit by state auditor. (a)If the annual An audit is to be made by the
58.28state auditor, the audit must may be initiated by a petition of the resident owners of the
58.29watershed district or resolution of the managers of the watershed district. The petition
58.30must request an annual audit pursuant to the authority granted municipalities under
58.31sections6.54 and
6.55 . The state auditor may conduct such examinations of accounts and
58.32records as the state auditor may deem the public interest to demand.
58.33 (b) If the audit or examination is made by the state auditor, the watershed
58.34district receiving the examination must pay the state the total cost and expenses of the
59.1examination, including the salaries paid to the examiners while actually engaged in
59.2making the examination. The general fund must be credited with all collections made
59.3for examinations under this subdivision.
59.4 Subd. 3. Reports for state auditor. The managers must make and submit reports
59.5demanded by the state auditor.
59.6 Sec. 78. Minnesota Statutes 2006, section 161.1419, subdivision 8, is amended to read:
59.7 Subd. 8. Expiration. The commission expires on June 30,2007 2012.
59.8 Sec. 79. Minnesota Statutes 2006, section 181.9413, is amended to read:
59.9181.9413 SICKOR INJURED CHILD CARE LEAVE BENEFITS; USE TO
59.10CARE FOR CERTAIN RELATIVES.
59.11 (a) An employee may use personal sick leave benefits provided by the employer
59.12for absences due to an illness of or injury to the employee's child, spouse, sibling, parent,
59.13grandparent, stepparent, or domestic partner for such reasonable periods as the employee's
59.14attendance with the child may be necessary, on the same terms upon which the employee
59.15is able to use sick leave benefits for the employee's own illness or injury. This section
59.16applies only to personal sick leave benefits payable to the employee from the employer's
59.17general assets.
59.18 (b) For purposes of this section, "personal sick leave benefits" means time accrued
59.19and available to an employee to be used as a result of absence from work due to personal
59.20illness or injury, but does not include short-term or long-term disability or other salary
59.21continuation benefits.
59.22 (c) For purposes of this section, "domestic partner" means a person who has entered
59.23into a committed interdependent relationship with another adult, where the partners:
59.24 (1) are responsible for each other's basic common welfare;
59.25 (2) share a common residence and intend to do so indefinitely;
59.26 (3) are not related by blood or adoption to an extent that would prohibit marriage in
59.27this state; and
59.28 (4) are legally competent and qualified to enter into a contract.
59.29 For purposes of this section, domestic partners may share a common residence even
59.30if they do not have a legal right to possess the residence or one or both domestic partners
59.31possess additional real property.
59.32 If one domestic partner temporarily leaves the common residence with the intention
59.33to return, the domestic partners continue to share a common residence for the purposes
59.34of this section.
60.1EFFECTIVE DATE.This section is effective August 1, 2007, and applies to sick
60.2leave used on or after that date.
60.3 Sec. 80. Minnesota Statutes 2006, section 270C.03, subdivision 1, is amended to read:
60.4 Subdivision 1. Powers and duties. The commissioner shall have and exercise
60.5the following powers and duties:
60.6 (1) administer and enforce the assessment and collection of taxes;
60.7 (2) make determinations, corrections, and assessments with respect to taxes,
60.8including interest, additions to taxes, and assessable penalties;
60.9 (3) use statistical or other sampling techniques consistent with generally accepted
60.10auditing standards in examining returns or records and making assessments;
60.11 (4) investigate the tax laws of other states and countries, and formulate and submit
60.12to the legislature such legislation as the commissioner may deem expedient to prevent
60.13evasions of state revenue laws and to secure just and equal taxation and improvement in
60.14the system of state revenue laws;
60.15 (5) consult and confer with the governor upon the subject of taxation, the
60.16administration of the laws in regard thereto, and the progress of the work of the
60.17department, and furnish the governor, from time to time, such assistance and information
60.18as the governor may require relating to tax matters;
60.19 (6) execute and administer any agreement with the secretary of the treasury or the
60.20Bureau of Alcohol, Tobacco, Firearms, and Explosives in the Department of Justice of the
60.21United States or a representative of another state regarding the exchange of information
60.22and administration of the state revenue laws;
60.23 (7) require town, city, county, and other public officers to report information as to the
60.24collection of taxes received from licenses and other sources, and such other information
60.25as may be needful in the work of the commissioner, in such form as the commissioner
60.26may prescribe;
60.27 (8) authorize the use of unmarked motor vehicles to conduct seizures or criminal
60.28investigations pursuant to the commissioner's authority;and
60.29 (9) maintain toll-free telephone access for taxpayer assistance for calls from
60.30locations within the state; and
60.31 (10) exercise other powers and authority and perform other duties required of or
60.32imposed upon the commissioner by law.
60.33EFFECTIVE DATE.This section is effective January 1, 2008.
60.34 Sec. 81. [270C.21] TAXPAYER ASSISTANCE GRANTS.
61.1 When the commissioner awards grants to nonprofit organizations to coordinate,
61.2facilitate, encourage, and aid in the provision of taxpayer assistance services, the
61.3commissioner must provide public notice of the grants in a timely manner so that the
61.4grant process is completed and grants are awarded by October 1, in order for recipient
61.5organizations to adequately plan expenditures for the filing season. At the time the
61.6commissioner provides public notice, the commissioner must also notify nonprofit
61.7organizations that received grants in the previous biennium.
61.8EFFECTIVE DATE.This section is effective the day following final enactment.
61.9 Sec. 82. Minnesota Statutes 2006, section 302A.821, subdivision 4, is amended to read:
61.10 Subd. 4. Penalty; reinstatement. (a) A corporation that has failed to file a
61.11registration pursuant to the requirements of subdivision 2 must be dissolved by the
61.12secretary of state as described in paragraph (b).
61.13 (b) If the corporation has not filed the registrationfor two consecutive during
61.14any calendaryears year, the secretary of state must issue a certificate of administrative
61.15dissolution and the certificate must be filed in the Office of the Secretary of State.The
61.16secretary of state shall send notice to the corporation that the corporation has been
61.17dissolved and that the corporation may be reinstated by filing a registration and a $25 fee.
61.18The notice must be given by United States mail unless the company has indicated to the
61.19secretary of state that they are willing to receive notice by electronic notification, in which
61.20case the secretary of state may give notice by mail or the indicated means. The secretary
61.21of state shall annually inform the attorney general and the commissioner of revenue of
61.22the methods by which the names of corporations dissolved under this section during the
61.23preceding year may be determined. The secretary of state must also make available in
61.24an electronic format the names of the dissolved corporations. A corporation dissolved in
61.25this manner is not entitled to the benefits of section302A.781 . The liability, if any, of the
61.26shareholders of a corporation dissolved in this manner shall be determined and limited in
61.27accordance with section302A.557 , except that the shareholders shall have no liability to
61.28any director of the corporation under section302A.559, subdivision 2 .
61.29 (c) After administrative dissolution, filing a registration and the $25 fee with the
61.30secretary of state:
61.31 (1) returns the corporation to good standing as of the date of the dissolution;
61.32 (2) validates contracts or other acts within the authority of the articles, and the
61.33corporation is liable for those contracts or acts; and
61.34 (3) restores to the corporation all assets and rights of the corporation to the extent
61.35they were held by the corporation before the dissolution occurred, except to the extent that
62.1assets or rights were affected by acts occurring after the dissolution or sold or otherwise
62.2distributed after that time.
62.3EFFECTIVE DATE.This section is effective January 1, 2008.
62.4 Sec. 83. Minnesota Statutes 2006, section 308A.995, subdivision 4, is amended to read:
62.5 Subd. 4. Penalty; dissolution. (a) A cooperative that has failed to file a registration
62.6pursuant to the requirements of this section by December 31 of the calendar year for which
62.7the registration was required must be dissolved by the secretary of state as described in
62.8paragraph (b).
62.9 (b) If the cooperative has not filed the registration by December 31 of that calendar
62.10year, the secretary of state must issue a certificate of involuntary dissolution, and the
62.11certificate must be filed in the Office of the Secretary of State.The secretary of state must
62.12annually inform the attorney general and the commissioner of revenue of the methods by
62.13which the names of cooperatives dissolved under this section during the preceding year
62.14may be determined. The secretary of state must also make available in an electronic
62.15format the names of the dissolved cooperatives. A cooperative dissolved in this manner is
62.16not entitled to the benefits of section308A.981 .
62.17EFFECTIVE DATE.This section is effective January 1, 2008.
62.18 Sec. 84. Minnesota Statutes 2006, section 308B.121, subdivision 4, is amended to read:
62.19 Subd. 4. Penalty; dissolution. (a) A cooperative that has failed to file a registration
62.20under the requirements of this section must be dissolved by the secretary of state as
62.21described in paragraph (b).
62.22 (b) If the cooperative has not filed the registration by December 31 of that calendar
62.23year, the secretary of state must issue a certificate of involuntary dissolution and the
62.24certificate must be filed in the Office of the Secretary of State.The secretary of state must
62.25annually inform the attorney general and the commissioner of revenue of the methods by
62.26which the names of cooperatives dissolved under this section during the preceding year
62.27may be determined. The secretary of state must also make available in an electronic
62.28format the names of the dissolved cooperatives. A cooperative dissolved in this manner is
62.29not entitled to the benefits of section308B.971 .
62.30EFFECTIVE DATE.This section is effective January 1, 2008.
62.31 Sec. 85. Minnesota Statutes 2006, section 308B.215, subdivision 2, is amended to read:
63.1 Subd. 2. Filing. The original articles and a designation of the cooperative's
63.2registered office and agent, including a registration form under section
308B.121, shall
63.3be filed with the secretary of state. The fee for filing the articles with the secretary of
63.4state is $60.
63.5EFFECTIVE DATE.This section is effective August 1, 2007.
63.6 Sec. 86. [308B.903] NOTICE OF INTENT TO DISSOLVE.
63.7 Before a cooperative begins dissolution, a notice of intent to dissolve must be filed
63.8with the secretary of state. The notice must contain:
63.9 (1) the name of the cooperative;
63.10 (2) the date and place of the members' meeting at which the resolution was
63.11approved; and
63.12 (3) a statement that the requisite vote of the members approved the proposed
63.13dissolution.
63.14EFFECTIVE DATE.This section is effective August 1, 2007.
63.15 Sec. 87. Minnesota Statutes 2006, section 317A.823, subdivision 1, is amended to read:
63.16 Subdivision 1. Annual registration. (a) The secretary of state must send annually
63.17to each corporation at the registered office of the corporation a postcard notice announcing
63.18the need to file the annual registration and informing the corporation that the annual
63.19registration may be filed online and that paper filings may also be made, and informing
63.20the corporation that failing to file the annual registration will result in an administrative
63.21dissolution of the corporation.
63.22 (b)Except for corporations to which paragraph (d) applies, Each calendar year
63.23beginning in the calendar year following the calendar year in which a corporation
63.24incorporates, a corporation must file with the secretary of state by December 31 of each
63.25calendar year a registration containing the information listed in paragraph (c).
63.26 (c) The registration must include:
63.27 (1) the name of the corporation;
63.28 (2) the address of its registered office;
63.29 (3) the name of its registered agent, if any; and
63.30 (4) the name and business address of the officer or other person exercising the
63.31principal functions of president of the corporation.
63.32(d) The timely filing of an annual financial report and audit or an annual financial
63.33statement under section
69.051, subdivision 1 or 1a, by a volunteer firefighter relief
64.1association, as reflected in the notification by the state auditor under section
69.051,
64.2subdivision 1c
, constitutes presentation of the corporate registration. The secretary of state
64.3may reject the registration by the volunteer firefighter relief association. Rejection must
64.4occur if the information provided to the state auditor does not match the information
64.5in the records of the secretary of state. The volunteer firefighter relief association may
64.6amend the articles of incorporation as provided in sections
317A.131 to
317A.151 so
64.7that the information from the state auditor may be accepted for filing. The timely filing
64.8of an annual financial report and audit or an annual financial statement under section
64.969.051, subdivision 1 or 1a, does not relieve the volunteer firefighter relief association
64.10of the requirement to file amendments to the articles of incorporation directly with the
64.11secretary of state.
64.12EFFECTIVE DATE.This section is effective August 1, 2007.
64.13 Sec. 88. Minnesota Statutes 2006, section 321.0206, is amended to read:
64.14321.0206 DELIVERY TO AND FILING OF RECORDS BY SECRETARY OF
64.15STATE; EFFECTIVE TIME AND DATE.
64.16 (a) A record authorized or required to be delivered to the secretary of state for filing
64.17under this chapter must be captioned to describe the record's purpose, be in a medium
64.18permitted by the secretary of state, and be delivered to the secretary of state. Unless the
64.19secretary of state determines that a record does not comply with the filing requirements
64.20of this chapter, and if the appropriate filing fees have been paid, the secretary of state
64.21shall file the record and:
64.22 (1) for a statement of dissociation, send:
64.23 (A) a copy of the filed statement to the person which the statement indicates has
64.24dissociated as a general partner; and
64.25 (B) a copy of the filed statement to the limited partnership;
64.26 (2) for a statement of withdrawal, send:
64.27 (A) a copy of the filed statement to the person on whose behalf the record was
64.28filed; and
64.29 (B) if the statement refers to an existing limited partnership, a copy of the filed
64.30statement to the limited partnership; and
64.31 (3) for all other records, send a copy of the filed record to the person on whose
64.32behalf the record was filed.
64.33 (b) Upon request and payment of a fee, the secretary of state shall send to the
64.34requester a certified copy of the requested record.
65.1 (c) Except as otherwise provided in sections321.0116 and
321.0207 , a record
65.2delivered to the secretary of state for filing under this chapter may specify an effective
65.3time and a delayed effective date. Except as otherwise provided in this chapter, a record
65.4filed by the secretary of state is effective:
65.5 (1) if the record does not specify an effective time and does not specify a delayed
65.6effective date, on the date and at the time the record is filed as evidenced by the secretary
65.7of state's endorsement of the date and time on the record;
65.8 (2) if the record specifies an effective time but not a delayed effective date, on the
65.9date the record is filed at the time specified in the record;
65.10 (3) if the record specifies a delayed effective date but not an effective time, at 12:01
65.11a.m. on the earlier of:
65.12 (A) the specified date; or
65.13 (B) the 30th day after the record is filed; or
65.14 (4) if the record specifies an effective time and a delayed effective date, at the
65.15specified time on the earlier of:
65.16 (A) the specified date; or
65.17 (B) the 30th day after the record is filed.
65.18 (d) The appropriate fees for filings under this chapter are:
65.19 (1) for filing a certificate of limited partnership, $100;
65.20 (2) for filing an amended certificate of limited partnership, $50;
65.21 (3) for filing any other record, other than the annual report required by section
65.22321.0210, for which no fee must be charged, required or permitted to be delivered for
65.23filing, $35;
65.24 (4) for filing a certificate requesting authority to transact business in Minnesota as a
65.25foreign limited partnership, $85;
65.26 (5) for filing an application of reinstatement, $25;and
65.27 (6) for filing a name reservation for a foreign limited partnership name, $35; and
65.28 (7) for filing any other record, other than the annual report required by section
65.29321.0210, for which no fee must be charged, required or permitted to be delivered for
65.30filing on a foreign limited partnership authorized to transact business in Minnesota, $50.
65.31EFFECTIVE DATE.This section is effective July 1, 2007.
65.32 Sec. 89. [321.0909] NAME CHANGES FILED IN HOME STATE.
65.33 A foreign limited partnership shall notify the secretary of state of any changes to the
65.34partnership name filed with the state of formation by filing a certificate from the state of
65.35formation certifying to the change of name.
66.1EFFECTIVE DATE.This section is effective August 1, 2007.
66.2 Sec. 90. Minnesota Statutes 2006, section 336.1-110, is amended to read:
66.3336.1-110 UNIFORM COMMERCIAL CODE ACCOUNT.
66.4 The Uniform Commercial Code account is established as an account in the state
66.5treasury. Fees that are not expressly set by statute but are charged by the secretary of state
66.6to offset the costs of providing a service under this chapter must be deposited in the state
66.7treasury and credited to the Uniform Commercial Code account.
66.8 Fees that are not expressly set by statute but are charged by the secretary of state
66.9to offset the costs of providing information contained in the computerized records
66.10maintained by the secretary of state must be deposited in the state treasury and credited to
66.11the Uniform Commercial Code account.
66.12 Money in the Uniform Commercial Code account is continuously appropriated to the
66.13secretary of state to implement and maintain the central filing system under this chapter,
66.14to provide, improve, and expand other online or remote lien and business entity filing,
66.15retrieval, and payment method services provided by the secretary of state, and to provide
66.16electronic access to other computerized records maintained by the secretary of state.
66.17EFFECTIVE DATE.This section is effective August 1, 2007.
66.18 Sec. 91. Minnesota Statutes 2006, section 336.9-516, is amended to read:
66.19336.9-516 WHAT CONSTITUTES FILING; EFFECTIVENESS OF FILING.
66.20 (a) What constitutes filing. Except as otherwise provided in subsection (b),
66.21communication of a record to a filing office and tender of the filing fee or acceptance of
66.22the record by the filing office constitutes filing.
66.23 (b) Refusal to accept record; filing does not occur. Filing does not occur with
66.24respect to a record that a filing office refuses to accept because:
66.25 (1) the record is not communicated by a method or medium of communication
66.26authorized by the filing office. For purposes of filing office authorization, transmission of
66.27records using the Extensible Markup Language (XML) format is authorized by the filing
66.28office after the later of July 1, 2007, or the determination of the secretary of state that the
66.29central filing system is capable of receiving and processing these records;
66.30 (2) an amount equal to or greater than the applicable filing fee is not tendered;
66.31 (3) the filing office is unable to index the record because:
66.32 (A) in the case of an initial financing statement, the record does not provide a name
66.33for the debtor;
67.1 (B) in the case of an amendment or correction statement, the record:
67.2 (i) does not identify the initial financing statement as required by section336.9-512
67.3or336.9-518 , as applicable; or
67.4 (ii) identifies an initial financing statement whose effectiveness has lapsed under
67.5section336.9-515 ;
67.6 (C) in the case of an initial financing statement that provides the name of a debtor
67.7identified as an individual or an amendment that provides a name of a debtor identified as
67.8an individual which was not previously provided in the financing statement to which the
67.9record relates, the record does not identify the debtor's last name; or
67.10 (D) in the case of a record filed or recorded in the filing office described in section
67.11336.9-501(a)(1)
, the record does not provide a sufficient description of the real property
67.12to which it relates;
67.13 (4) in the case of an initial financing statement or an amendment that adds a secured
67.14party of record, the record does not provide a name and mailing address for the secured
67.15party of record;
67.16 (5) in the case of an initial financing statement or an amendment that provides a
67.17name of a debtor which was not previously provided in the financing statement to which
67.18the amendment relates, the record does not:
67.19 (A) provide a mailing address for the debtor;
67.20 (B) indicate whether the debtor is an individual or an organization; or
67.21 (C) if the financing statement indicates that the debtor is an organization, provide:
67.22 (i) a type of organization for the debtor;
67.23 (ii) a jurisdiction of organization for the debtor; or
67.24 (iii) an organizational identification number for the debtor or indicate that the debtor
67.25has none;
67.26 (6) in the case of an assignment reflected in an initial financing statement under
67.27section336.9-514(a) or an amendment filed under section
336.9-514(b) , the record does
67.28not provide a name and mailing address for the assignee; or
67.29 (7) in the case of a continuation statement, the record is not filed within the
67.30six-month period prescribed by section336.9-515(d) .
67.31 (c) Rules applicable to subsection (b). For purposes of subsection (b):
67.32 (1) a record does not provide information if the filing office is unable to read or
67.33decipher the information; and
67.34 (2) a record that does not indicate that it is an amendment or identify an initial
67.35financing statement to which it relates, as required by section336.9-512 ,
336.9-514 , or
67.36336.9-518
, is an initial financing statement.
68.1 (d) Refusal to accept record; record effective as filed record. A record that is
68.2communicated to the filing office with tender of the filing fee, but which the filing office
68.3refuses to accept for a reason other than one set forth in subsection (b), is effective as a
68.4filed record except as against a purchaser of the collateral which gives value in reasonable
68.5reliance upon the absence of the record from the files.
68.6EFFECTIVE DATE.This section is effective August 1, 2007.
68.7 Sec. 92. Minnesota Statutes 2006, section 336.9-525, is amended to read:
68.8336.9-525 FEES.
68.9 (a) Initial financing statement or other record: general rule. Except as otherwise
68.10provided in subsection (d), the fee for filing and indexing a record under this partdelivered
68.11on paper is $20 and for a record delivered by any electronic means is $15. $5 of the fee
68.12collected for each request delivered online must be deposited in the uniform commercial
68.13code account.
68.14 (b) Number of names. The number of names required to be indexed does not
68.15affect the amount of the fee in subsection (a).
68.16 (c) Response to information request. The fee for responding to a request for
68.17information from the filing office, including for issuing a certificate showing whether there
68.18is on file any financing statement naming a particular debtor,delivered on paper is $20
68.19and for a record delivered by any electronic means is $15. $5 of the fee collected for each
68.20request delivered online must be deposited in the uniform commercial code account.
68.21 (d) Record of mortgage. This section does not require a fee with respect to a record
68.22of a mortgage which is effective as a financing statement filed as a fixture filing or as a
68.23financing statement covering as-extracted collateral or timber to be cut under section
68.24336.9-502(c)
. However, the recording and satisfaction fees that otherwise would be
68.25applicable to the record of the mortgage apply.
68.26EFFECTIVE DATE.This section is effective July 1, 2007.
68.27 Sec. 93. [349A.021] LOTTERY OFFICES.
68.28 The State Lottery may not move its operations at its Mountain Iron location to a
68.29location outside the Quad-City area of Mountain Iron, Eveleth, Gilbert, and Virginia, and
68.30may not reduce the complement of staff employed at this office.
68.31EFFECTIVE DATE.This section is effective the day following final enactment.
69.1 Sec. 94. Minnesota Statutes 2006, section 356.219, subdivision 1, is amended to read:
69.2 Subdivision 1. Report required. (a) Except as indicated in subdivision 4, the State
69.3Board of Investment, on behalf of the public pension funds and programs for which it is
69.4the investment authority, and any Minnesota public pension plan that is not fully invested
69.5through the State Board of Investment, including a local police or firefighters relief
69.6association governed by sections69.77 or
69.771 to
69.775 , shall report the information
69.7specified in subdivision 3 to the state auditor. A report under this section must be filed
69.8electronically with the state auditor, unless the state auditor determines that it is not
69.9feasible for a particular plan or association to file electronically. The state auditor may
69.10prescribea form or forms for the purposes of the reporting requirements contained in the
69.11format for reports required by this section. The state auditor must attempt to provide
69.12access on the state auditor's Web site to reports filed under this section.
69.13 (b) A local police or firefighters relief association governed by section69.77 or
69.14sections69.771 to
69.775 is fully invested during a given calendar year for purposes of
69.15this section if all assets of the applicable pension plan beyond sufficient cash equivalent
69.16investments to cover six months expected expenses are invested under section11A.17 .
69.17The board of any fully invested public pension plan remains responsible for submitting
69.18investment policy statements and subsequent revisions as required by subdivision 3,
69.19paragraph (a).
69.20 (c) For purposes of this section, the State Board of Investment is considered to be
69.21the investment authority for any Minnesota public pension fund required to be invested by
69.22the State Board of Investment under section11A.23 , or for any Minnesota public pension
69.23fund authorized to invest in the supplemental investment fund under section11A.17 and
69.24which is fully invested by the State Board of Investment.
69.25 Sec. 95. Minnesota Statutes 2006, section 358.41, is amended to read:
69.26358.41 DEFINITIONS.
69.27 As used in sections358.41 to
358.49 :
69.28 (1) "Notarial act" means any act that a notary public of this state is authorized to
69.29perform, and includes taking an acknowledgment, administering an oath or affirmation,
69.30taking a verification upon oath or affirmation, witnessing or attesting a signature, certifying
69.31or attesting a copy, and noting a protest of a negotiable instrument. A notary public may
69.32perform a notarial act by electronic means.
69.33 (2) "Acknowledgment" means a declaration by a person that the person has executed
69.34an instrument or electronic record for the purposes stated therein and, if the instrument
69.35or electronic record is executed in a representative capacity, that the person signed
70.1the instrument with proper authority and executed it as the act of the person or entity
70.2represented and identified therein.
70.3 (3) "Verification upon oath or affirmation" means a declaration that a statement is
70.4true made by a person upon oath or affirmation.
70.5 (4) "In a representative capacity" means:
70.6 (i) for and on behalf of a corporation, partnership, limited liability company, trust, or
70.7other entity, as an authorized officer, agent, partner, trustee, or other representative;
70.8 (ii) as a public officer, personal representative, guardian, or other representative,
70.9in the capacity recited in the instrument;
70.10 (iii) as an attorney in fact for a principal; or
70.11 (iv) in any other capacity as an authorized representative of another.
70.12 (5) "Notarial officer" means a notary public or other officer authorized to perform
70.13notarial acts.
70.14 (6) "Electronic signature" means an electronic sound, symbol, or process attached
70.15to or logically associated with a record and executed or adopted by a person with the
70.16intent to sign the record.
70.17 (7) "Electronic record" means a record created, generated, sent, communicated,
70.18received, or stored by electronic means.
70.19EFFECTIVE DATE.This section is effective August 1, 2007.
70.20 Sec. 96. Minnesota Statutes 2006, section 358.42, is amended to read:
70.21358.42 NOTARIAL ACTS.
70.22 (a) In taking an acknowledgment, the notarial officer must determine, either from
70.23personal knowledge or from satisfactory evidence, that the person appearing before the
70.24officer and making the acknowledgment is the person whose true signature is on the
70.25instrument or electronic record.
70.26 (b) In taking a verification upon oath or affirmation, the notarial officer must
70.27determine, either from personal knowledge or from satisfactory evidence, that the person
70.28appearing before the officer and making the verification is the person whose true signature
70.29is made in the presence of the officer on the statement verified.
70.30 (c) In witnessing or attesting a signature the notarial officer must determine, either
70.31from personal knowledge or from satisfactory evidence, that the signature is that of the
70.32person appearing before the officer and named therein. When witnessing or attesting a
70.33signature, the officer must be present when the signature is made.
71.1 (d) In certifying or attesting a copy of a document, electronic record, or other item,
71.2the notarial officer must determine that the proffered copy is a full, true, and accurate
71.3transcription or reproduction of that which was copied.
71.4 (e) In making or noting a protest of a negotiable instrument or electronic record the
71.5notarial officer must determine the matters set forth in section336.3-505 .
71.6 (f) A notarial officer has satisfactory evidence that a person is the person whose true
71.7signature is on a document or electronic record if that person (i) is personally known to
71.8the notarial officer, (ii) is identified upon the oath or affirmation of a credible witness
71.9personally known to the notarial officer, or (iii) is identified on the basis of identification
71.10documents.
71.11EFFECTIVE DATE.This section is effective August 1, 2007.
71.12 Sec. 97. Minnesota Statutes 2006, section 358.50, is amended to read:
71.13358.50 EFFECT OF ACKNOWLEDGMENT.
71.14 An acknowledgment made in a representative capacity for and on behalf of a
71.15corporation, partnership, limited liability company, trust, or other entity and certified
71.16substantially in the form prescribed in this chapter is prima facie evidence that the
71.17instrument or electronic record was executed and delivered with proper authority.
71.18EFFECTIVE DATE.This section is effective August 1, 2007.
71.19 Sec. 98. Minnesota Statutes 2006, section 359.085, subdivision 2, is amended to read:
71.20 Subd. 2. Verifications. In taking a verification upon oath or affirmation, the notarial
71.21officer must determine, either from personal knowledge or from satisfactory evidence, that
71.22the person appearing before the officer and making the verification is the person whose
71.23true signature is made in the presence of the officer on the statement verified.
71.24EFFECTIVE DATE.This section is effective August 1, 2007.
71.25 Sec. 99. Minnesota Statutes 2006, section 359.085, subdivision 3, is amended to read:
71.26 Subd. 3. Witnessing or attesting signatures. In witnessing or attesting a signature,
71.27the notarial officer must determine, either from personal knowledge or from satisfactory
71.28evidence, that the signature is that of the person appearing before the officer and named in
71.29the document or electronic record. When witnessing or attesting a signature, the officer
71.30must be present when the signature is made.
71.31EFFECTIVE DATE.This section is effective August 1, 2007.
72.1 Sec. 100. Minnesota Statutes 2006, section 471.61, subdivision 1a, is amended to read:
72.2 Subd. 1a. Dependents. Notwithstanding the provisions of Minnesota Statutes 1969,
72.3section471.61 , as amended by Laws 1971, chapter 451, section 1, the word "dependents"
72.4as used therein shall mean spouse and minor unmarried children under the age of 18 years
72.5and dependent students under the age of 25 years actually dependent upon the employee,
72.6and others as defined by governmental units at their discretion.
72.7 Sec. 101. [471.6175] TRUST FOR POSTEMPLOYMENT BENEFITS.
72.8 Subdivision 1. Authorization; establishment. A political subdivision or other
72.9public entity that creates or has created an actuarial liability to pay postemployment
72.10benefits to employees or officers after their termination of service may establish a trust to
72.11pay those benefits. For purposes of this section, the term "postemployment benefits" means
72.12benefits giving rise to a liability under Statement No. 45 of the Governmental Accounting
72.13Standards Board and the term "trust" means a trust, a trust account, or a custodial account
72.14or contract authorized under section 401(f) of the Internal Revenue Code.
72.15 Subd. 2. Purpose of trust. The trust established under this section may only be
72.16used to pay postemployment benefits and may be either revocable or irrevocable.
72.17 Subd. 3. Trust administrator. The trust administrator of a trust established under
72.18this section shall be either:
72.19 (1) the Public Employees Retirement Association;
72.20 (2) a bank or banking association incorporated under the laws of the United States or
72.21of any state and authorized by the laws under which it is organized to exercise corporate
72.22trust powers; or
72.23 (3) an insurance company or agency qualified to do business in Minnesota which has
72.24at least five years experience in investment products and services for group retirement
72.25benefits and which has a specialized department dedicated to services for retirement
72.26investment products.
72.27 A political subdivision or public entity may, in its discretion and in compliance
72.28with any applicable trust document, change trust administrators and transfer trust assets
72.29accordingly.
72.30 Subd. 4. Account maintenance. A political subdivision or other public entity may
72.31establish a trust account to be held under the supervision of the trust administrator for the
72.32purposes of this section. A trust administrator shall establish a separate account for each
72.33participating political subdivision or public entity. The trust administrator may charge
72.34participating political subdivisions and public entities fees for reasonable administrative
72.35costs. The amount of any fees charged by the Public Employees Retirement Association
73.1is appropriated to the association from the account. A trust administrator may establish
73.2other reasonable terms and conditions for creation and maintenance of these accounts.
73.3The trust administrator must report electronically to the state auditor the portfolio and
73.4performance information specified in section 356.219, subdivision 3, in the manner
73.5prescribed by the state auditor.
73.6 Subd. 5. Investment. (a) The assets of a trust or trust account shall be invested and
73.7held as stipulated in paragraphs (b) to (e).
73.8 (b) The Public Employees Retirement Association must certify all money in the trust
73.9accounts for which it is trust administrator to the State Board of Investment for investment
73.10under section 11A.14, subject to the policies and procedures established by the State
73.11Board of Investment. Investment earnings must be credited to the trust account of the
73.12individual political subdivision or public entity.
73.13 (c) A trust administrator, other than the Public Employees Retirement Association,
73.14must ensure that all money in the trust accounts for which it is trust administrator is
73.15invested by a registered investment adviser, a bank investment trust department, or an
73.16insurance company or agency retirement investment department. Investment earnings
73.17must be credited to the trust account of the individual political subdivision or public entity.
73.18 (d) For trust assets invested by the State Board of Investment, the investment
73.19restrictions shall be the same as those generally applicable to the State Board of
73.20Investment. For trust assets invested by a trust administrator other than the Public
73.21Employees Retirement Association, the assets may only be invested in investments
73.22authorized under chapter 118A or section 356A.06, subdivision 7, in the manner specified
73.23in the applicable trust document.
73.24 (e) A political subdivision or public entity may provide investment direction to a
73.25trust administrator in compliance with any applicable trust document.
73.26 Subd. 6. Limit on deposit. A political subdivision or public entity may not
73.27deposit money in a trust or trust account created pursuant to this section if the total
73.28amount invested by that political subdivision or public entity would exceed the political
73.29subdivision's or public entity's actuarially determined liabilities for postemployment
73.30benefits due to officers and employees, as determined under the applicable standards of the
73.31Governmental Accounting Standards Board.
73.32 Subd. 7. Withdrawal of funds and termination of account. (a) For a revocable
73.33account, a political subdivision or public entity may withdraw some or all of its money
73.34or terminate the trust account for any reason. Money and accrued investment earnings
73.35withdrawn from a revocable account must be deposited in a fund separate and distinct from
73.36any other funds of the political subdivision or public entity. This money, with accrued
74.1investment earnings, must be used to pay legally enforceable postemployment benefits
74.2to former officers and employees, unless (i) there has been a change in state or federal
74.3law affecting that political subdivision's or public entity's liabilities for postemployment
74.4benefits, or (ii) there has been a change in the demographic composition of that political
74.5subdivision's or public entity's employees eligible for postemployment benefits, or (iii)
74.6there has been a change in the provisions or terms of the postemployment benefits in that
74.7political subdivision or public entity including, but not limited to, the portion of the costs
74.8eligible employees must pay to receive the benefits, or (iv) other factors exist that have
74.9a material effect on that political subdivision's or public entity's actuarially determined
74.10liabilities for postemployment benefits, in which event any amount in excess of 100
74.11percent of that political subdivision's or public entity's actuarially determined liabilities for
74.12postemployment benefits, as determined under standards of the Government Accounting
74.13Standards Board, may be withdrawn and used for any purpose.
74.14 (b) For an irrevocable account, a political subdivision or public entity may withdraw
74.15money only:
74.16 (1) as needed to pay postemployment benefits owed to former officers and employees
74.17of the political subdivision or public entity; or
74.18 (2) when all postemployment benefit liability owed to former officers or employees
74.19of the political subdivision or public entity has been satisfied or otherwise defeased.
74.20 (c) A political subdivision or public entity requesting withdrawal of money from
74.21an account created under this section must do so at a time and in the manner required by
74.22the executive director of the Public Employees Retirement Association or specified in an
74.23applicable trust document. The political subdivision or public entity that created the trust
74.24must ensure that withdrawals comply with the requirements of this section.
74.25 (d) The legislature may not divert funds in these trusts or trust accounts for use for
74.26any other purpose.
74.27 Subd. 8. Status of irrevocable trust. (a) All money in an irrevocable trust or
74.28trust account created in this section is held in trust for the exclusive benefit of former
74.29officers and employees of the participating political subdivision or public entity, and are
74.30not subject to claims by creditors of the state, the participating political subdivision or
74.31public entity, the current or former officers and employees of the political subdivision
74.32or public entity, or the trust administrator.
74.33 (b) An irrevocable trust fund or trust account created in this section shall be deemed
74.34an arrangement equivalent to a trust for all legal purposes.
74.35EFFECTIVE DATE.This section is effective the day following final enactment,
74.36and is applicable immediately to all political subdivisions or public entities subject to
75.1Statement No. 45 of the Governmental Accounting Standards Board in 2007, to those
75.2political subdivisions or public entities whose trusts or trust accounts are validated
75.3by section 109, and to those political subdivisions or public entities that have begun
75.4consideration of measures to implement Statement No. 45 in 2007. This section is
75.5applicable on July 1, 2008, for all other political subdivisions or public entities.
75.6 Sec. 102. Minnesota Statutes 2006, section 473.246, is amended to read:
75.7473.246 COUNCIL'S SUBMISSIONS TOLEGISLATIVE COMMISSION
75.8LEGISLATURE.
75.9 The Metropolitan Council shall submit to theLegislative Commission on
75.10Metropolitan Government chairs of the legislative committees with jurisdiction over
75.11metropolitan affairs information on the council's tax rates and dollar amounts levied for
75.12the current year, proposed property tax rates and levies, operating and capital budgets,
75.13work program, capital improvement program, and any other information requested by the
75.14commission, for review by the legislative commission, as provided in section
3.8841
75.15relevant committees.
75.16EFFECTIVE DATE.This section is effective the day following final enactment.
75.17 Sec. 103. Minnesota Statutes 2006, section 477A.014, subdivision 4, is amended to
75.18read:
75.19 Subd. 4. Costs. The director of the Office of Strategic and Long-Range Planning
75.20shall annually bill the commissioner of revenue for one-half of the costs incurred by the
75.21state demographer in the preparation of materials required by section4A.02 . The state
75.22auditor shall bill the commissioner of revenue for the costs of best practices reviews
75.23and the services provided by the Government Information Division and the parts of the
75.24constitutional office that are related to the government information function, and for
75.25the services provided by the Tax Increment Financing Investment and Finance Division
75.26required by section 469.3201, not to exceed$217,000 $614,000 each fiscal year. The
75.27commissioner of administration shall bill the commissioner of revenue for the costs of
75.28the local government records program and the intergovernmental information systems
75.29activity, not to exceed $205,800 each fiscal year. The commissioner of employee relations
75.30shall bill the commissioner of revenue for the costs of administering the local government
75.31pay equity function, not to exceed $55,000 each fiscal year.
75.32 Sec. 104. Minnesota Statutes 2006, section 491A.02, subdivision 4, is amended to read:
76.1 Subd. 4. Representation. (a) A corporation, partnership, limited liability company,
76.2sole proprietorship, or association may be represented in conciliation court by an officer,
76.3manager, or partner or an agent in the case of a condominium, cooperative, or townhouse
76.4association, or may appoint a natural person who is an employee or commercial property
76.5manager to appear on its behalf or settle a claim in conciliation court. The state or a
76.6political subdivision of the state may be represented in conciliation court by an employee
76.7of the pertinent governmental unit without a written authorization. The state also may be
76.8represented in conciliation court by an employee of the Division of Risk Management of
76.9the Department of Administration without a written authorization. Representation under
76.10this subdivision does not constitute the practice of law for purposes of section481.02,
76.11subdivision 8 . In the case of an officer, employee, commercial property manager, or
76.12agent of a condominium, cooperative, or townhouse association, an authorized power
76.13of attorney, corporate authorization resolution, corporate bylaw, or other evidence of
76.14authority acceptable to the court must be filed with the claim or presented at the hearing.
76.15This subdivision also applies to appearances in district court by a corporation or limited
76.16liability company with five or fewer shareholders or members and to any condominium,
76.17cooperative, or townhouse association, if the action was removed from conciliation court.
76.18 (b) "Commercial property manager" means a corporation, partnership, or limited
76.19liability company or its employees who are hired by the owner of commercial real
76.20estate to perform a broad range of administrative duties at the property including tenant
76.21relations matters, leasing, repairs, maintenance, the negotiation and resolution of tenant
76.22disputes, and related matters. In order to appear in conciliation court, a property manager's
76.23employees must possess a real estate license under section82.20 and be authorized by the
76.24owner of the property to settle all disputes with tenants and others within the jurisdictional
76.25limits of conciliation court.
76.26 (c) A commercial property manager who is appointed to settle a claim in conciliation
76.27court may not charge or collect a separate fee for services rendered under paragraph (a).
76.28 Sec. 105. Minnesota Statutes 2006, section 507.24, subdivision 2, is amended to read:
76.29 Subd. 2. Original signatures required. (a) Unless otherwise provided by law, an
76.30instrument affecting real estate that is to be recorded as provided in this section or other
76.31applicable law must contain the original signatures of the parties who execute it and of the
76.32notary public or other officer taking an acknowledgment. However, a financing statement
76.33that is recorded as a filing pursuant to section336.9-502(b) need not contain: (1) the
76.34signatures of the debtor or the secured party; or (2) an acknowledgment.
77.1 (b)(1) Any electronic instruments, including signatures and seals, affecting real
77.2estate may only be recorded as part of a pilot project for the electronic filing of real
77.3estate documents implemented by the task force created in Laws 2000, chapter 391, or
77.4by the Electronic Real Estate Recording Task Force created under section507.094 . The
77.5Electronic Real Estate Recording Task Force created under section 507.094 may amend
77.6standards set by the task force created in Laws 2000, chapter 391, and may set new or
77.7additional standards and establish pilot projects to the full extent permitted in section
77.8507.094, subdivision 2, paragraph (b). Documents recorded in conformity with those
77.9standards and in those pilot projects are deemed to meet the requirements of this section.
77.10 (2)(i) A county that participated in the pilot project for the electronic filing of real
77.11estate documents under the task force created in Laws 2000, chapter 391, may continue to
77.12record or file documents electronically, if:
77.13(1) (A) the county complies with standards adopted by the task force; and
77.14(2) (B) the county uses software that was validated by the task force.
77.15 (ii) A county that did not participate in the pilot project may record or file a real
77.16estate document electronically, if:
77.17(i) (A) the document to be recorded or filed is of a type included in the pilot project
77.18for the electronic filing of real estate documents under the task force created in Laws
77.192000, chapter 391;
77.20(ii) (B) the county complies with the standards adopted by the task force;
77.21(iii) (C) the county uses software that was validated by the task force; and
77.22(iv) (D) the task force created under section
507.094 , votes to accept a written
77.23certification of compliance with paragraph (b), clause (2), of this section by the county
77.24board and county recorder of the county to implement electronic filing under this section.
77.25 (c) Notices filed pursuant to section168A.141, subdivisions 1 and 3 , need not
77.26contain an acknowledgment.
77.27 Sec. 106. Laws 2006, chapter 253, section 22, subdivision 1, is amended to read:
77.28 Subdivision 1. Genetic information; work group. (a) The commissioner must
77.29create a work group to develop principles for public policy on the use of genetic
77.30information. The work group must include representatives of state government, including
77.31the judicial branch, local government, prosecutors, public defenders, the American Civil
77.32Liberties Union - Minnesota, the Citizens Council on Health Care, the University of
77.33Minnesota Center on Bioethics, the Minnesota Medical Association, the Mayo Clinic
77.34and Foundation, the March of Dimes, and representatives of employers, researchers,
77.35epidemiologists, laboratories, and insurance companies.
78.1 (b) The commissioner of administration and the work group must conduct reviews
78.2of the topics in paragraphs (c) to (f), in light of the issues raised in the report on treatment
78.3of genetic information under state law required by Laws 2005, chapter 163, section 87.
78.4The commissioner must report the results, including any recommendations for legislative
78.5changes, to the chairs of the house Civil Law Committee and the senate Judiciary
78.6Committee and the ranking minority members of those committees by January 15,2008
78.72009.
78.8 (c) The commissioner and the work group must determine whether changes are
78.9needed in Minnesota Statutes, section144.69 , dealing with collection of information
78.10from cancer patients and their relatives.
78.11 (d) The commissioner and the work group must make recommendations whether
78.12all relatives affected by a formal three-generation pedigree created by the Department of
78.13Health should be able to access the entire data set, rather than only allowing individuals
78.14access to the data of which they are the subject.
78.15 (e) The commissioner and the work group must identify, and may make
78.16recommendations among, options for resolving questions of secondary uses of genetic
78.17information.
78.18 (f) The commissioner and the work group must make recommendations whether
78.19legislative changes are needed regarding access to DNA test results and the specimens
78.20used to create the test results held by the Bureau of Criminal Apprehension as part of
78.21a criminal investigation.
78.22 Sec. 107. Laws 2006, chapter 282, article 14, section 5, is amended to read:
78.25From the workers' compensation fund for
78.26costs associated with the relocation of
78.27offices to St. Paul. The commissioner
78.28of administration shall take all steps as
78.29necessary to complete the renovation of
78.30the Stassen Building for these purposes by
78.31January 1, 2008. Minnesota Statutes, section
78.3216B.33, subdivision 3
, does not apply if
78.33the estimated cost of construction exceeds
78.34$2,000,000. This is a onetime appropriation.
78.35This appropriation is available until spent.
79.1Beginning in fiscal year 2009 and for all
79.2fiscal years thereafter, the appropriation base
79.3for the workers' compensation fund for the
79.4Office of Administrative Hearings is reduced
79.5by $297,000 to reflect savings in rent costs
79.6due to the relocation of offices to St. Paul.
79.7 Sec. 108. FORD BUILDING.
79.8 The Ford Building at 117 University Avenue in St. Paul may not be demolished
79.9during the biennium ending June 30, 2009.
79.10 Sec. 109. TASK FORCE.
79.11 Subdivision 1. Creation. A task force is created to work with the Commissioner of
79.12Administration on a disparity study. The task force consists of one member appointed by
79.13and serving at the pleasure of each of the following groups:
79.14 (1) the Council on Asian-Pacific Minnesotans;
79.15 (2) the Council on Black Minnesotans;
79.16 (3) the Council on Affairs of Chicano/Latino people;
79.17 (4) the Indian Affairs Council;
79.18 (5) the Association of Women Contractors; and
79.19 (6) the National Association of Minority Contractors.
79.20 Subd. 2. Consultation and approval. (a) The commissioner must consult with
79.21the task force on the design of the disparity study, the nature of the services sought in a
79.22request for proposals for the study, the criteria that the commissioner will use to evaluate
79.23and select a contractor, and selection of the contractor.
79.24 (b) The commissioner must consult with the task force regarding the commissioner's
79.25interpretation of data obtained through the study, and on the commissioner's
79.26recommendations for any changes in the targeted group purchasing program resulting from
79.27the study. The task force may make its own recommendations before the commissioner
79.28presents the recommendations in a final report. If the commissioner's recommendations
79.29are different from the task force recommendations, the commissioner's report must note
79.30the differences.
79.31 Subd. 3. Support services. The commissioner must provide meeting space and
79.32administrative support to the task force.
80.1 Subd. 4. Expiration. The task force expires at the end of the regular session of the
80.2legislature at which the commissioner presents the results of the targeted group business
80.3disparity study to the legislature.
80.4 Sec. 110. VALIDATION.
80.5 Any trust or trust account or other custodial account or contract authorized under
80.6section 401(f) of the Internal Revenue Code, created prior to June 6, 2006, to pay
80.7postemployment benefits to employees or officers after termination of service, is hereby
80.8validated, may continue in full force and effect, and shall have continuing authority
80.9to accept new funds; however, this section does not validate or correct defects in any
80.10previously created trust document. Any funds held by a validated trust or account
80.11under this section may be invested as provided in Minnesota Statutes, section 471.6175,
80.12subdivision 5. A validated trust or account shall have until January 1, 2008, to bring
80.13its trust documents and procedures into compliance with Minnesota Statutes, section
80.14471.6175.
80.15EFFECTIVE DATE.This section is effective the day following final enactment.
80.16 Sec. 111. REPORT; ACCOUNTING PRINCIPLES.
80.17 By October 15, 2007, the commissioner of finance must provide a report listing
80.18specific areas where state budgeting practices differ from generally accepted accounting
80.19principles and the reasons for those differences. If that difference is a result of direction in
80.20law, the report must include the law causing the difference.
80.21 Sec. 112. BUILDING REPLACEMENT FUNDS.
80.22 In addition to the requirements in Laws 2002, chapter 400, section 13, subdivision 7,
80.23the commissioner of administration shall collect appropriate rent revenues for the Elmer L.
80.24Andersen and Orville L. Freeman buildings to be set aside in a segregated special revenue
80.25fund for deferred maintenance and other extraordinary building repairs. Funds shall be
80.26expended for these purposes as determined by the commissioner.
80.27EFFECTIVE DATE.This section is effective the day following final enactment.
80.28 Sec. 113. COMPENSATION FOR PERIOD OF PARTIAL GOVERNMENT
80.29SHUTDOWN.
80.30 Subdivision 1. Definitions; coverage. For purposes of this section:
81.1 (1) "employee" means a state employee, as defined in Minnesota Statutes, section
81.243A.02, subdivision 21, who is a state employee on the effective date of this section and
81.3who the commissioner determines was prevented from working because of the partial
81.4government shutdown; and
81.5 (2) "partial government shutdown" means the period from July 1, 2005, through July
81.614, 2005, during which appropriations needed to fund certain state government functions
81.7had not been enacted.
81.8 Subd. 2. Credit for uncompensated hours. A state employee who was previously
81.9compensated in cash or by a credit to the employee's vacation bank for hours the employee
81.10could not work due to the partial government shutdown, must:
81.11 (1) be paid an additional amount equal to the previous payment, if the previous
81.12payment was made in cash; or
81.13 (2) have hours credited to the employee's vacation bank in the same amount as
81.14the previous credit.
81.15EFFECTIVE DATE.This section is effective the day following final enactment.
81.16The commissioner must make payments or credits required by this section within 30
81.17days of the effective date of this section.
81.18 Sec. 114. ELECTRONIC DOCUMENTS STUDY AND REPORT.
81.19 Subdivision 1. Study. The chief information officer of the state shall study
81.20how electronic documents and the mechanisms and processes for accessing and
81.21reading electronic data can be created, maintained, exchanged, and preserved by the
81.22state in a manner that encourages appropriate government control, access, choice,
81.23and interoperability. The study must consider, but not be limited to, the policies of
81.24other states and nations, management guidelines for state archives as they pertain to
81.25electronic documents, public access, expected storage life of electronic documents, costs
81.26of implementation, and savings. The chief information officer shall solicit comments
81.27regarding the creation, maintenance, exchange, and preservation of electronic documents
81.28by the state from stakeholders, including but not limited to the legislative auditor,
81.29the attorney general, the state archivist, the state legislative reference librarian, other
81.30librarians, representatives of the state historical society, and other historians. The chief
81.31information officer shall also solicit comments from members of the public.
81.32 Subd. 2. Report and recommendation. The chief information officer shall
81.33report the officer's findings and recommendations to the chairs of the senate State
81.34and Local Government Operations and Oversight Committee; house Government
82.1Operations, Reform, Technology and Elections Committee; and the senate and house State
82.2Government Finance Divisions by January 15, 2008.
82.3 Sec. 115. LABOR AGREEMENTS AND COMPENSATION PLANS.
82.4 Subdivision 1. Minnesota Law Enforcement Association. The labor agreement
82.5between the state of Minnesota and the Minnesota Law Enforcement Association,
82.6approved by the Legislative Coordinating Commission Subcommittee on Employee
82.7Relations on August 7, 2006, is ratified.
82.8 Subd. 2. Minnesota Nurses Association. The labor agreement between the
82.9state of Minnesota and the Minnesota Nurses Association, approved by the Legislative
82.10Coordinating Commission Subcommittee on Employee Relations on September 18, 2006,
82.11is ratified.
82.12 Subd. 3. Office of Higher Education. The amendments to the compensation
82.13plan for unrepresented employees of the Office of Higher Education, approved by
82.14the Legislative Coordinating Commission Subcommittee on Employee Relations on
82.15September 18, 2006, are ratified.
82.16 Subd. 4. Gambling Control Board. The proposal to increase the salary of the
82.17director of the Gambling Control Board, as approved by the Legislative Coordinating
82.18Commission Subcommittee on Employee Relations on August 7, 2006, is ratified.
82.19 Subd. 5. Public Employees Retirement Association. The proposal to increase
82.20the salary of the director of the Public Employees Retirement Association, as approved
82.21by the Legislative Coordinating Commission Subcommittee on Employee Relations on
82.22March 27, 2007, is ratified.
82.23 Subd. 6. Minnesota State Retirement System. The proposal to increase the
82.24salary of the director of the Minnesota State Retirement System, as approved by the
82.25Legislative Coordinating Commission Subcommittee on Employee Relations on March
82.2627, 2007, is ratified.
82.27 Subd. 7. Teachers Retirement Association. The proposal to increase the salary
82.28of the director of the Teachers Retirement Association, as approved by the Legislative
82.29Coordinating Commission Subcommittee on Employee Relations on March 27, 2007,
82.30is ratified.
82.31EFFECTIVE DATE.This section is effective the day following final enactment.
82.32 Sec. 116. STATE EMPLOYEES ELECTRONIC HEALTH RECORDS PILOT
82.33PROJECT.
83.1 Subdivision 1. Project established. The Minnesota State Colleges and Universities
83.2Board of Trustees (MnSCU), in collaboration with the commissioner of employee relations
83.3shall establish an enterprise-wide pilot project to provide consumer-owned electronic
83.4personal health records to MnSCU employees and all participants in the state employee
83.5group insurance program. If the Department of Employee Relations is abolished, then the
83.6Minnesota State Colleges and Universities Board of Trustees shall work in collaboration
83.7with the commissioner of the department responsible for administration of the state
83.8employee group insurance program.
83.9 Subd. 2. Project goals. The goal of the project is to provide consumer-owned
83.10electronic personal health records that are portable among health care providers, health
83.11plan companies, and employers in order to control costs, improve quality, and enhance
83.12safety, and to demonstrate the feasibility of a statewide health information exchange.
83.13The pilot project shall coordinate to the extent possible with other health information
83.14consumer engagement initiatives in Minnesota designed to support the goal of statewide
83.15health information exchange. The electronic personal health records may provide, but
83.16are not limited to, the following:
83.17 (1) access to electronic medical records;
83.18 (2) prescription and appointment information;
83.19 (3) information regarding health education, public health, and health cost
83.20management; and
83.21 (4) privacy, security, and HIPAA compliance.
83.22 Sec. 117. VALUE-ADDED CONTRACT AUTHORITY.
83.23 (a) The director of the Office of Enterprise Technology, with approval of
83.24the commissioner of finance, may enter into contracts for: (1) development and
83.25implementation of an electronic system for executive branch state agencies to issue
83.26licenses; and (2) development and implementation of an integrated system to support
83.27tax processing, reporting, and enforcement functions. The director must use funds
83.28appropriated by this act for these purposes. In addition, the director may enter into
83.29contracts for these purposes under which the vendor initially pays all or part of the costs,
83.30and the state accounting system does not show an encumbrance for some or all of the
83.31contract liability when the director initially enters into the contracts.
83.32 (b) Before entering into a contract authorized by this section, the director must
83.33prepare, and the commissioner of finance must approve, a plan for how payments will be
83.34made to the vendors under the contracts. If the contracts will involve performance-based
83.35payments to the vendor, the plan must describe the criteria for making those payments. If
84.1the director intends to pay for all or part of the contract from savings generated, the plan
84.2must describe what savings are anticipated, and how the savings will be captured so as to
84.3be available to make payments under the contract. The plan must explain how the total
84.4contract costs relate to the costs anticipated in the governor's budget recommendations
84.5presented to the legislature in 2007.
84.6 (c) The director must present the plan required by paragraph (b) to the chairs of the
84.7house Ways and Means and Finance Committees and the senate Finance Committee when
84.8the director submits the plan to the commissioner of finance for approval. The director
84.9must notify these chairs when the commissioner of finance has approved the plan. This
84.10notice must include any changes from the original plan.
84.11 (d) The director must report to the chairs of the house Ways and Means and Finance
84.12Committees and the senate Finance Committee by January 15 each of the next five years
84.13after entering into a contract authorized under this section. The report must include a
84.14detailed breakdown of how and by whom the contract costs are being paid, and on the cost
84.15savings and service improvements achieved as a result of the contract.
84.16 Sec. 118. PRE-1969 TRA MEMBER GRATUITY PAYMENT.
84.17 (a) $4,100,000 is appropriated to the executive director of the Teachers Retirement
84.18Association for the payment of a gratuity to persons who were teachers as defined in
84.19Minnesota Statutes, section 354.05, subdivision 2, and who rendered teaching service as
84.20defined in Minnesota Statutes, section 354.05, subdivision 3, either during the 1968-1969
84.21school year, but were not covered by the improved money purchase program savings
84.22clause in Minnesota Statutes, section 354.55, subdivision 17, or before the 1968-1969
84.23school year, did not take a refund of member contributions upon the termination of teacher
84.24service, and who were eligible to make an election under Minnesota Statutes 1971, section
84.25354.55, subdivision 8. The payment is intended to reflect the special contribution of
84.26these persons to education and to offset any unfulfilled expectation the person may have
84.27as to potential benefit levels. The gratuity payment amount for each person is $1,000 or
84.28a prorated portion of that amount if, at any time, the executive director of the Teachers
84.29Retirement Association determines that payment of the full amount to the remaining
84.30participants would likely exceed the appropriation.
84.31 (b) The Teachers Retirement Association shall make available to persons eligible to
84.32receive a payment under this section on or before August 1, 2007, an application form.
84.33Filing an application form is a waiver of any legal, equitable, or legislative claim for any
84.34other special consideration and the form must indicate the waiver.
85.1 (c) On August 1, 2007, the Teachers Retirement Association shall determine those
85.2remaining persons who are eligible to receive a payment under this section and who have
85.3not applied for a payment and send to each remaining person, at the person's residence
85.4of record, a state warrant of the full or a prorated payment amount. If the recipient
85.5negotiates the state warrant, that negotiation constitutes a waiver of any legal, equitable,
85.6or legislative claim for any other special consideration as documentation accompanying
85.7the warrant must indicate the waiver. Any warrant under this section expires on August
85.81, 2009, and the amount of any unnegotiated state warrant under this section cancels
85.9to the Teachers Retirement Association.
85.10 Sec. 119. CERTIFICATE OF COMPLIANCE; TEMPORARY PROVISION.
85.11 Subdivision 1. Pay equity. Until July 1, 2008, a business that is not in compliance
85.12with equitable compensation relationship standards under Minnesota Statutes, section
85.1343A.50, is making a good faith effort to achieve compliance if the commissioner of
85.14employee relations has approved:
85.15 (1) a statement of the business's intention to prepare a pay equity report and an
85.16estimated date no later than July 1, 2008, when the report and plan will be submitted; and
85.17 (2) information on the business's current status, including a statement on the
85.18existence of a company-wide job evaluation system, the total number of male and female
85.19employees of the business, and the business's interest in receiving training on how to
85.20establish equitable compensation relationships.
85.21 Subd. 2. Report. The commissioner of employee relations shall report to the
85.22legislature by January 31, 2008, on implementation of this section. The report must
85.23include findings and recommendations on any changes needed to ensure that state
85.24contractors achieve equitable compensation relationships.
85.25 Sec. 120. SUSTAINABLE GROWTH WORKING GROUP.
85.26 Subdivision 1. Creation. The sustainable growth working group consists of the
85.27following members:
85.28 (1) two senators, including one member of the minority caucus, appointed by the
85.29Subcommittee on Committees of the Committee on Rules and Administration;
85.30 (2) two members of the house of representatives, one appointed by the speaker
85.31and one appointed by the minority leader;
85.32 (3) commissioners of the following agencies, or their designees: Department of
85.33Natural Resources, Department of Administration, Department of Agriculture, Department
85.34of Commerce, Department of Transportation, Department of Employment and Economic
86.1Development, Minnesota Housing Finance Agency, and the Minnesota Pollution Control
86.2Agency; and the chair of the Metropolitan Council or the chair's designee;
86.3 (4) up to 12 public members who have an interest in promoting sustainable
86.4communities in Minnesota, including up to six public members appointed by the speaker
86.5of the house of representatives and up to six public members appointed by the majority
86.6leader of the senate. The appointing authorities must use their best efforts to include at
86.7least one representative from each of the following sectors: business, environmental,
86.8energy, affordable housing, transportation, local government, planning, and philanthropic.
86.9 The membership of the working group must include balanced representation from
86.10rural, urban, and suburban areas of the state.
86.11 Subd. 2. Duties. The working group must identify strategies, recommendations, and
86.12a process for implementing state-level coordination of state and local policies, programs,
86.13and regulations in the areas of housing, transportation, natural resource preservation,
86.14capital development, economic development, sustainability, and preservation of the
86.15environment. The working group must identify sustainable development principles that
86.16will guide decision making in Minnesota. The working group must gather information
86.17and develop strategies relative to the strategic use of state resources, to be consistent with
86.18statewide goals of sustainable development. The working group must report proposed
86.19strategies, recommendations, and a process for implementation to the legislature and the
86.20governor by February 1, 2008. In its report to the legislature and the governor, the working
86.21group must identify its source of funding.
86.22 Subd. 3. Administrative provisions. (a) The commissioner of administration
86.23must convene the initial meeting. Upon request of the working group, the commissioner
86.24must provide meeting space and administrative services for the group. The Office of
86.25Geographic and Demographic Analysis must provide staff support for the working group.
86.26The members of the working group must elect a chair.
86.27 (b) Members of the working group serve without compensation but may be
86.28reimbursed for expenses under Minnesota Statutes, section 15.059.
86.29 (c) The working group expires June 30, 2008.
86.30 (d) The working group may accept gifts and grants, which are accepted on behalf
86.31of the state and constitute donations to the state. Funds received are appropriated to the
86.32commissioner of administration for purposes of the working group.
86.33 Sec. 121. ASSISTANCE.
86.34 House and senate staff must assist the Legislative Coordinating Commission with
86.35new duties assigned to the commission by this act.
87.1 Sec. 122. TRAINING SERVICES.
87.2 During the biennium ending June 30, 2009, state executive branch agencies must
87.3consider using services provided by government training services before contracting with
87.4other outside vendors for similar services.
87.5 Sec. 123. REPEALER.
87.6Minnesota Statutes 2006, sections 3.884; 3.8841; 6.56, subdivision 1; 16A.102;
87.716C.055, subdivision 1; 16C.08, subdivision 4a; 69.051, subdivision 1c; 359.085,
87.8subdivision 8; and 645.44, subdivision 19, are repealed.
87.11 Section 1. Minnesota Statutes 2006, section 16C.02, is amended by adding a
87.12subdivision to read:
87.13 Subd. 4a. Best value; construction. For purposes of construction, building,
87.14alteration, improvement, or repair services, "best value" describes the result determined by
87.15a procurement method that considers price and performance criteria, which may include,
87.16but are not limited to:
87.17 (1) the quality of the vendor's or contractor's performance on previous projects;
87.18 (2) the timeliness of the vendor's or contractor's performance on previous projects;
87.19 (3) the level of customer satisfaction with the vendor's or contractor's performance
87.20on previous projects;
87.21 (4) the vendor's or contractor's record of performing previous projects on budget and
87.22ability to minimize cost overruns;
87.23 (5) the vendor's or contractor's ability to minimize change orders;
87.24 (6) the vendor's or contractor's ability to prepare appropriate project plans;
87.25 (7) the vendor's or contractor's technical capacities;
87.26 (8) the individual qualifications of the contractor's key personnel; or
87.27 (9) the vendor's or contractor's ability to assess and minimize risks.
87.28 "Performance on previous projects" does not include the exercise or assertion of a
87.29person's legal rights. This definition does not apply to sections 16C.32, 16C.33, 16C.34,
87.30and 16C.35.
87.31 Sec. 2. Minnesota Statutes 2006, section 16C.02, is amended by adding a subdivision
87.32to read:
88.1 Subd. 20. Vendor. "Vendor" means a business, including a construction contractor
88.2or a natural person, and includes both if the natural person is engaged in a business.
88.3 Sec. 3. Minnesota Statutes 2006, section 16C.03, subdivision 3, is amended to read:
88.4 Subd. 3. Acquisition authority. The commissioner shall acquire all goods, services,
88.5and utilities needed by agencies. The commissioner shall acquire goods, services, and
88.6utilities by requests for bids, requests for proposals, reverse auctions as provided in
88.7section16C.10, subdivision 7 , or other methods provided by law, unless a section of law
88.8requires a particular method of acquisition to be used. The commissioner shall make all
88.9decisions regarding acquisition activities. The determination of the acquisition method
88.10and all decisions involved in the acquisition process, unless otherwise provided for by
88.11law, shall be based on best value which includes an evaluation of price and may include
88.12other considerations including, but not limited to, environmental considerations, quality,
88.13and vendor performance. A best value determination must be based on the evaluation
88.14criteria detailed in the solicitation document. If criteria other than price are used, the
88.15solicitation document must state the relative importance of price and other factors.Unless
88.16it is determined by the commissioner that an alternative solicitation method provided by
88.17law should be used to determine best value, a request for bid must be used to solicit
88.18formal responses for all building and construction contracts. Any or all responses may
88.19be rejected. When using the request for bid process, the bid must be awarded to the
88.20lowest responsive and responsible bidder, taking into consideration conformity with
88.21the specifications, terms of delivery, the purpose for which the contract or purchase is
88.22intended, the status and capability of the vendor, and other considerations imposed in the
88.23request for bids. The commissioner may decide which is the lowest responsible bidder
88.24for all purchases and may use the principles of life-cycle costing, where appropriate, in
88.25determining the lowest overall bid. The duties set forth in this subdivision are subject to
88.26delegation pursuant to this section.
88.27 Sec. 4. Minnesota Statutes 2006, section 16C.03, is amended by adding a subdivision
88.28to read:
88.29 Subd. 3a. Acquisition authority; construction contracts. For all building and
88.30construction contracts, the commissioner shall award contracts pursuant to section
88.3116C.28, and "best value" shall be defined and applied as set forth in sections 16C.02,
88.32subdivision 4a and 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).
88.33The duties set forth in this subdivision are subject to delegation pursuant to this section.
88.34The commissioner shall establish procedures for developing and awarding best value
89.1requests for proposals for construction projects. The criteria to be used to evaluate the
89.2proposals must be included in the solicitation document and must be evaluated in an open
89.3and competitive manner.
89.4 Sec. 5. Minnesota Statutes 2006, section 16C.03, is amended by adding a subdivision
89.5to read:
89.6 Subd. 19. Training. Any personnel administering procurement procedures for a
89.7user of best value procurement or any consultant retained by a local unit of government to
89.8prepare or evaluate solicitation documents must be trained, either by the department or
89.9through other training, in the request for proposals process for best value contracting for
89.10construction projects. The commissioner may establish a training program for state and
89.11local officials, and vendors and contractors, on best value procurement for construction
89.12projects, including those governed by section 16C.28. If the commissioner establishes
89.13such a training program, the state may charge a fee for providing training.
89.14 Sec. 6. Minnesota Statutes 2006, section 16C.26, is amended to read:
89.1516C.26 COMPETITIVE BIDS OR PROPOSALS.
89.16 Subdivision 1. Application. Except as otherwise provided by sections 16C.10,
89.1716C.26
and
16C.27 , all contracts for building and construction or repairs must be based on
89.18competitive bids or proposals. "Competitive proposals" specifically refers to the method
89.19of procurement described in section 16C.28, subdivision 1, paragraph (a), clause (2).
89.20 Subd. 2. Requirement contracts. Standard requirement price contracts for building
89.21and construction must be established by competitive bids as provided in subdivision 1.
89.22The standard requirement price contracts may contain escalation clauses and may provide
89.23for a negotiated price increase or decrease based upon a demonstrable industrywide or
89.24regional increase or decrease in the vendor's costs or for the addition of similar products or
89.25replacement items not significant to the total value of existing contracts. The term of these
89.26contracts may not exceed five years including all extensions.
89.27 Subd. 3. Publication of notice; expenditures over $25,000. If the amount of an
89.28expenditure is estimated to exceed $25,000, bids or proposals must be solicited by public
89.29notice in a manner designated by the commissioner. To the extent practical, this must
89.30include posting on a state Web site. For expenditures over $50,000, when a call for bids is
89.31issued the commissioner shall solicit sealed bids by providing notices to all prospective
89.32bidders known to the commissioner by posting notice on a state Web site at least seven
89.33days before the final date of submitting bids. All bids over $50,000 must be sealed when
89.34they are received and must be opened in public at the hour stated in the notice. All
90.1proposals responsive to a request for proposals according to section 16C.28, subdivision
90.21, paragraph (a), clause (2), and paragraph (c), shall be submitted and evaluated in the
90.3manner described in the request for proposals, regardless of the dollar amount. All original
90.4bids and proposals and all documents pertaining to the award of a contract must be retained
90.5and made a part of a permanent file or record and remain open to public inspection.
90.6 Subd. 4. Building and construction contracts; $50,000 or less. An informal bid
90.7may be used for building, construction, and repair contracts that are estimated at less than
90.8$50,000. Informal bids must be authenticated by the bidder in a manner specified by the
90.9commissioner. Alternatively, a request for proposals may be issued according to section
90.1016C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c), for such contracts.
90.11 Subd. 5. Standard specifications, security. Contracts must be based on the
90.12standard specifications prescribed and enforced by the commissioner under this chapter,
90.13unless otherwise expressly provided or as authorized under section 16C.28, subdivision
90.141, paragraph (a), clause (2), and paragraph (c). Eachbidder for a contract vendor or
90.15contractor must furnish security approved by the commissioner to ensure the making of
90.16the contract being bid for.
90.17 Subd. 6. Noncompetitive bids. Agencies are encouraged to contract with small
90.18targeted group businesses designated under section16C.16 when entering into contracts
90.19that are not subject to competitive bidding procedures.
90.20 Sec. 7. Minnesota Statutes 2006, section 16C.27, subdivision 1, is amended to read:
90.21 Subdivision 1. Single source of supply. Competitive biddingis or proposals are not
90.22required for contracts clearly and legitimately limited to a single source of supply, and the
90.23contract price may be best established by direct negotiation.
90.24 Sec. 8. Minnesota Statutes 2006, section 16C.28, is amended to read:
90.2516C.28 CONTRACTS; AWARD.
90.26 Subdivision 1.Lowest responsible bidder Award requirements. (a) All state
90.27building and construction contracts entered into by or under the supervision of the
90.28commissioner or an agency for which competitive bids or proposals are requiredmust
90.29be awarded to the lowest responsible bidder, taking into consideration conformity with
90.30the specifications, terms of delivery, the purpose for which the contract is intended, the
90.31status and capability of the vendor, and other considerations imposed in the call for bids.
90.32The commissioner may decide which is the lowest responsible bidder for all contracts
90.33and may use the principles of life cycle costing, where appropriate, in determining the
90.34lowest overall bid. The head of the interested agency shall make the decision, subject
91.1to the approval of the commissioner. Any or all bids may be rejected. In a case where
91.2competitive bids are required and where all bids are rejected, new bids, if solicited, must
91.3be called for as in the first instance, unless otherwise provided by law. may be awarded to
91.4either of the following:
91.5 (1) the lowest responsible bidder, taking into consideration conformity with the
91.6specifications, terms of delivery, the purpose for which the contract is intended, the status
91.7and capability of the vendor or contractor, other considerations imposed in the call for
91.8bids, and, where appropriate, principles of life-cycle costing; or
91.9 (2) the vendor or contractor offering the best value, taking into account the
91.10specifications of the request for proposals, the price and performance criteria as set forth
91.11in section 16C.02, subdivision 4a, and described in the solicitation document.
91.12 (b) The vendor or contractor must secure bonding, commercial general insurance
91.13coverage, and workers' compensation insurance coverage under paragraph (a), clause
91.14(1) or (2). The commissioner shall determine whether to use the procurement process
91.15described in paragraph (a), clause (1), or the procurement process described in paragraph
91.16(a), clause (2). If the commissioner uses the method in paragraph (a), clause (2), the head
91.17of the agency shall determine which vendor or contractor offers the best value, subject to
91.18the approval of the commissioner. Any or all bids or proposals may be rejected.
91.19 (c) When using the procurement process described in paragraph (a), clause (2), the
91.20solicitation document must state the relative importance of price and other factors.
91.21 Subd. 1a. Establishment and purpose. (a) The state recognizes the importance of
91.22the inclusion of a best value contracting system for construction as an alternative to the
91.23current low-bid system of procurement. In order to accomplish that goal, state and local
91.24governmental entities shall be able to choose the best value system in different phases.
91.25 (b) "Best value" means the procurement method defined in section 16C.02,
91.26subdivision 4a.
91.27 (c) The following entities are eligible to participate in phase I:
91.28 (1) state agencies;
91.29 (2) counties;
91.30 (3) cities; and
91.31 (4) school districts with the highest 25 percent enrollment of students in the state.
91.32Phase I begins on the effective date of this section.
91.33 (d) The following entities are eligible to participate in phase II:
91.34 (1) those entities included in phase I; and
91.35 (2) school districts with the highest 50 percent enrollment of students in the state.
91.36Phase II begins two years from the effective date of this section.
92.1 (e) The following entities are eligible to participate in phase III:
92.2 (1) all entities included in phases I and II; and
92.3 (2) all other townships, school districts, and political subdivisions in the state.
92.4Phase III begins three years from the effective date of this section.
92.5 (f) The commissioner or any agency for which competitive bids or proposals are
92.6required may not use best value contracting as defined in section 16C.02, subdivision 4a,
92.7for more than one project annually, or 20 percent of its projects, whichever is greater, in
92.8each of the first three fiscal years in which best value construction contracting is used.
92.9 Subd. 2. Alterations and erasures. A bid containing an alteration or erasure of
92.10any price contained in the bid which is used in determining the lowest responsible bid
92.11must be rejected unless the alteration or erasure is corrected in a manner that is clear and
92.12authenticated by an authorized representative of the responder. An alteration or erasure
92.13may be crossed out and the correction printed in ink or typewritten adjacent to it and
92.14initialed by an authorized representative of the responder.
92.15 Subd. 3. Special circumstances. The commissioner may reject the bid or proposal
92.16of anybidder vendor or contractor who has failed to perform a previous contract with
92.17the state. In the case of identical low bids from two or more bidders, the commissioner
92.18may use negotiated procurement methods with the tied low bidders for that particular
92.19transaction so long as the price paid does not exceed the low tied bid price. The
92.20commissioner may award contracts to more than onebidder vendor or contractor in
92.21accordance with subdivision 1, if doing so does not decrease the service level or diminish
92.22the effect of competition.
92.23 Subd. 4. Record. A record must be kept of all bids or proposals, including names of
92.24bidders, amounts of bids or proposals, and each successful bid or proposal. This record is
92.25open to public inspection, subject to section 13.591 and other applicable law.
92.26 Subd. 5. Preferences not cumulative. The preferences under sections16B.121 ,
92.2716C.06, subdivision 7
, and
16C.16 apply, but are not cumulative. The total percentage
92.28of preference granted on a contract may not exceed the highest percentage of preference
92.29allowed for that contract under any one of those sections.
92.30 Sec. 9. Minnesota Statutes 2006, section 103D.811, subdivision 3, is amended to read:
92.31 Subd. 3. Awarding of contract. (a) At a time and place specified in the bid notice,
92.32the managers may accept or reject any or all bids and may award the contract to the lowest
92.33responsible bidder. The bidder to whom the contract is to be awarded must give a bond,
92.34with ample security, conditioned by satisfactory completion of the contract.
93.1 (b) Bids must not be considered which in the aggregate exceed by more than 30
93.2percent the total estimated cost of construction or implementation.
93.3 (c) As an alternative to the procurement method described in paragraph (a), the
93.4managers may issue a request for proposals and award the contract to the vendor or
93.5contractor offering the best value as described in section 16C.28, subdivision 1, paragraph
93.6(a), clause (2), and paragraph (c).
93.7 (d) The contract must be in writing and be accompanied by or refer to the plans and
93.8specifications for the work to be done as prepared by the engineer for the watershed
93.9district. The plans and specifications shall become a part of the contract.
93.10(d) (e) The contract shall be approved by the managers and signed by the president,
93.11secretary, and contractor.
93.12 Sec. 10. Minnesota Statutes 2006, section 103E.505, subdivision 5, is amended to read:
93.13 Subd. 5. How contract may be awarded. The contract may be awarded in one
93.14job, in sections, or separately for labor and material andmust may be let to the lowest
93.15responsible bidder. Alternatively, the contract may be awarded to the vendor or contractor
93.16offering the best value under a request for proposals as described in section 16C.28,
93.17subdivision 1, paragraph (a), clause (2), and paragraph (c).
93.18 Sec. 11. Minnesota Statutes 2006, section 116A.13, subdivision 5, is amended to read:
93.19 Subd. 5. How job may be let. The job may be let in one job, or in sections, or
93.20separately for labor and material, andshall may be let to the lowest responsible bidder or
93.21bidders therefor. Alternatively, the contract may be awarded to the vendor or contractor
93.22offering the best value under a request for proposals as described in section 16C.28,
93.23subdivision 1, paragraph (a), clause (2), and paragraph (c).
93.24 Sec. 12. Minnesota Statutes 2006, section 123B.52, subdivision 1, is amended to read:
93.25 Subdivision 1. Contracts. A contract for work or labor, or for the purchase of
93.26furniture, fixtures, or other property, except books registered under the copyright laws, or
93.27for the construction or repair of school houses, the estimated cost or value of which shall
93.28exceed that specified in section471.345, subdivision 3 , must not be made by the school
93.29board without first advertising for bids or proposals by two weeks' published notice in the
93.30official newspaper. This notice must state the time and place of receiving bids and contain
93.31a brief description of the subject matter.
93.32 Additional publication in the official newspaper or elsewhere may be made as the
93.33board shall deem necessary.
94.1 After taking into consideration conformity with the specifications, terms of delivery,
94.2and other conditions imposed in the call for bids, every such contract for which a call for
94.3bids has been issued must be awarded to the lowest responsible bidder, be duly executed
94.4in writing, and be otherwise conditioned as required by law. The person to whom the
94.5contract is awarded shall give a sufficient bond to the board for its faithful performance.
94.6Notwithstanding section574.26 or any other law to the contrary, on a contract limited
94.7to the purchase of a finished tangible product, a board may require, at its discretion, a
94.8performance bond of a contractor in the amount the board considers necessary. A record
94.9must be kept of all bids, with names of bidders and amount of bids, and with the successful
94.10bid indicated thereon. A bid containing an alteration or erasure of any price contained in
94.11the bid which is used in determining the lowest responsible bid must be rejected unless the
94.12alteration or erasure is corrected as provided in this section. An alteration or erasure may
94.13be crossed out and the correction thereof printed in ink or typewritten adjacent thereto and
94.14initialed in ink by the person signing the bid. In the case of identical low bids from two or
94.15more bidders, the board may, at its discretion, utilize negotiated procurement methods
94.16with the tied low bidders for that particular transaction, so long as the price paid does not
94.17exceed the low tied bid price. In the case where only a single bid is received, the board
94.18may, at its discretion, negotiate a mutually agreeable contract with the bidder so long as
94.19the price paid does not exceed the original bid. If no satisfactory bid is received, the
94.20board may readvertise. Standard requirement price contracts established for supplies or
94.21services to be purchased by the district must be established by competitive bids. Such
94.22standard requirement price contracts may contain escalation clauses and may provide for a
94.23negotiated price increase or decrease based upon a demonstrable industrywide or regional
94.24increase or decrease in the vendor's costs. Either party to the contract may request that the
94.25other party demonstrate such increase or decrease. The term of such contracts must not
94.26exceed two years with an option on the part of the district to renew for an additional two
94.27years. Contracts for the purchase of perishable food items, except milk for school lunches
94.28and vocational training programs, in any amount may be made by direct negotiation
94.29by obtaining two or more written quotations for the purchase or sale, when possible,
94.30without advertising for bids or otherwise complying with the requirements of this section
94.31or section471.345, subdivision 3 . All quotations obtained shall be kept on file for a
94.32period of at least one year after receipt.
94.33 Every contract made without compliance with the provisions of this section shall be
94.34void. Except in the case of the destruction of buildings or injury thereto, where the public
94.35interest would suffer by delay, contracts for repairs may be made without advertising
94.36for bids.
95.1 Sec. 13. Minnesota Statutes 2006, section 123B.52, is amended by adding a
95.2subdivision to read:
95.3 Subd. 1b. Best value alternative. As an alternative to the procurement method
95.4described in subdivision 1, a contract for construction, building, alteration, improvement,
95.5or repair work may be awarded to the vendor or contractor offering the best value under a
95.6request for proposals as described in section 16C.28, subdivision 1, paragraph (a), clause
95.7(2), and paragraph (c).
95.8 Sec. 14. Minnesota Statutes 2006, section 160.17, is amended by adding a subdivision
95.9to read:
95.10 Subd. 2a. Best value alternative. As an alternative to the procurement method
95.11referenced in subdivision 2, counties or towns may issue a request for proposal and award
95.12the contract to the vendor or contractor offering the best value as described in section
95.1316C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).
95.14 Sec. 15. Minnesota Statutes 2006, section 160.262, is amended by adding a subdivision
95.15to read:
95.16 Subd. 5. Best value alternative. As an alternative to the procurement method
95.17described in subdivision 4, the commissioner may allow for the award of design-build
95.18contracts for the projects described in subdivision 4 to the vendor or contractor offering
95.19the best value under a request for proposals as described in section 16C.28, subdivision 1,
95.20paragraph (a), clause (2), and paragraph (c).
95.21 Sec. 16. Minnesota Statutes 2006, section 161.32, is amended by adding a subdivision
95.22to read:
95.23 Subd. 1f. Best value alternative. As an alternative to the procurement method
95.24described in subdivisions 1a to 1e, the commissioner may issue a request for proposals
95.25and award the contract to the vendor or contractor offering the best value as described in
95.26section 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).
95.27 Sec. 17. [161.3206] BEST VALUE CONTRACTING AUTHORITY.
95.28 Notwithstanding sections 16C.25, 161.32, and 161.321, or any other law to the
95.29contrary, the commissioner may solicit and award all contracts, other than design-build
95.30contracts governed by section 161.3412, for a project on the basis of a best value selection
95.31process as defined in section 16C.02, subdivision 4a. Section 16C.08 does not apply
95.32to this section.
96.1 Sec. 18. Minnesota Statutes 2006, section 161.3412, subdivision 1, is amended to read:
96.2 Subdivision 1. Best value selection for design-build contracts. Notwithstanding
96.3sections16C.25 ,
161.32 , and
161.321 , or any other law to the contrary, the commissioner
96.4may solicit and award a design-build contract for a project on the basis of a best value
96.5selection process. Section16C.08 does not apply to design-build contracts to which the
96.6commissioner is a party.
96.7 Sec. 19. Minnesota Statutes 2006, section 161.38, subdivision 4, is amended to read:
96.8 Subd. 4. Effects on other law of public contract with commissioner. Whenever
96.9the road authority of any city enters into an agreement with the commissioner pursuant
96.10to this section, and a portion of the cost is to be assessed against benefited property,
96.11the letting of a public contract by the commissioner for the work shall be deemed to
96.12comply with statutory or charter provisions requiring the city (1) to advertise for bids
96.13before awarding a contract for a public improvement, (2) to let the contract to the lowest
96.14responsible bidder or to the vendor or contractor offering the best value, and (3) to require
96.15a performance bond to be filed by the contractor before undertaking the work. The
96.16contract so let by the commissioner and the performance bond required of the contractor
96.17by the commissioner shall be considered to be the contract and bond of the city for the
96.18purposes of complying with the requirements of any applicable law or charter provision,
96.19and the bond shall inure to the benefit of the city and operate for their protection to the
96.20same extent as though they were parties thereto.
96.21 Sec. 20. Minnesota Statutes 2006, section 365.37, is amended by adding a subdivision
96.22to read:
96.23 Subd. 2a. Best value alternative. As an alternative to the procurement method
96.24described in subdivision 2, a contract for construction, building, alteration, improvement,
96.25or repair work may be awarded to the vendor or contractor offering the best value under a
96.26request for proposals as described in section 16C.28, subdivision 1, paragraph (a), clause
96.27(2), and paragraph (c).
96.28 Sec. 21. Minnesota Statutes 2006, section 374.13, is amended to read:
96.29374.13 TO ADVERTISE FOR BIDS.
96.30 Subdivision 1. Bidding process. When the plans and specifications are completed
96.31and approved by the city council and the county board, the commission shall, after notice
96.32appropriate to inform possible bidders, obtain bids or proposals for all or any portion of
96.33the work or materials, or both, to be done, performed, or furnished in the construction of
97.1the building. All bids or proposals shall be sealed by the bidders or proposers and filed
97.2with the commission at or before the time specified for the opening of bids or proposals.
97.3At the time and place specified for the opening of bids or proposals, the commission shall
97.4meet, open the bids or proposals, tabulate them, and award the contract or contracts to the
97.5responsible bidder whose bid or proposal is the most favorable to the city or county, or
97.6reject all bids and proposals. If all bids or proposals are rejected, the commission may,
97.7after similar notice, obtain more bids or proposals or may modify or change the plans and
97.8specifications and submit the modified plans and specifications to the city council and the
97.9county board for approval. When the modified or changed plans and specifications are
97.10satisfactory to both the city council and the county board, the plans and specifications
97.11shall be returned to the commission and the commission shall proceed again, after similar
97.12notice, to obtain bids or proposals. Any contract awarded by the commission shall be
97.13subject to approval by the city council and the county board.
97.14 Subd. 2. Best value alternative. As an alternative to the procurement method
97.15described in subdivision 1, the commission may issue a request for proposals and award
97.16the contract to the vendor or contractor offering the best value as described in section
97.1716C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).
97.18 Sec. 22. Minnesota Statutes 2006, section 375.21, is amended by adding a subdivision
97.19to read:
97.20 Subd. 1b. Best value alternative. As an alternative to the procurement method
97.21described in subdivision 1, a county board may award a contract for construction, building,
97.22alteration, improvement, or repair work to the vendor or contractor offering the best value
97.23under a request for proposals as described in section 16C.28, subdivision 1, paragraph
97.24(a), clause (2), and paragraph (c).
97.25 Sec. 23. Minnesota Statutes 2006, section 383C.094, is amended by adding a
97.26subdivision to read:
97.27 Subd. 1a. Contracts in excess of $500; best value alternative. As an alternative to
97.28the procurement method described in subdivision 1, the contract may be awarded to the
97.29vendor or contractor offering the best value under a request for proposals as described in
97.30section 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).
97.31 Sec. 24. Minnesota Statutes 2006, section 412.311, is amended to read:
97.32412.311 CONTRACTS.
98.1 Subdivision 1. Lowest responsible bidder. Except as provided in sections471.87
98.2to471.89 , no member of a council shall be directly or indirectly interested in any contract
98.3made by the council. Whenever the amount of a contract for the purchase of merchandise,
98.4materials or equipment or for any kind of construction work undertaken by the city is
98.5estimated to exceed the amount specified by section471.345, subdivision 3 , the contract
98.6shall be let to the lowest responsible bidder, after notice has been published once in the
98.7official newspaper at least ten days in advance of the last day for the submission of bids. If
98.8the amount of the contract exceeds $1,000, it shall be entered into only after compliance
98.9with section471.345 .
98.10 Subd. 2. Best value alternative. As an alternative to the procurement method
98.11described in subdivision 1, a contract for construction, building, alteration, improvement,
98.12or repair work may be awarded to the vendor or contractor offering the best value under a
98.13request for proposals as described in section 16C.28, subdivision 1, paragraph (a), clause
98.14(2), and paragraph (c).
98.15 Sec. 25. Minnesota Statutes 2006, section 429.041, is amended by adding a subdivision
98.16to read:
98.17 Subd. 2a. Best value alternative. As an alternative to the procurement method
98.18described in subdivision 2, the council may issue a request for proposals and award the
98.19contract to the vendor or contractor offering the best value as described in section 16C.28,
98.20subdivision 1, paragraph (a), clause (2), and paragraph (c).
98.21 Sec. 26. Minnesota Statutes 2006, section 458D.21, is amended by adding a
98.22subdivision to read:
98.23 Subd. 2a. Contracts in excess of $5,000; best value alternative. As an alternative
98.24to the procurement method described in subdivision 2, the board may issue a request for
98.25proposals and award the contract to the vendor or contractor offering the best value as
98.26described in section 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).
98.27 Sec. 27. Minnesota Statutes 2006, section 469.015, is amended by adding a subdivision
98.28to read:
98.29 Subd. 1a. Best value alternative. As an alternative to the procurement method
98.30described in subdivision 1, the authority may issue a request for proposals and award the
98.31contract to the vendor or contractor offering the best value under a request for proposals as
98.32described in section 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).
99.1 Sec. 28. Minnesota Statutes 2006, section 469.068, subdivision 1, is amended to read:
99.2 Subdivision 1. Contracts; bids; bonds. All construction work and every purchase
99.3of equipment, supplies, or materials necessary in carrying out the purposes of sections
99.4469.048
to
469.068 , that involve the expenditure of $1,000 or more, shall be awarded by
99.5contract as provided in this subdivision or in subdivision 1a. Before receiving bids under
99.6sections469.048 to
469.068 , the authority shall publish, once a week for two consecutive
99.7weeks in the official newspaper of the port's city, a notice that bids will be received for the
99.8construction work, or purchase of equipment, supplies, or materials. The notice shall state
99.9the nature of the work, and the terms and conditions upon which the contract is to be let
99.10and name a time and place where the bids will be received, opened, and read publicly,
99.11which time shall be not less than seven days after the date of the last publication. After
99.12the bids have been received, opened, read publicly, and recorded, the commissioners
99.13shall award the contract to the lowest responsible bidder, reserving the right to reject
99.14any or all bids. The contract shall be executed in writing and the person to whom the
99.15contract is awarded shall give sufficient bond to the board for its faithful performance. If
99.16no satisfactory bid is received, the port authority may readvertise, or, by an affirmative
99.17vote of two of its commissioners in the case of a three-member commission, or five of
99.18its members in the case of a seven-member commission, may authorize the authority
99.19to perform any part or parts of any construction work by day labor under conditions it
99.20prescribes. The commissioners may establish reasonable qualifications to determine
99.21the fitness and responsibility of bidders, and require bidders to meet the qualifications
99.22before bids are accepted. If the commissioners by a two-thirds or five-sevenths vote
99.23declare that an emergency exists requiring the immediate purchase of any equipment or
99.24material or supplies at a cost in excess of $1,000, but not exceeding $5,000, in amount,
99.25or making of emergency repairs, it shall not be necessary to advertise for bids, but the
99.26material, equipment, or supplies may be purchased in the open market at the lowest price
99.27obtainable, or the emergency repairs may be contracted for or performed without securing
99.28formal competitive bids. An emergency, for purposes of this section, is unforeseen
99.29circumstances or conditions which result in the jeopardizing of human life or property.
99.30 In all contracts involving the employment of labor, the commissioners shall stipulate
99.31conditions they deem reasonable, as to the hours of labor and wages and may stipulate as
99.32to the residence of employees to be employed by the contractors.
99.33 Bonds shall be required from contractors for any works of construction as provided
99.34in and subject to all the provisions of sections574.26 to
574.31 .
100.1 Sec. 29. Minnesota Statutes 2006, section 469.068, is amended by adding a subdivision
100.2to read:
100.3 Subd. 1a. Contracts; best value alternative. As an alternative to the procurement
100.4method described in subdivision 1, a contract may be awarded to the vendor or contractor
100.5offering the best value under a request for proposals as described in section 16C.28,
100.6subdivision 1, paragraph (a), clause (2), and paragraph (c).
100.7 Sec. 30. Minnesota Statutes 2006, section 471.345, is amended by adding a subdivision
100.8to read:
100.9 Subd. 3a. Contracts over $50,000; best value alternative. As an alternative to the
100.10procurement method described in subdivision 3, municipalities may award a contract for
100.11construction, alteration, repair, or maintenance work to the vendor or contractor offering
100.12the best value under a request for proposals as described in section 16C.28, subdivision 1,
100.13paragraph (a), clause (2), and paragraph (c).
100.14 Sec. 31. Minnesota Statutes 2006, section 471.345, is amended by adding a subdivision
100.15to read:
100.16 Subd. 4a. Contracts from $10,000 to $50,000; best value alternative. As an
100.17alternative to the procurement method described in subdivision 4, municipalities may
100.18award a contract for construction, alteration, repair, or maintenance work to the vendor or
100.19contractor offering the best value under a request for proposals as described in section
100.2016C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).
100.21 Sec. 32. Minnesota Statutes 2006, section 471.345, subdivision 5, is amended to read:
100.22 Subd. 5. Contracts less than $10,000. If the amount of the contract is estimated
100.23to be $10,000 or less, the contract may be made either upon quotation or in the open
100.24market, in the discretion of the governing body. If the contract is made upon quotation
100.25it shall be based, so far as practicable, on at least two quotations which shall be kept on
100.26file for a period of at least one year after their receipt. Alternatively, municipalities may
100.27award a contract for construction, alteration, repair, or maintenance work to the vendor or
100.28contractor offering the best value under a request for proposals as described in section
100.2916C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).
100.30 Sec. 33. Minnesota Statutes 2006, section 473.523, is amended by adding a subdivision
100.31to read:
101.1 Subd. 1a. Contracts over $50,000; best value alternative. As an alternative to
101.2the procurement method described in subdivision 1, the council may issue a request for
101.3proposals and award the contract to the vendor or contractor offering the best value
101.4under a request for proposals as described in section 16C.28, subdivision 1, paragraph
101.5(a), clause (2), and paragraph (c).
101.6 Sec. 34. Minnesota Statutes 2006, section 473.756, subdivision 12, is amended to read:
101.7 Subd. 12. Contracts. The authority may enter into a development agreement with
101.8the team, the county, or any other entity relating to the construction, financing, and use of
101.9the ballpark and related facilities and public infrastructure. The authority may contract
101.10for materials, supplies, and equipment in accordance with sections471.345 and
473.754 ,
101.11except that the authority, with the consent of the county, may employ or contract with
101.12persons, firms, or corporations to perform one or more or all of the functions of architect,
101.13engineer, or construction manager with respect to all or any part of the ballpark and
101.14public infrastructure. Alternatively, at the request of the team and with the consent of the
101.15county, the authority shall authorize the team to provide for the design and construction
101.16of the ballpark and related public infrastructure, subject to terms of Laws 2006, chapter
101.17257. The construction manager may enter into contracts with contractors for labor,
101.18materials, supplies, and equipment for the construction of the ballpark and related public
101.19infrastructure through the process of public bidding, except that the construction manager
101.20may, with the consent of the authority or the team:
101.21 (1) narrow the listing of eligible bidders to those which the construction manager
101.22determines to possess sufficient expertise to perform the intended functions;
101.23 (2) award contracts to the contractors that the construction manager determines
101.24provide the best value under a request for proposals as described in section 16C.28,
101.25subdivision 1, paragraph (a), clause (2), and paragraph (c), which are not required to be
101.26the lowest responsible bidder; and
101.27 (3) for work the construction manager determines to be critical to the completion
101.28schedule, award contracts on the basis of competitive proposals or perform work with
101.29its own forces without soliciting competitive bids if the construction manager provides
101.30evidence of competitive pricing.
101.31The authority shall require that the construction manager certify, before the contract is
101.32signed, a fixed and stipulated construction price and completion date to the authority
101.33and post a performance bond in an amount at least equal to 100 percent of the certified
101.34price, to cover any costs which may be incurred in excess of the certified price, including
101.35but not limited to costs incurred by the authority or loss of revenues resulting from
102.1incomplete construction on the completion date. The authority may secure surety bonds
102.2as provided in section574.26 , securing payment of just claims in connection with all
102.3public work undertaken by it. Persons entitled to the protection of the bonds may enforce
102.4them as provided in sections574.28 to
574.32 , and shall not be entitled to a lien on any
102.5property of the authority under the provisions of sections514.01 to
514.16 . Contracts for
102.6construction and operation of the ballpark must include programs, including Youthbuild,
102.7to provide for participation by small local businesses and businesses owned by people of
102.8color, and the inclusion of women and people of color in the workforces of contractors
102.9and ballpark operators. The construction of the ballpark is a "project" as that term is
102.10defined in section177.42 , subdivision 2, and is subject to the prevailing wage law under
102.11sections177.41 to
177.43 .
102.14 Section 1. Minnesota Statutes 2006, section 200.02, subdivision 7, is amended to read:
102.15 Subd. 7. Major political party. (a) "Major political party" means a political party
102.16that maintains a party organization in the state, political division, or precinct in question
102.17and that has presented at least one candidate for election to the office of:
102.18 (1) governor and lieutenant governor, secretary of state, state auditor, or attorney
102.19general at the last preceding state general election for those offices; or
102.20 (2) presidential elector or U.S. senator at the last preceding state general election for
102.21presidential electors; and
102.22 whose candidate received votes in each county in that election and received votes
102.23from not less than five percent of the total number of individuals who voted in that election.
102.24 (b) "Major political party" also means a political party that maintains a party
102.25organization in the state, political subdivision, or precinct in question and that has
102.26presented at least 45 candidates for election to the office of state representative, 23
102.27candidates for election to the office of state senator, four candidates for election to
102.28the office of representative in Congress, and one candidate for election to each of the
102.29following offices: governor and lieutenant governor, attorney general, secretary of state,
102.30and state auditor, at the last preceding state general election for those offices.
102.31 (c) "Major political party" also means a political party that maintains a party
102.32organization in the state, political subdivision, or precinct in question and whose members
102.33present to the secretary of stateat any time before the close of filing for the state partisan
102.34primary ballot at least six weeks before the start of the filing period a petition for a place
102.35on the state partisan primary ballot, which petition contains signatures of a number of
103.1the party members equal to at least five percent of the total number of individuals who
103.2voted in the preceding state general election. The petition may be circulated at any time
103.3after January 1 and more than six weeks before the start of the filing period in the year
103.4the petition is submitted.
103.5 (d) A political party whose candidate receives a sufficient number of votes at a state
103.6general election described in paragraph (a) or a political party that presents candidates at
103.7an election as required by paragraph (b) becomes a major political party as of January
103.81 following that election and retains its major party status for at least two state general
103.9elections even if the party fails to present a candidate who receives the number and
103.10percentage of votes required under paragraph (a) or fails to present candidates as required
103.11by paragraph (b) at subsequent state general elections.
103.12 (e) A major political party whose candidates fail to receive the number and
103.13percentage of votes required under paragraph (a) and that fails to present candidates as
103.14required by paragraph (b) at each of two consecutive state general elections described by
103.15paragraph (a) or (b), respectively, loses major party status as of December 31 following
103.16the later of the two consecutive state general elections.
103.17 Sec. 2. Minnesota Statutes 2006, section 200.02, subdivision 23, is amended to read:
103.18 Subd. 23. Minor political party. (a) "Minor political party" means a political party
103.19that has adopted a state constitution, designated a state party chair, held a state convention
103.20in the last two years, filed with the secretary of state no later than December 31 following
103.21the most recent state general election a certification that the party has met the foregoing
103.22requirements, and met the requirements of paragraph (b) or (e), as applicable.
103.23 (b) To be considered a minor party in all elections statewide, the political party must
103.24have presented at least one candidate for election to the office of:
103.25 (1) governor and lieutenant governor, secretary of state, state auditor, or attorney
103.26general, at the last preceding state general election for those offices; or
103.27 (2) presidential elector or U.S. senator at the preceding state general election for
103.28presidential electors; and
103.29 who received votes in each county that in the aggregate equal at least one percent
103.30of the total number of individuals who voted in the election, or its members must have
103.31presented to the secretary of stateat any time before the close of filing for the state
103.32partisan primary ballot at least six weeks before the start of the filing period a nominating
103.33petition in a form prescribed by the secretary of state containing the signatures of party
103.34members in a number equal to at least one percent of the total number of individuals who
103.35voted in the preceding state general election. The petition may be circulated at any time
104.1after January 1 and more than six weeks before the start of the filing period in the year
104.2the petition is submitted.
104.3 (c) A political party whose candidate receives a sufficient number of votes at a
104.4state general election described in paragraph (b) becomes a minor political party as of
104.5January 1 following that election and retains its minor party status for at least two state
104.6general elections even if the party fails to present a candidate who receives the number
104.7and percentage of votes required under paragraph (b) at subsequent state general elections.
104.8 (d) A minor political party whose candidates fail to receive the number and
104.9percentage of votes required under paragraph (b) at each of two consecutive state general
104.10elections described by paragraph (b) loses minor party status as of December 31 following
104.11the later of the two consecutive state general elections.
104.12 (e) A minor party that qualifies to be a major party loses its status as a minor party
104.13at the time it becomes a major party. Votes received by the candidates of a major party
104.14must be counted in determining whether the party received sufficient votes to qualify as
104.15a minor party, notwithstanding that the party does not receive sufficient votes to retain
104.16its major party status. To be considered a minor party in an election in a legislative
104.17district, the political party must have presented at least one candidate for a legislative
104.18office in that district who received votes from at least ten percent of the total number of
104.19individuals who voted for that office, or its members must have presented to the secretary
104.20of state a nominating petition in a form prescribed by the secretary of state containing the
104.21signatures of party members in a number equal to at least ten percent of the total number
104.22of individuals who voted in the preceding state general election for that legislative office.
104.23 Sec. 3. Minnesota Statutes 2006, section 201.016, subdivision 1a, is amended to read:
104.24 Subd. 1a. Violations; penalty. (a) The county auditor shall mail a violation notice
104.25to any voter who the county auditor can determine has votedin a precinct other than the
104.26precinct in using an address at which the voter maintains does not maintain residence on
104.27election day. The notice must be in the form provided by the secretary of state. The
104.28county auditor shall also change the status of the voter in the statewide registration system
104.29to "challenged" and the voter shall be required to provide proof of residence to either the
104.30county auditor or to the election judges in the voter's precinct before voting in the next
104.31election. Any of the forms authorized by section201.061 for registration at the polling
104.32place may be used for this purpose.
104.33 (b) A voter who votes in a precinct other than the precinct in which the voter
104.34maintains residence after receiving an initial violation notice as provided in this
104.35subdivision is guilty of a petty misdemeanor.
105.1 (c) A voter who votes in a precinct other than the precinct in which the voter
105.2maintains residence after having been found to have committed a petty misdemeanor
105.3under paragraph (b) is guilty of a misdemeanor.
105.4 (d) Reliance by the voter on inaccurate information regarding the location of the
105.5voter's polling place provided by the state, county, or municipality is an affirmative
105.6defense to a prosecution under this subdivision.
105.7 Sec. 4. Minnesota Statutes 2006, section 201.056, is amended to read:
105.8201.056 SIGNATURE OF REGISTERED VOTER; MARKS ALLOWED.
105.9 An individual who is unable to write the individual's name shall be required to sign a
105.10registrationcard by making the individual's mark application in the manner provided by
105.11section 645.44, subdivision 14. If the individual registers in person and signs by making
105.12a mark, the clerk or election judge accepting the registration shall certify the mark by
105.13signing the individual's name. If the individual registers by mail and signs by making a
105.14mark, the mark shall be certified by having a voter registered in the individual's precinct
105.15sign the individual's name and the voter's own name and give the voter's own address.
105.16 Sec. 5. Minnesota Statutes 2006, section 201.061, subdivision 1, is amended to read:
105.17 Subdivision 1. Prior to election day. At any time except during the 20 days
105.18immediately preceding any regularly scheduled election, an eligible voter or any
105.19individual who will be an eligible voter at the time of the next election may register to
105.20vote in the precinct in which the voter maintains residence by completing a paper voter
105.21registration application as described in section201.071, subdivision 1 , and submitting
105.22it in person or by mail to the county auditor of that county or to the Secretary of State's
105.23Office. If the Web site maintained by the secretary of state provides, an individual who has
105.24a Minnesota driver's license, identification card, or learner's permit may register online.
105.25A registration that is received no later than 5:00 p.m. on the 21st day preceding any
105.26election shall be accepted. An improperly addressed or delivered registration application
105.27shall be forwarded within two working days after receipt to the county auditor of the
105.28county where the voter maintains residence. A state or local agency or an individual that
105.29accepts completed voter registration applications from a voter must submit the completed
105.30applications to the secretary of state or the appropriate county auditor within ten business
105.31days after the applications are dated by the voter.
105.32 For purposes of this section, mail registration is defined as a voter registration
105.33application delivered to the secretary of state, county auditor, or municipal clerk by the
105.34United States Postal Service or a commercial carrier.
106.1 Sec. 6. Minnesota Statutes 2006, section 201.061, is amended by adding a subdivision
106.2to read:
106.3 Subd. 1b. Prohibited methods of compensation; penalty. (a) No individual
106.4may be compensated for the solicitation, collection, or acceptance of voter registration
106.5applications from voters for submission to the secretary of state, a county auditor, or other
106.6local election official in a manner in which payment is calculated by multiplying (1)
106.7either a set or variable payment rate, by (2) the number of voter registration applications
106.8solicited, collected, or accepted.
106.9 (b) No individual may be deprived of compensation or have compensation
106.10automatically reduced exclusively for failure to solicit, collect, or accept a minimum
106.11number of voter registration applications and no individual may receive additional
106.12compensation for reaching or exceeding a minimum number of voter registration
106.13applications.
106.14 (c) A person who violates this subdivision is guilty of a petty misdemeanor.
106.15 Sec. 7. Minnesota Statutes 2006, section 201.061, subdivision 3, is amended to read:
106.16 Subd. 3. Election day registration. (a) The definitions in this paragraph apply
106.17to this subdivision:
106.18 (1) "current utility bill" means a utility bill dated within 30 days before the election
106.19day or due within 30 days before or after the election;
106.20 (2) "photo identification" means identification that displays the name and photo
106.21of an individual and that was issued by:
106.22 (i) another state for use as a driver's license or identification card;
106.23 (ii) a Minnesota college, university, or other postsecondary educational institution or
106.24high school as a student identification card; or
106.25 (iii) a tribal government of a tribe recognized by the Bureau of Indian Affairs, United
106.26States Department of the Interior;
106.27 (3) "residential facility" means transitional housing as defined in section256E.33,
106.28subdivision 1 ; a supervised living facility licensed by the commissioner of health under
106.29section144.50, subdivision 6 ; a nursing home as defined in section
144A.01, subdivision
106.305 ; a residence registered with the commissioner of health as a housing with services
106.31establishment as defined in section144D.01, subdivision 4 ; a veterans home operated by
106.32the board of directors of the Minnesota Veterans Homes under chapter 198; a residence
106.33licensed by the commissioner of human services to provide a residential program as
106.34defined in section245A.02, subdivision 14 ; a residential facility for persons with a
106.35developmental disability licensed by the commissioner of human services under section
107.1252.28 ; group residential housing as defined in section
256I.03, subdivision 3 ; a shelter
107.2for battered women as defined in section611A.37, subdivision 4 ; or a supervised
107.3publicly or privately operated shelter or dwelling designed to provide temporary living
107.4accommodations for the homeless; and
107.5 (4) "utility bill" means a written or electronic bill for gas, electricity, telephone,
107.6wireless telephone, cable television, satellite television, solid waste, water, sewer services,
107.7or an itemized rent statement.
107.8 (b) An individual who is eligible to vote may register on election day by appearing
107.9in person at the polling place for the precinct in which the individual maintains residence,
107.10by completing a registration application, making an oath in the form prescribed by the
107.11secretary of state and providing proof of residence. An individual may prove residence for
107.12purposes of registering by:
107.13 (1) presenting a driver's license or Minnesota identification card issued pursuant
107.14to section171.07 ;
107.15 (2) presenting:
107.16 (i) a photo identification; and
107.17 (ii) a current utility bill or lease, showing the individual's name and valid residential
107.18address in the precinct;
107.19 (3) 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, address, signature, and picture of the individual;
107.22(2) (4) presenting any document approved by the secretary of state as proper
107.23identification;
107.24(3) (5) presenting one of the following:
107.25 (i) a current valid student identification card from a postsecondary educational
107.26institution in Minnesota, if a list of students from that institution has been prepared under
107.27section135A.17 and certified to the county auditor in the manner provided in rules of
107.28the secretary of state; or
107.29 (ii) a current student fee statement that contains the student's valid address in the
107.30precinct together with apicture photo identification card; or
107.31(4) (6)(i) having a voter who is registered to vote in the precinct, or who is an
107.32employee employed by and working in a residential facility in the precinct and vouching
107.33for a resident in the facility, sign an oath in the presence of the election judge vouching that
107.34the voter or employee personally knows that the individual is a resident of the precinct. A
107.35voter who has been vouched for on election day may not sign a proof of residence oath
107.36vouching for any other individual on that election day. A voter who is registered to vote
108.1in the precinct may sign up to 15 proof-of-residence oaths on any election day. This
108.2limitation does not apply to an employee of a residential facility described in this clause.
108.3 (ii) The secretary of state shall provide a form for election judges to use in recording
108.4the number of individuals for whom a voter signs proof-of-residence oaths on election
108.5day. The form must include space for the maximum number of individuals for whom a
108.6voter may sign proof-of-residence oaths. For each proof-of-residence oath, the form
108.7must include a statement that the voter is registered to vote in the precinct, personally
108.8knows that the individual is a resident of the precinct, and is making the statement on
108.9oath. The form must include a space for the voter's printed name, signature, telephone
108.10number, and address.
108.11 The oath required by this subdivision and Minnesota Rules, part8200.9939 , must
108.12be attached to the voter registration applicationand the information on the oath must be
108.13recorded on the records of both the voter registering on election day and the voter who
108.14is vouching for the person's residence, and entered into the statewide voter registration
108.15system by the county auditor when the voter registration application is entered into that
108.16system.
108.17(b) The operator of a residential facility shall prepare a list of the names of its
108.18employees currently working in the residential facility and the address of the residential
108.19facility. The operator shall certify the list and provide it to the appropriate county auditor
108.20no less than 20 days before each election for use in election day registration.
108.21(c) "Residential facility" means transitional housing as defined in section
256E.33,
108.22subdivision 1
; a supervised living facility licensed by the commissioner of health under
108.23section
144.50, subdivision 6; a nursing home as defined in section
144A.01, subdivision
108.245
; a residence registered with the commissioner of health as a housing with services
108.25establishment as defined in section
144D.01, subdivision 4; a veterans home operated by
108.26the board of directors of the Minnesota Veterans Homes under chapter 198; a residence
108.27licensed by the commissioner of human services to provide a residential program as
108.28defined in section
245A.02, subdivision 14; a residential facility for persons with a
108.29developmental disability licensed by the commissioner of human services under section
108.30252.28; group residential housing as defined in section
256I.03, subdivision 3; a shelter
108.31for battered women as defined in section
611A.37, subdivision 4; or a supervised
108.32publicly or privately operated shelter or dwelling designed to provide temporary living
108.33accommodations for the homeless.
108.34(d) For tribal band members, an individual may prove residence for purposes of
108.35registering by:
109.1(1) presenting an identification card issued by the tribal government of a tribe
109.2recognized by the Bureau of Indian Affairs, United States Department of the Interior, that
109.3contains the name, address, signature, and picture of the individual; or
109.4(2) presenting an identification card issued by the tribal government of a tribe
109.5recognized by the Bureau of Indian Affairs, United States Department of the Interior, that
109.6contains the name, signature, and picture of the individual and also presenting one of the
109.7documents listed in Minnesota Rules, part
8200.5100, subpart 2, item B.
109.8 (c) An employee of a residential facility must prove employment with that
109.9facility by presenting a current identification card issued by the facility or other official
109.10documentation verifying the employee's current status with the facility on election day to
109.11be eligible to vouch for individuals residing in that facility.
109.12(e) (d) A county, school district, or municipality may require that an election judge
109.13responsible for election day registration initial each completed registration application.
109.14EFFECTIVE DATE.This section is effective September 1, 2007.
109.15 Sec. 8. Minnesota Statutes 2006, section 201.071, subdivision 1, is amended to read:
109.16 Subdivision 1. Form. A voter registration application mustbe of suitable size and
109.17weight for mailing and contain spaces for the following required information: voter's first
109.18name, middle name, and last name; voter's previous name, if any; voter's current address;
109.19voter's previous address, if any; voter's date of birth; voter's municipality and county of
109.20residence; voter's telephone number, if provided by the voter; date of registration; current
109.21and valid Minnesota driver's license number or Minnesota state identification number,
109.22or if the voter has no current and valid Minnesota driver's license or Minnesota state
109.23identification, and the last four digits of the voter's Social Security number; and voter's
109.24signature. The registration application may include the voter's e-mail address, if provided
109.25by the voter, and the voter's interest in serving as an election judge, if indicated by the
109.26voter. The application must also contain the following certification of voter eligibility:
109.27 "I certify that I:
109.28 (1) will be at least 18 years old on election day;
109.29 (2) am a citizen of the United States;
109.30 (3) will have resided in Minnesota for 20 days immediately preceding election day;
109.31 (4) maintain residence at the address given on the registration form;
109.32 (5) am not under court-ordered guardianship in which the court order revokes my
109.33right to vote;
109.34 (6) have not been found by a court to be legally incompetent to vote;
110.1 (7) have the right to vote because, if I have been convicted of a felony, my felony
110.2sentence has expired (been completed) or I have been discharged from my sentence; and
110.3 (8) have read and understand the following statement: that giving false information
110.4is a felony punishable by not more than five years imprisonment or a fine of not more
110.5than $10,000, or both."
110.6 The certification must include boxes for the voter to respond to the following
110.7questions:
110.8 "(1) Are you a citizen of the United States?" and
110.9 "(2) Will you be 18 years old on or before election day?"
110.10 And the instruction:
110.11 "If you checked 'no' to either of these questions, do not complete this form."
110.12 The form of the voter registration application and the certification of voter eligibility
110.13must be as provided in this subdivision and approved by the secretary of state. Voter
110.14registration forms authorized by the National Voter Registration Act must also be accepted
110.15as valid. The federal postcard application form must also be accepted as valid if it is not
110.16deficient and the voter is eligible to register in Minnesota.
110.17 An individual may use a voter registration application to apply to register to vote in
110.18Minnesota or to change information on an existing registration.
110.19 A paper voter registration application must include space for the voter's signature
110.20and be of suitable size and weight for mailing.
110.21 Sec. 9. Minnesota Statutes 2006, section 201.091, is amended by adding a subdivision
110.22to read:
110.23 Subd. 5a. Registration verification to registered voter. The secretary of state may
110.24provide for voter registration verification to a registered voter on the secretary of state's
110.25Web site. An individual using the verification service must provide the individual's name,
110.26address, and date of birth when requesting registration verification. If the verification
110.27information provided completely matches an active registration record in the statewide
110.28registration system, the individual must be informed that the individual is a registered
110.29voter and provided with the individual's polling place location. If the verification
110.30information provided does not completely match an active registration record in the
110.31statewide registration system, the individual must be informed that a registration record
110.32at the name and address provided cannot be retrieved and advised to contact the county
110.33auditor or secretary of state for further information.
110.34 Sec. 10. Minnesota Statutes 2006, section 201.091, subdivision 9, is amended to read:
111.1 Subd. 9. Restricted data. A list provided for public inspection or purchase, for
111.2jury selection, or in response to a law enforcement inquiry, must not include a voter's
111.3date of birth or any part of a voter's Social Security number, driver's license number,or
111.4identification card number, military identification card number, or passport number.
111.5 Sec. 11. Minnesota Statutes 2006, section 201.12, is amended to read:
111.6201.12 PROPER REGISTRATION; VERIFICATION BY MAIL;
111.7CHALLENGES.
111.8 Subdivision 1. Notice of registration. To prevent fraudulent voting and to eliminate
111.9excess names, the county auditor may mail to any registered voter a notice stating the
111.10voter's name and address as they appear in the registration files. The notice shall request
111.11the voter to notify the county auditor if there is any mistake in the information.
111.12 Subd. 2.Challenges Moved within state. If the notice is returned as undeliverable
111.13but with a permanent forwarding address in this state, the county auditor shall notify the
111.14auditor of the county where the voter resides. Upon receipt of the notice, the county
111.15auditor shall update the voter's address in the statewide voter registration system and mail
111.16to the voter the notice of registration required by section201.121, subdivision 2 . The
111.17notice must advise the voter that the voter's voting address has been changed and that the
111.18voter must notify the county auditor within 21 days if the new address is not what the
111.19voter intended to be their permanent address.
111.20 Subd. 3. Moved out of state. If the notice is returned as undeliverable but with a
111.21permanent forwarding address outside this state, the county auditor shall promptly mail
111.22to the voter at the forwarding address a notice advising the voter that the voter's voter
111.23registration in this state will be deleted unless the voter notifies the county auditor within
111.2421 days that the voter intends to retain the former address as the voter's permanent address.
111.25If the notice is not received by the deadline, the county auditor shall delete the registration.
111.26 Subd. 4. Challenges.Upon return of any nonforwardable mailing from an
111.27election official, the county auditor or the auditor's staff shall ascertain the name and
111.28address of that individual. If the individual is no longer at the address recorded in the
111.29statewide registration system If the notice is returned as undeliverable but with no
111.30forwarding address, the county auditor shall change the registrant's status to "challenged"
111.31in the statewide registration system. An individual challenged in accordance with this
111.32subdivision shall comply with the provisions of section204C.12 , before being allowed to
111.33vote. If a notice mailed at least 60 days after the return of the first nonforwardable mailing
111.34is also returned by the postal service, the county auditor shall change the registrant's status
111.35to "inactive" in the statewide registration system.
112.1EFFECTIVE DATE.This section is effective August 1, 2007.
112.2 Sec. 12. Minnesota Statutes 2006, section 201.13, subdivision 3, is amended to read:
112.3 Subd. 3. Use of change of address system.The county auditor may delete the
112.4records in the statewide registration system of voters whose change of address can be
112.5confirmed by the United States Postal Service. The secretary of state may provide the
112.6county auditors with periodic reports on voters whose change of address can be confirmed
112.7by the United States Postal Service.
112.8 (a) At least once each month the secretary of state shall obtain a list of individuals in
112.9this state who have filed with the United States Postal Service a change of their permanent
112.10address. If an individual is registered as a voter in the statewide voter registration system
112.11and the change is to another address in this state, the secretary of state shall transmit
112.12the registration by electronic means to the county auditor of the county where the voter
112.13resides. Upon receipt of the registration, the county auditor shall update the voter's
112.14address in the statewide voter registration system and mail to the voter the notice of
112.15registration required by section201.121, subdivision 2 . The notice must advise the voter
112.16that the voter's permanent address has been changed and that the voter must notify the
112.17county auditor within 21 days if the new address is not what the voter intended to be the
112.18voter's permanent address.
112.19 (b) If the change of permanent address is to a forwarding address outside this state,
112.20the secretary of state shall notify by electronic means the auditor of the county where the
112.21voter formerly resided that the voter has left the state. The county auditor shall promptly
112.22mail to the voter at the forwarding address a notice advising the voter that the voter's voter
112.23registration in this state will be deleted unless the voter notifies the county auditor within
112.2421 days that the voter intends to retain the former address as the voter's permanent address.
112.25If the notice is not received by the deadline, the county auditor shall delete the registration.
112.26EFFECTIVE DATE.This section is effective April 1, 2008.
112.27 Sec. 13. Minnesota Statutes 2006, section 201.161, is amended to read:
112.28201.161 AUTOMATIC REGISTRATION OF DRIVER'S LICENSE,
112.29INSTRUCTION PERMIT, AND IDENTIFICATION CARDAPPLICATIONS
112.30APPLICANTS.
112.31 Subdivision 1. Automatic registration. An individual who properly completes
112.32an application for a new or renewed Minnesota driver's license, instruction permit, or
113.1identification card, and who is eligible to vote under section201.014 , must be registered to
113.2vote as provided in this section, unless the applicant declines to be registered.
113.3 Subd. 2. Applications. TheDepartment commissioner of public safety, in
113.4consultation with the secretary of state, shall changeits the applications for an original,
113.5duplicate, or change of address driver's license, instruction permit, or identification card so
113.6that the forms may also serve as voter registration applications. The forms must contain
113.7spaces for all information collected by voter registration applications prescribed by the
113.8secretary of state and a box for the applicant to decline to be registered to vote.Applicants
113.9for driver's licenses or identification cards must be asked if they want to register to vote
113.10at the same time and that If the applicant has not declined to be registered to vote, the
113.11commissioner shall transmit the informationmust be transmitted at least weekly daily by
113.12electronic means to the secretary of state. Pursuant to the Help America Vote Act of 2002,
113.13Public Law 107-252, the computerized driver's license record containing the voter's name,
113.14address, date of birth, citizenship, driver's license number or state identification number,
113.15county,town, and city or town, and signature must be made available for access by the
113.16secretary of state and interaction with the statewide voter registration system.
113.17 Subd. 3. Registration. (a) The secretary of state shall determine whether the
113.18applicant is currently registered in the statewide voter registration system. For each
113.19currently registered voter whose registration is not changed, the secretary of state shall
113.20update the voter's registration date in the statewide voter registration system. For each
113.21currently registered voter whose registration is changed, the secretary of state shall
113.22transmit the registration daily by electronic means to the county auditor of the county
113.23where the voter resides.
113.24 (b) If the applicant is not currently registered in the statewide voter registration
113.25system, the secretary of state shall determine whether the applicant is 18 years of age or
113.26older and a citizen of the United States and compare the voter registration information
113.27received from the commissioner of public safety with the information on wards,
113.28incompetents, and felons received from the state court administrator under sections 201.15
113.29and 201.155, to determine whether the applicant is eligible to vote. If an applicant is
113.30less than 18 years of age, the secretary of state shall wait until the applicant has turned
113.3118 years of age to determine whether the applicant is eligible to vote. For each applicant
113.32the secretary of state determines is an eligible voter, the secretary of state shall transmit
113.33the registration daily by electronic means to the county auditor of the county where the
113.34voter resides.
113.35 Subd. 4. Notice. Upon receipt of the registration, the county auditor shall mail to
113.36the voter the notice of registration required by section201.121, subdivision 2 .
114.1 Subd. 5. Effective date. An application for registration that is dated during the 20
114.2days before an election in any jurisdiction within which the voter resides is not effective
114.3until the day after the election.
114.4 Sec. 14. Minnesota Statutes 2006, section 201.171, is amended to read:
114.5201.171 POSTING VOTING HISTORY; FAILURE TO VOTE;
114.6REGISTRATION REMOVED.
114.7 Within six weeks after every election, the county auditor shall post the voting
114.8history for every person who voted in the election. After the close of the calendar year, the
114.9secretary of state shall determine if any registrants have not voted during the preceding
114.10four six years. The secretary of state shall perform list maintenance by changing the status
114.11of those registrants to "inactive" in the statewide registration system. The list maintenance
114.12performed must be conducted in a manner that ensures that the name of each registered
114.13voter appears in the official list of eligible voters in the statewide registration system.
114.14A voter must not be removed from the official list of eligible voters unless the voter is
114.15not eligible or is not registered to vote. List maintenance must include procedures for
114.16eliminating duplicate names from the official list of eligible voters.
114.17 The secretary of state shall also prepare a report to the county auditor containing the
114.18names of all registrants whose status was changed to "inactive."
114.19 Registrants whose status was changed to "inactive" must register in the manner
114.20specified in section201.054 before voting in any primary, special primary, general, school
114.21district, or special election, as required by section201.018 .
114.22 Although not counted in an election, a late or rejected absentee or mail ballot must
114.23be considered a vote for the purpose of continuing registration.
114.24 Sec. 15. Minnesota Statutes 2006, section 203B.02, subdivision 1, is amended to read:
114.25 Subdivision 1.Unable to go to polling place Eligibility for absentee voting. (a)
114.26Any eligible voterwho reasonably expects to be unable to go to the polling place on
114.27election day in the precinct where the individual maintains residence because of absence
114.28from the precinct; illness, including isolation or quarantine under sections
144.419
114.29to
144.4196 or United States Code, title 42, sections 264 to 272; disability; religious
114.30discipline; observance of a religious holiday; or service as an election judge in another
114.31precinct may vote by absentee ballot as provided in sections
203B.04 to
203B.15 .
114.32(b) If the governor has declared an emergency and filed the declaration with the
114.33secretary of state under section
12.31, and the declaration states that the emergency has
114.34made it difficult for voters to go to the polling place on election day, any voter in a
115.1precinct covered by the declaration may vote by absentee ballot as provided in sections
115.2203B.04 to
203B.15.
115.3EFFECTIVE DATE.This section is effective April 1, 2008.
115.4 Sec. 16. Minnesota Statutes 2006, section 203B.04, subdivision 1, is amended to read:
115.5 Subdivision 1. Application procedures. Except as otherwise allowed by
115.6subdivision 2, an application for absentee ballots for any election may be submitted at
115.7any time not less than one day before the day of that election. The county auditor shall
115.8prepare absentee ballot application forms in the format provided by the secretary of state,
115.9notwithstanding rules on absentee ballot forms, and shall furnish them to any person on
115.10request. By January 1 of each even-numbered year, the secretary of state shall make the
115.11forms to be used available to auditors through electronic means. An application submitted
115.12pursuant to this subdivision shall be in writing and shall be submitted to:
115.13(a) (1) the county auditor of the county where the applicant maintains residence; or
115.14(b) (2) the municipal clerk of the municipality, or school district if applicable, where
115.15the applicant maintains residence.
115.16 An application shall be approved if it is timely received, signed and dated by the
115.17applicant, contains the applicant's name and residence and mailing addresses, and states
115.18that the applicant is eligible to vote by absentee ballotfor one of the reasons specified in
115.19section
203B.02
115.20must not be made available for public inspection. An application may be submitted to
115.21the county auditor or municipal clerk by an electronic facsimile device. An application
115.22mailed or returned in person to the county auditor or municipal clerk on behalf of a voter
115.23by a person other than the voter must be deposited in the mail or returned in person to
115.24the county auditor or municipal clerk within ten days after it has been dated by the voter
115.25and no later than six days before the election. The absentee ballot applications or a list of
115.26persons applying for an absentee ballot may not be made available for public inspection
115.27until the close of voting on election day.
115.28 An application under this subdivision may contain an application under subdivision
115.295 to automatically receive an absentee ballot application.
115.30EFFECTIVE DATE.This section is effective April 1, 2008.
115.31 Sec. 17. Minnesota Statutes 2006, section 203B.04, subdivision 6, is amended to read:
115.32 Subd. 6. Ongoing absentee status; termination; rules. (a) An eligible voter
115.33may apply to a county auditor or municipal clerk for status as an ongoing absentee voter
116.1who reasonably expects to meet the requirements of section
203B.02, subdivision 1
116.2The voter may decline to receive an absentee ballot for one or more elections, provided
116.3the request is received by the county auditor or municipal clerk at least five days before
116.4the deadline in section 204B.35 for delivering ballots for the election to which it applies.
116.5Each applicant must automatically be provided with an absentee ballotapplication for
116.6each ensuing election, other than an election by mail conducted under section204B.45 ,
116.7or as otherwise requested by the voter, and must have the status of ongoing absentee voter
116.8indicated on the voter's registration record.
116.9 (b) Ongoing absentee voter status ends on:
116.10 (1) the voter's written request;
116.11 (2) the voter's death;
116.12 (3) return of an ongoing absentee ballot as undeliverable;
116.13 (4) a change in the voter's status so that the voter is not eligible to vote under section
116.14201.15
or
201.155 ; or
116.15 (5) placement of the voter's registration on inactive status under section201.171 .
116.16 (c) The secretary of state shall adopt rules governing procedures under this
116.17subdivision.
116.18EFFECTIVE DATE.This section is effective April 1, 2008.
116.19 Sec. 18. Minnesota Statutes 2006, section 203B.06, subdivision 3, is amended to read:
116.20 Subd. 3. Delivery of ballots. (a) If an application for absentee ballots is accepted
116.21at a time when absentee ballots are not yet available for distribution, the county auditor,
116.22or municipal clerk accepting the application shall file it and as soon as absentee ballots
116.23are available for distribution shall mail them to the address specified in the application.
116.24If an application for absentee ballots is accepted when absentee ballots are available for
116.25distribution, the county auditor or municipal clerk accepting the application shall promptly:
116.26 (1) mail the ballots to the voter whose signature appears on the application if the
116.27application is submitted by mail and does not request commercial shipping under clause
116.28(2);
116.29 (2) ship the ballots to the voter using a commercial shipper requested by the voter at
116.30the voter's expense;
116.31 (3) deliver the absentee ballots directly to the voter if the application is submitted in
116.32person; or
116.33 (4) deliver the absentee ballots in a sealed transmittal envelope to an agent who has
116.34been designated to bring the ballots, as provided in section 203B.11, subdivision 4, to a
116.35voter whois would have difficulty getting to the polls because of health reasons, or who is
117.1disabled, a patient in a health care facility,as provided in section
203B.11, subdivision
117.24
, a resident of a facility providing assisted living services governed by chapter 144G, a
117.3participant in a residential program for adults licensed under section245A.02, subdivision
117.414 , or a resident of a shelter for battered women as defined in section
611A.37, subdivision
117.54 .
117.6 (b) If an application does not indicate the election for which absentee ballots are
117.7sought, the county auditor or municipal clerk shall mail or deliver only the ballots for
117.8the next election occurring after receipt of the application. Only one set of ballots may
117.9be mailed, shipped, or delivered to an applicant for any election, except as provided in
117.10section203B.13, subdivision 2 , or when a replacement ballot has been requested by the
117.11voter for a ballot that has been spoiled or lost in transit.
117.12EFFECTIVE DATE.This section is effective August 1, 2007.
117.13 Sec. 19. Minnesota Statutes 2006, section 203B.07, subdivision 2, is amended to read:
117.14 Subd. 2. Design of envelopes. The return envelope shall be of sufficient size
117.15to conveniently enclose and contain the ballot envelope and a voter registrationcard
117.16application folded along its perforations. The return envelope shall be designed to open
117.17on the left-hand end.Notwithstanding any rule to the contrary, the return envelope must
117.18be designed in one of the following ways:
117.19(1) it must be of sufficient size to contain an additional envelope that when sealed,
117.20conceals the signature, identification, and other information; or
117.21(2) it must provide an additional flap that when sealed, conceals the signature,
117.22identification, and other information. Election officials may open the flap or the additional
117.23envelope at any time after receiving the returned ballot to inspect the returned certificate
117.24for completeness or to ascertain other information. A certificate of eligibility to vote by
117.25absentee ballot shall be printed on the back of the envelope. The certificate shall contain
117.26a statement to be signed and sworn by the voter indicating that the voter meets all of
117.27the requirements established by law for voting by absentee ballot. If the voter was not
117.28previously registered, the certificate shall also contain a statement signed by a person who
117.29is registered to vote in Minnesota or by a notary public or other individual authorized
117.30to administer oaths stating that:
117.31(a) (i) the ballots were displayed to that individual unmarked;
117.32(b) (ii) the voter marked the ballots in that individual's presence without showing
117.33how they were marked, or, if the voter was physically unable to mark them, that the voter
117.34directed another individual to mark them; and
118.1(c) if the voter was not previously registered, (iii) the voter has provided proof of
118.2residence as required by section201.061, subdivision 3 .
118.3 The county auditor or municipal clerk shall affix first class postage to the return
118.4envelopes.
118.5EFFECTIVE DATE.This section is effective April 1, 2008.
118.6 Sec. 20. Minnesota Statutes 2006, section 203B.081, is amended to read:
118.7203B.081 LOCATIONS FOR ABSENTEE VOTING IN PERSON.
118.8 An eligible voter may vote by absentee ballot during the 30 days before the election
118.9in the office of the county auditor and at any other polling place designated by the county
118.10auditor. The county auditor shall make such designations at least 90 days before the
118.11election. At least one voting booth and at least one electronic ballot marker in each polling
118.12place must be made available by the county auditor for this purpose.
118.13 Sec. 21. Minnesota Statutes 2006, section 203B.11, subdivision 4, is amended to read:
118.14 Subd. 4. Agent delivery of ballots. During thefour seven days preceding an
118.15election and until 2:00 p.m. on election day, an eligible voter whois would have difficulty
118.16getting to the polls because of health reasons, or who is disabled, a patient of a health care
118.17facility, a resident of a facility providing assisted living services governed by chapter
118.18144G, a participant in a residential program for adults licensed under section245A.02 ,
118.19subdivision 14, or a resident of a shelter for battered women as defined in section611A.37 ,
118.20subdivision 4, may designate an agent to deliver the ballots to the voter from the county
118.21auditor or municipal clerk. A candidate at the election may not be designated as an agent.
118.22The voted ballots must be returned to the county auditor or municipal clerk no later than
118.233:00 p.m. on election day. The voter must complete an affidavit requesting the auditor or
118.24clerk to provide the agent with the ballots in a sealed transmittal envelope. The affidavit
118.25must include a statement from the voter stating that the ballots were delivered to the voter
118.26by the agent in the sealed transmittal envelope. An agent may deliver ballots to no more
118.27than three persons in any election. The secretary of state shall provide samples of the
118.28affidavit and transmission envelope for use by the county auditors.
118.29EFFECTIVE DATE.This section is effective August 1, 2007.
118.30 Sec. 22. Minnesota Statutes 2006, section 203B.12, subdivision 4, is amended to read:
118.31 Subd. 4. Placement in container; opening and counting of ballots. The ballot
118.32envelopes from return envelopes marked "Accepted" shall be placed by the election
119.1judges in a separate absentee ballot container. The container and each ballot envelope may
119.2be opened only afterthe last regular mail delivery by the United States postal service
119.3noon on election day. The ballots shall then be initialed by the election judges in the
119.4same manner as ballots delivered by them to voters in person and shall be deposited in
119.5the appropriate ballot box.
119.6 If more than one ballot of any kind is enclosed in the ballot envelope, none of the
119.7ballots of that kind shall be counted but all ballots of that kind shall be returned in the
119.8manner provided by section204C.25 for return of spoiled ballots.
119.9 Sec. 23. Minnesota Statutes 2006, section 203B.13, subdivision 1, is amended to read:
119.10 Subdivision 1. Establishment. The governing body of any countythat has
119.11established a counting center as provided in section
206.85, subdivision 2
119.12municipality, or any school district may by ordinance or resolution, authorize an absentee
119.13ballot board. The board shall consist of a sufficient number of election judges appointed as
119.14provided in sections204B.19 to
204B.22 .
119.15 Sec. 24. Minnesota Statutes 2006, section 203B.13, subdivision 2, is amended to read:
119.16 Subd. 2. Duties. The absentee ballot board maydo any of the following:
119.17(a) receive from each precinct in the municipality or school district all ballot
119.18envelopes marked "Accepted" by the election judges; provided that the governing body of
119.19a municipality or the school board of a school district may authorize the board to examine
119.20all return absentee ballot envelopes andreceive accept or reject absentee ballots in the
119.21manner provided in section203B.12 ;.
119.22(b) open and count the absentee ballots, tabulating the vote in a manner that indicates
119.23each vote of the absentee voter and the total absentee vote cast for each candidate or
119.24question in each precinct; or
119.25(c) report the vote totals tabulated for each precinct.
119.26 The absentee ballot board may begin the process of examining the return envelopes
119.27and marking them "accepted" or "rejected" at any time during the 30 days before the
119.28election. If an envelope has been rejected at least five days before the election, the
119.29ballots in the envelope must be considered spoiled ballots and the official in charge of the
119.30absentee ballot board shall provide the voter with a replacement absentee ballot and return
119.31envelope in place of the spoiled ballot.The secretary of state shall provide samples of the
119.32replacement ballot and return envelope for use by the county auditor.
119.33 Sec. 25. Minnesota Statutes 2006, section 203B.16, subdivision 2, is amended to read:
120.1 Subd. 2. Permanent residence outside United States. Sections203B.16 to
120.2203B.27
provide the exclusive voting procedure for United States citizens who are
120.3living permanently outside the territorial limits of the United States who meet all the
120.4qualifications of an eligible voter except residence in Minnesota, but who are authorized
120.5by federal law to vote in Minnesota because they maintained residence in Minnesota for
120.6at least 20 days immediately prior to their departure from the United States or because,
120.7although they have never resided in the United States, they have a parent who is eligible to
120.8vote in Minnesota. Individuals described in this subdivision shall be permitted to vote
120.9only for the offices of president, vice-president, senator in Congress, and representative in
120.10Congress.
120.11EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.
120.12 Sec. 26. Minnesota Statutes 2006, section 203B.17, subdivision 2, is amended to read:
120.13 Subd. 2. Required information. An application shall be accepted if it contains the
120.14following information stated under oath:
120.15 (a) the voter's name, birthdate, and present address of residence in Minnesota, or
120.16former address of residence in Minnesota if the voter is living permanently outside the
120.17United States;
120.18 (b) a statement indicating that the voter is in the military, or is the spouse or
120.19dependent of an individual serving in the military, or is temporarily outside the territorial
120.20limits of the United States, or is living permanently outside the territorial limits of the
120.21United States and voting under federal law;
120.22 (c) a statement that the voter expects to be absent from the precinct at the time
120.23of the election;
120.24 (d) the address to which absentee ballots are to be mailed;
120.25 (e) the voter's signature or the signature and relationship of the individual authorized
120.26to apply on the voter's behalf; and
120.27 (f) the voter's military identification card number, passport number, or Minnesota
120.28driver's license or state identification card number,; if the voter does not have a valid
120.29passport or identification card, the signed statement of an individual authorized to
120.30administer oaths or a commissioned or noncommissioned officer of the military not
120.31below the rank of sergeant or its equivalent, certifying that the voter or other individual
120.32requesting absentee ballots has attested to the truthfulness of the contents of the application
120.33under oath.
120.34The oath taken must be the standard oath prescribed by section 101(b)(7) of the
120.35Uniformed and Overseas Citizens Absentee Voting Act.
121.1A form for providing this information shall be prepared by each county auditor and
121.2shall be furnished to individuals who request it pursuant to this section. access to any of
121.3these documents, the voter may attest to the truthfulness of the contents of the application
121.4under penalty of perjury.
121.5EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.
121.6 Sec. 27. Minnesota Statutes 2006, section 203B.21, subdivision 2, is amended to read:
121.7 Subd. 2. Mailing of ballots; return. Ballots and instructions for marking them,
121.8ballot envelopes, and return envelopes shall be sent by first class mail to addresses within
121.9the continental United States and by air mail to addresses outside the continental United
121.10States, unless the voter requests to have the ballot, instructions, and certificate of voter
121.11eligibility sent electronically, as provided for by section 203B.225. The ballot envelope
121.12and return envelope shall be marked "Official Ballot," and shall contain sufficient postage
121.13to assure proper return delivery. The return envelope shall be addressed to comply with any
121.14method for return of absentee ballots as authorized under section203B.08, subdivision 2 .
121.15EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.
121.16 Sec. 28. Minnesota Statutes 2006, section 203B.21, subdivision 3, is amended to read:
121.17 Subd. 3. Back of return envelope. On the back of the return envelope an affidavit
121.18form shall appear with space for:
121.19 (a) the voter's address of present or former residence in Minnesota;
121.20 (b) a statement indicating the category described in section203B.16 to which the
121.21voter belongs;
121.22 (c) a statement that the voter has not cast and will not cast another absentee ballot
121.23in the same election or elections;
121.24 (d) a statement that the voter personally marked the ballots without showing them to
121.25anyone, or if physically unable to mark them, that the voter directed another individual
121.26to mark them; and
121.27 (e) the same voter's military identification card number, passport number, or
121.28Minnesota driver's license or state identification card number as provided on the absentee
121.29ballot application,; if the voter does not have a valid passport or identification card,
121.30the signature and certification of an individual authorized to administer oaths under
121.31federal law or the law of the place where the oath was administered or commissioned or
121.32noncommissioned personnel of the military not below the rank of sergeant or its equivalent
122.1access to any of these documents, the voter may attest to the truthfulness of the contents of
122.2the application under penalty of perjury.
122.3 The affidavit shall also contain a signed and dated oath in the form required by
122.4section 705 of the Help America Vote Act, Public Law 107-252, which must read:
122.5 "I swear or affirm, under penalty of perjury, that:
122.6 I am a member of the uniformed services or merchant marine on active duty or
122.7an eligible spouse or dependent of such a member; a United States citizen temporarily
122.8residing outside the United States; or other United States citizen residing outside the
122.9United States; and I am a United States citizen, at least 18 years of age (or will be by the
122.10date of the election), and I am eligible to vote in the requested jurisdiction; I have not
122.11been convicted of a felony, or other disqualifying offense, or been adjudicated mentally
122.12incompetent, or, if so, my voting rights have been reinstated; and I am not registering,
122.13requesting a ballot, or voting in any other jurisdiction in the United States except the
122.14jurisdiction cited in this voting form. In voting, I have marked and sealed my ballot in
122.15private and have not allowed any person to observe the marking of the ballot, except for
122.16those authorized to assist voters under state or federal law. I have not been influenced.
122.17 My signature and date below indicate when I completed this document.
122.18 The information on this form is true, accurate, and complete to the best of my
122.19knowledge. I understand that a material misstatement of fact in completion of this
122.20document may constitute grounds for a conviction for perjury."
122.21EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.
122.22 Sec. 29. Minnesota Statutes 2006, section 203B.22, is amended to read:
122.23203B.22 MAILING BALLOTS.
122.24 The county auditor shall mail the appropriate ballots, as promptly as possible, to an
122.25absent voter whose application has been recorded under section203B.19 . If the county
122.26auditor determines that a voter is not eligible to vote at the primary but will be eligible to
122.27vote at the general election, only general election ballots shall be mailed. Only one set of
122.28ballots shall be mailed to any applicant for any election, except that the county auditor
122.29may mail a replacement ballot to a voter whose ballot has been spoiled or lost in transit
122.30or whose mailing address has changed after the date on which the original application
122.31was submitted as confirmed by the county auditor. Ballots to be sent outside the United
122.32States shall be given priority in mailing. A county auditor may make use of any special
122.33service provided by the United States government for the mailing of voting materials
122.34under sections203B.16 to
203B.27 .
123.1EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.
123.2 Sec. 30. [203B.225] TRANSMITTING AND RETURNING BALLOTS.
123.3 Subdivision 1. Transmitting ballot and voter certification. Upon receipt of a
123.4properly completed application, the county auditor may electronically transmit to the voter
123.5the appropriate ballots, instructions, and affidavit form and certification of voter eligibility
123.6provided in section 203B.21, subdivision 3.
123.7 Subd. 2. Returning voted ballots. The voter must return the voted ballots and the
123.8certificate of voter eligibility to the county auditor in a sealed envelope. Upon receipt
123.9of a ballot, the county auditor must immediately compare the information provided on
123.10the absentee ballot application with the information provided on the certificate of voter
123.11eligibility. After the information on the certificate of voter eligibility has been verified,
123.12the certificate must be attached to the ballot secrecy envelope and placed with the other
123.13absentee ballots for the precinct in which the voter resides.
123.14 Subd. 3. Rejecting transmitted ballots. If the county auditor cannot verify that the
123.15ballots were returned by the same person to whom the absentee ballot application was
123.16transmitted, the ballots must be rejected and no votes on the ballots may be counted.
123.17EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.
123.18 Sec. 31. [203B.227] WRITE-IN ABSENTEE BALLOT.
123.19 An eligible voter who will be outside the territorial limits of the United States during
123.20the 180 days prior to the state general election may use the federal write-in absentee ballot
123.21to vote in any federal, state, or local election.
123.22EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.
123.23 Sec. 32. Minnesota Statutes 2006, section 203B.24, subdivision 1, is amended to read:
123.24 Subdivision 1. Check of voter eligibility; proper execution of affidavit. Upon
123.25receipt of an absentee ballot returned as provided in sections203B.16 to
203B.27 , the
123.26election judges shall compare the voter's name with the names appearing on their copy of
123.27the application records to insure that the ballot is from a voter eligible to cast an absentee
123.28ballot under sections203B.16 to
203B.27 . The election judges shall mark the return
123.29envelope "Accepted" and initial or sign the return envelope below the word "Accepted" if
123.30the election judges are satisfied that:
123.31 (1) the voter's name on the return envelope appears in substantially the same form as
123.32on the application records provided to the election judges by the county auditor;
124.1 (2) the voter has signed the federal oath prescribed pursuant to section 705(b)(2) of
124.2the Help America Vote Act, Public Law 107-252;
124.3 (3) the voter has set forth the same voter's military identification numberor, passport
124.4number, or, if those numbers do not appear, a person authorized to administer oaths under
124.5federal law or the law of the place where the oath was administered or a witness who is
124.6military personnel with a rank at or above the rank of sergeant or its equivalent has signed
124.7the ballot Minnesota driver's license or state identification card number as submitted on
124.8the application, if the voter has one of these documents; and
124.9 (4) the voter has not already voted at that election, either in person or by absentee
124.10ballot.
124.11 An absentee ballot case pursuant to sections203B.16 to
203B.27 may only be
124.12rejected for the lack of one of clauses (1) to (4). In particular, failure to place the ballot
124.13within the security envelope before placing it in the outer white envelope is not a reason to
124.14reject an absentee ballot.
124.15 Election judges must note the reason for rejection on the back of the envelope in the
124.16space provided for that purpose.
124.17 Failure to return unused ballots shall not invalidate a marked ballot, but a ballot
124.18shall not be counted if the affidavit on the return envelope is not properly executed. In
124.19all other respects the provisions of the Minnesota Election Law governing deposit and
124.20counting of ballots shall apply.
124.21EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.
124.22 Sec. 33. [203B.28] EMERGENCY POWERS.
124.23 (a) If the governor has declared an emergency and filed the declaration with the
124.24secretary of state under section 12.31, or if a natural disaster or armed conflict involving
124.25the United States Armed Forces, or mobilization of those forces, including National Guard
124.26and reserve components of this state, makes substantial compliance with the Uniformed
124.27and Overseas Citizens Absentee Voting Act impossible or unreasonable, the secretary of
124.28state may prescribe, by emergency orders, special procedures or requirements necessary to
124.29facilitate absentee voting by those citizens directly affected who otherwise are eligible
124.30to vote in this state.
124.31 (b) The secretary of state shall adopt rules describing the emergency powers and the
124.32situations in which the powers must be exercised.
124.33EFFECTIVE DATE.Paragraph (a) is effective for elections held after April 1,
124.342008. Paragraph (b) is effective the day following final enactment.
125.1 Sec. 34. Minnesota Statutes 2006, section 204B.06, subdivision 1, is amended to read:
125.2 Subdivision 1. Form of affidavit. An affidavit of candidacy shall state the name of
125.3the office sought and, except as provided in subdivision 4, shall state that the candidate:
125.4 (1) is an eligible voter;
125.5 (2) has no other affidavit on file as a candidate for any office at the same primary
125.6or next ensuing general election, except that a candidate for soil and water conservation
125.7district supervisor in a district not located in whole or in part in Anoka, Hennepin,
125.8Ramsey, or Washington County, may also have on file an affidavit of candidacy for
125.9mayor or council member of a statutory or home rule charter city of not more than 2,500
125.10population contained in whole or in part in the soil and water conservation district or for
125.11town supervisor in a town of not more than 2,500 population contained in whole or in part
125.12in the soil and water conservation district; and
125.13 (3) is, or will be on assuming the office, 21 years of age or more, and will have
125.14maintained residence in the district from which the candidate seeks election for 30 days
125.15before the general election.
125.16 An affidavit of candidacy must include a statement that the candidate's name as
125.17written on the affidavit for ballot designation is the candidate's true name or the name by
125.18which the candidate is commonly and generally known in the community.
125.19 An affidavit of candidacy for partisan office shall also state the name of the
125.20candidate's political party or political principle, stated in three words or less. Except as
125.21provided in section 204B.09, subdivision 1a, the affidavit of candidacy must include an
125.22original signature of the candidate.
125.23 Sec. 35. Minnesota Statutes 2006, section 204B.09, subdivision 1, is amended to read:
125.24 Subdivision 1. Candidates in state and county general elections. (a) Except as
125.25otherwise provided by this subdivision, affidavits of candidacy and nominating petitions
125.26for county, state, and federal offices filled at the state general election shall be filed not
125.27more than 70 days nor less than 56 days before the state primary. The affidavit may
125.28be prepared and signed at any time between 60 days before the filing period opens and
125.29the last day of the filing period.
125.30 (b) Notwithstanding other law to the contrary, the affidavit of candidacy must be
125.31signed in the presence of a notarial officer or an individual authorized to administer oaths
125.32under section358.10 .
125.33 (c) This provision does not apply to candidates for presidential elector nominated
125.34by major political parties. Major party candidates for presidential elector are certified
125.35under section208.03 . Other candidates for presidential electors may file petitions on or
126.1before the state primary day pursuant to section204B.07, but no earlier than 70 days
126.2before the state primary . Nominating petitions to fill vacancies in nominations shall be
126.3filed as provided in section204B.13 . No affidavit or petition shall be accepted later than
126.45:00 p.m. on the last day for filing.
126.5 (d) Affidavits and petitions for county officesto be voted on in only one county shall
126.6must be filed with the county auditor of that county. Affidavits and petitions for federal
126.7officesto be voted on in more than one county shall must be filed with the secretary of
126.8state. Affidavits and petitions for state offices must be filed with the secretary of state or
126.9with the county auditor of the county in which the candidate resides.
126.10 Sec. 36. Minnesota Statutes 2006, section 204B.09, subdivision 1a, is amended to read:
126.11 Subd. 1a. Absent candidates. (a) A candidate for special district, county, state,
126.12or federal office who will be absent from the state during the filing period may submit
126.13a properly executed affidavit of candidacy, the appropriate filing fee, and any necessary
126.14petitions in person to the filing officer. The candidate shall state in writing the reason for
126.15being unable to submit the affidavit during the filing period. The affidavit, filing fee,
126.16and petitions must be submitted to the filing officer during the seven days immediately
126.17preceding the candidate's absence from the state. Nominating petitions may be signed
126.18during the 14 days immediately preceding the date when the affidavit of candidacy is filed.
126.19 (b) In extraordinary circumstances beyond the candidate's control that prevent
126.20the candidate from filing an affidavit of candidacy authenticated by the candidate's
126.21handwritten or other signature meeting the requirements of section 645.44, subdivision 14,
126.22the affidavit of candidacy may be filed electronically with the secretary of state along with
126.23a written statement of the extraordinary circumstances. The affidavit and statement may be
126.24authenticated either by the electronic facsimile signature of the candidate, by an electronic
126.25signature consisting of a password assigned by the secretary of state, or by another form of
126.26electronic signature approved by the secretary of state. The secretary of state may adopt
126.27rules governing the electronic filing of an affidavit of candidacy under this paragraph.
126.28 Sec. 37. Minnesota Statutes 2006, section 204B.09, subdivision 3, is amended to read:
126.29 Subd. 3. Write-in candidates. (a) A candidate for county, state, or federal office
126.30who wants write-in votes for the candidate to be counted must file a written request with
126.31the filing office for the office sought no later than thefifth seventh day before the general
126.32election. The filing officer shall provide copies of the form to make the request.
126.33 (b) A candidate for president of the United States who files a request under this
126.34subdivision must include the name of a candidate for vice-president of the United States.
127.1The request must also include the name of at least one candidate for presidential elector.
127.2The total number of names of candidates for presidential elector on the request may not
127.3exceed the total number of electoral votes to be cast by Minnesota in the presidential
127.4election.
127.5 (c) A candidate for governor who files a request under this subdivision must include
127.6the name of a candidate for lieutenant governor.
127.7 Sec. 38. Minnesota Statutes 2006, section 204B.11, subdivision 2, is amended to read:
127.8 Subd. 2. Petition in place of filing fee. At the time of filing an affidavit of
127.9candidacy, a candidate may present a petition in place of the filing fee. The petition may be
127.10circulated from the date of precinct caucuses to the end of the period for filing affidavits of
127.11candidacy. The petition may be signed by any individual eligible to vote for the candidate.
127.12A nominating petition filed pursuant to section204B.07 or
204B.13, subdivision 4 , is
127.13effective as a petition in place of a filing fee if the nominating petition includes a prominent
127.14statement informing the signers of the petition that it will be used for that purpose.
127.15 The number of signatures on a petition in place of a filing fee shall be as follows:
127.16 (a) for a state office voted on statewide, or for president of the United States, or
127.17United States senator, 2,000;
127.18 (b) for a congressional office, 1,000;
127.19 (c) for a county or legislative office, or for the office of district judge, 500; and
127.20 (d) for any other office which requires a filing fee as prescribed by law, municipal
127.21charter, or ordinance, the lesser of 500 signatures or five percent of the total number of
127.22votes cast in the municipality, ward, or other election district at the preceding general
127.23election at which that office was on the ballot.
127.24 An official with whom petitions are filed shall make sample forms for petitions in
127.25place of filing fees available upon request.
127.26 Sec. 39. Minnesota Statutes 2006, section 204B.16, subdivision 1, is amended to read:
127.27 Subdivision 1. Authority; location. The governing body of each municipality and
127.28of each county with precincts in unorganized territory shall designate by ordinance or
127.29resolution a polling place for each election precinct. Polling places must be designated
127.30and ballots must be distributed so that no one is required to go to more than one polling
127.31place to vote in a school district and municipal election held on the same day. The polling
127.32place for a precinct in a city or in a school district located in whole or in part in the
127.33metropolitan area defined by section200.02, subdivision 24 , shall be located within the
127.34boundaries of the precinct or within3,000 feet one mile of one of those boundaries unless
128.1a single polling place is designated for a city pursuant to section204B.14, subdivision
128.22 , or a school district pursuant to section
205A.11 . The polling place for a precinct in
128.3unorganized territory may be located outside the precinct at a place which is convenient to
128.4the voters of the precinct. If no suitable place is available within a town or within a school
128.5district located outside the metropolitan area defined by section200.02, subdivision 24 ,
128.6then the polling place for a town or school district may be located outside the town or
128.7school district within five miles of one of the boundaries of the town or school district.
128.8 Sec. 40. Minnesota Statutes 2006, section 204B.21, subdivision 2, is amended to read:
128.9 Subd. 2. Appointing authority; powers and duties. Election judges for precincts
128.10in a municipality shall be appointed by the governing body of the municipality. Election
128.11judges for precincts in unorganized territory and for performing election-related duties
128.12assigned by the county auditor shall be appointed by the county board. Election judges for
128.13a precinct composed of two or more municipalities must be appointed by the governing
128.14body of the municipality or municipalities responsible for appointing election judges as
128.15provided in the agreement to combine for election purposes. Appointmentsshall may be
128.16made from lists furnished pursuant to subdivision 1 subject to the eligibility requirements
128.17and other qualifications established or authorized under section204B.19 . At least two
128.18election judges in each precinct must be affiliated with different major political parties. If
128.19no lists have been furnished or if additional election judges are requiredafter all listed
128.20names have been exhausted, the appointing authority may appoint any other individual to
128.21serve as an election judge subject to the same requirements and qualifications individuals
128.22who meet the qualifications to serve as an election judge, including persons who are not
128.23affiliated with a major political party. The appointments shall be made at least 25 days
128.24before the election at which the election judges will serve.
128.25 Sec. 41. Minnesota Statutes 2006, section 204B.21, is amended by adding a
128.26subdivision to read:
128.27 Subd. 2a. Town elections. The provisions of this section and sections 204B.19,
128.28subdivision 5; 204C.15; 204C.19; 206.83; and 206.86, subdivision 2, relating to party
128.29balance in the appointment of judges and to duties to be performed by judges of different
128.30major political parties do not apply to town elections not held in conjunction with a
128.31statewide election.
128.32 Sec. 42. [204B.445] VOTER COMPLAINT AND RESOLUTION PROCESS.
129.1 Subdivision 1. Scope. An eligible voter may file a complaint to seek the resolution
129.2of any of the following conditions that have occurred or are about to occur:
129.3 (1) voter records in the statewide registration system are not maintained by the
129.4secretary of state or a county auditor in the manner provided in chapter 201;
129.5 (2) voters are unable to register to vote in the manner provided by section 201.061;
129.6 (3) a voting system, including an electronic ballot marker, meeting the requirements
129.7of section 206.80 is not available for use by voters either casting an absentee ballot in
129.8person at the locations designated by the county auditor or local election official, or for
129.9voting at any polling place on election day; or
129.10 (4) the secretary of state, county auditor, or local election official has failed, is
129.11failing, or is about to fail to carry out a duty required by Title III of the Help America
129.12Vote Act of 2002.
129.13 A complaint against a municipal or school district clerk must be filed with the county
129.14auditor of the county in which the action has occurred or is about to occur. A complaint
129.15against a county auditor must be filed with the secretary of state. A complaint against the
129.16secretary of state must be filed with the Office of Administrative Hearings. The secretary
129.17of state shall provide a standard form for a complaint under this section. The form must
129.18provide space for the complainant to specify the legal basis for the complaint. The
129.19proceedings authorized by this section are not subject to the requirements of chapter 14.
129.20 Subd. 2. Notice of complaint. The official with whom the complaint is filed must,
129.21within seven days after the complaint was filed, provide written notice of the complaint,
129.22including a copy of the complaint, to the official against whom the complaint has been
129.23made.
129.24 Subd. 3. Response. Within 14 days after the notice of complaint is received, the
129.25official complained against must respond in writing to the complainant and state the
129.26manner in which the respondent proposes to resolve the complaint.
129.27 Subd. 4. Hearing. If the complainant believes the response does not resolve the
129.28complaint, the complainant may file, with the official with whom the complaint was filed,
129.29a request for a hearing. The request must state the objection to the response and propose
129.30to resolve the complaint in a way that is consistent with the Minnesota Election Law. If
129.31the complainant makes a request for hearing, a hearing must take place. The official with
129.32whom the complaint was filed must rule on the complaint within 14 days after the hearing.
129.33 Subd. 5. Timeline. A ruling on a complaint must be made no more than 90 days
129.34after the complaint is filed. If the official with whom the complaint was filed fails to
129.35make that ruling within 90 days after the complaint was filed, that official must provide
130.1alternative dispute resolution for the disposition of the complaint. The alternative dispute
130.2resolution process must be completed within 60 days of its commencement.
130.3 Subd. 6. Appeal. No later than 30 days after the ruling, the complainant may appeal
130.4the ruling. If the complaint was filed against a municipal clerk, school district clerk, or
130.5county auditor, the appeal must be filed with the secretary of state. If the complaint was
130.6filed against the secretary of state, the appeal must be filed with the Ramsey County
130.7District Court. The appeal must be heard within 14 days. Upon hearing the appeal, the
130.8secretary of state or district court may affirm, reverse, or modify the ruling and give
130.9appropriate instructions, as needed, to the secretary of state, county auditor, or local
130.10election official to resolve the complaint.
130.11 Subd. 7. Remedies; notice. If the official rules that there has been a violation of
130.12Title III of the Help America Vote Act of 2002, the official must provide an appropriate
130.13remedy. If the official rules that there has not been a violation, the complaint must be
130.14dismissed and the results of the process published by the official.
130.15EFFECTIVE DATE.This section is effective January 1, 2008.
130.16 Sec. 43. Minnesota Statutes 2006, section 204B.45, subdivision 2, is amended to read:
130.17 Subd. 2. Procedure. Notice of the election and the special mail procedure must be
130.18given at least six weeks prior to the election.No earlier Not more than 20 30 days or nor
130.19later than 14 days prior to the election, the auditor shall mail ballots by nonforwardable
130.20mail to all voters registered in the town or unorganized territory. No later than 14 days
130.21before the election, the auditor must make a subsequent mailing of ballots to those voters
130.22who register to vote after the initial mailing but before the 20th day before the election.
130.23Eligible voters not registered at the time the ballots are mailed may apply for ballots as
130.24provided in chapter 203B. Ballot return envelopes, with return postage provided, must be
130.25preaddressed to the auditor or clerk and the voter may return the ballot by mail or in person
130.26to the office of the auditor or clerk. The auditor or clerk may appoint election judges to
130.27examine the return envelopes and mark them "accepted" or "rejected" during the 30 days
130.28before the election. If an envelope has been rejected at least five days before the election,
130.29the ballots in the envelope must be considered spoiled ballots and the auditor or clerk shall
130.30provide the voter with a replacement ballot and return envelope in place of the spoiled
130.31ballot. The costs of the mailing shall be paid by the election jurisdiction in which the voter
130.32resides. Any ballot received by 8:00 p.m. on the day of the election must be counted.
130.33 Sec. 44. Minnesota Statutes 2006, section 204C.06, subdivision 1, is amended to read:
131.1 Subdivision 1. Lingering near polling place. An individual shall be allowed to go
131.2to and from the polling place for the purpose of voting without unlawful interference. No
131.3one except an election official or an individual who is waiting to register or to vote shall
131.4stand within 100 feet of theentrance to a polling place. The entrance to a polling place
131.5is the doorway or point of entry leading into the room or area where voting is occurring
131.6building in which a polling place is located.
131.7 Sec. 45. Minnesota Statutes 2006, section 204C.07, subdivision 3a, is amended to read:
131.8 Subd. 3a. Residence requirement. A challenger must be a resident of this state.
131.9Appointed challengers seeking admission to a polling place to serve in that capacity must
131.10prove their status as a resident of this state by presenting one of the documents listed in
131.11section 201.061, subdivision 3, paragraph (b), clauses (1) to (4). Challengers need not
131.12prove residence in the precinct in which they seek to act as a challenger.
131.13EFFECTIVE DATE.This section is effective September 1, 2007.
131.14 Sec. 46. Minnesota Statutes 2006, section 204C.07, is amended by adding a
131.15subdivision to read:
131.16 Subd. 3b. Oath to obey the law. A challenger must state under oath that the
131.17challenger understands and will abide by the laws and rules governing challengers as
131.18described in this section and in section 204C.12 and governing challenges to voters as
131.19described in section 204C.12.
131.20EFFECTIVE DATE.This section is effective September 1, 2007.
131.21 Sec. 47. Minnesota Statutes 2006, section 205.10, is amended by adding a subdivision
131.22to read:
131.23 Subd. 6. Cancellation. A special election ordered by the governing body of the
131.24municipality on its own motion under subdivision 1 may be canceled by motion of the
131.25governing body, but not less than 46 days before the election.
131.26 Sec. 48. Minnesota Statutes 2006, section 205.13, is amended by adding a subdivision
131.27to read:
131.28 Subd. 7. Write-in candidates. A candidate for a city office who wants write-in
131.29votes for the candidate to be counted must file a written request with the filing officer for
131.30the office sought no later than the seventh day before the general election. The filing
131.31officer must provide copies of the form to make the request.
132.1 Sec. 49. Minnesota Statutes 2006, section 205.16, subdivision 3, is amended to read:
132.2 Subd. 3. Sample ballot, posting. For every municipal election, the municipal clerk
132.3shall at leastfour days two weeks before the election post prepare a sample ballot for each
132.4precinct in the municipality, make them available for public inspection in the clerk's office
132.5for public inspection, and post a sample ballot in each polling place on election day.
132.6 Sec. 50. Minnesota Statutes 2006, section 205.16, subdivision 4, is amended to read:
132.7 Subd. 4. Notice to auditor. At least 53 days prior to every municipal election, the
132.8municipal clerk shall provide a written notice to the county auditor, including the date of
132.9the election, the offices to be voted on at the election, and the title and language for each
132.10ballot question to be voted on at the election. Not less than 46 days before the election, the
132.11municipal clerk must provide written notice to the county auditor of any special election
132.12canceled under section 205.10, subdivision 6.
132.13 Sec. 51. Minnesota Statutes 2006, section 205A.05, is amended by adding a
132.14subdivision to read:
132.15 Subd. 3. Cancellation. A special election ordered by the school board on its own
132.16motion under subdivision 1 may be canceled by motion of the school board, but not less
132.17than 46 days before the election.
132.18 Sec. 52. Minnesota Statutes 2006, section 205A.07, subdivision 3, is amended to read:
132.19 Subd. 3. Notice to auditor. At least 53 days prior to every school district election,
132.20the school district clerk shall provide a written notice to the county auditor of each county
132.21in which the school district is located. The notice must include the date of the election, the
132.22offices to be voted on at the election, and the title and language for each ballot question to
132.23be voted on at the election. For the purposes of meeting the timelines of this section, in
132.24a bond election, a notice, including a proposed question, may be provided to the county
132.25auditor prior to receipt of a review and comment from the commissioner of education and
132.26prior to actual initiation of the election. Not less than 46 days before the election, the
132.27school district clerk must provide written notice to the county auditor of any special
132.28election canceled under section 205A.05, subdivision 3.
132.29 Sec. 53. Minnesota Statutes 2006, section 205A.07, subdivision 3a, is amended to read:
132.30 Subd. 3a. Notice to commissioner of education. At least 49 days prior to every
132.31school district election, under section123B.62 ,
123B.63 ,
126C.17 ,
126C.69 , or
475.58 ,
132.32the school district clerk shall provide a written notice to the commissioner of education.
133.1The notice must include the date of the election and the title and language for each ballot
133.2question to be voted on at the election. Not less than 46 days before the election, the
133.3school district clerk must provide a written notice to the commissioner of education of
133.4any special election canceled under section 205A.05, subdivision 3. The certified vote
133.5totals for each ballot question shall be provided in a written notice to the commissioner
133.6in a timely manner.
133.7 Sec. 54. Minnesota Statutes 2006, section 205A.10, subdivision 2, is amended to read:
133.8 Subd. 2. Election, conduct. A school district election must be by secret ballot and
133.9must be held and the returns made in the manner provided for the state general election, as
133.10far as practicable. The vote totals from an absentee ballot board established pursuant to
133.11section203B.13 may be tabulated and reported by the school district as a whole rather
133.12than by precinct. For school district elections not held in conjunction with a statewide
133.13election, the school board shall appoint election judges as provided in section204B.21,
133.14subdivision 2 . The provisions of sections
204B.19, subdivision 5 ;
204B.21, subdivision 2;
133.15204C.15 ;
204C.19 ; 206.64, subdivision 2;
206.83 ; and
206.86, subdivision 2 , relating to
133.16party balance in appointment of judges and to duties to be performed by judges of different
133.17major political parties do not apply to school district elections not held in conjunction
133.18with a statewide election.
133.19 Sec. 55. Minnesota Statutes 2006, section 206.57, subdivision 5, is amended to read:
133.20 Subd. 5. Voting system for disabled voters. In federal and state elections held after
133.21December 31, 2005,and in county, municipal city, and school district elections held after
133.22December 31, 2007, and in township elections held after December 31, 2009, the voting
133.23method used in each polling place must include a voting system that is accessible for
133.24individuals with disabilities, including nonvisual accessibility for the blind and visually
133.25impaired in a manner that provides the same opportunity for access and participation,
133.26including privacy and independence, as for other voters.
133.27 Sec. 56. Minnesota Statutes 2006, section 206.89, subdivision 1, is amended to read:
133.28 Subdivision 1. Definition. For purposes of this section "postelection review official"
133.29means theelection administration official who is responsible for the conduct of elections
133.30in a precinct selected for review under this section. county auditor, unless the county
133.31auditor designates the municipal clerk as the "postelection review official" within 24 hours
133.32after the canvass of the state general election.
134.1 Sec. 57. Minnesota Statutes 2006, section 206.89, subdivision 5, is amended to read:
134.2 Subd. 5. Additional review. (a) If the postelection review in one of the reviewed
134.3precincts reveals a difference greater than one-half of one percent, or greater than two
134.4votes in a precinct where 400 or fewer voters cast ballots, the postelection review official
134.5must, within two days, conduct an additional review of the races indicated in subdivision 3
134.6in at least three precincts in the same jurisdiction where the discrepancy was discovered. If
134.7all precincts in that jurisdiction have been reviewed, the county auditor must immediately
134.8publicly select by lot at least three additional precincts for review. The postelection review
134.9official must complete the additional review within two days after the precincts are
134.10selected and report the results immediately to the county auditor. If the second review in
134.11any of the reviewed precincts also indicates a difference in the vote totals compiled by the
134.12voting system that is greater than one-half of one percent from the result indicated by the
134.13postelection review, or greater than two votes in a precinct where 400 or fewer voters cast
134.14ballots, the county auditor must conduct a review of the ballots from all the remaining
134.15precincts in the county for the races indicated in subdivision 3. This review must be
134.16completed no later than six weeks after the state general election.
134.17 (b) If the results from the countywide reviews from one or more counties comprising
134.18in the aggregate more than ten percent of the total number of persons voting in the election
134.19clearly indicate that an error in vote counting has occurred, the postelection review official
134.20must conduct a manual recount of all the ballots in the district for the affected office. The
134.21recount must be completed and the results reported to the appropriate canvassing board no
134.22later than ten weeks after the state general election.
134.23 Sec. 58. Minnesota Statutes 2006, section 211A.02, subdivision 2, is amended to read:
134.24 Subd. 2. Information required. The report to be filed by a candidate or committee
134.25must include:
134.26 (1) the name of the candidate or ballot question;
134.27 (2) the printed nameand, address, telephone number, signature, and e-mail address,
134.28if available, of the person responsible for filing the report;
134.29 (3) the total amount of receipts and expenditures for the period from the last previous
134.30report to five days before the current report is due;
134.31 (4) the amount, date, and purpose for each expenditure; and
134.32 (5) the name, address, and employer, or occupation if self-employed, of any
134.33individual or committee that during the year has made one or more contributions that in the
134.34aggregate are equal to or greater than $100, and the amount and date of each contribution.
135.1The filing officer must restrict public access to the address of any individual who has made
135.2a contribution equal to or greater than $100 and who has filed with the filing officer a
135.3written statement signed by the individual that withholding the individual's address from
135.4the financial report is required for the safety of the individual or the individual's family.
135.5 Sec. 59. Minnesota Statutes 2006, section 211A.05, subdivision 1, is amended to read:
135.6 Subdivision 1. Penalty. A candidate who intentionally fails to file a report required
135.7by section211A.02 or a certification required by this section is guilty of a misdemeanor.
135.8The treasurer of a committee formed to promote or defeat a ballot question who
135.9intentionally fails to file a report required by section211A.02 or a certification required
135.10by this section is guilty of a misdemeanor. Each candidate or treasurer of a committee
135.11formed to promote or defeat a ballot question shall certify to the filing officer that all
135.12reports required by section211A.02 have been submitted to the filing officer or that the
135.13candidate or committee has not received contributions or made disbursements exceeding
135.14$750 in the calendar year. The certification shall be submitted to the filing officer no
135.15later than seven days after the general or special election. The secretary of state shall
135.16prepare blanks for this certification. An officer who issues a certificate of election to a
135.17candidate who has not certified that all reports required by section211A.02 have been
135.18filed is guilty of a misdemeanor.
135.19 Sec. 60. Minnesota Statutes 2006, section 325L.03, is amended to read:
135.20325L.03 SCOPE.
135.21 (a) Except as otherwise provided in paragraphs (b) and (e), this chapter applies to
135.22electronic records and electronic signatures relating to a transaction.
135.23 (b) This chapter does not apply to a transaction to the extent it is governed by:
135.24 (1) the Uniform Commercial Code other than section336.1-306 , article 2, and
135.25article 2A; and
135.26 (2) section145C.03, subdivision 1 , relating to requirements for creation of a health
135.27care directive; section507.24 , relating to requirements for recording any conveyance,
135.28power of attorney, or other instrument affecting real estate; section523.23, subdivision
135.293 , relating to requirements for creation of a statutory short form power of attorney; and
135.30section253B.03, subdivision 6b , relating to requirements for creation of a declaration of
135.31preferences or instructions regarding intrusive mental health treatment.
135.32 (c) This chapter applies to an electronic record or electronic signature otherwise
135.33excluded from the application of this chapter under paragraph (b) to the extent it is
135.34governed by a law other than those specified in paragraph (b).
136.1 (d) A transaction subject to this chapter is also subject to other applicable substantive
136.2law.
136.3 (e) This chapter does not apply to the creation and execution of wills, codicils, or
136.4trusts other than trusts relating to the conduct of business, commercial, or governmental
136.5purposes.
136.6 (f) Except as provided in section 204B.09, subdivision 1a, this chapter does not
136.7apply to affidavits of candidacy relating to the conduct of elections.
136.8 Sec. 61. Minnesota Statutes 2006, section 375.101, subdivision 1, is amended to read:
136.9 Subdivision 1. Option for filling vacancies; election in 30 to60 90 days. Except
136.10as provided in subdivision 3, a vacancy in the office of county commissionershall may be
136.11filled as provided in this subdivision and subdivision 2, or as provided in subdivision 4. If
136.12the vacancy is to be filled under this subdivision and subdivision 2, it must be filled at a
136.13special election not less than 30 nor more than60 90 days after the vacancy occurs. The
136.14special primary or special election may be held on the same day as a regular primary or
136.15regular election but the special election shall be held not less than 14 days after the special
136.16primary. The person elected at the special election shall take office immediately after
136.17receipt of the certificate of election and upon filing the bond and taking the oath of office
136.18and shall serve the remainder of the unexpired term. If the county has been reapportioned
136.19since the commencement of the term of the vacant office, the election shall be based
136.20on the district as reapportioned.
136.21EFFECTIVE DATE.This section is effective the day following final enactment.
136.22 Sec. 62. Minnesota Statutes 2006, section 375.101, is amended by adding a subdivision
136.23to read:
136.24 Subd. 4. Option for filling vacancies; appointment. Except as provided in
136.25subdivision 3, and as an alternative to the procedure provided in subdivisions 1 and 2, any
136.26other vacancy in the office of county commissioner may be filled by board appointment at
136.27a regular or special meeting. The appointment shall be evidenced by a resolution entered
136.28in the minutes and shall continue until an election is held under this subdivision. All
136.29elections to fill vacancies shall be for the unexpired term. If the vacancy occurs before the
136.30first day to file affidavits of candidacy for the next county general election and more than
136.31two years remain in the unexpired term, a special election shall be held in conjunction
136.32with the county general election. The appointed person shall serve until the qualification
136.33of the successor elected to fill the unexpired part of the term at that special election. If the
136.34vacancy occurs on or after the first day to file affidavits of candidacy for the county general
137.1election, or when less than two years remain in the unexpired term, there shall be no special
137.2election to fill the vacancy and the appointed person shall serve the remainder of the
137.3unexpired term and until a successor is elected and qualifies at the county general election.
137.4EFFECTIVE DATE.This section is effective the day following final enactment.
137.5 Sec. 63. Minnesota Statutes 2006, section 410.12, subdivision 1, is amended to read:
137.6 Subdivision 1. Proposals. The charter commission may propose amendments to
137.7such charter and shall do so upon the petition of voters equal in number to five percent of
137.8the total votes cast at the last previous state general election in the city. Proposed charter
137.9amendments must be submitted at least 12 weeks before the general election. Petitions
137.10may be signed no earlier than 26 weeks before the general election. Only registered
137.11voters are eligible to sign the petition. All petitions circulated with respect to a charter
137.12amendment shall be uniform in character and shall have attached thereto the text of the
137.13proposed amendment in full; except that in the case of a proposed amendment containing
137.14more than 1,000 words, a true and correct copy of the same may be filed with the city
137.15clerk, and the petition shall then contain a summary of not less than 50 nor more than 300
137.16words setting forth in substance the nature of the proposed amendment. Such summary
137.17shall contain a statement of the objects and purposes of the amendment proposed and an
137.18outline of any proposed new scheme or frame work of government and shall be sufficient
137.19to inform the signers of the petition as to what change in government is sought to be
137.20accomplished by the amendment. The summary, together with a copy of the proposed
137.21amendment, shall first be submitted to the charter commission for its approval as to form
137.22and substance. The commission shall within ten days after such submission to it, return
137.23the same to the proposers of the amendment with such modifications in statement as it
137.24may deem necessary in order that the summary may fairly comply with the requirements
137.25above set forth.
137.26 Sec. 64. Minnesota Statutes 2006, section 447.32, subdivision 4, is amended to read:
137.27 Subd. 4. Candidates; ballots; certifying election. A person who wants to be a
137.28candidate for the hospital board shall file an affidavit of candidacy for the election either
137.29as member at large or as a member representing the city or town where the candidate
137.30resides. The affidavit of candidacy must be filed with the city or town clerk not more than
137.3170 days nor less than 56 days before the first Tuesday after the first Monday in November
137.32of the year in which the general election is held. The city or town clerk must forward the
137.33affidavits of candidacy to the clerk of the hospital district or, for the first election, the clerk
137.34of the most populous city or town immediately after the last day of the filing period. A
138.1candidate may withdraw from the election by filing an affidavit of withdrawal with the
138.2clerk of the district no later than 5:00 p.m. two days after the last day to file affidavits
138.3of candidacy. A candidate for a hospital district office who wants write-in votes for the
138.4candidate to be counted must file a written request with the filing officer for the office
138.5sought no later than the seventh day before the general election. The filing officer must
138.6provide copies of the form to make the request.
138.7 Voting must be by secret ballot. The clerk shall prepare, at the expense of the
138.8district, necessary ballots for the election of officers. Ballots must be printed on tan paper
138.9and prepared as provided in the rules of the secretary of state. The ballots must be marked
138.10and initialed by at least two judges as official ballots and used exclusively at the election.
138.11Any proposition to be voted on may be printed on the ballot provided for the election
138.12of officers. The hospital board may also authorize the use of voting systems subject to
138.13chapter 206. Enough election judges may be appointed to receive the votes at each
138.14polling place. The election judges shall act as clerks of election, count the ballots cast,
138.15and submit them to the board for canvass.
138.16 After canvassing the election, the board shall issue a certificate of election to the
138.17candidate who received the largest number of votes cast for each office. The clerk shall
138.18deliver the certificate to the person entitled to it in person or by certified mail. Each person
138.19certified shall file an acceptance and oath of office in writing with the clerk within 30
138.20days after the date of delivery or mailing of the certificate. The board may fill any office
138.21as provided in subdivision 1 if the person elected fails to qualify within 30 days, but
138.22qualification is effective if made before the board acts to fill the vacancy.
138.23 Sec. 65. AUTOMATIC REGISTRATION.
138.24 An applicant for a Minnesota driver's license, instruction permit, or identification
138.25card must not be automatically registered to vote under Minnesota Statutes, section
138.26201.161, until the secretary of state has certified that the system for automatic registration
138.27of those applicants has been tested and shown to properly determine whether an applicant
138.28is eligible to vote.
138.29 Sec. 66. REPEALER.
138.30(a) Minnesota Statutes 2006, sections 201.061, subdivision 7; 201.096; 203B.02,
138.31subdivision 1a; and 203B.13, subdivision 3a, are repealed.
138.32(b) Minnesota Statutes 2006, section 203B.04, subdivision 5, is repealed effective
138.33April 1, 2008.
138.34(c) Minnesota Statutes 2006, section 200.04, is repealed effective January 1, 2008.
139.3 Section 1. Minnesota Statutes 2006, section 103C.305, subdivision 3, is amended to
139.4read:
139.5 Subd. 3. Ballots. Ballots shall be prepared by the county auditor. The names of
139.6candidates shall be placed on the "canary ballot" described in section204D.11, subdivision
139.73 . The office title printed on the ballot must be either "Soil and Water Conservation
139.8District Supervisor" or "Conservation District Supervisor," based upon the district from
139.9which the supervisor is to be elected.
139.10 Sec. 2. Minnesota Statutes 2006, section 201.054, subdivision 1, is amended to read:
139.11 Subdivision 1. Registration. An individual may register to vote:
139.12 (1) at any time before the 20th day preceding any election as provided in section
139.13201.061, subdivision 1
;
139.14 (2) on the day of an election as provided in section201.061, subdivision 3 ; or
139.15 (3) when submitting an absentee ballot, by enclosing a completed registrationcard
139.16application as provided in section203B.04, subdivision 4 .
139.17 Sec. 3. Minnesota Statutes 2006, section 201.061, subdivision 4, is amended to read:
139.18 Subd. 4. Registration by election judges; procedures. Registration at the polling
139.19place on election day shall be conducted by the election judges. The election judge who
139.20registers an individual at the polling place on election day shall not handle that voter's
139.21ballots at any time prior to the opening of the ballot box after the voting ends. Registration
139.22cards applications and forms for oaths shall be available at each polling place. If an
139.23individual who registers on election day proves residence by oath of a registered voter, the
139.24form containing the oath shall be attached to the individual's registrationcard application.
139.25Registrationcards applications completed on election day shall be forwarded to the
139.26county auditor who shall add the name of each voter to the registration system unless the
139.27information forwarded is substantially deficient. A county auditor who finds an election
139.28day registration substantially deficient shall give written notice to the individual whose
139.29registration is found deficient. An election day registration shall not be found deficient
139.30solely because the individual who provided proof of residence was ineligible to do so.
139.31 Sec. 4. Minnesota Statutes 2006, section 201.071, subdivision 3, is amended to read:
140.1 Subd. 3. Deficient registration. No voter registration application is deficient if it
140.2contains the voter's name, address, date of birth, current and valid Minnesota driver's
140.3license number or Minnesota state identification number, or if the voter has no current and
140.4valid Minnesota driver's license or Minnesota state identification number, the last four
140.5digits of the voter's Social Security number, if the voter has been issued a Social Security
140.6number, prior registration, if any, and signature. The absence of a zip code number does
140.7not cause the registration to be deficient. Failure to check a box on an application form
140.8that a voter has certified to be true does not cause the registration to be deficient. The
140.9election judges shall request an individual to correct a voter registration application if it is
140.10deficient or illegibleor if the name or number of the voter's school district is missing or
140.11obviously incorrect. No eligible voter may be prevented from voting unless the voter's
140.12registration application is deficient or the voter is duly and successfully challenged in
140.13accordance with section201.195 or
204C.12 .
140.14 A voter registration application accepted prior to August 1, 1983, is not deficient
140.15for lack of date of birth. The county or municipality may attempt to obtain the date of
140.16birth for a voter registration application accepted prior to August 1, 1983, by a request to
140.17the voter at any time except at the polling place. Failure by the voter to comply with this
140.18request does not make the registration deficient.
140.19 A voter registration application accepted before January 1, 2004, is not deficient for
140.20lack of a valid Minnesota driver's license or state identification number or the last four
140.21digits of a Social Security number. A voter registration application submitted by a voter
140.22who does not have a Minnesota driver's license or state identification number, or a Social
140.23Security number, is not deficient for lack of any of these numbers.
140.24 Sec. 5. Minnesota Statutes 2006, section 201.071, subdivision 4, is amended to read:
140.25 Subd. 4. Change of registration.Any A county auditor who receives a registration
140.26card application indicating that an individual was previously registered in a different
140.27county in Minnesota shallnotify the county auditor of that county update the voter's
140.28record electronically through the statewide registration system in the manner prescribed
140.29in the rules of by the secretary of state. A county auditor receiving a registration card
140.30indicating that a voter was previously registered in a different precinct in the same county
140.31or receiving a notification as provided in this subdivision shall remove that individual's
140.32voter registration card from the files. Any A county auditor who receives a registration
140.33card application or notification requiring a change of registration records under this
140.34subdivision as a result of an election day registration shall also check the statewide
141.1registration system to determine whether the individual voted in more than one precinct in
141.2the most recent election.
141.3 Sec. 6. Minnesota Statutes 2006, section 201.081, is amended to read:
141.4201.081 REGISTRATION FILES.
141.5 The statewide registration system is the official record of registered voters. The
141.6voter registrationcards applications and the terminal providing access to the statewide
141.7registration system must be under the control of the county auditor or the public official to
141.8whom the county auditor has delegated the responsibility for maintaining voter registration
141.9records. The voter registrationcards applications and terminals providing access to the
141.10statewide registration system must not be removed from the control of the county auditor
141.11except as provided in this subdivision. The county auditor may make photographic copies
141.12of voter registrationcards applications in the manner provided by section
138.17 .
141.13 A properly completed voter registrationcard application that has been submitted to
141.14the secretary of state or a county auditor must be maintained by the secretary of state or
141.15the county auditor for at least 22 months after the date that the information on thecard
141.16application is entered into the database of the statewide registration system. The secretary
141.17of state or the county auditor may dispose of thecards applications after retention for 22
141.18months in the manner provided by section138.17 .
141.19 Sec. 7. Minnesota Statutes 2006, section 201.091, subdivision 1, is amended to read:
141.20 Subdivision 1. Master list. Each county auditor shall prepare and maintain a
141.21current list of registered voters in each precinct in the county which is known as the
141.22master list. The master list must be created by entering each completed voter registration
141.23card application received by the county auditor into the statewide registration system. It
141.24must show the name, residence address, and date of birth of each voter registered in
141.25the precinct. The information contained in the master list may only be made available
141.26to public officials for purposes related to election administration, jury selection, and in
141.27response to a law enforcement inquiry concerning a violation of or failure to comply with
141.28any criminal statute or state or local tax statute.
141.29 Sec. 8. Minnesota Statutes 2006, section 201.091, subdivision 8, is amended to read:
141.30 Subd. 8. Registration places. Each county auditor shall designate a number of
141.31public buildings in those political subdivisions of the county where preregistration of
141.32voters is allowed as provided in section201.061, subdivision 1 , where eligible voters may
141.33register to vote. At least one public building must be designated for each 30,000 residents
142.1of the county. At least one telecommunications device for the deaf must be available for
142.2voter registration information in each county seat and in every city of the first, second,
142.3and third class.
142.4 An adequate supply of registrationcards applications and instructions must be
142.5maintained at each designated location, and a designated individual must be available
142.6there to accept registrationcards applications and transmit them to the county auditor.
142.7 A person who, because of disability, needs assistance in order to determine eligibility
142.8or to register must be assisted by a designated individual. Assistance includes but is not
142.9limited to reading the registration form and instructions and filling out the registration
142.10form as directed by the eligible voter.
142.11 Sec. 9. Minnesota Statutes 2006, section 201.27, subdivision 1, is amended to read:
142.12 Subdivision 1. Intentional violation. No officer, deputy, clerk, or other employee
142.13shall intentionally:
142.14 (1) fail to perform or enforce any of the provisions of this chapter except subdivision
142.152;
142.16 (2) remove a registrationcard application or record from its proper place in the
142.17registration files in a manner or for a purpose not authorized by law;
142.18 (3) destroy or make an unauthorized change to a record required to be kept by
142.19this chapter; or
142.20 (4) add a name or names to the voter registration files, records, or cards, except as
142.21authorized by law.
142.22 An individual who violates this subdivision is guilty of a felony.
142.23 Sec. 10. Minnesota Statutes 2006, section 203B.04, subdivision 1, is amended to read:
142.24 Subdivision 1. Application procedures. Except as otherwise allowed by
142.25subdivision 2 or by section 203B.11, subdivision 4, an application for absentee ballots
142.26for any election may be submitted at any time not less than one day before the day of
142.27that election. The county auditor shall prepare absentee ballot application forms in the
142.28format provided by the secretary of state, notwithstanding rules on absentee ballot forms,
142.29and shall furnish them to any person on request. By January 1 of each even-numbered
142.30year, the secretary of state shall make the forms to be used available to auditors through
142.31electronic means. An application submitted pursuant to this subdivision shall be in writing
142.32and shall be submitted to:
142.33 (a) the county auditor of the county where the applicant maintains residence; or
143.1 (b) the municipal clerk of the municipality, or school district if applicable, where
143.2the applicant maintains residence.
143.3 An application shall be approved if it is timely received, signed and dated by the
143.4applicant, contains the applicant's name and residence and mailing addresses, and states
143.5that the applicant is eligible to vote by absentee ballot for one of the reasons specified in
143.6section203B.02 . The application may contain a request for the voter's date of birth, which
143.7must not be made available for public inspection. An application may be submitted to
143.8the county auditor or municipal clerk by an electronic facsimile device. An application
143.9mailed or returned in person to the county auditor or municipal clerk on behalf of a voter
143.10by a person other than the voter must be deposited in the mail or returned in person to
143.11the county auditor or municipal clerk within ten days after it has been dated by the voter
143.12and no later than six days before the election. The absentee ballot applications or a list of
143.13persons applying for an absentee ballot may not be made available for public inspection
143.14until the close of voting on election day.
143.15 An application under this subdivision may contain an application under subdivision
143.165 to automatically receive an absentee ballot application.
143.17 Sec. 11. Minnesota Statutes 2006, section 203B.04, subdivision 4, is amended to read:
143.18 Subd. 4. Registration at time of application. An eligible voter who is not
143.19registered to vote but who is otherwise eligible to vote by absentee ballot may register by
143.20including a completed voter registrationcard application with the absentee ballot. The
143.21individual shall present proof of residence as required by section201.061, subdivision
143.223 , to the individual who witnesses the marking of the absentee ballots. A military voter,
143.23as defined in section203B.01 , may register in this manner if voting pursuant to sections
143.24203B.04
to
203B.15 , or may register pursuant to sections
203B.16 to
203B.27 .
143.25 Sec. 12. Minnesota Statutes 2006, section 203B.05, subdivision 2, is amended to read:
143.26 Subd. 2. City, school district, and town elections. For city, town, and school
143.27district elections not held on the same day as a statewide election,for school district
143.28elections not held on the same day as a statewide election, and for town elections
143.29conducted under the Australian ballot system, applications for absentee ballots shall be
143.30filed with the city, school district, or town clerk and the duties prescribed by this chapter for
143.31the county auditor shall be performed by the city, school district, or town clerk unless the
143.32county auditor agrees to perform those duties on behalf of the city, school district, or town
143.33clerk. The costs incurred to provide absentee ballots and perform the duties prescribed by
143.34this subdivision shall be paid by the city, town, or school district holding the election.
144.1 Notwithstanding any other law, this chapter applies to school district elections held
144.2on the same day as a statewide election or an election for a county or municipality wholly
144.3or partially within the school district.
144.4 Sec. 13. Minnesota Statutes 2006, section 203B.07, subdivision 1, is amended to read:
144.5 Subdivision 1. Delivery of envelopes, directions. The county auditor or the
144.6municipal clerk shall prepare, print, and transmit a return envelope, a ballot envelope, and
144.7a copy of the directions for casting an absentee ballot to each applicant whose application
144.8for absentee ballots is accepted pursuant to section203B.04 . The directions for casting
144.9an absentee ballot shall be printed in at least 14-point bold type with heavy leading and
144.10may be printed on the ballot envelope. When a person requests the directions in Braille
144.11or on cassette tape, the county auditor or municipal clerk shall provide them in the form
144.12requested. The secretary of state shall prepare Braille and cassette copies and make them
144.13available.
144.14 When a voter registrationcard application is sent to the applicant as provided in
144.15section203B.06, subdivision 4 , the directions or registration card application shall include
144.16instructions for registering to vote.
144.17 Sec. 14. Minnesota Statutes 2006, section 203B.08, subdivision 3, is amended to read:
144.18 Subd. 3. Procedures on receipt of ballots. When absentee ballots are returned to a
144.19county auditor or municipal clerk, that official shall stamp or initial and date the return
144.20envelopewith an official seal of the office and place it in a secure location with other
144.21return envelopes received by that office. The county auditor or municipal clerk shall
144.22deliver to the appropriate election judges on election day all ballots received before or
144.23with the last mail delivery by the United States Postal Service on election day. A town
144.24clerk may request the United States Postal Service to deliver absentee ballots to the polling
144.25place on election day instead of to the official address of the town clerk.
144.26 Sec. 15. Minnesota Statutes 2006, section 203B.10, is amended to read:
144.27203B.10 DELIVERY OF ABSENTEE BALLOT APPLICATIONS TO
144.28ELECTION JUDGES.
144.29 (a) On the day before an election:
144.30(a) (1) the county auditor shall deliver to the municipal clerks within that county
144.31the applications for absentee ballots theretofore received and endorsed as provided in
144.32section203B.06, subdivision 5 ; and
145.1(b) (2) the municipal clerks shall deliver the applications received from the county
145.2auditor and the applications for absentee ballots filed with their respective offices and
145.3endorsed as provided in section203B.06, subdivision 5 , to the appropriate election
145.4judges. Applications received on election day pursuant to section203B.04, subdivision
145.52 , shall be promptly delivered to the election judges in the precincts or to the judges of
145.6an absentee ballot board.
145.7 (b) Delivery of the applications to the municipal clerks and election judges in the
145.8precinct is not required if the absentee ballot envelopes have been accepted or rejected
145.9by an absentee ballot board pursuant to section 203B.13.
145.10 Sec. 16. Minnesota Statutes 2006, section 204B.06, subdivision 8, is amended to read:
145.11 Subd. 8. Proof of eligibility. A candidate for judicial office or for the office of
145.12county attorney shall submit with the affidavit of candidacy proof that the candidate is
145.13licensed to practice law in this state. Proof means providing a copy of a current attorney
145.14license.
145.15 A candidate for county sheriff shall submit with the affidavit of candidacy proof of
145.16licensure as a peace officer in this state. Proof means providing a copy of a current Peace
145.17Officer Standards and Training Board license.
145.18 Sec. 17. Minnesota Statutes 2006, section 204B.08, subdivision 3, is amended to read:
145.19 Subd. 3. Number of signatures. The number of signatures required on a
145.20nominating petition shall be as follows:
145.21 (a) for a federal or state office voted on statewideor for United States senator, one
145.22percent of the total number of individuals voting in the state at the last preceding state
145.23general election, or 2,000, whichever is less;
145.24 (b) for a congressional office, five percent of the total number of individuals voting
145.25in the district at the last preceding state general election, or 1,000, whichever is less;
145.26 (c) for a county or legislative office, ten percent of the total number of individuals
145.27voting in the county or legislative district at the last preceding state or county general
145.28election, or 500, whichever is less;
145.29 (d) for a municipal office in a city of the first class, the number specified in section
145.30205.121
; and
145.31 (e) for any other municipal or school district office, ten percent of the total number
145.32of individuals voting in the municipality, ward, school district, or other election district
145.33at the last preceding municipal, or school district if applicable, general election, or 500,
145.34whichever is less.
146.1 Sec. 18. Minnesota Statutes 2006, section 205A.10, subdivision 1, is amended to read:
146.2 Subdivision 1. Materials, ballots. The school district clerk shall prepare and have
146.3printed the necessary election materials, including ballots, for a school district election.
146.4Thename of each candidate for office shall be rotated with the names of the other
146.5candidates for the same office so that the name of each candidate appears substantially
146.6an equal number of times at the top, at the bottom, and at each intermediate place in the
146.7group of candidates for that office names must be arranged on school district ballots in the
146.8manner provided in section 204D.08, subdivision 3, for state elections.
146.9 Sec. 19. Minnesota Statutes 2006, section 205A.11, subdivision 2, is amended to read:
146.10 Subd. 2. Combined polling place. When no other election is being held in two or
146.11more precincts on the day of a school district election, the school board may designate
146.12one or more combined polling places at which the voters in those precincts may vote in
146.13the school district election. In school districts that have organized into separate board
146.14member election districts under section 205A.12, a combined polling place for a school
146.15general election must be arranged so that it does not include more than one board member
146.16election district.
146.17 Sec. 20. Minnesota Statutes 2006, section 206.82, subdivision 2, is amended to read:
146.18 Subd. 2. Plan.(a) Subject to paragraph (b), The municipal clerk in a municipality
146.19where an electronic voting system is used and the county auditor of a county in which an
146.20electronic voting system is used in more than one municipality and the county auditor of
146.21a county in which a counting center serving more than one municipality is located shall
146.22prepare a plan which indicates acquisition of sufficient facilities, computer time, and
146.23professional services and which describes the proposed manner of complying with section
146.24206.80
. The plan must be signed, notarized, and submitted to the secretary of state more
146.25than 60 days before the first election at which the municipality uses an electronic voting
146.26system. Prior to July 1 of each subsequent general election year, the clerk or auditor
146.27shall submit to the secretary of state notification of any changes to the plan on file with
146.28the secretary of state. The secretary of state shall review each plan for its sufficiency and
146.29may request technical assistance from the Department of Administration or other agency
146.30which may be operating as the central computer authority. The secretary of state shall
146.31notify each reporting authority of the sufficiency or insufficiency of its plan within 20 days
146.32of receipt of the plan. The attorney general, upon request of the secretary of state, may
146.33seek a district court order requiring an election official to fulfill duties imposed by this
146.34subdivision or by rules promulgated pursuant to this section.
147.1(b) Systems implemented by counties and municipalities in calendar year 2006 are
147.2exempt from paragraph (a) and section
206.58, subdivision 4, if:
147.3(1) the municipality has fewer than 10,000 residents; and
147.4(2) a valid county plan was filed by the county auditor of the county in which the
147.5municipality is located.
147.6 Sec. 21. Laws 2004, chapter 293, article 1, section 37, subdivision 2, is amended to
147.7read:
147.8 Subd. 2. Social security number. A voter must not be included on the list of voters
147.9prepared under Minnesota Statutes, section201.121, subdivision 1 , whose registration is
147.10incomplete because of a failure to match the last four digits of the voter's Social Security
147.11number until the commissioner of public safety has:
147.12 (1) entered into an agreement with the commissioner of the Social Security
147.13Administration under Minnesota Statutes, section201.1615 , regarding the use of the last
147.14four digits of a Social Security number to verify voter registration information;
147.15(2) assembled a complete and current database of the last four digits of the Social
147.16Security number of each resident of this state as maintained by the Social Security
147.17Administration; and
147.18(3) (2) certified, along with the secretary of state, that the voter registration system
147.19has been tested and shown to properly verify the last four digits of a voter's Social
147.20Security number.
1.3legislative and administrative expenses of state government; regulating state
1.4and local government operations; establishing the Minnesota Office on Ethnic
1.5Heritage and New Americans and the Minnesota Legislative Commission on
1.6Terrorism and Disaster Preparedness; creating the position of poet laureate;
1.7providing a grant process and grant management; defining domestic partner;
1.8ratifying labor agreements and compensation plans; establishing a state
1.9employees electronic health records pilot project; providing for continuing
1.10appropriations in certain circumstances; providing compensation for a period of
1.11partial government shutdown; creating a trust for postemployment benefits;
1.12regulating elections and voter registration; establishing a gratuity payment for
1.13certain Teacher Retirement Association members; authorizing rulemaking;
1.14amending Minnesota Statutes 2006, sections 3.85, subdivision 3; 3.9741,
1.15subdivision 1; 5.12, subdivision 1; 6.47; 6.51; 6.54; 6.55; 6.551; 6.57; 6.59; 6.60;
1.166.62, subdivision 2; 6.63; 6.64; 6.65; 6.66; 6.67; 6.68; 6.70; 6.71; 6.715, by
1.17adding a subdivision; 13.605, subdivision 1; 15B.17, subdivision 1; 16A.103,
1.18subdivision 1e; 16A.11, by adding a subdivision; 16A.1286, subdivision 2;
1.1916B.35, subdivision 1; 16C.02, subdivisions 4, 12, 14, by adding subdivisions;
1.2016C.03, subdivisions 2, 3, 4, 8, 16, by adding subdivisions; 16C.05, subdivisions
1.211, 2; 16C.08, subdivisions 2, 4, by adding subdivisions; 16C.10, subdivision
1.227; 16C.16, subdivision 5; 16C.26; 16C.27, subdivision 1; 16C.28; 37.06;
1.2343A.02, by adding a subdivision; 43A.24, subdivision 1; 43A.49; 103C.305,
1.24subdivision 3; 103D.355; 103D.811, subdivision 3; 103E.505, subdivision 5;
1.25116A.13, subdivision 5; 123B.52, subdivision 1, by adding a subdivision;
1.26160.17, by adding a subdivision; 160.262, by adding a subdivision; 161.1419,
1.27subdivision 8; 161.32, by adding a subdivision; 161.3412, subdivision 1; 161.38,
1.28subdivision 4; 181.9413; 200.02, subdivisions 7, 23; 201.016, subdivision 1a;
1.29201.054, subdivision 1; 201.056; 201.061, subdivisions 1, 3, 4, by adding a
1.30subdivision; 201.071, subdivisions 1, 3, 4; 201.081; 201.091, subdivisions 1, 8,
1.319, by adding a subdivision; 201.12; 201.13, subdivision 3; 201.161; 201.171;
1.32201.27, subdivision 1; 203B.02, subdivision 1; 203B.04, subdivisions 1, 4, 6;
1.33203B.05, subdivision 2; 203B.06, subdivision 3; 203B.07, subdivisions 1, 2;
1.34203B.08, subdivision 3; 203B.081; 203B.10; 203B.11, subdivision 4; 203B.12,
1.35subdivision 4; 203B.13, subdivisions 1, 2; 203B.16, subdivision 2; 203B.17,
1.36subdivision 2; 203B.21, subdivisions 2, 3; 203B.22; 203B.24, subdivision 1;
1.37204B.06, subdivisions 1, 8; 204B.08, subdivision 3; 204B.09, subdivisions 1, 1a,
1.383; 204B.11, subdivision 2; 204B.16, subdivision 1; 204B.21, subdivision 2, by
1.39adding a subdivision; 204B.45, subdivision 2; 204C.06, subdivision 1; 204C.07,
2.1subdivision 3a, by adding a subdivision; 205.10, by adding a subdivision;
2.2205.13, by adding a subdivision; 205.16, subdivisions 3, 4; 205A.05, by
2.3adding a subdivision; 205A.07, subdivisions 3, 3a; 205A.10, subdivisions 1, 2;
2.4205A.11, subdivision 2; 206.57, subdivision 5; 206.82, subdivision 2; 206.89,
2.5subdivisions 1, 5; 211A.02, subdivision 2; 211A.05, subdivision 1; 270C.03,
2.6subdivision 1; 302A.821, subdivision 4; 308A.995, subdivision 4; 308B.121,
2.7subdivision 4; 308B.215, subdivision 2; 317A.823, subdivision 1; 321.0206;
2.8325L.03; 336.1-110; 336.9-516; 336.9-525; 356.219, subdivision 1; 358.41;
2.9358.42; 358.50; 359.085, subdivisions 2, 3; 365.37, by adding a subdivision;
2.10374.13; 375.101, subdivision 1, by adding a subdivision; 375.21, by adding a
2.11subdivision; 383C.094, by adding a subdivision; 410.12, subdivision 1; 412.311;
2.12429.041, by adding a subdivision; 447.32, subdivision 4; 458D.21, by adding
2.13a subdivision; 469.015, by adding a subdivision; 469.068, subdivision 1, by
2.14adding a subdivision; 471.345, subdivision 5, by adding subdivisions; 471.61,
2.15subdivision 1a; 473.246; 473.523, by adding a subdivision; 473.756, subdivision
2.1612; 477A.014, subdivision 4; 491A.02, subdivision 4; 507.24, subdivision 2;
2.17Laws 2004, chapter 293, article 1, section 37, subdivision 2; Laws 2006, chapter
2.18253, section 22, subdivision 1; Laws 2006, chapter 282, article 14, section 5;
2.19proposing coding for new law in Minnesota Statutes, chapters 3; 4; 5; 6; 8; 11A;
2.2012; 13; 15B; 16A; 16B; 16C; 16E; 43A; 161; 203B; 204B; 270C; 308B; 321;
2.21349A; 471; repealing Minnesota Statutes 2006, sections 3.884; 3.8841; 6.56,
2.22subdivision 1; 16A.102; 16C.055, subdivision 1; 16C.08, subdivision 4a; 69.051,
2.23subdivision 1c; 200.04; 201.061, subdivision 7; 201.096; 203B.02, subdivision
2.241a; 203B.04, subdivision 5; 203B.13, subdivision 3a; 359.085, subdivision 8;
2.25645.44, subdivision 19.
2.26BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
| 2.29 |
Section 1. STATE GOVERNMENT APPROPRIATIONS. |
||||||
2.31agencies and for the purposes specified in this article. The appropriations are from the
2.32general fund, or another named fund, and are available for the fiscal years indicated
2.33for each purpose. The figures "2008" and "2009" used in this article mean that the
2.34appropriations listed under them are available for the fiscal year ending June 30, 2008, or
2.35June 30, 2009, respectively. "The first year" is fiscal year 2008. "The second year" is fiscal
2.36year 2009. "The biennium" is fiscal years 2008 and 2009.
| 2.37 |
APPROPRIATIONS |
||||||
| 2.38 |
Available for the Year |
||||||
| 2.39 |
Ending June 30 |
||||||
| 2.40 |
2008 |
2009 |
|||||
| 2.41 |
Sec. 2. LEGISLATURE |
||||||
| 2.42 |
Subdivision 1.Total Appropriation |
$ |
68,671,000 |
$ |
69,043,000 |
||
| 2.43 |
Appropriations by Fund |
||
| 2.44 |
2008 |
2009 |
|
| 3.1 |
General |
68,493,000 |
68,865,000 |
| 3.2 |
Health Care Access |
178,000 |
178,000 |
3.4purpose are specified in the following
3.5subdivisions.
| 3.6 |
Subd. 2.Senate |
22,158,000 |
21,677,000 |
||||
| 3.7 |
Subd. 3.House of Representatives |
30,586,000 |
31,746,000 |
||||
3.9any revenues received by the house of
3.10representatives from sponsorship notices in
3.11broadcast or print media are appropriated to
3.12the house of representatives.
| 3.13 |
Subd. 4.Legislative Coordinating Commission |
15,927,000 |
15,620,000 |
||||
| 3.14 |
Appropriations by Fund |
||
| 3.15 |
General |
15,749,000 |
15,442,000 |
| 3.16 |
Health Care Access |
178,000 |
178,000 |
3.18second year are for public information
3.19television, Internet, Intranet, and other
3.20transmission of legislative activities. At
3.21least one-half of those amounts must go for
3.22programming to be broadcast and transmitted
3.23to rural Minnesota.
3.24$5,624,000 the first year and $5,469,000 the
3.25second year are for the Office of the Revisor
3.26of Statutes.
3.27$1,257,000 the first year and $1,254,000 the
3.28second year are for the Legislative Reference
3.29Library.
3.30$5,594,000 the first year and $5,595,000
3.31the second year are for the Office of the
3.32Legislative Auditor.
4.1All legislative offices should, whenever
4.2possible, implement information technology
4.3systems that are compatible and work
4.4seamlessly across the legislature. Wherever
4.5possible, single systems should be
4.6implemented to avoid unnecessary
4.7duplication and inefficiency. The directors
4.8of information technology for the senate,
4.9house of representatives, and the Legislative
4.10Coordinating Commission must submit
4.11a written report describing their efforts
4.12to collaborate on implementing shared
4.13information technology systems. The report
4.14must be submitted to the chairs of the house
4.15of representatives and senate committees
4.16with jurisdiction over rules and to the
4.17Legislative Coordinating Commission on
4.18January 15, 2008, and January 15, 2009.
| 4.19 4.20 |
Sec. 3. GOVERNOR AND LIEUTENANT GOVERNOR |
$ |
3,647,000 |
$ |
3,712,000 |
||
4.22the Governor and Lieutenant Governor.
4.23$19,000 the first year and $19,000 the
4.24second year are for necessary expenses in
4.25the normal performance of the governor's
4.26and lieutenant governor's duties for which no
4.27other reimbursement is provided.
4.28(b) By September 1 of each year, the
4.29commissioner of finance shall report to
4.30the chairs of the senate Governmental
4.31Operations Budget Division and the house
4.32State Government Finance Division any
4.33personnel costs incurred by the Office of
4.34the Governor and Lieutenant Governor that
4.35were supported by appropriations to other
5.1agencies during the previous fiscal year.
5.2The Office of the Governor shall inform the
5.3chairs of the divisions before initiating any
5.4interagency agreements.
| 5.5 |
Sec. 4. STATE AUDITOR |
$ |
9,234,000 |
$ |
9,220,000 |
||
| 5.6 |
Sec. 5. ATTORNEY GENERAL |
$ |
26,628,000 |
$ |
26,633,000 |
||
| 5.14 |
Sec. 6. SECRETARY OF STATE |
$ |
9,677,000 |
$ |
6,747,000 |
||
| 5.15 |
Appropriations by Fund |
||
| 5.16 |
2008 |
2009 |
|
| 5.17 |
General |
6,833,000 |
6,747,000 |
| 5.18 5.19 |
State Government Special Revenue |
2,844,000 |
|
5.21transferred to the Help America Vote Act
5.22account and is designated as a portion of the
5.23match required by section 253(b)(5) of the
5.24Help America Vote Act.
5.25$2,844,000 the first year is appropriated from
5.26the Help America Vote Act account for the
5.27purposes and uses authorized by federal law.
5.28This appropriation is available until June 30,
5.292009.
5.30Notwithstanding Laws 2005, chapter 162,
5.31section 34, subdivision 7, any balance
5.32remaining in the Help America Vote Act
5.33account after previous appropriations and the
5.34appropriations in this section is appropriated
5.35to the secretary of state for the purposes of
6.1the account. This appropriation is available
6.2until June 30, 2011.
6.3$250,000 the first year is for a grant to Kids
6.4Voting Minnesota, to educate children about
6.5voting and the democratic process. This
6.6appropriation is available until spent.
| 6.7 6.8 |
Sec. 7. CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD |
$ |
708,000 |
$ |
722,000 |
||
| 6.9 |
Sec. 8. INVESTMENT BOARD |
$ |
151,000 |
$ |
151,000 |
||
| 6.10 6.11 |
Sec. 9. OFFICE OF ENTERPRISE TECHNOLOGY |
$ |
17,969,000 |
$ |
5,287,000 |
||
6.13phase of an electronic licensing system.
6.14This is a onetime appropriation. This
6.15appropriation carries forward to the second
6.16year.
6.17(b) $10,000,000 the first year is for
6.18information technology security.
6.19(c) $500,000 the first year and $500,000 the
6.20second year are for oversight and analysis of
6.21state technology investments.
6.22(d) $1,456,000 the first year and $1,000,000
6.23the second year are for small agency
6.24technology infrastructure. During the first
6.25biennium, these amounts are intended to
6.26include hardware and software improvements
6.27for the Asian-Pacific Council, the Capitol
6.28Area Architectural and Planning Board,
6.29the Minnesota Library for the Blind,
6.30the Minnesota State Academies, and
6.31the Ombudsman for Mental Health and
6.32Developmental Disabilities. Ongoing
6.33funding for improvements made during fiscal
7.1years 2008 and 2009 may be added to the
7.2base funding for those agencies in fiscal
7.3years 2010 and 2011.
7.4(e) $68,000 is for an electronic documents
7.5study and report.
7.6(f) $200,000 is for grants to be distributed to
7.7the counties participating in the development
7.8of the integrated financial system for
7.9enhancements to the system. Enhancements
7.10include:
7.11(1) systems to improve the tracking and
7.12reporting of state and federal grants;
7.13(2) electronic payments to vendors;
7.14(3) electronic posting of state payments to
7.15the financial system;
7.16(4) automating revenue collection and
7.17posting through check conversion, automatic
7.18clearing house transactions, or credit card
7.19processing;
7.20(5) improvements to county budgetary
7.21systems;
7.22(6) storage or linkage of electronic
7.23documents;
7.24(7) improved executive level reporting and
7.25extraction of data; and
7.26(8) improved information and reporting for
7.27audits.
7.28The grant funds shall be distributed on a pro
7.29rata basis to each of the counties participating
7.30in the development of the integrated financial
7.31system. The Minnesota Counties Computer
7.32Cooperative, acting as a fiscal agent for
7.33the participating counties, shall receive the
8.1grant money for the counties. The grants
8.2will only be distributed after $600,000 is
8.3expended or provided from other sources.
8.4The chief information officer may require
8.5a report or such other information as the
8.6chief information officer deems appropriate
8.7to verify that the requirements of this
8.8section have been met. This appropriation
8.9is available until June 30, 2011, and cancels
8.10on that date.
| 8.11 |
Sec. 10. ADMINISTRATIVE HEARINGS |
$ |
8,087,000 |
$ |
7,801,000 |
||
| 8.12 |
Appropriations by Fund |
||
| 8.13 |
2008 |
2009 |
|
| 8.14 |
General |
281,000 |
285,000 |
| 8.15 8.16 |
Workers' Compensation |
7,806,000 |
7,516,000 |
8.18compensation judges, to be located in Duluth.
| 8.19 |
Sec. 11. ADMINISTRATION |
||||||
| 8.20 |
Subdivision 1. Total Appropriation |
$ |
27,990,000 |
$ |
23,385,000 |
||
8.22purpose are specified in the following
8.23subdivisions.
| 8.24 |
Subd. 2.State Facilities Services |
14,746,000 |
11,458,000 |
||||
8.26the second year are for office space costs of
8.27the legislature and veterans organizations,
8.28for ceremonial space, and for statutorily free
8.29space.
8.30(b) $2,500,000 the first year is to purchase
8.31and implement a Web-enabled, shared
8.32computer system to facilitate the state's real
8.33property portfolio management.
9.1(c) $250,000 the first year and $250,000 the
9.2second year are for the energy conservation
9.3recommissioning activities in state buildings.
9.4(d) $885,000 the first year is for onetime
9.5funding of agency relocation expenses for
9.6the Department of Public Safety.
| 9.7 |
Subd. 3.State and Community Services |
3,420,000 |
3,583,000 |
||||
9.9second year are to fund activities to prepare
9.10for and promote the 2010 census. Base
9.11funding for this activity is $260,000 in fiscal
9.12year 2010 and $180,000 in fiscal year 2011.
9.13(b) $1,100,000 the first year and $1,100,000
9.14the second year are for the Land Management
9.15Information Center.
9.16(c) $196,000 the first year and $196,000 the
9.17second year are for the Office of the State
9.18Archaeologist.
| 9.19 |
Subd. 4.Administrative Management Services |
6,121,000 |
5,241,000 |
||||
9.21Office of Grants Management to standardize
9.22state grants management policies and
9.23procedures. For the fiscal year beginning
9.24July 1, 2008, the commissioner must deduct
9.25from state grants subject to nongovernmental
9.26entities up to $125,000, as necessary to
9.27fund the commissioner's duties under
9.28new Minnesota Statutes, sections 16B.97
9.29and 16B.98. The amount deducted from
9.30appropriations for these grants is transferred
9.31to the commissioner for purposes of
9.32administering those sections.
10.1(b) $285,000 the first year is to fund a pilot
10.2project to reduce state expenditures on
10.3professional/technical contracts.
10.4(c) $250,000 the first year and $250,000
10.5the second year are to establish a small
10.6agency resource team to consolidate and
10.7streamline the human resources and financial
10.8management activities for small state
10.9agencies, boards, and councils.
10.10(d) $425,000 the first year is a onetime
10.11appropriation for a targeted group business
10.12disparity study. The commissioner must
10.13cooperate with units of local government
10.14conducting similar studies.
10.15(e) $74,000 the first year and $74,000
10.16the second year are for the Council on
10.17Developmental Disabilities.
10.18(f) $53,000 the first year and $36,000 the
10.19second year are for the genetic information
10.20work group and report.
10.21(g) $250,000 in fiscal year 2008 and
10.22$250,000 in fiscal year 2009 are for a grant
10.23to the Council on Developmental Disabilities
10.24for the purpose of establishing a statewide
10.25self-advocacy network for persons with
10.26intellectual and developmental disabilities
10.27(ID/DD). The self-advocacy network shall:
10.28(1) ensure that persons with ID/DD are
10.29informed of their rights in employment,
10.30housing, transportation, voting, government
10.31policy, and other issues pertinent to the
10.32ID/DD community;
11.1(2) provide public education and awareness
11.2of the civil and human rights issues persons
11.3with ID/DD face;
11.4(3) provide funds, technical assistance, and
11.5other resources for self-advocacy groups
11.6across the state; and
11.7(4) organize systems of communications
11.8to facilitate an exchange of information
11.9between self-advocacy groups.
11.10This appropriation is in addition to any other
11.11appropriations and must be added to the base
11.12appropriation beginning in fiscal year 2010.
11.13(h) $75,000 is for purposes of promotion
11.14of document imaging work in government
11.15agencies to be done by persons with
11.16developmental disabilities.
| 11.17 |
Subd. 5.Fiscal Agent |
600,000 |
|||||
11.19sustainable growth working group.
11.20(b) $500,000 is for a grant to Washington
11.21County for capital improvements detailed in
11.22the approved planned unit development for
11.23the Disabled Veteran's Rest Camp to provide
11.24increased capacity, amenities, access, and
11.25safety for Minnesota veterans.
| 11.26 |
Subd. 6.Public broadcasting |
$ |
3,103,000 |
$ |
3,103,000 |
||
11.28the second year are for matching grants
11.29for public television. The base budget for
11.30matching grants shall be $1,161,000 in fiscal
11.31year 2010 and $1,161,000 in fiscal year 2011.
11.32(b) $398,000 the first year and $398,000
11.33the second year are for public television
11.34equipment grants. Equipment or matching
12.1grant allocations shall be made after
12.2considering the recommendations of the
12.3Minnesota Public Television Association.
12.4The base budget for public television
12.5equipment grants shall be $200,000 in fiscal
12.6year 2010 and $200,000 in fiscal year 2011.
12.7(c) $17,000 the first year and $17,000 the
12.8second year are for grants to the Twin Cities
12.9regional cable channel.
12.10(d) $350,000 in fiscal year 2008 and $350,000
12.11in fiscal year 2009 are for community service
12.12grants to public educational radio stations.
12.13The base budget for the community service
12.14grants shall be $287,000 in fiscal year 2010
12.15and $287,000 in fiscal year 2011.
12.16(e) $250,000 in fiscal year 2008 and $250,000
12.17in fiscal year 2009 are for equipment grants
12.18to public educational radio stations. The
12.19general fund base funding for equipment
12.20grants is increased by $125,000 each year in
12.21the fiscal 2010-2011 biennium.
12.22(f) The grants in paragraphs (d) and (e)
12.23must be allocated after considering the
12.24recommendations of the Association of
12.25Minnesota Public Educational Radio Stations
12.26under Minnesota Statutes, section 129D.14.
12.27(g) $475,000 the first year and $475,000
12.28the second year are for equipment grants to
12.29Minnesota Public Radio, Inc. The budget
12.30base for the Minnesota Public Radio, Inc.
12.31equipment grants shall be $190,000 in fiscal
12.32year 2010 and $190,000 in fiscal year 2011.
12.33(h) Any unencumbered balance remaining
12.34the first year for grants to public television or
13.1radio stations does not cancel and is available
13.2for the second year.
| 13.3 13.4 13.5 |
Sec. 12. CAPITOL AREA ARCHITECTURAL AND PLANNING BOARD |
$ |
428,000 |
$ |
372,000 |
||
13.7decennial expenses related to the board's
13.8duties under Minnesota Statutes, section
13.9473.864, subdivisions 1 and 2. Money
13.10appropriated in fiscal year 2008 is available
13.11until June 30, 2009. This is a onetime
13.12appropriation.
| 13.13 |
Sec. 13. FINANCE |
||||||
| 13.14 |
Subdivision 1. Total Appropriation |
$ |
22,382,000 |
$ |
15,331,000 |
||
13.16purpose are specified in the following
13.17subdivisions.
| 13.18 |
Subd. 2.State Financial Management |
8,912,000 |
8,752,000 |
||||
13.20share of the cost of bankruptcy counsel
13.21representing joint interests of the state and
13.22the city of Duluth in the Northwest Airlines
13.23bankruptcy. This is a onetime appropriation.
13.24(b) Notwithstanding the provisions of
13.25Minnesota Statutes, section 16A.1522,
13.26subdivision 4, the commissioner of finance
13.27shall designate any positive general fund
13.28budgetary balance on June 30, 2007, as an
13.29unrestricted balance. Money so designated
13.30shall remain available for general fund
13.31appropriations authorized in fiscal years
13.322008 and 2009.
| 13.33 13.34 |
Subd. 3.Information and Management Services |
13,470,000 |
6,579,000 |
||||
14.2the Minnesota Accounting and Procurement
14.3System (MAPS). $6,500,000 is to implement
14.4remediation strategies as necessary to avoid
14.5a systemic failure. $500,000 of the first year
14.6total is for planning for the system's eventual
14.7replacement.
| 14.8 |
Sec. 14. EMPLOYEE RELATIONS |
$ |
6,385,000 |
$ |
5,947,000 |
||
14.10Health Care Purchasing Improvement.
14.11(b) $186,000 the first year and $203,000 the
14.12second year are for transfer to state agencies
14.13for additional expenses incurred as a result
14.14of expanded use of sick leave authorized by
14.15this act.
14.16(c) $350,000 the first year is to support the
14.17use of an electronic portfolio system to
14.18provide personal health records for MnSCU
14.19employees and other participants in the state
14.20employee group insurance program. Of
14.21this amount, $50,000 is for transfer to the
14.22University of Minnesota Health Informatics
14.23Division to evaluate the use and impact of
14.24personal health records on these employees.
14.25This appropriation is available until June 30,
14.262009.
| 14.27 |
Sec. 15. REVENUE |
||||||
| 14.28 |
Subdivision 1.Total Appropriation |
$ |
132,562,000 |
$ |
121,466,000 |
||
15.2purpose are specified in subdivisions 2 and 3.
| 15.3 |
Subd. 2.Tax System Management |
108,401,000 |
99,616,000 |
||||
15.11the second year are for additional activities
15.12to identify and collect tax liabilities from
15.13individuals and businesses that currently
15.14do not pay all taxes owed. This initiative
15.15is expected to result in new general fund
15.16revenues of $42,400,000 for the biennium
15.17ending June 30, 2009.
15.18(b) The department must report to the chairs
15.19of the house of representatives Ways and
15.20Means and senate Finance Committees by
15.21March 1, 2008, and January 15, 2009, on the
15.22following performance indicators:
15.23(1) the number of corporations noncompliant
15.24with the corporate tax system each year and
15.25the percentage and dollar amounts of valid
15.26tax liabilities collected;
15.27(2) the number of businesses noncompliant
15.28with the sales and use tax system and the
15.29percentage and dollar amount of the valid tax
15.30liabilities collected; and
15.31(3) the number of individual noncompliant
15.32cases resolved and the percentage and dollar
15.33amounts of valid tax liabilities collected.
15.34(c) The reports must also identify base-level
15.35expenditures and staff positions related to
16.1compliance and audit activities, including
16.2baseline information as of January 1, 2006.
16.3The information must be provided at the
16.4budget activity level.
16.5(d) $16,000,000 the first year is for the
16.6purchase and development of an integrated
16.7tax software package.
16.8(e) $75,000 the first year and $75,000 the
16.9second year are for grants to one or more
16.10nonprofit organizations, qualifying under
16.11section 501(c)(3) of the Internal Revenue
16.12Code of 1986, to coordinate, facilitate,
16.13encourage, and aid in the provision of
16.14taxpayer assistance services. For purposes
16.15of this paragraph, "taxpayer assistance
16.16services" means accounting and tax
16.17preparation services provided by volunteers
16.18to low-income and disadvantaged Minnesota
16.19residents to help them file federal and
16.20state income tax returns and Minnesota
16.21property tax refund claims and may include
16.22providing personal representation before
16.23the Department of Revenue and Internal
16.24Revenue Service.
| 16.25 |
Subd. 3.Accounts Receivable Management |
20,161,000 |
21,850,000 |
||||
16.27the second year are for additional activities
16.28to identify and collect tax liabilities from
16.29individuals and businesses that currently do
16.30not pay all taxes owed. This initiative is
16.31expected to result in new general revenues of
16.32$60,000,000 for the biennium ending June
16.3330, 2009.
| 16.34 |
Sec. 16. GAMBLING CONTROL |
$ |
2,846,000 |
$ |
2,893,000 |
||
17.2gambling regulation account in the special
17.3revenue fund.
| 17.4 |
Sec. 17. RACING COMMISSION |
$ |
1,130,000 |
$ |
899,000 |
||
17.6regulation accounts in the special revenue
17.7fund.
17.8(b) $295,000 the first year and $64,000 the
17.9second year and thereafter are for information
17.10technology improvements implemented in
17.11consultation with the Office of Enterprise
17.12Technology as part of the small agency
17.13technology initiative.
| 17.14 |
Sec. 18. STATE LOTTERY |
||||||
17.16
17.17must not exceed $27,378,000 in fiscal year
17.182008 and $28,141,000 in fiscal year 2009.
| 17.19 |
Sec. 19. TORT CLAIMS |
$ |
161,000 |
$ |
161,000 |
||
17.21If the appropriation for either year is
17.22insufficient, the appropriation for the other
17.23year is available for it.
| 17.24 17.25 |
Sec. 20. MINNESOTA STATE RETIREMENT SYSTEM |
$ |
1,608,000 |
$ |
1,649,000 |
||
17.27each program are as follows:
| 17.28 |
(1) Legislators |
1,170,000 |
1,200,000 |
||||
17.30subdivision 2, 3A.04, subdivisions 3 and 4;
17.31and 3A.115.
| 18.1 |
(2) Constitutional Officers |
438,000 |
449,000 |
||||
18.3352C.031, subdivision 5;
18.4subdivision 3; and
18.5(b) If an appropriation in this section for
18.6either year is insufficient, the appropriation
18.7for the other year is available for it.
| 18.8 18.9 |
Sec. 21. MINNEAPOLIS EMPLOYEES RETIREMENT FUND |
$ |
9,000,000 |
$ |
9,000,000 |
||
18.11Minnesota Statutes, section 422A.101,
18.12subdivision 3.
| 18.13 18.14 |
Sec. 22. TEACHERS RETIREMENT ASSOCIATION |
$ |
15,800,000 |
$ |
15,800,000 |
||
18.16follows:
| 18.17 18.18 18.19 |
(a) Special direct state aid authorized under Minnesota Statutes, section 354A.12, subdivisions 3a and 3c. |
13,300,000 |
13,300,000 |
||||
| 18.20 18.21 18.22 |
(b) Special direct state matching aid authorized under Minnesota Statutes, section 354A.12, subdivision 3b. |
2,500,000 |
2,500,000 |
||||
| 18.23 18.24 |
Sec. 23. ST. PAUL TEACHERS RETIREMENT FUND |
$ |
2,967,000 |
$ |
2,967,000 |
||
18.26special direct state aid to first class city
18.27teachers retirement funds authorized under
18.28Minnesota Statutes, section
18.29subdivisions 3a and 3c.
| 18.30 |
Sec. 24. AMATEUR SPORTS COMMISSION |
$ |
371,000 |
$ |
376,000 |
||
18.32used for an additional event development
18.33position. This is a onetime appropriation.
19.1The base budget for the Amateur Sports
19.2Commission shall be $215,000 in fiscal year
19.32010 and $215,000 in fiscal year 2011.
19.4The amount available for appropriation to
19.5the commission under Laws 2005, chapter
19.6156, article 2, section 43, is reduced in the
19.7first year and the second year by the amounts
19.8appropriated in this section.
| 19.9 19.10 |
Sec. 25. COUNCIL ON BLACK MINNESOTANS |
$ |
322,000 |
$ |
328,000 |
||
19.12year are for expenses related to the state's
19.13annual Martin Luther King, Jr. holiday
19.14celebration.
| 19.15 19.16 |
Sec. 26. COUNCIL ON CHICANO/LATINO AFFAIRS |
$ |
306,000 |
$ |
310,000 |
||
| 19.17 19.18 |
Sec. 27. COUNCIL ON ASIAN-PACIFIC MINNESOTANS |
$ |
287,000 |
$ |
285,000 |
||
| 19.19 |
Sec. 28. INDIAN AFFAIRS COUNCIL |
$ |
661,000 |
$ |
487,000 |
||
19.21of an Indian burial site in Becker County. The
19.22Indian Affairs Council shall solicit donations
19.23from federal, state, nonprofit, private, and
19.24tribal sources for this purpose. This is a
19.25onetime appropriation and is available for
19.26expenditure until June 30, 2009.
19.27$100,000 in the first year is for transfer to the
19.28director of the Minnesota Office of Higher
19.29Education for a grant for the Dakota/Ojibwe
19.30Language Revitalization Project to expand
19.31an existing pilot project to promote activities
19.32and programs that are specific to promoting
19.33revitalization of indigenous language for
20.1American Indian children who do not live
20.2on an Indian reservation. The pilot project
20.3shall focus on developing programs that
20.4meet the language needs of children in
20.5prekindergarten through grade 12. This is a
20.6onetime appropriation.
| 20.7 20.8 |
Sec. 29. GENERAL CONTINGENT ACCOUNTS |
$ |
1,000,000 |
$ |
500,000 |
||
| 20.9 |
Appropriations by Fund |
||
| 20.10 |
2008 |
2009 |
|
| 20.11 |
General |
500,000 |
-0- |
| 20.12 20.13 |
State Government Special Revenue |
400,000 |
400,000 |
| 20.14 20.15 |
Workers' Compensation |
100,000 |
100,000 |
20.17may only be spent with the approval of
20.18the governor after consultation with the
20.19Legislative Advisory Commission pursuant
20.20to Minnesota Statutes, section 3.30.
20.21(b) If an appropriation in this section for
20.22either year is insufficient, the appropriation
20.23for the other year is available for it.
20.24(c) If a contingent account appropriation
20.25is made in one fiscal year, it should be
20.26considered a biennial appropriation.
20.27 Sec. 30. MANAGERIAL POSITION REDUCTIONS.
20.28 The governor must reduce the number of deputy commissioners, assistant
20.29commissioners, and positions designated as unclassified under authority of Minnesota
20.30Statutes, section 43A.08, subdivision 1a, by an amount that will generate savings to the
20.31general fund of $ 4,775,000 in the biennium ending June 30, 2009, and $7,600,000 in the
20.32biennium ending June 30, 2011.
21.3 Section 1. [3.052] SCHEDULE FOR CONSIDERATION OF LEGISLATION.
21.4 Subdivision 1. Agency bills. An executive department or agency intending to urge
21.5the legislature to adopt a bill shall deliver the bill to the revisor of statutes by November
21.61 before the regular session at which adoption will be urged. This deadline does not
21.7apply: (1) to bills necessary to implement the governor's budget proposals; (2) to other
21.8bills that are policy initiatives of the governor, as opposed to administrative initiatives of a
21.9department or agency; or (3) as otherwise provided in section 3C.035.
21.10 Subd. 2. State of the state. The governor is encouraged to submit a state of the state
21.11address in January of each odd-numbered year and within the first ten days after the start
21.12of the legislative session in an even-numbered year. Before or during this address, the
21.13governor is encouraged to announce major legislative policy initiatives that the governor
21.14intends to promote that year.
21.15 Subd. 3. Executive submission of budget bills. The governor must submit bills
21.16necessary to implement the governor's operating budget to the legislature within two
21.17weeks after the date specified in section 16A.11 for the governor to submit the detailed
21.18operating budget to the legislature. The bills must be provided to the speaker of the house
21.19of representatives and the majority leader of the senate in a manner ready for formal
21.20introduction and final consideration.
21.21 Sec. 2. [3.181] PRINTED MATERIALS.
21.22 If paper copies of legislative bills and amendments are printed, they must be printed
21.23on paper that measures 8-1/2 inches by 11 inches.
21.24EFFECTIVE DATE.This section is effective January 1, 2009.
21.25 Sec. 3. [3.3051] PUBLIC INFORMATION.
21.26 The Legislative Coordinating Commission must establish a joint legislative public
21.27information office.
21.28 The office is the legislative entity responsible for:
21.29 (1) producing legislative directories and rosters, news magazines, and general
21.30educational materials about the legislative process;
21.31 (2) in cooperation with other legislative offices, providing schedules of legislative
21.32meetings;
22.1 (3) producing television coverage of certain legislative proceedings; and
22.2 (4) performing other functions assigned by the Legislative Coordinating
22.3Commission.
22.4 Sec. 4. [3.306] MEETING TIMES.
22.5 The house of representatives and the senate must adopt rules that set one time as the
22.6regular hour of convening daily sessions in both houses.
22.7 Sec. 5. [3.3061] JOINT STANDING COMMITTEES.
22.8 The house of representatives and the senate are encouraged to adopt rules that:
22.9 (1) establish a system of joint standing committees to consider and report on
22.10legislation and conduct other legislative business, except that each house may separately
22.11establish a committee on rules and administration and a committee on ethics; or
22.12 (2) provide that house and senate committees with similar jurisdiction will meet at
22.13the same time to facilitate joint meetings.
22.14 Sec. 6. Minnesota Statutes 2006, section 3.85, subdivision 3, is amended to read:
22.15 Subd. 3. Membership. The commission consists of
22.16senate appointed by the Subcommittee on Committees of the Committee on Rules and
22.17Administration and
22.18speaker. Members shall be appointed at the commencement of each regular session of the
22.19legislature for a two-year term beginning January 16 of the first year of the regular session.
22.20Members continue to serve until their successors are appointed. Vacancies that occur while
22.21the legislature is in session shall be filled like regular appointments. If the legislature is not
22.22in session, senate vacancies shall be filled by the last Subcommittee on Committees of the
22.23senate Committee on Rules and Administration or other appointing authority designated
22.24by the senate rules, and house vacancies shall be filled by the last speaker of the house, or
22.25if the speaker is not available, by the last chair of the house Rules Committee.
22.26 Sec. 7. [3.9228] MINNESOTA OFFICE ON ETHNIC HERITAGE AND NEW
22.27AMERICANS.
22.28 Subdivision 1. Office established. The Minnesota Office of Ethnic Heritage and
22.29New Americans is established to: (1) recognize the state's rich ethnic diversity and the
22.30contributions that immigrants have made to the state's social, economic, and cultural
22.31history; and (2) capitalize on and develop the strengths of the immigrant community in
22.32Minnesota. The commission shall assist state government to foster an understanding and
23.1appreciation of ethnic and cultural diversity in Minnesota, to more effectively identify
23.2the underutilized resources within the immigrant community and to facilitate the full
23.3participation of immigrants in social, cultural, and political life in this state.
23.4 Subd. 2. Membership. The Minnesota Office of Ethnic Heritage and New
23.5Americans consists of 14 members: the Subcommittee on Committees of the Committee
23.6on Rules and Administration of the senate shall appoint two public members and two
23.7senators; and the speaker of the house of representatives shall appoint two public members
23.8and two members of the house of representatives. The governor shall appoint six public
23.9members.
23.10 Appointees must have proven experience and dedication to working with the wide
23.11range of ethnic communities within Minnesota, the immigrant community, and possess
23.12training and experience in business, management, economics, public policy, legal affairs,
23.13and social work. The appointing authorities shall seek to collaborate with each other and
23.14with the councils established in sections 3.9223, 3.9225, and 3.9226 to ensure that the
23.15public membership of the commission is ethnically and geographically diverse and is
23.16reasonably balanced by gender.
23.17 Compensation and the filling of vacancies or appointed members are as provided in
23.18section 15.0575. The appointments required under this subdivision must be completed
23.19no later than September 1, 2007.
23.20 Subd. 3. Organization. As soon as possible after the appointments under
23.21subdivision 2 have been completed, the executive director of the Legislative Coordinating
23.22Commission shall convene the first meeting of the commission. The members of the
23.23commission shall select their chairperson at the first meeting.
23.24 Subd. 4. Assistance. The Legislative Coordinating Commission shall provide the
23.25administrative and clerical support services necessary for the operation of the Minnesota
23.26Office on Ethnic Heritage and New Americans.
23.27 Subd. 5. Duties. The Minnesota Office of Ethnic Heritage and New Americans shall:
23.28 (1) work with community leaders, the legislature, and the executive branch to
23.29develop programs and proposals that will encourage ethnic identity, preserve ethnic
23.30heritage, and promote education of the public about the state's heritage and cultural history;
23.31 (2) make recommendations to the legislature and the governor intended to foster the
23.32understanding and appreciation of cultural diversity in the state;
23.33 (3) maintain association with ethnic, cultural, and minority groups to determine
23.34community needs;
23.35 (4) study and consider opportunities and issues for the immigrant community in
23.36this state, including:
24.1 (i) steps to eliminate underutilization of immigrants in the state's work force;
24.2 (ii) improving the efficient use of existing state programs and services; and
24.3 (iii) other appropriate steps to improve the economic and social condition of
24.4immigrants in this state.
24.5 By December 1, 2008, the commission shall report to the chairs of the legislative
24.6committees and divisions with jurisdiction over issues affecting ethnic heritage and
24.7immigrants. The report must include a discussion of the items listed in this subdivision
24.8together with recommendations for state agencies and the legislature, including any
24.9proposed legislation necessary to accomplish the recommendations. The executive
24.10director of the Legislative Coordinating Commission shall ensure that copies of the report
24.11are available on the Legislative Coordinating Commission's Web site.
24.12 Subd. 6. Expiration. This section expires on June 30, 2009.
24.13 Sec. 8. Minnesota Statutes 2006, section 3.9741, subdivision 1, is amended to read:
24.14 Subdivision 1. Metropolitan Commission. Upon the audit of the financial accounts
24.15and affairs of a commission under section
24.16Metropolitan Commission is liable to the state for the total cost and expenses of the
24.17audit, including the salaries paid to the examiners while actually engaged in making
24.18the examination. The legislative auditor may bill the Metropolitan Commission either
24.19monthly or at the completion of the audit. All collections received for the audits must be
24.20
24.21EFFECTIVE DATE.This section is effective the day following final enactment.
24.22 Sec. 9. [4.60] POET LAUREATE.
24.23 (a) The position of poet laureate of the state of Minnesota is established. The
24.24Minnesota Humanities Commission must solicit nominations for the poet laureate
24.25appointment and must make recommendations to the governor. After receiving
24.26recommendations from the Minnesota Humanities Commission, the governor shall
24.27appoint a state poet laureate and conduct appropriate ceremonies to honor the person
24.28appointed. The person appointed as poet laureate continues to serve in this position until
24.29the governor appoints another person.
24.30 (b) State agencies and officers are encouraged to use the services of the poet laureate
24.31for appropriate ceremonies and celebrations.
24.32 Sec. 10. Minnesota Statutes 2006, section 5.12, subdivision 1, is amended to read:
25.1 Subdivision 1. Fees. The secretary of state shall charge a fee of $5 for each
25.2certificate or certification of a copy of any document filed in the Office of the Secretary
25.3of State. The secretary of state shall charge a fee of $3 for a copy of an original filing of
25.4a corporation, limited partnership, assumed name, or trade or service mark
25.5
25.6fee of $3 for a copy of any or all subsequent filings of a corporation, limited partnership,
25.7assumed name, or trade or service mark. The secretary of state shall charge a fee of $1 per
25.8page for copies of other nonuniform commercial code documents filed with the secretary of
25.9state. At the time of filing, the secretary of state may provide at the public counter, without
25.10charge, a copy of a filing, ten or fewer pages in length, to the person making the filing.
25.11EFFECTIVE DATE.This section is effective August 1, 2007.
25.12 Sec. 11. [5.32] TEMPORARY TECHNOLOGY SURCHARGE.
25.13 Subdivision 1. Surcharge. For fiscal years 2008 and 2009, the following technology
25.14surcharges are imposed on the filing fees required under the following statutes:
25.15 (1) $25 for articles of incorporation filed under section 302A.151;
25.16 (2) $25 for articles of organization filed under section 322B.17;
25.17 (3) $25 for applications for certificates of authority to transact business in Minnesota
25.18filed under section 303.06;
25.19 (4) $20 for annual reports filed by non-Minnesota corporations under section
25.20303.14; and
25.21 (5) $50 for reinstatements to authority to transact business in Minnesota filed under
25.22section 303.19.
25.23 Subd. 2. Deposit. The surcharges listed in subdivision 1 shall be deposited into the
25.24uniform commercial code account.
25.25 Subd. 3. Expiration. This section expires June 30, 2009.
25.26 Sec. 12. [6.465] DEFINITIONS.
25.27 Subdivision 1. Application. For the purposes of this chapter, the terms defined in
25.28this section have the meaning given them.
25.29 Subd. 2. Political subdivision. "Political subdivision" means a county, home rule
25.30charter or statutory city, town, school district, metropolitan or regional agency, public
25.31corporation, political subdivision, or special district as defined in subdivision 3. "Political
25.32subdivision" does not include a metropolitan or regional agency or a public corporation
25.33audited by the legislative auditor.
26.1 Subd. 3. Special district. "Special district" means a public entity with a special
26.2or limited purpose, financed by property tax revenues or other public funds, that is
26.3not included in a city, county, or town financial report as a component of that local
26.4government, that is created or authorized by law, and that is governed by (1) persons
26.5directly elected to the governing board of the district, (2) persons appointed to the
26.6governing board of the district by local elected officials, (3) local elected officials who
26.7serve on the board by virtue of their elected office, or (4) a combination of these methods
26.8of selection. Special district includes special taxing districts listed in section 275.066.
26.9 Sec. 13. Minnesota Statutes 2006, section 6.47, is amended to read:
26.106.47 ACCOUNTING AND BUDGETING SYSTEMS; INVESTIGATION,
26.11FORMS.
26.12 The state auditor shall inquire into the accounting and budgeting systems of all
26.13
26.14accounts and budgeting, and forms, books, and instructions concerning the same. At the
26.15request of any
26.16such systems.
26.17
26.18
26.19
26.20 Sec. 14. Minnesota Statutes 2006, section 6.51, is amended to read:
26.216.51
26.22POLITICAL SUBDIVISIONS.
26.23 All powers and duties of the state auditor herein imposed and conferred with respect
26.24to the supervision, inspection, and examination of books and accounts of cities in section
26.26subdivisions of this state. A copy of the report of such examination shall be filed, subject
26.27to public inspection, with the clerk or chief administrative officer of the
26.28
26.29copy with the county auditor of the county in which the administrative offices of
26.30
26.31disclose malfeasance, misfeasance, or nonfeasance in office, the state auditor shall file
26.32such copy with the county attorney of the county in which the administrative offices of
26.33
26.34county attorney shall institute such proceedings as the law and the public interest require.
27.1 Sec. 15. Minnesota Statutes 2006, section 6.54, is amended to read:
27.26.54 EXAMINATION OF
27.3SUBDIVISION RECORDS PURSUANT TO PETITION.
27.4 Subdivision 1. Petition of voters for audit. The registered voters in a
27.5
27.6or the electors at an annual or special town meeting of a town may petition the state
27.7auditor to examine the books, records, accounts, and affairs of the
27.8
27.9project, enterprise, or fund thereof; and the scope of the examination may be limited by the
27.10petition, but the examination shall cover, at least, all cash received and disbursed and the
27.11transactions relating thereto, provided that the state auditor shall not examine more than
27.12the six latest years preceding the circulation of the petition, unless it appears to the state
27.13auditor during the examination that the audit period should be extended to permit a full
27.14recovery under bonds furnished by public officers or employees, and may if it appears to
27.15the auditor in the public interest confine the period or the scope of audit or both period and
27.16scope of audit, to less than that requested by the petition. In the case of a
27.17
27.18petition shall be signed by a number of registered voters at least equal to 20 percent of
27.19those voting in the last presidential election.
27.20 Subd. 2. School districts. The eligible voters of any school district may petition the
27.21state auditor, who shall be subject to the same restrictions regarding the scope and period
27.22of audit, provided that the petition shall be signed by at least ten eligible voters for each 50
27.23resident pupils in average daily membership during the preceding school year as shown on
27.24the records in the office of the commissioner of education. In the case of school districts,
27.25the petition shall be signed by at least ten eligible voters.
27.26 Subd. 3. Certifications required. At the time it is circulated, every petition shall
27.27contain a statement that the cost of the audit will be borne by the
27.28
27.29delivered to the state auditor it shall be presented to the appropriate
27.30clerk or chief administrative officer of the political subdivision and the county auditor.
27.31The county auditor shall determine and certify whether the petition is signed by the
27.32required number of registered voters or eligible voters as the case may be. The certificate
27.33shall be conclusive evidence thereof in any action or proceeding for the recovery of the
27.34costs, charges, and expenses of any examination made pursuant to the petition.
28.1 Sec. 16. Minnesota Statutes 2006, section 6.55, is amended to read:
28.26.55 EXAMINATION OF RECORDS PURSUANT TO RESOLUTION OF
28.3GOVERNING BODY.
28.4 The governing body of any
28.5by appropriate resolution may ask the state auditor to examine the books, records,
28.6accounts and affairs of their government, or of any organizational unit, activity, project,
28.7enterprise, or fund thereof; and the state auditor shall examine the same upon receiving,
28.8pursuant to said resolution, a written request signed by a majority of the members of the
28.9governing body; and the governing body of any
28.10
28.11instrumentality joint or several of any
28.12subdivision, may request an audit of its books, records, accounts and affairs in the same
28.13manner; provided that the scope of the examination may be limited by the request, but
28.14such examination shall cover, at least, all cash received and disbursed and the transactions
28.15relating thereto. Such written request shall be presented to the clerk,
28.16or chief administrative officer of
28.17
28.18being presented to the state auditor, who shall determine whether the same is signed
28.19by a majority of the members of such governing body and, if found to be so signed,
28.20shall certify such fact, and the fact that such resolution was passed, which certificate
28.21shall be conclusive evidence thereof in any action or proceedings for the recovery of the
28.22costs, charges and expenses of any examination made pursuant to such request. Nothing
28.23contained in any of the laws of the state relating to the state auditor, shall be so construed
28.24as to prevent any
28.25a certified public accountant to examine its books, records, accounts, and affairs. For the
28.26purposes of this section, the governing body of a town is the town board.
28.27 Sec. 17. Minnesota Statutes 2006, section 6.551, is amended to read:
28.286.551 EXAMINATION OF GRANTEES AND CONTRACTORS OF
28.29
28.30 The state auditor may examine the books, records, documents, and accounting
28.31procedures and practices of a contractor or grantee of a
28.32subdivision pursuant to section
28.33the books, records, documents, and accounting procedures and practices that are relevant
28.34to the contract or transaction with the
29.1 Sec. 18. Minnesota Statutes 2006, section 6.57, is amended to read:
29.26.57 COST OF EXAMINATION, COLLECTION.
29.3 On July
29.4the examination of any
29.5that have remained unpaid for a period of three months from the date of such claim. The
29.6auditor shall forthwith notify the clerk,
29.7of each
29.8has a claim that, if the same is not paid, with interest at the rate of six percent per annum
29.9from the date of the claim, within 90 days, the full amount thereof will be certified to the
29.10county auditor of the county having such examination, or to the county auditor for the
29.11county or counties in which
29.12situated, for collection by special tax levy, as herein provided. Such notice shall be served
29.13by certified mail and the deposit thereof in the United States mail shall constitute due and
29.14legal service thereof upon the
29.15 Sec. 19. Minnesota Statutes 2006, section 6.59, is amended to read:
29.166.59 CLAIM OF STATE FOR COST OF EXAMINATION, CONTEST.
29.17 On or before September
29.18
29.19upon the attorney general that it desires to contest the legality of the state's claim, and
29.20the attorney general shall forthwith file with the court administrator of the district court
29.21of the county having such examination, or in which
29.22the political subdivision, or major part thereof, is situated, a verified statement of the
29.23state's claim, duly itemized and serve upon the auditor
29.24officer of
29.25mail, a copy of such statement.
29.26subdivision may file with the court administrator of such district court, within ten days
29.27after the service of such statement upon it, verified objections to the state's claim, and such
29.28district court shall thereupon summarily, in or out of term, hear and determine the amount
29.29due the state, if any, for such examination, at a time and place fixed by the court therefor.
29.30The court administrator of court shall certify to the county auditor of the county having
29.31such examination, or to the county auditor of the county or counties in which
29.32
29.33by the court to be due to the state, if any.
30.1 Sec. 20. Minnesota Statutes 2006, section 6.60, is amended to read:
30.26.60 STATE AUDITOR, CERTIFICATION OF AMOUNTS DUE.
30.3 On October
30.4due the state from the various
30.5subdivisions, including interest computed to July first, following, to the county auditor of
30.6the county having such examination, or to the county auditor of the county in which any
30.7
30.8county auditor, upon receiving a certificate from the state auditor, or a certificate from the
30.9court administrator, as provided in section
30.10claim, with 25 percent added, in the tax levy for general revenue purposes of the
30.11
30.12within any limitation imposed by law upon the amount of taxes which may be levied for
30.13revenue purposes. Upon completion of the June tax settlement following such levy the
30.14county treasurer shall deduct from the amount apportioned to the
30.15political subdivision for general revenue purposes, the amount due the state, including
30.16interest, and remit the same to the commissioner of finance.
30.17 Sec. 21. Minnesota Statutes 2006, section 6.62, subdivision 2, is amended to read:
30.18 Subd. 2. Cost of postaudit. The amount of said levy shall be the amount of the
30.19claim or claims submitted by the state auditor for such services or the auditor's estimate of
30.20the entire cost, and said amount shall be certified by the governing body, after the request
30.21or petition for the audit has been filed, to the county auditor, along with amounts requested
30.22for other governmental purposes. If such levy has been made in excess of statutory
30.23limitations, and if the request or petition is withdrawn after the amount of the levy has
30.24been certified but the levy cannot be canceled because it has been spread on the tax lists,
30.25the governing body shall cause the proceeds of such levy to be transferred to the general
30.26fund and reduce the succeeding year's levy for general purposes accordingly. Provided,
30.27however,
30.28financial affairs are required by statute or charter to be audited at regular intervals may
30.29levy annually or biennially in anticipation of the audit expense, without the presentment of
30.30such claim or estimate by the state auditor.
30.31 Sec. 22. Minnesota Statutes 2006, section 6.63, is amended to read:
30.326.63 APPLICATION.
31.1 The units of government set forth in sections
31.2shall be construed, where applicable, to include, in addition to those therein specifically
31.3named, public utility commissions, public corporations, and instrumentalities.
31.4 Sec. 23. Minnesota Statutes 2006, section 6.64, is amended to read:
31.56.64 COOPERATION WITH PUBLIC ACCOUNTANTS; PUBLIC
31.6ACCOUNTANT DEFINED.
31.7 There shall be mutual cooperation between the state auditor and public accountants
31.8in the performance of auditing, accounting, and other related services for
31.9
31.10purposes of sections
31.11the meaning ascribed to it in section
31.12 Sec. 24. Minnesota Statutes 2006, section 6.65, is amended to read:
31.136.65 MINIMUM PROCEDURES FOR AUDITORS, PRESCRIBED.
31.14 The state auditor shall prescribe minimum procedures and the audit scope for
31.15auditing the books, records, accounts, and affairs of
31.16political subdivisions in Minnesota. The minimum scope for audits of all
31.17
31.18Audits of all school districts must include a determination of compliance with uniform
31.19financial accounting and reporting standards. The state auditor shall promulgate an
31.20audit guide for legal compliance audits, in consultation with representatives of the state
31.21auditor, the attorney general, towns, cities, counties, school districts, and private sector
31.22public accountants.
31.23 Sec. 25. Minnesota Statutes 2006, section 6.66, is amended to read:
31.246.66 CERTAIN PRACTICES OF PUBLIC ACCOUNTANTS AUTHORIZED.
31.25 Any public accountant may engage in the practice of auditing the books, records,
31.26accounts, and affairs of
31.27
31.28audited exclusively by the state auditor.
31.29 Sec. 26. Minnesota Statutes 2006, section 6.67, is amended to read:
31.306.67 PUBLIC ACCOUNTANTS; REPORT OF EVIDENCE POINTING TO
31.31MISCONDUCT.
32.1 Whenever a public accountant in the course of auditing the books and affairs of a
32.2
32.3discover evidence pointing to nonfeasance, misfeasance, or malfeasance, on the part of
32.4an officer or employee in the conduct of duties and affairs, the public accountant shall
32.5promptly make a report of such discovery to the state auditor and the county attorney of
32.6the county in which the
32.7accountant shall also furnish a copy of the report of audit upon completion to said officers.
32.8The county attorney shall act on such report in the same manner as required by law for
32.9reports made to the county attorney by the state auditor.
32.10 Sec. 27. Minnesota Statutes 2006, section 6.68, is amended to read:
32.116.68 STATE AUDITOR MAY ASSIST PUBLIC ACCOUNTANT IN AUDIT.
32.12 Subdivision 1. Request to governing body. If in an audit of a
32.13
32.14need of the assistance of the state auditor, the accountant may obtain such assistance
32.15by requesting the governing body of the
32.16examined to request the state auditor to perform such auditing or investigative services, or
32.17both, as the matter and the public interest require.
32.18 Subd. 2. Auditor's report; payment. The state auditor shall work in close
32.19cooperation with the public accountant in rendering the services so requested and the
32.20state auditor shall make such report of findings to the county attorney as is required by
32.21law to be made of nonfeasance, misfeasance, and malfeasance discovered by the state
32.22auditor. The
32.23such services so performed by the state auditor in the same manner as if it had requested
32.24the services pursuant to section
32.25 Sec. 28. Minnesota Statutes 2006, section 6.70, is amended to read:
32.266.70 ACCESS TO REPORTS.
32.27 The state auditor and the public accountants shall have reasonable access to each
32.28other's audit reports, working papers, and audit programs concerning audits made by each
32.29of
32.30subdivisions.
32.31 Sec. 29. Minnesota Statutes 2006, section 6.71, is amended to read:
32.326.71 SCOPE OF AUDITOR'S INVESTIGATION.
33.1 Whenever the governing body of a
33.2subdivision shall have requested a public accountant to make an audit of its books and
33.3affairs, and such audit is in progress or has been completed, and registered voters or
33.4electors petition or the governing body requests or both the state auditor to make an
33.5examination covering the same, or part of the same, period, the state auditor may, in the
33.6public interest, limit the scope of the examination to less than that specified in section
33.8within the state auditor's powers and duties to investigate.
33.9 Sec. 30. Minnesota Statutes 2006, section 6.715, is amended by adding a subdivision
33.10to read:
33.11 Subd. 5. Review of data; data protection. If, before releasing a report, the state
33.12auditor provides a person with data relating to the audit for the purpose of review and
33.13verification of the data, the person must protect the data from unlawful disclosure or be
33.14subject to the penalties and liabilities provided in sections 13.08 and 13.09.
33.15 Sec. 31. [6.756] SPECIAL DISTRICTS; INFORMATION REQUIRED TO BE
33.16FILED WITH STATE AUDITOR; AUDITS.
33.17 Subdivision 1. Governance documents must be filed. Each special district must
33.18file with the state auditor, within 60 days of adoption, any document relating to the
33.19governance of the district, including articles of incorporation, bylaws, or agreements,
33.20and any amendment to these documents.
33.21 Subd. 2. Audit requirements. (a) A special district with total annual revenue
33.22greater than the threshold amount for cities under section 412.591, subdivision 3,
33.23paragraph (b), must provide for an annual audit of the district's financial affairs by the
33.24state auditor or a public accountant in accordance with minimum auditing procedures
33.25prescribed by the state auditor.
33.26 (b) A special district with total annual revenue that is equal to or less than the
33.27threshold amount for cities under section 412.591, subdivision 3, paragraph (b), must
33.28provide for an audit of the district's financial affairs by the state auditor or a public
33.29accountant in accordance with minimum audit procedures prescribed by the state auditor
33.30at least once every five years. The audit must be for a one-year period to be determined
33.31at random by the person conducting the audit. The audited financial statement must be
33.32prepared in a form prescribed by the state auditor similar to the reporting requirements for
33.33cities under 2,500 in population. For any year in which a special district is not audited,
33.34the district must prepare a financial statement in a form prescribed by the state auditor
34.1similar to the reporting requirements for cities reporting on a cash basis and file that
34.2statement with the state auditor.
34.3 (c) This subdivision does not apply to a special district subject to financial auditing
34.4and reporting requirements under other law.
34.5 Subd. 3. Presentation to governing board; filing with state auditor. Except as
34.6provided by other law, financial statements and audits must be completed, presented to the
34.7district's governing board, and filed with the state auditor within 180 days after the end of
34.8the district's fiscal year.
34.9 Sec. 32. [8.37] ASSISTANCE TO VETERANS.
34.10 The attorney general may advise and assist veterans and their families as to services
34.11available from public and private agencies. For purposes of this section, "veteran" means
34.12any veteran or active member of the United States armed services, including the National
34.13Guard and Reserves.
34.14 Sec. 33. [11A.27] REPORT ON INVESTMENT CONSULTANT ACTIVITIES
34.15AND DELIVERABLES.
34.16 (a) Annually, on or before November 1, the State Board of Investment shall file a
34.17report with the Legislative Reference Library on the activities and work product during
34.18that year of any investment consultants retained by the board.
34.19 (b) The report must include the following items:
34.20 (1) the total contract fee paid to each investment consultant;
34.21 (2) a listing of the projects in which the investment consultant was involved; and
34.22 (3) examples of the written work product provided by the investment consultant on
34.23those projects during the report coverage period.
34.24EFFECTIVE DATE.This section is effective June 30, 2007.
34.25 Sec. 34. [12.62] MINNESOTA LEGISLATIVE COMMISSION ON TERRORISM
34.26AND DISASTER PREPAREDNESS.
34.27 Subdivision 1. Creation; duties. The Legislative Commission on Terrorism and
34.28Disaster Preparedness is established to:
34.29 (1) advise the legislature on issues related to homeland security, emergency
34.30management, man-made and natural disasters, terrorism, bioterrorism, public health
34.31emergencies, and vulnerabilities in the public and private infrastructures;
34.32 (2) oversee the disaster preparation activities of the Department of Health,
34.33Department of Public Safety, and any other state agency, office, commission, or board that
35.1is within the commission's purview, and make recommendations to these organizations of
35.2changes or additions to the organizations' disaster preparedness and risk reduction work
35.3plans that the commission deems advisable; and
35.4 (3) make policy and finance recommendations to improve the state's public and
35.5private capacity to prevent, respond to, and recover from man-made and natural threats to
35.6the state.
35.7 Subd. 2. Membership. (a) The commission consists of:
35.8 (1) three members of the house of representatives, one of whom must be a member
35.9of the minority party, to be appointed by the speaker of the house of representatives;
35.10 (2) three members of the senate, one of whom must be a member of the minority
35.11party, to be appointed by the senate majority leader;
35.12 (3) the commissioner of public safety, or a designee, as an ex-officio member;
35.13 (4) the commissioner of health, or a designee, as an ex-officio member;
35.14 (5) the attorney general, or a designee, as an ex-officio member;
35.15 (6) two citizen members with relevant expertise, selected by the speaker of the
35.16house of representatives;
35.17 (7) two citizen members with relevant expertise, selected by the senate majority
35.18leader;
35.19 (8) two citizen members, selected by the speaker of the house of representatives; and
35.20 (9) two citizen members, selected by the senate majority leader.
35.21 (b) Members serve for a term expiring at the close of each regular session of the
35.22legislature but continue to serve until their successors are appointed. Members may be
35.23reappointed. The appointing authority shall fill vacancies.
35.24 (c) One member, elected by a majority of members, shall serve as the commission
35.25chair. The commission chair should have relevant subject matter education, training, and
35.26experience. The commission is authorized to elect a vice-chair and other officers as it
35.27deems necessary. The commission shall determine the duties of each officer.
35.28 (d) The commission chair shall convene meetings of the commission on a regular
35.29basis.
35.30 Subd. 3. Compensation. Compensation of legislative members is as provided in
35.31section 3.101. Compensation of the remaining members is as provided in section 15.0575.
35.32 Subd. 4. Staff. The commission may appoint and fix the compensation of such
35.33additional legal and other personnel and consultants or contract for services to supply
35.34necessary data as may be necessary to enable the commission to carry out its functions.
35.35 Subd. 5. Data from state agencies; availability. The commission may request
35.36information from any state officer or agency or political subdivision of the state in order to
36.1assist the commission in carrying out its duties and the state officer, agency, or subdivision
36.2must promptly furnish any data required, subject to applicable requirements or restrictions
36.3imposed by chapter 13 and section 15.17.
36.4 Subd. 6. Report. By January 15 of each year, the commission must submit a
36.5report that contains the commission's policy and appropriation recommendations to the
36.6legislature, the commissioner of health, and the commissioner of public safety.
36.7 Subd. 7. Repeal. This section is repealed June 30, 2011.
36.8EFFECTIVE DATE.This section is effective July 1, 2007.
36.9 Sec. 35. [13.595] GRANTS.
36.10 Subdivision 1. Definitions. For purposes of this section, the following terms have
36.11the meanings given them.
36.12 (a) "Completion of the evaluation process" means that the granting agency has
36.13completed negotiating the grant agreement with the selected grantee.
36.14 (b) "Grant agreement" means the document that details the responsibilities of the
36.15grantee and the granting agency and the value to be provided to the grantee.
36.16 (c) "Grantee" means a person that applies for or receives a grant.
36.17 (d) "Granting agency" means the government entity that provides the grant.
36.18 (e) "Opened" means the act that occurs once the deadline for submitting a response
36.19to a proposal to the granting agency has been reached.
36.20 (f) "Request for proposal" means the data outlining the responsibilities the granting
36.21agency wants the grantee to assume.
36.22 (g) "Response" means the data submitted by a grantee as required by a request for
36.23proposal.
36.24 Subd. 2. Request for applications. Data created by a granting agency to create a
36.25request for proposal is classified as nonpublic until the request for proposal is published.
36.26To the extent that a granting agency involves persons outside the granting agency to create
36.27the request for proposal, the data remain nonpublic in the hands of all persons who may
36.28not further disseminate any data that are created or reviewed as part of the request for
36.29proposal development. At publication, the data in the request for proposal is public.
36.30 Subd. 3. Responses to request for proposals. (a) Responses submitted by a grantee
36.31are private or nonpublic until the responses are opened. Once the responses are opened,
36.32the name and address of the grantee and the amount requested is public. All other data in a
36.33response is private or nonpublic data until completion of the evaluation process. After a
36.34granting agency has completed the evaluation process, all remaining data in the responses
36.35is public with the exception of trade secret data as defined and classified in section 13.37.
37.1A statement by a grantee that the response is copyrighted or otherwise protected does
37.2not prevent public access to the response.
37.3 (b) If all responses are rejected prior to completion of the evaluation process,
37.4all data, other than that made public at the opening, remain private or nonpublic
37.5until a resolicitation of proposals results in completion of the evaluation process or a
37.6determination is made to abandon the grant. If the rejection occurs after the completion of
37.7the evaluation process, the data remain public. If a resolicitation of proposals does not
37.8occur within one year of the grant opening date, the remaining data become public.
37.9 Subd. 4. Evaluation data. (a) Data created or maintained by a granting agency as
37.10part of the evaluation process referred to in this section are protected nonpublic data until
37.11completion of the evaluation process at which time the data are public with the exception
37.12of trade secret data as defined and classified in section 13.37.
37.13 (b) If a granting agency asks individuals outside the granting agency to assist with
37.14the evaluation of the responses, the granting agency may share not public data in the
37.15responses with those individuals. The individuals participating in the evaluation may not
37.16further disseminate the not public data they review.
37.17 Sec. 36. Minnesota Statutes 2006, section 13.605, subdivision 1, is amended to read:
37.18 Subdivision 1. Legislative and budget proposal data. (a) Definition. As used
37.19in this section, "state administration" means the governor's office, the Department of
37.20Finance, and any state agency that is under the direct control of the governor.
37.21 (b) Classifications. Legislative and budget proposals, including preliminary
37.22drafts, that are created, collected, or maintained by the state administration are protected
37.23nonpublic data
37.24administration
37.25budget is presented to the legislature.
37.26The state administration may disclose any of the data within the state administration and
37.27to the public at any time if disclosure would aid the administration in considering and
37.28preparing its proposals.
37.29 Sec. 37. [15B.055] PARKING SPACES.
37.30 To provide the public with greater access to legislative proceedings, all parking
37.31spaces on Aurora Avenue in front of the Capitol building must be reserved for the public.
37.32 Sec. 38. Minnesota Statutes 2006, section 15B.17, subdivision 1, is amended to read:
38.1 Subdivision 1. Proposals. (a) Before a state agency or other public body develops
38.2
38.3improvements within the Capitol Area to submit to the legislature and the governor,
38.4it must consult with the board.
38.5 (b) The public body must provide enough money for the board's review and planning
38.6if the board decides its review and planning services are necessary. Money received by the
38.7board under this subdivision is deposited in the special revenue fund and appropriated in
38.8fiscal years 2008 and 2009 to the board.
38.9 Sec. 39. Minnesota Statutes 2006, section 16A.103, subdivision 1e, is amended to read:
38.10 Subd. 1e. Economic information. The commissioner must review economic
38.11information including economic forecasts with legislative fiscal staff no later than two
38.12weeks before the forecast is released. The commissioner must invite the chairs and lead
38.13minority members of the senate
38.14Ways and Means Committee, and legislative fiscal staff to attend any meetings held with
38.15outside economic advisors. The commissioner must provide legislative fiscal staff with
38.16monthly economic forecast information received from outside sources.
38.17 Sec. 40. [16A.104] BASE BUDGET DETAIL.
38.18 Within one week of the release of the budget forecasts required in section 16A.103
38.19in November of an even-numbered year and February of an odd-numbered year, the
38.20commissioner of finance must provide to the legislature information that illustrates how the
38.21base level budget for the next biennium is projected to be spent. In designing the report,
38.22the commissioner must consult with the chairs of the house of representatives and senate
38.23Finance Committees and the house of representatives Committee on Ways and Means.
38.24 Sec. 41. [16A.107] CASH FLOW FORECAST.
38.25 Within two weeks after the November forecast of state revenue and expenditures
38.26under section 16A.103, the commissioner shall deliver to the governor and the legislature
38.27a forecast of cash flow for the general fund, showing the expected maximum and minimum
38.28cash balance in the fund for each month of the forecast period.
38.29 Sec. 42. Minnesota Statutes 2006, section 16A.11, is amended by adding a subdivision
38.30to read:
38.31 Subd. 3d. Budget bills. The necessary bills to implement the governor's operating
38.32budget must be submitted to the legislature within two weeks after the operating budget
39.1was submitted. The necessary bills to implement the governor's capital budget must be
39.2submitted to the legislature within two weeks after the capital budget was submitted.
39.3 Sec. 43. [16A.117] CONTINUING APPROPRIATIONS.
39.4 If a major appropriation bill to fund a given state agency for the next biennium has
39.5not been passed in the same form by the house of representatives and senate and been
39.6presented to the governor before July 1 of an odd-numbered year, amounts sufficient to
39.7continue operation of that agency and the programs administered by that agency through
39.8July 31 of the fiscal year beginning in the same calendar year at the base level for that
39.9fiscal year, as determined according to section 16A.11, subdivision 3, and previous
39.10appropriation acts, are appropriated to the agency from the appropriate funds and accounts
39.11in the state treasury. The base level for an appropriation that was designated as onetime or
39.12was onetime in nature is zero. Determination of the amount appropriated may be made
39.13on a proration of the annual amount or another reasonable basis as determined by the
39.14commissioner of finance.
39.15 Sec. 44. Minnesota Statutes 2006, section 16A.1286, subdivision 2, is amended to read:
39.16 Subd. 2. Billing procedures. The commissioner may bill up to $7,520,000 in
39.17each fiscal year for statewide systems services provided to state agencies, judicial branch
39.18agencies, the University of Minnesota, the Minnesota State Colleges and Universities,
39.19and other entities.
39.20
39.21agency operating appropriations to the statewide systems account the amount billed by
39.22the commissioner. Billing policies and procedures related to statewide systems services
39.23must be developed by the commissioner in consultation with the commissioners of
39.24employee relations and administration, the University of Minnesota, and the Minnesota
39.25State Colleges and Universities.
39.26 Sec. 45. [16B.327] DEFINITIONS.
39.27 Subdivision 1. Application. For the purposes of section 16B.328, the definitions
39.28in this section have the meanings given.
39.29 Subd. 2. Energy conservation. "Energy conservation" means reducing energy use
39.30and includes: (1) using a light with lower wattage; and (2) using devices such as time
39.31controls, motion detectors, or on and off switches that limit unnecessary use of lighting.
39.32 Subd. 3. Cutoff luminaire. "Cutoff luminaire" means a luminaire in which 2.5
39.33percent or less of the lamp lumens are emitted above a horizontal plane through the
40.1luminaire's lowest part and ten percent or less of the lamp lumens are emitted at a vertical
40.2angle 80 degrees above the luminaire's lowest point.
40.3 Subd. 4. Light pollution. "Light pollution" means the shining of light produced by
40.4a luminaire above the height of the luminaire and into the sky.
40.5 Subd. 5. Lumen. "Lumen" means a unit of luminous flux. One footcandle is one
40.6lumen per square foot. For purposes of section 16B.328, the lumen-output values are
40.7the initial lumen output rating of the lamp.
40.8 Subd. 6. Luminaire "Luminaire" means a complete lighting unit consisting of a
40.9light source and all necessary mechanical, electrical, and decorative parts.
40.10 Subd. 7. Outdoor lighting fixture. "Outdoor lighting fixture" means any type of
40.11fixed or movable lighting equipment that is designed or used for illumination outdoors.
40.12The term includes billboard lighting, streetlights, searchlights, and other lighting used for
40.13advertising purposes and area lighting. The term does not include lighting equipment
40.14that is required by law to be installed on motor vehicles or lighting required for the safe
40.15operation of aircraft.
40.16 Sec. 46. [16B.328] STANDARDS FOR STATE FUNDED OUTDOOR LIGHTING
40.17FIXTURES; MODEL ORDINANCE.
40.18 Subdivision 1. Outdoor lighting fixtures. (a) An outdoor lighting fixture may be
40.19installed or replaced using state funds only if:
40.20 (1) the new or replacement outdoor lighting fixture is a cutoff luminaire if the rated
40.21output of the outdoor lighting fixture is greater than 1,800 lumens;
40.22 (2) the minimum illuminance adequate for the intended purpose is used with
40.23consideration given to nationally recognized standards;
40.24 (3) for lighting of a designated highway of the state highway system, the Department
40.25of Transportation determines that the purpose of the outdoor lighting fixture cannot be
40.26achieved by the installation of reflective road markers, lines, warning or informational
40.27signs, or other effective passive methods; and
40.28 (4) full consideration has been given to energy conservation and savings, reducing
40.29glare, minimizing light pollution, and preserving the natural night environment.
40.30 (b) Paragraph (a) does not apply if:
40.31 (1) a federal law, rule, or regulation preempts state law;
40.32 (2) the outdoor lighting fixture is used on a temporary basis because emergency
40.33personnel require additional illumination for emergency procedures;
40.34 (3) the outdoor lighting fixture is used on a temporary basis for nighttime work;
41.1 (4) special events or situations require additional illumination, provided that the
41.2illumination installed shields the outdoor lighting fixtures from direct view and minimizes
41.3upward lighting and light pollution;
41.4 (5) the outdoor lighting fixture is used solely to highlight the aesthetic aspects of
41.5a single object or distinctive building; or
41.6 (6) a compelling safety interest exists that cannot be addressed by another method.
41.7 (c) This subdivision does not apply to the operation and maintenance of lights or
41.8lighting systems purchased or installed, or for which design work is completed, before
41.9August 1, 2007.
41.10 (d) This section does not apply if a state agency or local unit of government
41.11determines that compliance with this section would:
41.12 (i) require an increased use of electricity;
41.13 (ii) increase the construction cost of a lighting system more than 15 percent over the
41.14construction cost of a lighting system that does not comply with this section;
41.15 (iii) increase the cost of operation and maintenance of the lighting system more than
41.16ten percent over the cost of operating and maintaining the existing lighting system over
41.17the life of the lighting system; or
41.18 (iv) result in a negative safety impact.
41.19 Subd. 2. Model ordinance. The commissioner of administration, in consultation
41.20with the commissioner of commerce, associations for local governments, and any other
41.21interested person, shall develop a model ordinance that can be adapted for use by cities,
41.22counties, and towns, governing outdoor lighting to reduce light pollution. The model
41.23ordinance must include provisions addressing elements similar to those in subdivision 1.
41.24In addition, the model ordinance must address:
41.25 (1) standards for lighting on private property, outdoor advertising, lighting on
41.26commercial, industrial, or institutional property, canopies covering fueling stations, and
41.27public streets, sidewalks, and alleys;
41.28 (2) how illumination levels should be measured;
41.29 (3) possible exemptions, such as for temporary emergency or hazard lighting;
41.30 (4) recommended elements for an exterior lighting plan for a development;
41.31 (5) treatment of nonconforming lighting;
41.32 (6) lighting standards that might apply in special subdistricts;
41.33 (7) light pole maximum heights; and
41.34 (8) light trespass.
41.35 Sec. 47. Minnesota Statutes 2006, section 16B.35, subdivision 1, is amended to read:
42.1 Subdivision 1. Percent of appropriations for art. An appropriation for the
42.2construction or alteration of any state building may contain an amount not to exceed
42.3
42.4acquisition of works of art, excluding landscaping, which may be an integral part of the
42.5building or its grounds, attached to the building or grounds or capable of being displayed
42.6in other state buildings.
42.7
42.8
42.9for this purpose is available only for the acquisition of works of art to be exhibited in areas
42.10of a building or its grounds accessible, on a regular basis, to members of the public. No
42.11more than ten percent of the total amount available each fiscal year under this subdivision
42.12may be used for administrative expenses, either by the commissioner of administration or
42.13by any other entity to whom the commissioner delegates administrative authority. For the
42.14purposes of this section "state building" means a building the construction or alteration of
42.15which is paid for wholly or in part by the state.
42.16EFFECTIVE DATE.This section is effective July 1, 2007. The repeal of the
42.17$100,000 limit in this section applies to appropriations made before, on, or after that date.
42.18 Sec. 48. [16B.97] GRANTS MANAGEMENT.
42.19 Subdivision 1. Grant agreement. (a) A grant agreement is a written instrument
42.20or electronic document defining a legal relationship between a granting agency and a
42.21grantee when the principal purpose of the relationship is to transfer cash or something of
42.22value to the recipient to support a public purpose authorized by law instead of acquiring
42.23by professional/technical contract, purchase, lease, or barter property or services for the
42.24direct benefit or use of the granting agency.
42.25 (b) This section does not apply to capital project grants to political subdivisions as
42.26defined by section 16A.86.
42.27 Subd. 2. Grants governance. The commissioner shall provide leadership and
42.28direction for policy related to grants management in Minnesota in order to foster more
42.29consistent, streamlined interaction between executive agencies, funders, and grantees that
42.30will enhance access to grant opportunities and information and lead to greater program
42.31accountability and transparency. The commissioner has the duties and powers stated in this
42.32section. An executive agency must do what the commissioner requires under this section.
42.33 Subd. 3. Discretionary powers. The commissioner has the authority to:
42.34 (1) review grants management practices and propose policy and procedure
42.35improvements to the governor, legislature, executive agencies, and the federal government;
43.1 (2) sponsor, support, and facilitate innovative and collaborative grants management
43.2projects with public and private organizations;
43.3 (3) review, recommend, and implement alternative strategies for grants management;
43.4 (4) collect and disseminate information, issue reports relating to grants management,
43.5and sponsor and conduct conferences and studies; and
43.6 (5) participate in conferences and other appropriate activities related to grants
43.7management issues.
43.8 Subd. 4. Duties. (a) The commissioner shall:
43.9 (1) create general grants management policies and procedures that are applicable to
43.10all executive agencies. The commissioner may approve exceptions to these policies and
43.11procedures for particular grant programs. Exceptions shall expire or be renewed after five
43.12years. Executive agencies shall retain management of individual grants programs;
43.13 (2) provide a central point of contact concerning statewide grants management
43.14policies and procedures;
43.15 (3) serve as a resource to executive agencies in such areas as training, evaluation,
43.16collaboration, and best practices in grants management;
43.17 (4) ensure grants management needs are considered in the development, upgrade,
43.18and use of statewide administrative systems and leverage existing technology whereever
43.19possible;
43.20 (5) oversee and approve future professional and technical service contracts and
43.21other information technology spending related to executive agency grants management
43.22activities;
43.23 (6) provide a central point of contact for comments about executive agencies
43.24violating statewide grants governance policies and about fraud and waste in grants
43.25processes;
43.26 (7) forward received comments to the appropriate agency for further action, and
43.27may follow up as necessary; and
43.28 (8) provide a single listing of all available executive agency competitive grant
43.29opportunities and resulting grant recipients.
43.30 (b) The commissioner may determine that it is cost-effective for agencies to develop
43.31and use shared grants management technology systems. This system would be governed
43.32under section 16E.01, subdivision 3, paragraph (b).
43.33 (c) The duties assigned to the commissioner in this subdivision with respect to
43.34grants also apply to easements granted by executive agencies.
43.35 Sec. 49. [16B.98] GRANT AGREEMENTS.
44.1 Subdivision 1. Limitation. As a condition of receiving a grant from an appropriation
44.2of state funds, the recipient of the grant must agree to minimize administrative costs. The
44.3granting agency is responsible for negotiating appropriate limits to these costs so that the
44.4state derives the optimum benefit for grant funding.
44.5 Subd. 2. Ethical practices and conflict of interest. An employee of the executive
44.6branch involved directly or indirectly in grants processes, at any level, is subject to the
44.7code of ethics in section 43A.38.
44.8 Subd. 3. Conflict of interest. (a) The commissioner must develop policies
44.9regarding code of ethics and conflict of interest designed to prevent conflicts of interest
44.10for employees, committee members, or others involved in the recommendation, award,
44.11and administration of grants. The policies must apply to employees who are directly or
44.12indirectly in the grants process, which may include the following:
44.13 (1) developing request for proposals or evaluation criteria;
44.14 (2) drafting, recommending, awarding, amending, revising, or entering into grant
44.15agreements;
44.16 (3) evaluating or monitoring performance; or
44.17 (4) authorizing payments.
44.18 (b) The policies must include:
44.19 (1) a process to make all parties to the grant aware of policies and laws relating to
44.20conflict of interest, and training on how to avoid and address potential conflicts; and
44.21 (2) a process under which those who have a conflict of interest or a potential conflict
44.22of interest must disclose the matter.
44.23 (c) If the employee, appointing authority, or commissioner determines that a conflict
44.24of interest exists, the matter shall be assigned to another employee who does not have a
44.25conflict of interest. If it is not possible to assign the matter to an employee who does not
44.26have a conflict of interest, interested personnel shall be notified of the conflict and the
44.27employee may proceed with the assignment.
44.28 Subd. 4. Reporting of violations. A state employee who discovers evidence
44.29of violation of laws or rules governing grants is encouraged to report the violation or
44.30suspected violation to the employee's supervisor, the commissioner or the commissioner's
44.31designee, or the legislative auditor. The legislative auditor shall report to the Legislative
44.32Audit Commission if there are multiple complaints about the same agency. The auditor's
44.33report to the Legislative Audit Commission under this section must disclose only the
44.34number and type of violations alleged. An employee making a good faith report under this
44.35section has the protections provided for under section 181.932, prohibiting the employer
44.36from discriminating against the employee.
45.1 Subd. 5. Creation and validity of grant agreements. (a) A grant agreement is
45.2not valid and the state is not bound by the grant unless:
45.3 (1) the grant has been executed by the head of the agency or a delegate who is
45.4party to the grant; and
45.5 (2) the accounting system shows an encumbrance for the amount of the grant in
45.6accordance with policy approved by the commissioner.
45.7 (b) The combined grant agreement and amendments must not exceed five years
45.8without specific, written approval by the commissioner according to established policy,
45.9procedures, and standards, or unless the commissioner determines that a longer duration is
45.10in the best interest of the state.
45.11 (c) A fully executed copy of the grant agreement with all amendments and other
45.12required records relating to the grant must be kept on file at the granting agency for a time
45.13equal to that required of grantees in subdivision 8.
45.14 (d) Grant agreements must comply with policies established by the commissioner
45.15for minimum grant agreement standards and practices.
45.16 (e) The attorney general may periodically review and evaluate a sample of state
45.17agency grants to ensure compliance with applicable laws.
45.18 Subd. 6. Grant administration. A granting agency shall diligently administer
45.19and monitor any grant it has entered into.
45.20 Subd. 7. Grant payments. Payments to the grantee may not be issued until the
45.21grant agreement is fully executed.
45.22 Subd. 8. Audit. (a) A grant agreement made by an executive agency must include
45.23an expressed or implied audit clause that provides that the books, records, documents,
45.24and accounting procedures and practices of the grantee or other party that are relevant to
45.25the grant or transaction are subject to examination by the granting agency and either the
45.26legislative auditor or the state auditor, as appropriate, for a minimum of six years from the
45.27grant agreement end date, receipt and approval of all final reports, or the required period
45.28of time to satisfy all state and program retention requirements, whichever is later.
45.29 (b) If the granting agency is a local unit of government, and the governing body of
45.30the local unit of government requests that the state auditor examine the books, records,
45.31documents, and accounting procedures and practices of the grantee or other party
45.32according to this subdivision, the granting agency shall be liable for the cost of the
45.33examination. If the granting agency is a local unit of government, and the grantee or other
45.34party requests that the state auditor examine all books, records, documents, and accounting
45.35procedures and practices related to the grant, the grantee or other party that requested the
45.36examination shall be liable for the cost of the examination.
46.1 Subd. 9. Authority of attorney general. The attorney general may pursue
46.2remedies available by law to avoid the obligation of an agency to pay under a grant or to
46.3recover payments made if activities under the grant are so unsatisfactory, incomplete, or
46.4inconsistent that payment would involve unjust enrichment. The contrary opinion of the
46.5granting agency does not affect the power of the attorney general under this subdivision.
46.6 Subd. 10. Grants with Indian tribes and bands. Notwithstanding any other law,
46.7an agency may not require an Indian tribe or band to deny its sovereignty as a requirement
46.8or condition of a grant with an agency.
46.9 Sec. 50. Minnesota Statutes 2006, section 16C.02, is amended by adding a subdivision
46.10to read:
46.11 Subd. 3a. Best and final offer. "Best and final offer" means an optional step in
46.12the solicitation process in which responders are requested to improve their response by
46.13methods including, but not limited to, the reduction of cost, clarification or modification of
46.14the response, or the provision of additional information.
46.15 Sec. 51. Minnesota Statutes 2006, section 16C.02, subdivision 4, is amended to read:
46.16 Subd. 4. Best value. "Best value" describes a result intended in the acquisition of all
46.17goods and services. Price must be one of the evaluation criteria when acquiring goods
46.18and services. Other evaluation criteria may include, but are not limited to, environmental
46.19considerations, quality, and vendor performance. In achieving "best value" strategic
46.20sourcing tools, including but not limited to best and final offers, negotiations, contract
46.21consolidation, product standardization, and mandatory-use enterprise contracts shall be
46.22used at the commissioner's discretion.
46.23 Sec. 52. Minnesota Statutes 2006, section 16C.02, is amended by adding a subdivision
46.24to read:
46.25 Subd. 6a. Enterprise procurement. "Enterprise procurement" means the process
46.26undertaken by the commissioner to leverage economies of scale of multiple end users to
46.27achieve cost savings and other favorable terms in contracts for goods and services.
46.28 Sec. 53. Minnesota Statutes 2006, section 16C.02, subdivision 12, is amended to read:
46.29 Subd. 12. Request for proposal or RFP. "Request for proposal" or "RFP" means a
46.30solicitation in which it is not advantageous to set forth all the actual, detailed requirements
46.31at the time of solicitation and responses are
46.32best value for the state.
47.1 Sec. 54. Minnesota Statutes 2006, section 16C.02, subdivision 14, is amended to read:
47.2 Subd. 14. Response. "Response" means the offer received from a vendor in
47.3response to a solicitation. A response includes submissions commonly referred to as
47.4"offers," "bids," "quotes,"
47.5 Sec. 55. Minnesota Statutes 2006, section 16C.02, is amended by adding a subdivision
47.6to read:
47.7 Subd. 20. Strategic sourcing. "Strategic sourcing" means methods used to
47.8analyze and reduce spending on goods and services, including but not limited to
47.9spend analysis, product standardization, contract consolidation, negotiations, multiple
47.10jurisdiction purchasing alliances, reverse and forward auctions, life-cycle costing, and
47.11other techniques.
47.12 Sec. 56. Minnesota Statutes 2006, section 16C.03, subdivision 2, is amended to read:
47.13 Subd. 2. Rulemaking authority. Subject to chapter 14, the commissioner may
47.14adopt rules, consistent with this chapter and chapter 16B, relating to the following topics:
47.15 (1) procurement process including solicitations and responses to solicitations, bid
47.16security, vendor errors, opening of responses, award of contracts, tied bids, and award
47.17protest process;
47.18 (2) contract performance and failure to perform;
47.19 (3) authority to debar or suspend vendors, and reinstatement of vendors;
47.20 (4) contract cancellation;
47.21 (5) procurement from rehabilitation facilities; and
47.22 (6) organizational conflicts of interest.
47.23 Sec. 57. Minnesota Statutes 2006, section 16C.03, subdivision 4, is amended to read:
47.24 Subd. 4. Contracting authority. The commissioner shall conduct all contracting by,
47.25for, and between agencies and perform all contract management and review functions for
47.26contracts, except those functions specifically delegated to be performed by the contracting
47.27agency, the attorney general, or otherwise provided for by law. The commissioner may
47.28require that agency staff participate in the development of enterprise procurements
47.29including the development of product standards, specifications and other requirements.
47.30 Sec. 58. Minnesota Statutes 2006, section 16C.03, subdivision 8, is amended to read:
47.31 Subd. 8. Policy and procedures. The commissioner is authorized to issue policies,
47.32procedures, and standards applicable to all acquisition activities by and for agencies.
48.1Consistent with the authority specified in this chapter, the commissioner shall develop
48.2and implement policies, procedures, and standards ensuring the optimal use of strategic
48.3sourcing techniques.
48.4 Sec. 59. Minnesota Statutes 2006, section 16C.03, subdivision 16, is amended to read:
48.5 Subd. 16. Delegation of duties. The commissioner may delegate duties imposed by
48.6this chapter to the head of an agency and to any subordinate of the agency head. Delegated
48.7duties shall be exercised in the name of the commissioner and under the commissioner's
48.8direct supervision and control. A delegation of duties may include, but is not limited to,
48.9allowing individuals within agencies to acquire goods, services, and utilities within dollar
48.10limitations and for designated types of acquisitions. Delegation of contract management
48.11and review functions must be filed with the secretary of state and may not, except with
48.12respect to delegations within the Department of Administration, exceed two years in
48.13duration. The commissioner may withdraw any delegation at the commissioner's sole
48.14discretion. The commissioner may require an agency head or subordinate to accept
48.15delegated responsibility to procure goods or services intended for the exclusive use of the
48.16agency receiving the delegation.
48.17 Sec. 60. [16C.046] WEB SITE WITH SEARCHABLE DATABASE ON STATE
48.18CONTRACTS AND GRANTS.
48.19 (a) The commissioner of administration must maintain a Web site with a searchable
48.20database providing the public with information on state contracts, including grant
48.21contracts. The database must include the following information for each state contract
48.22valued in excess of $25,000:
48.23 (1) the name and address of the entity receiving the contract;
48.24 (2) the name of the agency entering into the contract;
48.25 (3) whether the contract is:
48.26 (i) for goods;
48.27 (ii) for professional or technical services;
48.28 (iii) for services other than professional and technical services; or
48.29 (iv) a grant;
48.30 (4) a brief statement of the purpose of the contract or grant;
48.31 (5) the amount of the contract or grant and the fund from which this amount will be
48.32paid; and
48.33 (6) the dollar value of state contracts, other than grants, the entity has received in each
48.34fiscal year and the dollar value of state grants the entity has received in each fiscal year.
49.1 (b) Required information on a new contract or grant must be entered into the
49.2database within 30 days of the time the contract is entered into.
49.3 (c) For purposes of this section, a "grant" is a contract between a state agency and
49.4a recipient, the primary purpose of which is to transfer cash or a thing of value to the
49.5recipient to support a public purpose. Grant does not include payments to units of local
49.6government, payments to state employees, or payments made under laws providing for
49.7assistance to individuals.
49.8 (d) The database must include information on grants and contracts entered into
49.9beginning with fiscal year 2008 funds, and must retain that data for ten years.
49.10EFFECTIVE DATE.This section is effective January 1, 2008.
49.11 Sec. 61. Minnesota Statutes 2006, section 16C.05, subdivision 1, is amended to read:
49.12 Subdivision 1. Agency cooperation. Agencies shall fully cooperate with the
49.13commissioner in the management and review of state contracts and in the development
49.14and implementation of strategic sourcing techniques.
49.15 Sec. 62. Minnesota Statutes 2006, section 16C.05, subdivision 2, is amended to read:
49.16 Subd. 2. Creation and validity of contracts. (a) A contract is not valid and the state
49.17is not bound by it and no agency, without the prior written approval of the commissioner
49.18granted pursuant to subdivision 2a, may authorize work to begin on it unless:
49.19 (1) it has first been executed by the head of the agency or a delegate who is a party
49.20to the contract;
49.21 (2) it has been approved by the commissioner; and
49.22 (3) the accounting system shows an encumbrance for the amount of the contract
49.23liability, except as allowed by policy approved by the commissioner and commissioner of
49.24finance for routine, low-dollar procurements.
49.25 (b) The combined contract and amendments must not exceed five years without
49.26specific, written approval by the commissioner according to established policy, procedures,
49.27and standards, or unless otherwise provided for by law. The term of the original contract
49.28must not exceed two years unless the commissioner determines that a longer duration is
49.29in the best interest of the state.
49.30 (c) Grants, interagency agreements, purchase orders, work orders, and annual plans
49.31need not, in the discretion of the commissioner and attorney general, require the signature
49.32of the commissioner and/or the attorney general. A signature is not required for work
49.33orders and amendments to work orders related to Department of Transportation contracts.
50.1Bond purchase agreements by the Minnesota Public Facilities Authority do not require
50.2the approval of the commissioner.
50.3 (d) Amendments to contracts must entail tasks that are substantially similar to
50.4those in the original contract or involve tasks that are so closely related to the original
50.5contract that it would be impracticable for a different contractor to perform the work. The
50.6commissioner or an agency official to whom the commissioner has delegated contracting
50.7authority under section
50.8serve the interest of the state better than a new contract and would cost no more.
50.9 (e) A fully executed copy of every contract, amendments to the contract, and
50.10performance evaluations relating to the contract must be kept on file at the contracting
50.11agency for a time equal to that specified for contract vendors and other parties in
50.12subdivision 5.
50.13 (f) The attorney general must periodically review and evaluate a sample of state
50.14agency contracts to ensure compliance with laws.
50.15 Sec. 63. Minnesota Statutes 2006, section 16C.08, is amended by adding a subdivision
50.16to read:
50.17 Subd. 1a. Enterprise procurement. Notwithstanding section 15.061 or any
50.18other law, the commissioner shall, to the fullest extent practicable, conduct enterprise
50.19procurements that result in the establishment of professional or technical contracts for
50.20use by multiple state agencies. The commissioner is authorized to mandate use of any
50.21contract entered into as a result of an enterprise procurement process. Agencies shall fully
50.22cooperate in the development and use of contracts entered into under this section.
50.23 Sec. 64. Minnesota Statutes 2006, section 16C.08, subdivision 2, is amended to read:
50.24 Subd. 2. Duties of contracting agency. (a) Before an agency may seek approval of
50.25a professional or technical services contract valued in excess of $5,000, it must provide
50.26the following:
50.27 (1) a description of how the proposed contract or amendment is necessary and
50.28reasonable to advance the statutory mission of the agency;
50.29 (2) a description of the agency's plan to notify firms or individuals who may be
50.30available to perform the services called for in the solicitation;
50.31 (3) a description of the performance measures or other tools that will be used to
50.32monitor and evaluate contract performance
50.33 (4) an explanation detailing, if applicable, why this procurement is being pursued
50.34unilaterally by the agency and not as an enterprise procurement.
51.1 (b) In addition to paragraph (a), the agency must certify that:
51.2 (1) no current state employee is able and available to perform the services called
51.3for by the contract;
51.4 (2) the normal competitive bidding mechanisms will not provide for adequate
51.5performance of the services;
51.6 (3) reasonable efforts will be made to publicize the availability of the contract to
51.7the public;
51.8 (4) the agency will develop and implement a written plan providing for the
51.9assignment of specific agency personnel to manage the contract, including a monitoring
51.10and liaison function, the periodic review of interim reports or other indications of past
51.11performance, and the ultimate utilization of the final product of the services;
51.12 (5) the agency will not allow the contractor to begin work before the contract is fully
51.13executed unless an exception under section
51.14the commissioner and funds are fully encumbered;
51.15 (6) the contract will not establish an employment relationship between the state or
51.16the agency and any persons performing under the contract;
51.17 (7) in the event the results of the contract work will be carried out or continued by
51.18state employees upon completion of the contract, the contractor is required to include
51.19state employees in development and training, to the extent necessary to ensure that after
51.20completion of the contract, state employees can perform any ongoing work related to
51.21the same function
51.22 (8) the agency will not contract out its previously eliminated jobs for four years
51.23without first considering the same former employees who are on the seniority unit layoff
51.24list who meet the minimum qualifications determined by the agency.
51.25 (c) A contract establishes an employment relationship for purposes of paragraph (b),
51.26clause (6), if, under federal laws governing the distinction between an employee and an
51.27independent contractor, a person would be considered an employee.
51.28 Sec. 65. Minnesota Statutes 2006, section 16C.08, subdivision 4, is amended to read:
51.29 Subd. 4. Reports. (a) The commissioner shall submit to the governor, the chairs of
51.30the house Ways and Means and senate Finance Committees, and the Legislative Reference
51.31Library a yearly listing of all contracts for professional or technical services executed.
51.32The report must identify the contractor, contract amount, duration, and services to be
51.33provided. The commissioner shall also issue yearly reports summarizing the contract
51.34review activities of the department by fiscal year.
51.35 (b) The fiscal year report must be submitted by September 1 of each year and must:
52.1 (1) be sorted by agency and by contractor;
52.2 (2) show the aggregate value of contracts issued by each agency and issued to each
52.3contractor;
52.4 (3) distinguish between contracts that are being issued for the first time and contracts
52.5that are being extended;
52.6 (4) state the termination date of each contract;
52.7 (5) identify services by commodity code, including topics such as contracts for
52.8training, contracts for research and opinions, and contracts for computer systems; and
52.9 (6) identify which contracts were awarded without following the solicitation process
52.10in this chapter because it was determined that there was only a single source for the
52.11services.
52.12 (c) Within 30 days of final completion of a contract over $50,000 covered by this
52.13subdivision, the head of the agency entering into the contract must submit a one-page
52.14report to the commissioner who must submit a copy to the Legislative Reference Library.
52.15The report must:
52.16 (1) summarize the purpose of the contract, including why it was necessary to enter
52.17into a contract;
52.18 (2) state the amount spent on the contract;
52.19
52.20
52.21
52.22chapter because it was determined that there was only a single source for the services,
52.23explain why the agency determined there was only a single source for the services
52.24 (4) include a written performance evaluation of the work done under the contract.
52.25The evaluation must include an appraisal of the contractor's timeliness, quality, cost, and
52.26overall performance in meeting the terms and objectives of the contract. Contractors may
52.27request copies of evaluations prepared under this subdivision and may respond in writing.
52.28Contractor responses must be maintained with the contract file.
52.29 Sec. 66. Minnesota Statutes 2006, section 16C.08, is amended by adding a subdivision
52.30to read:
52.31 Subd. 4b. Limitations on actions. No action may be maintained by a contractor
52.32against an employee or agency who discloses information about a current or former
52.33contractor under subdivision 4, unless the contractor demonstrates by clear and convincing
52.34evidence that:
52.35 (1) the information was false and defamatory;
53.1 (2) the employee or agency knew or should have known the information was false
53.2and acted with malicious intent to injure the current or former contractor; and
53.3 (3) the information was acted upon in a manner that caused harm to the current or
53.4former contractor.
53.5 Sec. 67. [16C.086] CALL-CENTER.
53.6 An agency may not enter into a contract for operation of a call-center, or a contract
53.7whose primary purpose is to provide similar services answering or responding to telephone
53.8calls on behalf of an agency without determining if the service can be provided by state
53.9employees, and the services must be provided at offices located in the United States. For
53.10purposes of this section, "agency" includes the Minnesota State Colleges and Universities.
53.11EFFECTIVE DATE.This section is effective the day following final enactment,
53.12and applies to a contract entered into or renewed or otherwise extended after that date.
53.13 Sec. 68. Minnesota Statutes 2006, section 16C.10, subdivision 7, is amended to read:
53.14 Subd. 7. Reverse auction. (a) For the purpose of this subdivision, "reverse auction"
53.15means a purchasing process in which vendors compete to provide goods or
53.16services at the lowest selling price in an open and interactive environment. Reverse
53.17auctions may not be utilized to procure engineering design services or architectural
53.18services or to establish building and construction contracts under sections 16C.26 to
53.1916C.29.
53.20 (b) The provisions of sections
53.21do not apply when the commissioner determines that a reverse auction is the appropriate
53.22purchasing process.
53.23 Sec. 69. Minnesota Statutes 2006, section 16C.16, subdivision 5, is amended to read:
53.24 Subd. 5. Designation of targeted groups. (a) The commissioner of administration
53.25shall periodically designate businesses that are majority owned and operated by women,
53.26persons with a substantial physical disability, or specific minorities as targeted group
53.27businesses within purchasing categories as determined by the commissioner. A group
53.28may be targeted within a purchasing category if the commissioner determines there is a
53.29statistical disparity between the percentage of purchasing from businesses owned by
53.30group members and the representation of businesses owned by group members among all
53.31businesses in the state in the purchasing category.
53.32 (b) In addition to designations under paragraph (a), an individual business may be
53.33included as a targeted group business if the commissioner determines that inclusion is
54.1necessary to remedy discrimination against the owner based on race, gender, or disability
54.2in attempting to operate a business that would provide goods or services to public agencies.
54.3 (c) In addition to the designations under paragraphs (a) and (b), the commissioner of
54.4administration shall designate businesses that are majority owned and operated by veterans
54.5who have served in federal active service as defined in section 190.05, subdivision 5c, in
54.6support of Operation Enduring Freedom or Operation Iraqi Freedom as targeted group
54.7businesses within purchasing categories as determined by the commissioner. "Veteran"
54.8has the meaning given in section 197.447, and also includes both currently serving and
54.9honorably discharged members of the national guard and other military reserves.
54.10
54.11(a)
54.12rulemaking procedures of that chapter.
54.13EFFECTIVE DATE.This section is effective July 1, 2007, and applies to
54.14procurement contract bid solicitations issued on and after that date.
54.15 Sec. 70. [16C.251] BEST AND FINAL OFFER.
54.16 A "best and final offer" solicitation process may not be used for building and
54.17construction contracts.
54.18 Sec. 71. [16E.22] LICENSING SYSTEM.
54.19 The state chief information officer may enter into a professional or technical services
54.20contract for information systems development in which the vendor finances all or part
54.21of the cost of system development. The state chief information officer may assess and
54.22accept a fee for business and occupational licenses for the purpose of developing and
54.23maintaining a licensing system. Before implementing a fee under this section, the director
54.24must submit the proposed fee to the Legislative Advisory Commission for its review. Fees
54.25under this section must be established under the rulemaking process in section 14.389.
54.26Section 16A.1283 does not apply to fees established under this section. Fee revenue
54.27received under this section is appropriated in fiscal years 2008 and 2009 to the Office of
54.28Enterprise Technology for purposes of developing and maintaining an electronic system
54.29for business and occupational licenses.
54.30 Sec. 72. Minnesota Statutes 2006, section 37.06, is amended to read:
54.3137.06 SECRETARY; LEGISLATIVE AUDITOR; DUTIES; REPORT.
55.1 The secretary shall keep a complete record of the proceedings of the annual meetings
55.2of the State Agricultural Society and all meetings of the board of managers and any
55.3committee of the board, keep all accounts of the society other than those kept by the
55.4treasurer of the society, and perform other duties as directed by the board of managers. On
55.5or before December 31 each year, the secretary shall report to the governor for the fiscal
55.6year ending October 31 all the proceedings of the society during the current year and its
55.7financial condition as appears from its books. This report must contain a full, detailed
55.8statement of all receipts and expenditures during the year.
55.9 The books and accounts of the society for the fiscal year must be examined and
55.10audited annually by the legislative auditor. The cost of the examination must be paid by the
55.11society to the state and credited to the
55.12 A summary of this examination, certified by the legislative auditor, must be
55.13appended to the secretary's report, along with the legislative auditor's recommendations
55.14and the proceedings of the first annual meeting of the society held following the secretary's
55.15report, including addresses made at the meeting as directed by the board of managers. The
55.16summary, recommendations, and proceedings must be printed in the same manner as the
55.17reports of state officers. Copies of the report must be printed annually and distributed as
55.18follows: to each society or association entitled to membership in the society, to each
55.19newspaper in the state, and the remaining copies as directed by the board of managers.
55.20EFFECTIVE DATE.This section is effective the day following final enactment.
55.21 Sec. 73. Minnesota Statutes 2006, section 43A.02, is amended by adding a subdivision
55.22to read:
55.23 Subd. 18a. Domestic partner. "Domestic partner" means a person who has entered
55.24into a committed interdependent relationship with another adult, where the partners:
55.25 (1) are responsible for each other's basic common welfare;
55.26 (2) share a common residence and intend to do so indefinitely;
55.27 (3) are not related by blood or adoption to an extent that would prohibit marriage in
55.28this state; and
55.29 (4) are legally competent and qualified to enter into a contract.
55.30 For purposes of this subdivision, domestic partners may share a common residence,
55.31even if:
55.32 (1) they do not each have a legal right to possess the residence; or
55.33 (2) one or both domestic partners possess additional real property.
56.1 If one domestic partner temporarily leaves the common residence with the intention
56.2to return, the domestic partners continue to share a common residence for the purposes
56.3of this subdivision.
56.4 Sec. 74. Minnesota Statutes 2006, section 43A.24, subdivision 1, is amended to read:
56.5 Subdivision 1. General. Employees, including persons on layoff from a civil
56.6service position, and employees who are employed less than full time, shall be eligible
56.7for state paid life insurance and hospital, medical and dental benefits as provided in
56.8collective bargaining agreements or plans established pursuant to section
56.9collective bargaining agreement or plan provides state paid health insurance for spouses of
56.10employees, the insurance must be made available to domestic partners of state employees
56.11on the same terms and conditions.
56.12 Sec. 75. Minnesota Statutes 2006, section 43A.49, is amended to read:
56.1343A.49 VOLUNTARY UNPAID LEAVE OF ABSENCE.
56.14 (a) Appointing authorities in state government may allow each employee to take
56.15unpaid leaves of absence for up to 1,040 hours
56.16
56.17two-year period beginning July 1 of each odd-numbered year. Each appointing authority
56.18approving such a leave shall allow the employee to continue accruing vacation and
56.19sick leave, be eligible for paid holidays and insurance benefits, accrue seniority, and, if
56.20payments are made under paragraph (b), accrue service credit and credited salary in the
56.21state retirement plans, as if the employee had actually been employed during the time of
56.22leave. An employee covered by the unclassified plan may voluntarily make the employee
56.23contributions to the unclassified plan during the leave of absence. If the employee makes
56.24these contributions, the appointing authority must make the employer contribution. If the
56.25leave of absence is for one full pay period or longer, any holiday pay shall be included in
56.26the first payroll warrant after return from the leave of absence. The appointing authority
56.27shall attempt to grant requests for the unpaid leaves of absence consistent with the need to
56.28continue efficient operation of the agency. However, each appointing authority shall retain
56.29discretion to grant or refuse to grant requests for leaves of absence and to schedule and
56.30cancel leaves, subject to the applicable provisions of collective bargaining agreements
56.31and compensation plans.
56.32 (b) To receive eligible service credit and credited salary in a defined benefit plan, the
56.33member shall pay an amount equal to the applicable employee contribution rates. If an
56.34employee pays the employee contribution for the period of the leave under this section,
57.1the appointing authority must pay the employer contribution. The appointing authority
57.2may, at its discretion, pay the employee contributions. Contributions must be made in a
57.3time and manner prescribed by the executive director of the Minnesota State Retirement
57.4
57.5 Sec. 76. [43A.50] CERTIFICATE OF PAY EQUITY COMPLIANCE.
57.6 Subdivision 1. Scope of application. For a contract for goods or services in excess
57.7of $100,000, a state department or agency may not accept a bid or proposal from a
57.8business having more than 40 full-time employees within the state on a single working
57.9day during the previous 12 months unless the commissioner has approved the business'
57.10plan to establish equitable compensation relationships for its employees and has issued the
57.11business a certificate of compliance. A certificate of compliance is valid for two years.
57.12 Subd. 2. Compliance; good faith effort. (a) The commissioner must approve a
57.13plan and issue a certificate of compliance under this section to a business if the business
57.14demonstrates that it is in compliance with equitable compensation relationship standards
57.15or is making a good faith effort to achieve compliance with those standards. The standards
57.16for determining equitable compensation relationships for a business under this section
57.17are the same as the standards in sections 471.991 to 471.997 and rules adopted under
57.18those sections.
57.19 (b) A business that is not in compliance with equitable compensation relationship
57.20standards is making a good faith effort to achieve compliance if the commissioner has
57.21approved:
57.22 (1) a plan for achieving compliance, including the business' proposed actions and
57.23response to the commissioner's recommendations; and
57.24 (2) a proposed date for achieving compliance and for submitting a revised report
57.25for the commissioner's review.
57.26 Subd. 3. Filing fee; account; appropriation. The commissioner shall collect
57.27a $75 fee for each certificate of compliance issued by the commissioner under this
57.28section. The proceeds of the fee must be deposited in a pay equity fee special revenue
57.29account. Money in the account is appropriated to the commissioner to fund the cost of
57.30administering this section.
57.31 Subd. 4. Revocation of certificate. A certificate of compliance may be suspended or
57.32revoked by the commissioner of administration if a holder of a certificate is not effectively
57.33implementing or making a good faith effort to implement its approved plan to establish
57.34equitable compensation relationships. If a contractor does not effectively implement its
58.1approved plan, or fails to make a good faith effort to do so, the commissioner of employee
58.2relations may refuse to approve subsequent plans submitted by that business.
58.3 Subd. 5. Revocation of contract. A contract awarded by a department or agency of
58.4the state may be terminated or abridged by the contracting department or agency because
58.5of suspension or revocation of a certificate. If a contract is awarded to a person who
58.6does not have a contract compliance certificate required, the commissioner may void
58.7the contract on behalf of the state.
58.8 Subd. 6. Technical assistance. If the commissioner of administration has
58.9suspended a contractor's certificate of compliance, the commissioner shall provide
58.10technical assistance that may enable the contractor to be recertified within 90 days after
58.11the contractor's certificate has been suspended.
58.12 Subd. 7. Access to data. Data submitted to the commissioner by a contractor
58.13or potential contractor for purposes of obtaining a certificate of compliance under this
58.14section are private data on individuals or nonpublic data with respect to persons other
58.15than department employees. The commissioner's decision to grant, not grant, revoke, or
58.16suspend a certificate of compliance is public data.
58.17EFFECTIVE DATE.This section is effective July 1, 2007, and applies to contracts
58.18for which a state department or agency issues solicitations on or after that date.
58.19 Sec. 77. Minnesota Statutes 2006, section 103D.355, is amended to read:
58.20103D.355 ANNUAL AUDIT.
58.21 Subdivision 1. Requirement. The managers must have an annual audit completed
58.22of the books and accounts of the watershed district. The annual audit may be made by
58.23a private certified public accountant or by the state auditor.
58.24
58.25
58.26
58.27 Subd. 2. Audit by state auditor. (a)
58.28state auditor
58.29watershed district or resolution of the managers of the watershed district. The petition
58.30must request an annual audit pursuant to the authority granted municipalities under
58.31sections
58.32records as the state auditor may deem the public interest to demand.
58.33 (b) If the audit or examination is made by the state auditor, the watershed
58.34district receiving the examination must pay the state the total cost and expenses of the
59.1examination, including the salaries paid to the examiners while actually engaged in
59.2making the examination. The general fund must be credited with all collections made
59.3for examinations under this subdivision.
59.4 Subd. 3. Reports for state auditor. The managers must make and submit reports
59.5demanded by the state auditor.
59.6 Sec. 78. Minnesota Statutes 2006, section 161.1419, subdivision 8, is amended to read:
59.7 Subd. 8. Expiration. The commission expires on June 30,
59.8 Sec. 79. Minnesota Statutes 2006, section 181.9413, is amended to read:
59.9181.9413 SICK
59.10CARE FOR CERTAIN RELATIVES.
59.11 (a) An employee may use personal sick leave benefits provided by the employer
59.12for absences due to an illness of or injury to the employee's child, spouse, sibling, parent,
59.13grandparent, stepparent, or domestic partner for such reasonable periods as the employee's
59.14attendance
59.15is able to use sick leave benefits for the employee's own illness or injury. This section
59.16applies only to personal sick leave benefits payable to the employee from the employer's
59.17general assets.
59.18 (b) For purposes of this section, "personal sick leave benefits" means time accrued
59.19and available to an employee to be used as a result of absence from work due to personal
59.20illness or injury, but does not include short-term or long-term disability or other salary
59.21continuation benefits.
59.22 (c) For purposes of this section, "domestic partner" means a person who has entered
59.23into a committed interdependent relationship with another adult, where the partners:
59.24 (1) are responsible for each other's basic common welfare;
59.25 (2) share a common residence and intend to do so indefinitely;
59.26 (3) are not related by blood or adoption to an extent that would prohibit marriage in
59.27this state; and
59.28 (4) are legally competent and qualified to enter into a contract.
59.29 For purposes of this section, domestic partners may share a common residence even
59.30if they do not have a legal right to possess the residence or one or both domestic partners
59.31possess additional real property.
59.32 If one domestic partner temporarily leaves the common residence with the intention
59.33to return, the domestic partners continue to share a common residence for the purposes
59.34of this section.
60.1EFFECTIVE DATE.This section is effective August 1, 2007, and applies to sick
60.2leave used on or after that date.
60.3 Sec. 80. Minnesota Statutes 2006, section 270C.03, subdivision 1, is amended to read:
60.4 Subdivision 1. Powers and duties. The commissioner shall have and exercise
60.5the following powers and duties:
60.6 (1) administer and enforce the assessment and collection of taxes;
60.7 (2) make determinations, corrections, and assessments with respect to taxes,
60.8including interest, additions to taxes, and assessable penalties;
60.9 (3) use statistical or other sampling techniques consistent with generally accepted
60.10auditing standards in examining returns or records and making assessments;
60.11 (4) investigate the tax laws of other states and countries, and formulate and submit
60.12to the legislature such legislation as the commissioner may deem expedient to prevent
60.13evasions of state revenue laws and to secure just and equal taxation and improvement in
60.14the system of state revenue laws;
60.15 (5) consult and confer with the governor upon the subject of taxation, the
60.16administration of the laws in regard thereto, and the progress of the work of the
60.17department, and furnish the governor, from time to time, such assistance and information
60.18as the governor may require relating to tax matters;
60.19 (6) execute and administer any agreement with the secretary of the treasury or the
60.20Bureau of Alcohol, Tobacco, Firearms, and Explosives in the Department of Justice of the
60.21United States or a representative of another state regarding the exchange of information
60.22and administration of the state revenue laws;
60.23 (7) require town, city, county, and other public officers to report information as to the
60.24collection of taxes received from licenses and other sources, and such other information
60.25as may be needful in the work of the commissioner, in such form as the commissioner
60.26may prescribe;
60.27 (8) authorize the use of unmarked motor vehicles to conduct seizures or criminal
60.28investigations pursuant to the commissioner's authority;
60.29 (9) maintain toll-free telephone access for taxpayer assistance for calls from
60.30locations within the state; and
60.31 (10) exercise other powers and authority and perform other duties required of or
60.32imposed upon the commissioner by law.
60.33EFFECTIVE DATE.This section is effective January 1, 2008.
60.34 Sec. 81. [270C.21] TAXPAYER ASSISTANCE GRANTS.
61.1 When the commissioner awards grants to nonprofit organizations to coordinate,
61.2facilitate, encourage, and aid in the provision of taxpayer assistance services, the
61.3commissioner must provide public notice of the grants in a timely manner so that the
61.4grant process is completed and grants are awarded by October 1, in order for recipient
61.5organizations to adequately plan expenditures for the filing season. At the time the
61.6commissioner provides public notice, the commissioner must also notify nonprofit
61.7organizations that received grants in the previous biennium.
61.8EFFECTIVE DATE.This section is effective the day following final enactment.
61.9 Sec. 82. Minnesota Statutes 2006, section 302A.821, subdivision 4, is amended to read:
61.10 Subd. 4. Penalty; reinstatement. (a) A corporation that has failed to file a
61.11registration pursuant to the requirements of subdivision 2 must be dissolved by the
61.12secretary of state as described in paragraph (b).
61.13 (b) If the corporation has not filed the registration
61.14any calendar
61.15dissolution and the certificate must be filed in the Office of the Secretary of State.
61.16
61.17
61.18
61.19
61.20
61.21
61.22
61.23
61.24an electronic format the names of the dissolved corporations. A corporation dissolved in
61.25this manner is not entitled to the benefits of section
61.26shareholders of a corporation dissolved in this manner shall be determined and limited in
61.27accordance with section
61.28any director of the corporation under section
61.29 (c) After administrative dissolution, filing a registration and the $25 fee with the
61.30secretary of state:
61.31 (1) returns the corporation to good standing as of the date of the dissolution;
61.32 (2) validates contracts or other acts within the authority of the articles, and the
61.33corporation is liable for those contracts or acts; and
61.34 (3) restores to the corporation all assets and rights of the corporation to the extent
61.35they were held by the corporation before the dissolution occurred, except to the extent that
62.1assets or rights were affected by acts occurring after the dissolution or sold or otherwise
62.2distributed after that time.
62.3EFFECTIVE DATE.This section is effective January 1, 2008.
62.4 Sec. 83. Minnesota Statutes 2006, section 308A.995, subdivision 4, is amended to read:
62.5 Subd. 4. Penalty; dissolution. (a) A cooperative that has failed to file a registration
62.6pursuant to the requirements of this section by December 31 of the calendar year for which
62.7the registration was required must be dissolved by the secretary of state as described in
62.8paragraph (b).
62.9 (b) If the cooperative has not filed the registration by December 31 of that calendar
62.10year, the secretary of state must issue a certificate of involuntary dissolution, and the
62.11certificate must be filed in the Office of the Secretary of State.
62.12
62.13
62.14
62.15format the names of the dissolved cooperatives. A cooperative dissolved in this manner is
62.16not entitled to the benefits of section
62.17EFFECTIVE DATE.This section is effective January 1, 2008.
62.18 Sec. 84. Minnesota Statutes 2006, section 308B.121, subdivision 4, is amended to read:
62.19 Subd. 4. Penalty; dissolution. (a) A cooperative that has failed to file a registration
62.20under the requirements of this section must be dissolved by the secretary of state as
62.21described in paragraph (b).
62.22 (b) If the cooperative has not filed the registration by December 31 of that calendar
62.23year, the secretary of state must issue a certificate of involuntary dissolution and the
62.24certificate must be filed in the Office of the Secretary of State.
62.25
62.26
62.27
62.28
62.29not entitled to the benefits of section
62.30EFFECTIVE DATE.This section is effective January 1, 2008.
62.31 Sec. 85. Minnesota Statutes 2006, section 308B.215, subdivision 2, is amended to read:
63.1 Subd. 2. Filing. The original articles and a designation of the cooperative's
63.2registered office and agent
63.3be filed with the secretary of state. The fee for filing the articles with the secretary of
63.4state is $60.
63.5EFFECTIVE DATE.This section is effective August 1, 2007.
63.6 Sec. 86. [308B.903] NOTICE OF INTENT TO DISSOLVE.
63.7 Before a cooperative begins dissolution, a notice of intent to dissolve must be filed
63.8with the secretary of state. The notice must contain:
63.9 (1) the name of the cooperative;
63.10 (2) the date and place of the members' meeting at which the resolution was
63.11approved; and
63.12 (3) a statement that the requisite vote of the members approved the proposed
63.13dissolution.
63.14EFFECTIVE DATE.This section is effective August 1, 2007.
63.15 Sec. 87. Minnesota Statutes 2006, section 317A.823, subdivision 1, is amended to read:
63.16 Subdivision 1. Annual registration. (a) The secretary of state must send annually
63.17to each corporation at the registered office of the corporation a postcard notice announcing
63.18the need to file the annual registration and informing the corporation that the annual
63.19registration may be filed online and that paper filings may also be made, and informing
63.20the corporation that failing to file the annual registration will result in an administrative
63.21dissolution of the corporation.
63.22 (b)
63.23beginning in the calendar year following the calendar year in which a corporation
63.24incorporates, a corporation must file with the secretary of state by December 31 of each
63.25calendar year a registration containing the information listed in paragraph (c).
63.26 (c) The registration must include:
63.27 (1) the name of the corporation;
63.28 (2) the address of its registered office;
63.29 (3) the name of its registered agent, if any; and
63.30 (4) the name and business address of the officer or other person exercising the
63.31principal functions of president of the corporation.
63.32
63.33
64.1
64.2
64.3
64.4
64.5
64.6
64.7
64.8
64.9
64.10
64.11
64.12EFFECTIVE DATE.This section is effective August 1, 2007.
64.13 Sec. 88. Minnesota Statutes 2006, section 321.0206, is amended to read:
64.14321.0206 DELIVERY TO AND FILING OF RECORDS BY SECRETARY OF
64.15STATE; EFFECTIVE TIME AND DATE.
64.16 (a) A record authorized or required to be delivered to the secretary of state for filing
64.17under this chapter must be captioned to describe the record's purpose, be in a medium
64.18permitted by the secretary of state, and be delivered to the secretary of state. Unless the
64.19secretary of state determines that a record does not comply with the filing requirements
64.20of this chapter, and if the appropriate filing fees have been paid, the secretary of state
64.21shall file the record and:
64.22 (1) for a statement of dissociation, send:
64.23 (A) a copy of the filed statement to the person which the statement indicates has
64.24dissociated as a general partner; and
64.25 (B) a copy of the filed statement to the limited partnership;
64.26 (2) for a statement of withdrawal, send:
64.27 (A) a copy of the filed statement to the person on whose behalf the record was
64.28filed; and
64.29 (B) if the statement refers to an existing limited partnership, a copy of the filed
64.30statement to the limited partnership; and
64.31 (3) for all other records, send a copy of the filed record to the person on whose
64.32behalf the record was filed.
64.33 (b) Upon request and payment of a fee, the secretary of state shall send to the
64.34requester a certified copy of the requested record.
65.1 (c) Except as otherwise provided in sections
65.2delivered to the secretary of state for filing under this chapter may specify an effective
65.3time and a delayed effective date. Except as otherwise provided in this chapter, a record
65.4filed by the secretary of state is effective:
65.5 (1) if the record does not specify an effective time and does not specify a delayed
65.6effective date, on the date and at the time the record is filed as evidenced by the secretary
65.7of state's endorsement of the date and time on the record;
65.8 (2) if the record specifies an effective time but not a delayed effective date, on the
65.9date the record is filed at the time specified in the record;
65.10 (3) if the record specifies a delayed effective date but not an effective time, at 12:01
65.11a.m. on the earlier of:
65.12 (A) the specified date; or
65.13 (B) the 30th day after the record is filed; or
65.14 (4) if the record specifies an effective time and a delayed effective date, at the
65.15specified time on the earlier of:
65.16 (A) the specified date; or
65.17 (B) the 30th day after the record is filed.
65.18 (d) The appropriate fees for filings under this chapter are:
65.19 (1) for filing a certificate of limited partnership, $100;
65.20 (2) for filing an amended certificate of limited partnership, $50;
65.21 (3) for filing any other record, other than the annual report required by section
65.22321.0210, for which no fee must be charged, required or permitted to be delivered for
65.23filing, $35;
65.24 (4) for filing a certificate requesting authority to transact business in Minnesota as a
65.25foreign limited partnership, $85;
65.26 (5) for filing an application of reinstatement, $25;
65.27 (6) for filing a name reservation for a foreign limited partnership name, $35; and
65.28 (7) for filing any other record, other than the annual report required by section
65.29321.0210, for which no fee must be charged, required or permitted to be delivered for
65.30filing on a foreign limited partnership authorized to transact business in Minnesota, $50.
65.31EFFECTIVE DATE.This section is effective July 1, 2007.
65.32 Sec. 89. [321.0909] NAME CHANGES FILED IN HOME STATE.
65.33 A foreign limited partnership shall notify the secretary of state of any changes to the
65.34partnership name filed with the state of formation by filing a certificate from the state of
65.35formation certifying to the change of name.
66.1EFFECTIVE DATE.This section is effective August 1, 2007.
66.2 Sec. 90. Minnesota Statutes 2006, section 336.1-110, is amended to read:
66.3336.1-110 UNIFORM COMMERCIAL CODE ACCOUNT.
66.4 The Uniform Commercial Code account is established as an account in the state
66.5treasury. Fees that are not expressly set by statute but are charged by the secretary of state
66.6to offset the costs of providing a service under this chapter must be deposited in the state
66.7treasury and credited to the Uniform Commercial Code account.
66.8 Fees that are not expressly set by statute but are charged by the secretary of state
66.9to offset the costs of providing information contained in the computerized records
66.10maintained by the secretary of state must be deposited in the state treasury and credited to
66.11the Uniform Commercial Code account.
66.12 Money in the Uniform Commercial Code account is continuously appropriated to the
66.13secretary of state to implement and maintain the central filing system under this chapter,
66.14to provide, improve, and expand other online or remote lien and business entity filing,
66.15retrieval, and payment method services provided by the secretary of state, and to provide
66.16electronic access to other computerized records maintained by the secretary of state.
66.17EFFECTIVE DATE.This section is effective August 1, 2007.
66.18 Sec. 91. Minnesota Statutes 2006, section 336.9-516, is amended to read:
66.19336.9-516 WHAT CONSTITUTES FILING; EFFECTIVENESS OF FILING.
66.20 (a) What constitutes filing. Except as otherwise provided in subsection (b),
66.21communication of a record to a filing office and tender of the filing fee or acceptance of
66.22the record by the filing office constitutes filing.
66.23 (b) Refusal to accept record; filing does not occur. Filing does not occur with
66.24respect to a record that a filing office refuses to accept because:
66.25 (1) the record is not communicated by a method or medium of communication
66.26authorized by the filing office. For purposes of filing office authorization, transmission of
66.27records using the Extensible Markup Language (XML) format is authorized by the filing
66.28office after the later of July 1, 2007, or the determination of the secretary of state that the
66.29central filing system is capable of receiving and processing these records;
66.30 (2) an amount equal to or greater than the applicable filing fee is not tendered;
66.31 (3) the filing office is unable to index the record because:
66.32 (A) in the case of an initial financing statement, the record does not provide a name
66.33for the debtor;
67.1 (B) in the case of an amendment or correction statement, the record:
67.2 (i) does not identify the initial financing statement as required by section
67.3or
67.4 (ii) identifies an initial financing statement whose effectiveness has lapsed under
67.5section
67.6 (C) in the case of an initial financing statement that provides the name of a debtor
67.7identified as an individual or an amendment that provides a name of a debtor identified as
67.8an individual which was not previously provided in the financing statement to which the
67.9record relates, the record does not identify the debtor's last name; or
67.10 (D) in the case of a record filed or recorded in the filing office described in section
67.12to which it relates;
67.13 (4) in the case of an initial financing statement or an amendment that adds a secured
67.14party of record, the record does not provide a name and mailing address for the secured
67.15party of record;
67.16 (5) in the case of an initial financing statement or an amendment that provides a
67.17name of a debtor which was not previously provided in the financing statement to which
67.18the amendment relates, the record does not:
67.19 (A) provide a mailing address for the debtor;
67.20 (B) indicate whether the debtor is an individual or an organization; or
67.21 (C) if the financing statement indicates that the debtor is an organization, provide:
67.22 (i) a type of organization for the debtor;
67.23 (ii) a jurisdiction of organization for the debtor; or
67.24 (iii) an organizational identification number for the debtor or indicate that the debtor
67.25has none;
67.26 (6) in the case of an assignment reflected in an initial financing statement under
67.27section
67.28not provide a name and mailing address for the assignee; or
67.29 (7) in the case of a continuation statement, the record is not filed within the
67.30six-month period prescribed by section
67.31 (c) Rules applicable to subsection (b). For purposes of subsection (b):
67.32 (1) a record does not provide information if the filing office is unable to read or
67.33decipher the information; and
67.34 (2) a record that does not indicate that it is an amendment or identify an initial
67.35financing statement to which it relates, as required by section
68.1 (d) Refusal to accept record; record effective as filed record. A record that is
68.2communicated to the filing office with tender of the filing fee, but which the filing office
68.3refuses to accept for a reason other than one set forth in subsection (b), is effective as a
68.4filed record except as against a purchaser of the collateral which gives value in reasonable
68.5reliance upon the absence of the record from the files.
68.6EFFECTIVE DATE.This section is effective August 1, 2007.
68.7 Sec. 92. Minnesota Statutes 2006, section 336.9-525, is amended to read:
68.8336.9-525 FEES.
68.9 (a) Initial financing statement or other record: general rule. Except as otherwise
68.10provided in subsection (d), the fee for filing and indexing a record under this part
68.11
68.12collected for each request delivered online must be deposited in the uniform commercial
68.13code account.
68.14 (b) Number of names. The number of names required to be indexed does not
68.15affect the amount of the fee in subsection (a).
68.16 (c) Response to information request. The fee for responding to a request for
68.17information from the filing office, including for issuing a certificate showing whether there
68.18is on file any financing statement naming a particular debtor,
68.19
68.20request delivered online must be deposited in the uniform commercial code account.
68.21 (d) Record of mortgage. This section does not require a fee with respect to a record
68.22of a mortgage which is effective as a financing statement filed as a fixture filing or as a
68.23financing statement covering as-extracted collateral or timber to be cut under section
68.25applicable to the record of the mortgage apply.
68.26EFFECTIVE DATE.This section is effective July 1, 2007.
68.27 Sec. 93. [349A.021] LOTTERY OFFICES.
68.28 The State Lottery may not move its operations at its Mountain Iron location to a
68.29location outside the Quad-City area of Mountain Iron, Eveleth, Gilbert, and Virginia, and
68.30may not reduce the complement of staff employed at this office.
68.31EFFECTIVE DATE.This section is effective the day following final enactment.
69.1 Sec. 94. Minnesota Statutes 2006, section 356.219, subdivision 1, is amended to read:
69.2 Subdivision 1. Report required. (a) Except as indicated in subdivision 4, the State
69.3Board of Investment, on behalf of the public pension funds and programs for which it is
69.4the investment authority, and any Minnesota public pension plan that is not fully invested
69.5through the State Board of Investment, including a local police or firefighters relief
69.6association governed by sections
69.7specified in subdivision 3 to the state auditor. A report under this section must be filed
69.8electronically with the state auditor, unless the state auditor determines that it is not
69.9feasible for a particular plan or association to file electronically. The state auditor may
69.10prescribe
69.11format for reports required by this section. The state auditor must attempt to provide
69.12access on the state auditor's Web site to reports filed under this section.
69.13 (b) A local police or firefighters relief association governed by section
69.14sections
69.15this section if all assets of the applicable pension plan beyond sufficient cash equivalent
69.16investments to cover six months expected expenses are invested under section
69.17The board of any fully invested public pension plan remains responsible for submitting
69.18investment policy statements and subsequent revisions as required by subdivision 3,
69.19paragraph (a).
69.20 (c) For purposes of this section, the State Board of Investment is considered to be
69.21the investment authority for any Minnesota public pension fund required to be invested by
69.22the State Board of Investment under section
69.23fund authorized to invest in the supplemental investment fund under section
69.24which is fully invested by the State Board of Investment.
69.25 Sec. 95. Minnesota Statutes 2006, section 358.41, is amended to read:
69.26358.41 DEFINITIONS.
69.27 As used in sections
69.28 (1) "Notarial act" means any act that a notary public of this state is authorized to
69.29perform, and includes taking an acknowledgment, administering an oath or affirmation,
69.30taking a verification upon oath or affirmation, witnessing or attesting a signature, certifying
69.31or attesting a copy, and noting a protest of a negotiable instrument. A notary public may
69.32perform a notarial act by electronic means.
69.33 (2) "Acknowledgment" means a declaration by a person that the person has executed
69.34an instrument or electronic record for the purposes stated therein and, if the instrument
69.35or electronic record is executed in a representative capacity, that the person signed
70.1the instrument with proper authority and executed it as the act of the person or entity
70.2represented and identified therein.
70.3 (3) "Verification upon oath or affirmation" means a declaration that a statement is
70.4true made by a person upon oath or affirmation.
70.5 (4) "In a representative capacity" means:
70.6 (i) for and on behalf of a corporation, partnership, limited liability company, trust, or
70.7other entity, as an authorized officer, agent, partner, trustee, or other representative;
70.8 (ii) as a public officer, personal representative, guardian, or other representative,
70.9in the capacity recited in the instrument;
70.10 (iii) as an attorney in fact for a principal; or
70.11 (iv) in any other capacity as an authorized representative of another.
70.12 (5) "Notarial officer" means a notary public or other officer authorized to perform
70.13notarial acts.
70.14 (6) "Electronic signature" means an electronic sound, symbol, or process attached
70.15to or logically associated with a record and executed or adopted by a person with the
70.16intent to sign the record.
70.17 (7) "Electronic record" means a record created, generated, sent, communicated,
70.18received, or stored by electronic means.
70.19EFFECTIVE DATE.This section is effective August 1, 2007.
70.20 Sec. 96. Minnesota Statutes 2006, section 358.42, is amended to read:
70.21358.42 NOTARIAL ACTS.
70.22 (a) In taking an acknowledgment, the notarial officer must determine, either from
70.23personal knowledge or from satisfactory evidence, that the person appearing before the
70.24officer and making the acknowledgment is the person whose true signature is on the
70.25instrument or electronic record.
70.26 (b) In taking a verification upon oath or affirmation, the notarial officer must
70.27determine, either from personal knowledge or from satisfactory evidence, that the person
70.28appearing before the officer and making the verification is the person whose true signature
70.29is made in the presence of the officer on the statement verified.
70.30 (c) In witnessing or attesting a signature the notarial officer must determine, either
70.31from personal knowledge or from satisfactory evidence, that the signature is that of the
70.32person appearing before the officer and named therein. When witnessing or attesting a
70.33signature, the officer must be present when the signature is made.
71.1 (d) In certifying or attesting a copy of a document, electronic record, or other item,
71.2the notarial officer must determine that the proffered copy is a full, true, and accurate
71.3transcription or reproduction of that which was copied.
71.4 (e) In making or noting a protest of a negotiable instrument or electronic record the
71.5notarial officer must determine the matters set forth in section
71.6 (f) A notarial officer has satisfactory evidence that a person is the person whose true
71.7signature is on a document or electronic record if that person (i) is personally known to
71.8the notarial officer, (ii) is identified upon the oath or affirmation of a credible witness
71.9personally known to the notarial officer, or (iii) is identified on the basis of identification
71.10documents.
71.11EFFECTIVE DATE.This section is effective August 1, 2007.
71.12 Sec. 97. Minnesota Statutes 2006, section 358.50, is amended to read:
71.13358.50 EFFECT OF ACKNOWLEDGMENT.
71.14 An acknowledgment made in a representative capacity for and on behalf of a
71.15corporation, partnership, limited liability company, trust, or other entity and certified
71.16substantially in the form prescribed in this chapter is prima facie evidence that the
71.17instrument or electronic record was executed and delivered with proper authority.
71.18EFFECTIVE DATE.This section is effective August 1, 2007.
71.19 Sec. 98. Minnesota Statutes 2006, section 359.085, subdivision 2, is amended to read:
71.20 Subd. 2. Verifications. In taking a verification upon oath or affirmation, the notarial
71.21officer must determine, either from personal knowledge or from satisfactory evidence, that
71.22the person appearing before the officer and making the verification is the person whose
71.23true signature is made in the presence of the officer on the statement verified.
71.24EFFECTIVE DATE.This section is effective August 1, 2007.
71.25 Sec. 99. Minnesota Statutes 2006, section 359.085, subdivision 3, is amended to read:
71.26 Subd. 3. Witnessing or attesting signatures. In witnessing or attesting a signature,
71.27the notarial officer must determine, either from personal knowledge or from satisfactory
71.28evidence, that the signature is that of the person appearing before the officer and named in
71.29the document or electronic record. When witnessing or attesting a signature, the officer
71.30must be present when the signature is made.
71.31EFFECTIVE DATE.This section is effective August 1, 2007.
72.1 Sec. 100. Minnesota Statutes 2006, section 471.61, subdivision 1a, is amended to read:
72.2 Subd. 1a. Dependents. Notwithstanding the provisions of Minnesota Statutes 1969,
72.3section
72.4as used therein shall mean spouse and minor unmarried children under the age of 18 years
72.5and dependent students under the age of 25 years actually dependent upon the employee,
72.6and others as defined by governmental units at their discretion.
72.7 Sec. 101. [471.6175] TRUST FOR POSTEMPLOYMENT BENEFITS.
72.8 Subdivision 1. Authorization; establishment. A political subdivision or other
72.9public entity that creates or has created an actuarial liability to pay postemployment
72.10benefits to employees or officers after their termination of service may establish a trust to
72.11pay those benefits. For purposes of this section, the term "postemployment benefits" means
72.12benefits giving rise to a liability under Statement No. 45 of the Governmental Accounting
72.13Standards Board and the term "trust" means a trust, a trust account, or a custodial account
72.14or contract authorized under section 401(f) of the Internal Revenue Code.
72.15 Subd. 2. Purpose of trust. The trust established under this section may only be
72.16used to pay postemployment benefits and may be either revocable or irrevocable.
72.17 Subd. 3. Trust administrator. The trust administrator of a trust established under
72.18this section shall be either:
72.19 (1) the Public Employees Retirement Association;
72.20 (2) a bank or banking association incorporated under the laws of the United States or
72.21of any state and authorized by the laws under which it is organized to exercise corporate
72.22trust powers; or
72.23 (3) an insurance company or agency qualified to do business in Minnesota which has
72.24at least five years experience in investment products and services for group retirement
72.25benefits and which has a specialized department dedicated to services for retirement
72.26investment products.
72.27 A political subdivision or public entity may, in its discretion and in compliance
72.28with any applicable trust document, change trust administrators and transfer trust assets
72.29accordingly.
72.30 Subd. 4. Account maintenance. A political subdivision or other public entity may
72.31establish a trust account to be held under the supervision of the trust administrator for the
72.32purposes of this section. A trust administrator shall establish a separate account for each
72.33participating political subdivision or public entity. The trust administrator may charge
72.34participating political subdivisions and public entities fees for reasonable administrative
72.35costs. The amount of any fees charged by the Public Employees Retirement Association
73.1is appropriated to the association from the account. A trust administrator may establish
73.2other reasonable terms and conditions for creation and maintenance of these accounts.
73.3The trust administrator must report electronically to the state auditor the portfolio and
73.4performance information specified in section 356.219, subdivision 3, in the manner
73.5prescribed by the state auditor.
73.6 Subd. 5. Investment. (a) The assets of a trust or trust account shall be invested and
73.7held as stipulated in paragraphs (b) to (e).
73.8 (b) The Public Employees Retirement Association must certify all money in the trust
73.9accounts for which it is trust administrator to the State Board of Investment for investment
73.10under section 11A.14, subject to the policies and procedures established by the State
73.11Board of Investment. Investment earnings must be credited to the trust account of the
73.12individual political subdivision or public entity.
73.13 (c) A trust administrator, other than the Public Employees Retirement Association,
73.14must ensure that all money in the trust accounts for which it is trust administrator is
73.15invested by a registered investment adviser, a bank investment trust department, or an
73.16insurance company or agency retirement investment department. Investment earnings
73.17must be credited to the trust account of the individual political subdivision or public entity.
73.18 (d) For trust assets invested by the State Board of Investment, the investment
73.19restrictions shall be the same as those generally applicable to the State Board of
73.20Investment. For trust assets invested by a trust administrator other than the Public
73.21Employees Retirement Association, the assets may only be invested in investments
73.22authorized under chapter 118A or section 356A.06, subdivision 7, in the manner specified
73.23in the applicable trust document.
73.24 (e) A political subdivision or public entity may provide investment direction to a
73.25trust administrator in compliance with any applicable trust document.
73.26 Subd. 6. Limit on deposit. A political subdivision or public entity may not
73.27deposit money in a trust or trust account created pursuant to this section if the total
73.28amount invested by that political subdivision or public entity would exceed the political
73.29subdivision's or public entity's actuarially determined liabilities for postemployment
73.30benefits due to officers and employees, as determined under the applicable standards of the
73.31Governmental Accounting Standards Board.
73.32 Subd. 7. Withdrawal of funds and termination of account. (a) For a revocable
73.33account, a political subdivision or public entity may withdraw some or all of its money
73.34or terminate the trust account for any reason. Money and accrued investment earnings
73.35withdrawn from a revocable account must be deposited in a fund separate and distinct from
73.36any other funds of the political subdivision or public entity. This money, with accrued
74.1investment earnings, must be used to pay legally enforceable postemployment benefits
74.2to former officers and employees, unless (i) there has been a change in state or federal
74.3law affecting that political subdivision's or public entity's liabilities for postemployment
74.4benefits, or (ii) there has been a change in the demographic composition of that political
74.5subdivision's or public entity's employees eligible for postemployment benefits, or (iii)
74.6there has been a change in the provisions or terms of the postemployment benefits in that
74.7political subdivision or public entity including, but not limited to, the portion of the costs
74.8eligible employees must pay to receive the benefits, or (iv) other factors exist that have
74.9a material effect on that political subdivision's or public entity's actuarially determined
74.10liabilities for postemployment benefits, in which event any amount in excess of 100
74.11percent of that political subdivision's or public entity's actuarially determined liabilities for
74.12postemployment benefits, as determined under standards of the Government Accounting
74.13Standards Board, may be withdrawn and used for any purpose.
74.14 (b) For an irrevocable account, a political subdivision or public entity may withdraw
74.15money only:
74.16 (1) as needed to pay postemployment benefits owed to former officers and employees
74.17of the political subdivision or public entity; or
74.18 (2) when all postemployment benefit liability owed to former officers or employees
74.19of the political subdivision or public entity has been satisfied or otherwise defeased.
74.20 (c) A political subdivision or public entity requesting withdrawal of money from
74.21an account created under this section must do so at a time and in the manner required by
74.22the executive director of the Public Employees Retirement Association or specified in an
74.23applicable trust document. The political subdivision or public entity that created the trust
74.24must ensure that withdrawals comply with the requirements of this section.
74.25 (d) The legislature may not divert funds in these trusts or trust accounts for use for
74.26any other purpose.
74.27 Subd. 8. Status of irrevocable trust. (a) All money in an irrevocable trust or
74.28trust account created in this section is held in trust for the exclusive benefit of former
74.29officers and employees of the participating political subdivision or public entity, and are
74.30not subject to claims by creditors of the state, the participating political subdivision or
74.31public entity, the current or former officers and employees of the political subdivision
74.32or public entity, or the trust administrator.
74.33 (b) An irrevocable trust fund or trust account created in this section shall be deemed
74.34an arrangement equivalent to a trust for all legal purposes.
74.35EFFECTIVE DATE.This section is effective the day following final enactment,
74.36and is applicable immediately to all political subdivisions or public entities subject to
75.1Statement No. 45 of the Governmental Accounting Standards Board in 2007, to those
75.2political subdivisions or public entities whose trusts or trust accounts are validated
75.3by section 109, and to those political subdivisions or public entities that have begun
75.4consideration of measures to implement Statement No. 45 in 2007. This section is
75.5applicable on July 1, 2008, for all other political subdivisions or public entities.
75.6 Sec. 102. Minnesota Statutes 2006, section 473.246, is amended to read:
75.7473.246 COUNCIL'S SUBMISSIONS TO
75.8LEGISLATURE.
75.9 The Metropolitan Council shall submit to the
75.10
75.11metropolitan affairs information on the council's tax rates and dollar amounts levied for
75.12the current year, proposed property tax rates and levies, operating and capital budgets,
75.13work program, capital improvement program, and any other information requested by the
75.14
75.15relevant committees.
75.16EFFECTIVE DATE.This section is effective the day following final enactment.
75.17 Sec. 103. Minnesota Statutes 2006, section 477A.014, subdivision 4, is amended to
75.18read:
75.19 Subd. 4. Costs. The director of the Office of Strategic and Long-Range Planning
75.20shall annually bill the commissioner of revenue for one-half of the costs incurred by the
75.21state demographer in the preparation of materials required by section
75.22auditor shall bill the commissioner of revenue for the costs of best practices reviews
75.23and the services provided by the Government Information Division and the parts of the
75.24constitutional office that are related to the government information function, and for
75.25the services provided by the Tax Increment Financing Investment and Finance Division
75.26required by section 469.3201, not to exceed
75.27commissioner of administration shall bill the commissioner of revenue for the costs of
75.28the local government records program and the intergovernmental information systems
75.29activity, not to exceed $205,800 each fiscal year. The commissioner of employee relations
75.30shall bill the commissioner of revenue for the costs of administering the local government
75.31pay equity function, not to exceed $55,000 each fiscal year.
75.32 Sec. 104. Minnesota Statutes 2006, section 491A.02, subdivision 4, is amended to read:
76.1 Subd. 4. Representation. (a) A corporation, partnership, limited liability company,
76.2sole proprietorship, or association may be represented in conciliation court by an officer,
76.3manager, or partner or an agent in the case of a condominium, cooperative, or townhouse
76.4association, or may appoint a natural person who is an employee or commercial property
76.5manager to appear on its behalf or settle a claim in conciliation court. The state or a
76.6political subdivision of the state may be represented in conciliation court by an employee
76.7of the pertinent governmental unit without a written authorization. The state also may be
76.8represented in conciliation court by an employee of the Division of Risk Management of
76.9the Department of Administration without a written authorization. Representation under
76.10this subdivision does not constitute the practice of law for purposes of section
76.11subdivision 8
76.12agent of a condominium, cooperative, or townhouse association, an authorized power
76.13of attorney, corporate authorization resolution, corporate bylaw, or other evidence of
76.14authority acceptable to the court must be filed with the claim or presented at the hearing.
76.15This subdivision also applies to appearances in district court by a corporation or limited
76.16liability company with five or fewer shareholders or members and to any condominium,
76.17cooperative, or townhouse association, if the action was removed from conciliation court.
76.18 (b) "Commercial property manager" means a corporation, partnership, or limited
76.19liability company or its employees who are hired by the owner of commercial real
76.20estate to perform a broad range of administrative duties at the property including tenant
76.21relations matters, leasing, repairs, maintenance, the negotiation and resolution of tenant
76.22disputes, and related matters. In order to appear in conciliation court, a property manager's
76.23employees must possess a real estate license under section
76.24owner of the property to settle all disputes with tenants and others within the jurisdictional
76.25limits of conciliation court.
76.26 (c) A commercial property manager who is appointed to settle a claim in conciliation
76.27court may not charge or collect a separate fee for services rendered under paragraph (a).
76.28 Sec. 105. Minnesota Statutes 2006, section 507.24, subdivision 2, is amended to read:
76.29 Subd. 2. Original signatures required. (a) Unless otherwise provided by law, an
76.30instrument affecting real estate that is to be recorded as provided in this section or other
76.31applicable law must contain the original signatures of the parties who execute it and of the
76.32notary public or other officer taking an acknowledgment. However, a financing statement
76.33that is recorded as a filing pursuant to section
76.34signatures of the debtor or the secured party; or (2) an acknowledgment.
77.1 (b)(1) Any electronic instruments, including signatures and seals, affecting real
77.2estate may only be recorded as part of a pilot project for the electronic filing of real
77.3estate documents implemented by the task force created in Laws 2000, chapter 391, or
77.4by the Electronic Real Estate Recording Task Force created under section
77.5Electronic Real Estate Recording Task Force created under section 507.094 may amend
77.6standards set by the task force created in Laws 2000, chapter 391, and may set new or
77.7additional standards and establish pilot projects to the full extent permitted in section
77.8507.094, subdivision 2, paragraph (b). Documents recorded in conformity with those
77.9standards and in those pilot projects are deemed to meet the requirements of this section.
77.10 (2)(i) A county that participated in the pilot project for the electronic filing of real
77.11estate documents under the task force created in Laws 2000, chapter 391, may continue to
77.12record or file documents electronically, if:
77.13
77.14
77.15 (ii) A county that did not participate in the pilot project may record or file a real
77.16estate document electronically, if:
77.17
77.18for the electronic filing of real estate documents under the task force created in Laws
77.192000, chapter 391;
77.20
77.21
77.22
77.23certification of compliance with paragraph (b), clause (2), of this section by the county
77.24board and county recorder of the county to implement electronic filing under this section.
77.25 (c) Notices filed pursuant to section
77.26contain an acknowledgment.
77.27 Sec. 106. Laws 2006, chapter 253, section 22, subdivision 1, is amended to read:
77.28 Subdivision 1. Genetic information; work group. (a) The commissioner must
77.29create a work group to develop principles for public policy on the use of genetic
77.30information. The work group must include representatives of state government, including
77.31the judicial branch, local government, prosecutors, public defenders, the American Civil
77.32Liberties Union - Minnesota, the Citizens Council on Health Care, the University of
77.33Minnesota Center on Bioethics, the Minnesota Medical Association, the Mayo Clinic
77.34and Foundation, the March of Dimes, and representatives of employers, researchers,
77.35epidemiologists, laboratories, and insurance companies.
78.1 (b) The commissioner of administration and the work group must conduct reviews
78.2of the topics in paragraphs (c) to (f), in light of the issues raised in the report on treatment
78.3of genetic information under state law required by Laws 2005, chapter 163, section 87.
78.4The commissioner must report the results, including any recommendations for legislative
78.5changes, to the chairs of the house Civil Law Committee and the senate Judiciary
78.6Committee and the ranking minority members of those committees by January 15,
78.72009.
78.8 (c) The commissioner and the work group must determine whether changes are
78.9needed in Minnesota Statutes, section
78.10from cancer patients and their relatives.
78.11 (d) The commissioner and the work group must make recommendations whether
78.12all relatives affected by a formal three-generation pedigree created by the Department of
78.13Health should be able to access the entire data set, rather than only allowing individuals
78.14access to the data of which they are the subject.
78.15 (e) The commissioner and the work group must identify, and may make
78.16recommendations among, options for resolving questions of secondary uses of genetic
78.17information.
78.18 (f) The commissioner and the work group must make recommendations whether
78.19legislative changes are needed regarding access to DNA test results and the specimens
78.20used to create the test results held by the Bureau of Criminal Apprehension as part of
78.21a criminal investigation.
78.22 Sec. 107. Laws 2006, chapter 282, article 14, section 5, is amended to read:
| 78.23 78.24 |
Sec. 5. OFFICE OF ADMINISTRATIVE HEARINGS |
320,000 |
|||||
78.26costs associated with the relocation of
78.27offices to St. Paul. The commissioner
78.28of administration shall take all steps as
78.29necessary to complete the renovation of
78.30the Stassen Building for these purposes by
78.31January 1, 2008. Minnesota Statutes, section
78.33the estimated cost of construction exceeds
78.34$2,000,000. This is a onetime appropriation.
78.35This appropriation is available until spent.
79.1Beginning in fiscal year 2009 and for all
79.2fiscal years thereafter, the appropriation base
79.3for the workers' compensation fund for the
79.4Office of Administrative Hearings is reduced
79.5by $297,000 to reflect savings in rent costs
79.6due to the relocation of offices to St. Paul.
79.7 Sec. 108. FORD BUILDING.
79.8 The Ford Building at 117 University Avenue in St. Paul may not be demolished
79.9during the biennium ending June 30, 2009.
79.10 Sec. 109. TASK FORCE.
79.11 Subdivision 1. Creation. A task force is created to work with the Commissioner of
79.12Administration on a disparity study. The task force consists of one member appointed by
79.13and serving at the pleasure of each of the following groups:
79.14 (1) the Council on Asian-Pacific Minnesotans;
79.15 (2) the Council on Black Minnesotans;
79.16 (3) the Council on Affairs of Chicano/Latino people;
79.17 (4) the Indian Affairs Council;
79.18 (5) the Association of Women Contractors; and
79.19 (6) the National Association of Minority Contractors.
79.20 Subd. 2. Consultation and approval. (a) The commissioner must consult with
79.21the task force on the design of the disparity study, the nature of the services sought in a
79.22request for proposals for the study, the criteria that the commissioner will use to evaluate
79.23and select a contractor, and selection of the contractor.
79.24 (b) The commissioner must consult with the task force regarding the commissioner's
79.25interpretation of data obtained through the study, and on the commissioner's
79.26recommendations for any changes in the targeted group purchasing program resulting from
79.27the study. The task force may make its own recommendations before the commissioner
79.28presents the recommendations in a final report. If the commissioner's recommendations
79.29are different from the task force recommendations, the commissioner's report must note
79.30the differences.
79.31 Subd. 3. Support services. The commissioner must provide meeting space and
79.32administrative support to the task force.
80.1 Subd. 4. Expiration. The task force expires at the end of the regular session of the
80.2legislature at which the commissioner presents the results of the targeted group business
80.3disparity study to the legislature.
80.4 Sec. 110. VALIDATION.
80.5 Any trust or trust account or other custodial account or contract authorized under
80.6section 401(f) of the Internal Revenue Code, created prior to June 6, 2006, to pay
80.7postemployment benefits to employees or officers after termination of service, is hereby
80.8validated, may continue in full force and effect, and shall have continuing authority
80.9to accept new funds; however, this section does not validate or correct defects in any
80.10previously created trust document. Any funds held by a validated trust or account
80.11under this section may be invested as provided in Minnesota Statutes, section 471.6175,
80.12subdivision 5. A validated trust or account shall have until January 1, 2008, to bring
80.13its trust documents and procedures into compliance with Minnesota Statutes, section
80.14471.6175.
80.15EFFECTIVE DATE.This section is effective the day following final enactment.
80.16 Sec. 111. REPORT; ACCOUNTING PRINCIPLES.
80.17 By October 15, 2007, the commissioner of finance must provide a report listing
80.18specific areas where state budgeting practices differ from generally accepted accounting
80.19principles and the reasons for those differences. If that difference is a result of direction in
80.20law, the report must include the law causing the difference.
80.21 Sec. 112. BUILDING REPLACEMENT FUNDS.
80.22 In addition to the requirements in Laws 2002, chapter 400, section 13, subdivision 7,
80.23the commissioner of administration shall collect appropriate rent revenues for the Elmer L.
80.24Andersen and Orville L. Freeman buildings to be set aside in a segregated special revenue
80.25fund for deferred maintenance and other extraordinary building repairs. Funds shall be
80.26expended for these purposes as determined by the commissioner.
80.27EFFECTIVE DATE.This section is effective the day following final enactment.
80.28 Sec. 113. COMPENSATION FOR PERIOD OF PARTIAL GOVERNMENT
80.29SHUTDOWN.
80.30 Subdivision 1. Definitions; coverage. For purposes of this section:
81.1 (1) "employee" means a state employee, as defined in Minnesota Statutes, section
81.243A.02, subdivision 21, who is a state employee on the effective date of this section and
81.3who the commissioner determines was prevented from working because of the partial
81.4government shutdown; and
81.5 (2) "partial government shutdown" means the period from July 1, 2005, through July
81.614, 2005, during which appropriations needed to fund certain state government functions
81.7had not been enacted.
81.8 Subd. 2. Credit for uncompensated hours. A state employee who was previously
81.9compensated in cash or by a credit to the employee's vacation bank for hours the employee
81.10could not work due to the partial government shutdown, must:
81.11 (1) be paid an additional amount equal to the previous payment, if the previous
81.12payment was made in cash; or
81.13 (2) have hours credited to the employee's vacation bank in the same amount as
81.14the previous credit.
81.15EFFECTIVE DATE.This section is effective the day following final enactment.
81.16The commissioner must make payments or credits required by this section within 30
81.17days of the effective date of this section.
81.18 Sec. 114. ELECTRONIC DOCUMENTS STUDY AND REPORT.
81.19 Subdivision 1. Study. The chief information officer of the state shall study
81.20how electronic documents and the mechanisms and processes for accessing and
81.21reading electronic data can be created, maintained, exchanged, and preserved by the
81.22state in a manner that encourages appropriate government control, access, choice,
81.23and interoperability. The study must consider, but not be limited to, the policies of
81.24other states and nations, management guidelines for state archives as they pertain to
81.25electronic documents, public access, expected storage life of electronic documents, costs
81.26of implementation, and savings. The chief information officer shall solicit comments
81.27regarding the creation, maintenance, exchange, and preservation of electronic documents
81.28by the state from stakeholders, including but not limited to the legislative auditor,
81.29the attorney general, the state archivist, the state legislative reference librarian, other
81.30librarians, representatives of the state historical society, and other historians. The chief
81.31information officer shall also solicit comments from members of the public.
81.32 Subd. 2. Report and recommendation. The chief information officer shall
81.33report the officer's findings and recommendations to the chairs of the senate State
81.34and Local Government Operations and Oversight Committee; house Government
82.1Operations, Reform, Technology and Elections Committee; and the senate and house State
82.2Government Finance Divisions by January 15, 2008.
82.3 Sec. 115. LABOR AGREEMENTS AND COMPENSATION PLANS.
82.4 Subdivision 1. Minnesota Law Enforcement Association. The labor agreement
82.5between the state of Minnesota and the Minnesota Law Enforcement Association,
82.6approved by the Legislative Coordinating Commission Subcommittee on Employee
82.7Relations on August 7, 2006, is ratified.
82.8 Subd. 2. Minnesota Nurses Association. The labor agreement between the
82.9state of Minnesota and the Minnesota Nurses Association, approved by the Legislative
82.10Coordinating Commission Subcommittee on Employee Relations on September 18, 2006,
82.11is ratified.
82.12 Subd. 3. Office of Higher Education. The amendments to the compensation
82.13plan for unrepresented employees of the Office of Higher Education, approved by
82.14the Legislative Coordinating Commission Subcommittee on Employee Relations on
82.15September 18, 2006, are ratified.
82.16 Subd. 4. Gambling Control Board. The proposal to increase the salary of the
82.17director of the Gambling Control Board, as approved by the Legislative Coordinating
82.18Commission Subcommittee on Employee Relations on August 7, 2006, is ratified.
82.19 Subd. 5. Public Employees Retirement Association. The proposal to increase
82.20the salary of the director of the Public Employees Retirement Association, as approved
82.21by the Legislative Coordinating Commission Subcommittee on Employee Relations on
82.22March 27, 2007, is ratified.
82.23 Subd. 6. Minnesota State Retirement System. The proposal to increase the
82.24salary of the director of the Minnesota State Retirement System, as approved by the
82.25Legislative Coordinating Commission Subcommittee on Employee Relations on March
82.2627, 2007, is ratified.
82.27 Subd. 7. Teachers Retirement Association. The proposal to increase the salary
82.28of the director of the Teachers Retirement Association, as approved by the Legislative
82.29Coordinating Commission Subcommittee on Employee Relations on March 27, 2007,
82.30is ratified.
82.31EFFECTIVE DATE.This section is effective the day following final enactment.
82.32 Sec. 116. STATE EMPLOYEES ELECTRONIC HEALTH RECORDS PILOT
82.33PROJECT.
83.1 Subdivision 1. Project established. The Minnesota State Colleges and Universities
83.2Board of Trustees (MnSCU), in collaboration with the commissioner of employee relations
83.3shall establish an enterprise-wide pilot project to provide consumer-owned electronic
83.4personal health records to MnSCU employees and all participants in the state employee
83.5group insurance program. If the Department of Employee Relations is abolished, then the
83.6Minnesota State Colleges and Universities Board of Trustees shall work in collaboration
83.7with the commissioner of the department responsible for administration of the state
83.8employee group insurance program.
83.9 Subd. 2. Project goals. The goal of the project is to provide consumer-owned
83.10electronic personal health records that are portable among health care providers, health
83.11plan companies, and employers in order to control costs, improve quality, and enhance
83.12safety, and to demonstrate the feasibility of a statewide health information exchange.
83.13The pilot project shall coordinate to the extent possible with other health information
83.14consumer engagement initiatives in Minnesota designed to support the goal of statewide
83.15health information exchange. The electronic personal health records may provide, but
83.16are not limited to, the following:
83.17 (1) access to electronic medical records;
83.18 (2) prescription and appointment information;
83.19 (3) information regarding health education, public health, and health cost
83.20management; and
83.21 (4) privacy, security, and HIPAA compliance.
83.22 Sec. 117. VALUE-ADDED CONTRACT AUTHORITY.
83.23 (a) The director of the Office of Enterprise Technology, with approval of
83.24the commissioner of finance, may enter into contracts for: (1) development and
83.25implementation of an electronic system for executive branch state agencies to issue
83.26licenses; and (2) development and implementation of an integrated system to support
83.27tax processing, reporting, and enforcement functions. The director must use funds
83.28appropriated by this act for these purposes. In addition, the director may enter into
83.29contracts for these purposes under which the vendor initially pays all or part of the costs,
83.30and the state accounting system does not show an encumbrance for some or all of the
83.31contract liability when the director initially enters into the contracts.
83.32 (b) Before entering into a contract authorized by this section, the director must
83.33prepare, and the commissioner of finance must approve, a plan for how payments will be
83.34made to the vendors under the contracts. If the contracts will involve performance-based
83.35payments to the vendor, the plan must describe the criteria for making those payments. If
84.1the director intends to pay for all or part of the contract from savings generated, the plan
84.2must describe what savings are anticipated, and how the savings will be captured so as to
84.3be available to make payments under the contract. The plan must explain how the total
84.4contract costs relate to the costs anticipated in the governor's budget recommendations
84.5presented to the legislature in 2007.
84.6 (c) The director must present the plan required by paragraph (b) to the chairs of the
84.7house Ways and Means and Finance Committees and the senate Finance Committee when
84.8the director submits the plan to the commissioner of finance for approval. The director
84.9must notify these chairs when the commissioner of finance has approved the plan. This
84.10notice must include any changes from the original plan.
84.11 (d) The director must report to the chairs of the house Ways and Means and Finance
84.12Committees and the senate Finance Committee by January 15 each of the next five years
84.13after entering into a contract authorized under this section. The report must include a
84.14detailed breakdown of how and by whom the contract costs are being paid, and on the cost
84.15savings and service improvements achieved as a result of the contract.
84.16 Sec. 118. PRE-1969 TRA MEMBER GRATUITY PAYMENT.
84.17 (a) $4,100,000 is appropriated to the executive director of the Teachers Retirement
84.18Association for the payment of a gratuity to persons who were teachers as defined in
84.19Minnesota Statutes, section 354.05, subdivision 2, and who rendered teaching service as
84.20defined in Minnesota Statutes, section 354.05, subdivision 3, either during the 1968-1969
84.21school year, but were not covered by the improved money purchase program savings
84.22clause in Minnesota Statutes, section 354.55, subdivision 17, or before the 1968-1969
84.23school year, did not take a refund of member contributions upon the termination of teacher
84.24service, and who were eligible to make an election under Minnesota Statutes 1971, section
84.25354.55, subdivision 8. The payment is intended to reflect the special contribution of
84.26these persons to education and to offset any unfulfilled expectation the person may have
84.27as to potential benefit levels. The gratuity payment amount for each person is $1,000 or
84.28a prorated portion of that amount if, at any time, the executive director of the Teachers
84.29Retirement Association determines that payment of the full amount to the remaining
84.30participants would likely exceed the appropriation.
84.31 (b) The Teachers Retirement Association shall make available to persons eligible to
84.32receive a payment under this section on or before August 1, 2007, an application form.
84.33Filing an application form is a waiver of any legal, equitable, or legislative claim for any
84.34other special consideration and the form must indicate the waiver.
85.1 (c) On August 1, 2007, the Teachers Retirement Association shall determine those
85.2remaining persons who are eligible to receive a payment under this section and who have
85.3not applied for a payment and send to each remaining person, at the person's residence
85.4of record, a state warrant of the full or a prorated payment amount. If the recipient
85.5negotiates the state warrant, that negotiation constitutes a waiver of any legal, equitable,
85.6or legislative claim for any other special consideration as documentation accompanying
85.7the warrant must indicate the waiver. Any warrant under this section expires on August
85.81, 2009, and the amount of any unnegotiated state warrant under this section cancels
85.9to the Teachers Retirement Association.
85.10 Sec. 119. CERTIFICATE OF COMPLIANCE; TEMPORARY PROVISION.
85.11 Subdivision 1. Pay equity. Until July 1, 2008, a business that is not in compliance
85.12with equitable compensation relationship standards under Minnesota Statutes, section
85.1343A.50, is making a good faith effort to achieve compliance if the commissioner of
85.14employee relations has approved:
85.15 (1) a statement of the business's intention to prepare a pay equity report and an
85.16estimated date no later than July 1, 2008, when the report and plan will be submitted; and
85.17 (2) information on the business's current status, including a statement on the
85.18existence of a company-wide job evaluation system, the total number of male and female
85.19employees of the business, and the business's interest in receiving training on how to
85.20establish equitable compensation relationships.
85.21 Subd. 2. Report. The commissioner of employee relations shall report to the
85.22legislature by January 31, 2008, on implementation of this section. The report must
85.23include findings and recommendations on any changes needed to ensure that state
85.24contractors achieve equitable compensation relationships.
85.25 Sec. 120. SUSTAINABLE GROWTH WORKING GROUP.
85.26 Subdivision 1. Creation. The sustainable growth working group consists of the
85.27following members:
85.28 (1) two senators, including one member of the minority caucus, appointed by the
85.29Subcommittee on Committees of the Committee on Rules and Administration;
85.30 (2) two members of the house of representatives, one appointed by the speaker
85.31and one appointed by the minority leader;
85.32 (3) commissioners of the following agencies, or their designees: Department of
85.33Natural Resources, Department of Administration, Department of Agriculture, Department
85.34of Commerce, Department of Transportation, Department of Employment and Economic
86.1Development, Minnesota Housing Finance Agency, and the Minnesota Pollution Control
86.2Agency; and the chair of the Metropolitan Council or the chair's designee;
86.3 (4) up to 12 public members who have an interest in promoting sustainable
86.4communities in Minnesota, including up to six public members appointed by the speaker
86.5of the house of representatives and up to six public members appointed by the majority
86.6leader of the senate. The appointing authorities must use their best efforts to include at
86.7least one representative from each of the following sectors: business, environmental,
86.8energy, affordable housing, transportation, local government, planning, and philanthropic.
86.9 The membership of the working group must include balanced representation from
86.10rural, urban, and suburban areas of the state.
86.11 Subd. 2. Duties. The working group must identify strategies, recommendations, and
86.12a process for implementing state-level coordination of state and local policies, programs,
86.13and regulations in the areas of housing, transportation, natural resource preservation,
86.14capital development, economic development, sustainability, and preservation of the
86.15environment. The working group must identify sustainable development principles that
86.16will guide decision making in Minnesota. The working group must gather information
86.17and develop strategies relative to the strategic use of state resources, to be consistent with
86.18statewide goals of sustainable development. The working group must report proposed
86.19strategies, recommendations, and a process for implementation to the legislature and the
86.20governor by February 1, 2008. In its report to the legislature and the governor, the working
86.21group must identify its source of funding.
86.22 Subd. 3. Administrative provisions. (a) The commissioner of administration
86.23must convene the initial meeting. Upon request of the working group, the commissioner
86.24must provide meeting space and administrative services for the group. The Office of
86.25Geographic and Demographic Analysis must provide staff support for the working group.
86.26The members of the working group must elect a chair.
86.27 (b) Members of the working group serve without compensation but may be
86.28reimbursed for expenses under Minnesota Statutes, section 15.059.
86.29 (c) The working group expires June 30, 2008.
86.30 (d) The working group may accept gifts and grants, which are accepted on behalf
86.31of the state and constitute donations to the state. Funds received are appropriated to the
86.32commissioner of administration for purposes of the working group.
86.33 Sec. 121. ASSISTANCE.
86.34 House and senate staff must assist the Legislative Coordinating Commission with
86.35new duties assigned to the commission by this act.
87.1 Sec. 122. TRAINING SERVICES.
87.2 During the biennium ending June 30, 2009, state executive branch agencies must
87.3consider using services provided by government training services before contracting with
87.4other outside vendors for similar services.
87.5 Sec. 123. REPEALER.
87.6Minnesota Statutes 2006, sections 3.884; 3.8841; 6.56, subdivision 1; 16A.102;
87.716C.055, subdivision 1; 16C.08, subdivision 4a; 69.051, subdivision 1c; 359.085,
87.8subdivision 8; and 645.44, subdivision 19, are repealed.
87.11 Section 1. Minnesota Statutes 2006, section 16C.02, is amended by adding a
87.12subdivision to read:
87.13 Subd. 4a. Best value; construction. For purposes of construction, building,
87.14alteration, improvement, or repair services, "best value" describes the result determined by
87.15a procurement method that considers price and performance criteria, which may include,
87.16but are not limited to:
87.17 (1) the quality of the vendor's or contractor's performance on previous projects;
87.18 (2) the timeliness of the vendor's or contractor's performance on previous projects;
87.19 (3) the level of customer satisfaction with the vendor's or contractor's performance
87.20on previous projects;
87.21 (4) the vendor's or contractor's record of performing previous projects on budget and
87.22ability to minimize cost overruns;
87.23 (5) the vendor's or contractor's ability to minimize change orders;
87.24 (6) the vendor's or contractor's ability to prepare appropriate project plans;
87.25 (7) the vendor's or contractor's technical capacities;
87.26 (8) the individual qualifications of the contractor's key personnel; or
87.27 (9) the vendor's or contractor's ability to assess and minimize risks.
87.28 "Performance on previous projects" does not include the exercise or assertion of a
87.29person's legal rights. This definition does not apply to sections 16C.32, 16C.33, 16C.34,
87.30and 16C.35.
87.31 Sec. 2. Minnesota Statutes 2006, section 16C.02, is amended by adding a subdivision
87.32to read:
88.1 Subd. 20. Vendor. "Vendor" means a business, including a construction contractor
88.2or a natural person, and includes both if the natural person is engaged in a business.
88.3 Sec. 3. Minnesota Statutes 2006, section 16C.03, subdivision 3, is amended to read:
88.4 Subd. 3. Acquisition authority. The commissioner shall acquire all goods, services,
88.5and utilities needed by agencies. The commissioner shall acquire goods, services, and
88.6utilities by requests for bids, requests for proposals, reverse auctions as provided in
88.7section
88.8requires a particular method of acquisition to be used. The commissioner shall make all
88.9decisions regarding acquisition activities. The determination of the acquisition method
88.10and all decisions involved in the acquisition process, unless otherwise provided for by
88.11law, shall be based on best value which includes an evaluation of price and may include
88.12other considerations including, but not limited to, environmental considerations, quality,
88.13and vendor performance. A best value determination must be based on the evaluation
88.14criteria detailed in the solicitation document. If criteria other than price are used, the
88.15solicitation document must state the relative importance of price and other factors.
88.16
88.17
88.18
88.19be rejected. When using the request for bid process, the bid must be awarded to the
88.20lowest responsive and responsible bidder, taking into consideration conformity with
88.21the specifications, terms of delivery, the purpose for which the contract or purchase is
88.22intended, the status and capability of the vendor, and other considerations imposed in the
88.23request for bids. The commissioner may decide which is the lowest responsible bidder
88.24for all purchases and may use the principles of life-cycle costing, where appropriate, in
88.25determining the lowest overall bid. The duties set forth in this subdivision are subject to
88.26delegation pursuant to this section.
88.27 Sec. 4. Minnesota Statutes 2006, section 16C.03, is amended by adding a subdivision
88.28to read:
88.29 Subd. 3a. Acquisition authority; construction contracts. For all building and
88.30construction contracts, the commissioner shall award contracts pursuant to section
88.3116C.28, and "best value" shall be defined and applied as set forth in sections 16C.02,
88.32subdivision 4a and 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).
88.33The duties set forth in this subdivision are subject to delegation pursuant to this section.
88.34The commissioner shall establish procedures for developing and awarding best value
89.1requests for proposals for construction projects. The criteria to be used to evaluate the
89.2proposals must be included in the solicitation document and must be evaluated in an open
89.3and competitive manner.
89.4 Sec. 5. Minnesota Statutes 2006, section 16C.03, is amended by adding a subdivision
89.5to read:
89.6 Subd. 19. Training. Any personnel administering procurement procedures for a
89.7user of best value procurement or any consultant retained by a local unit of government to
89.8prepare or evaluate solicitation documents must be trained, either by the department or
89.9through other training, in the request for proposals process for best value contracting for
89.10construction projects. The commissioner may establish a training program for state and
89.11local officials, and vendors and contractors, on best value procurement for construction
89.12projects, including those governed by section 16C.28. If the commissioner establishes
89.13such a training program, the state may charge a fee for providing training.
89.14 Sec. 6. Minnesota Statutes 2006, section 16C.26, is amended to read:
89.1516C.26 COMPETITIVE BIDS OR PROPOSALS.
89.16 Subdivision 1. Application. Except as otherwise provided by sections 16C.10,
89.18competitive bids or proposals. "Competitive proposals" specifically refers to the method
89.19of procurement described in section 16C.28, subdivision 1, paragraph (a), clause (2).
89.20 Subd. 2. Requirement contracts. Standard requirement price contracts for building
89.21and construction must be established by competitive bids as provided in subdivision 1.
89.22The standard requirement price contracts may contain escalation clauses and may provide
89.23for a negotiated price increase or decrease based upon a demonstrable industrywide or
89.24regional increase or decrease in the vendor's costs or for the addition of similar products or
89.25replacement items not significant to the total value of existing contracts. The term of these
89.26contracts may not exceed five years including all extensions.
89.27 Subd. 3. Publication of notice; expenditures over $25,000. If the amount of an
89.28expenditure is estimated to exceed $25,000, bids or proposals must be solicited by public
89.29notice in a manner designated by the commissioner. To the extent practical, this must
89.30include posting on a state Web site. For expenditures over $50,000, when a call for bids is
89.31issued the commissioner shall solicit sealed bids by providing notices to all prospective
89.32bidders known to the commissioner by posting notice on a state Web site at least seven
89.33days before the final date of submitting bids. All bids over $50,000 must be sealed when
89.34they are received and must be opened in public at the hour stated in the notice. All
90.1proposals responsive to a request for proposals according to section 16C.28, subdivision
90.21, paragraph (a), clause (2), and paragraph (c), shall be submitted and evaluated in the
90.3manner described in the request for proposals, regardless of the dollar amount. All original
90.4bids and proposals and all documents pertaining to the award of a contract must be retained
90.5and made a part of a permanent file or record and remain open to public inspection.
90.6 Subd. 4. Building and construction contracts; $50,000 or less. An informal bid
90.7may be used for building, construction, and repair contracts that are estimated at less than
90.8$50,000. Informal bids must be authenticated by the bidder in a manner specified by the
90.9commissioner. Alternatively, a request for proposals may be issued according to section
90.1016C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c), for such contracts.
90.11 Subd. 5. Standard specifications, security. Contracts must be based on the
90.12standard specifications prescribed and enforced by the commissioner under this chapter,
90.13unless otherwise expressly provided or as authorized under section 16C.28, subdivision
90.141, paragraph (a), clause (2), and paragraph (c). Each
90.15contractor must furnish security approved by the commissioner to ensure the making of
90.16the contract being bid for.
90.17 Subd. 6. Noncompetitive bids. Agencies are encouraged to contract with small
90.18targeted group businesses designated under section
90.19that are not subject to competitive bidding procedures.
90.20 Sec. 7. Minnesota Statutes 2006, section 16C.27, subdivision 1, is amended to read:
90.21 Subdivision 1. Single source of supply. Competitive bidding
90.22required for contracts clearly and legitimately limited to a single source of supply, and the
90.23contract price may be best established by direct negotiation.
90.24 Sec. 8. Minnesota Statutes 2006, section 16C.28, is amended to read:
90.2516C.28 CONTRACTS; AWARD.
90.26 Subdivision 1.
90.27building and construction contracts entered into by or under the supervision of the
90.28commissioner or an agency for which competitive bids or proposals are required
90.29
90.30
90.31
90.32
90.33
90.34
91.1
91.2
91.3
91.4either of the following:
91.5 (1) the lowest responsible bidder, taking into consideration conformity with the
91.6specifications, terms of delivery, the purpose for which the contract is intended, the status
91.7and capability of the vendor or contractor, other considerations imposed in the call for
91.8bids, and, where appropriate, principles of life-cycle costing; or
91.9 (2) the vendor or contractor offering the best value, taking into account the
91.10specifications of the request for proposals, the price and performance criteria as set forth
91.11in section 16C.02, subdivision 4a, and described in the solicitation document.
91.12 (b) The vendor or contractor must secure bonding, commercial general insurance
91.13coverage, and workers' compensation insurance coverage under paragraph (a), clause
91.14(1) or (2). The commissioner shall determine whether to use the procurement process
91.15described in paragraph (a), clause (1), or the procurement process described in paragraph
91.16(a), clause (2). If the commissioner uses the method in paragraph (a), clause (2), the head
91.17of the agency shall determine which vendor or contractor offers the best value, subject to
91.18the approval of the commissioner. Any or all bids or proposals may be rejected.
91.19 (c) When using the procurement process described in paragraph (a), clause (2), the
91.20solicitation document must state the relative importance of price and other factors.
91.21 Subd. 1a. Establishment and purpose. (a) The state recognizes the importance of
91.22the inclusion of a best value contracting system for construction as an alternative to the
91.23current low-bid system of procurement. In order to accomplish that goal, state and local
91.24governmental entities shall be able to choose the best value system in different phases.
91.25 (b) "Best value" means the procurement method defined in section 16C.02,
91.26subdivision 4a.
91.27 (c) The following entities are eligible to participate in phase I:
91.28 (1) state agencies;
91.29 (2) counties;
91.30 (3) cities; and
91.31 (4) school districts with the highest 25 percent enrollment of students in the state.
91.32Phase I begins on the effective date of this section.
91.33 (d) The following entities are eligible to participate in phase II:
91.34 (1) those entities included in phase I; and
91.35 (2) school districts with the highest 50 percent enrollment of students in the state.
91.36Phase II begins two years from the effective date of this section.
92.1 (e) The following entities are eligible to participate in phase III:
92.2 (1) all entities included in phases I and II; and
92.3 (2) all other townships, school districts, and political subdivisions in the state.
92.4Phase III begins three years from the effective date of this section.
92.5 (f) The commissioner or any agency for which competitive bids or proposals are
92.6required may not use best value contracting as defined in section 16C.02, subdivision 4a,
92.7for more than one project annually, or 20 percent of its projects, whichever is greater, in
92.8each of the first three fiscal years in which best value construction contracting is used.
92.9 Subd. 2. Alterations and erasures. A bid containing an alteration or erasure of
92.10any price contained in the bid which is used in determining the lowest responsible bid
92.11must be rejected unless the alteration or erasure is corrected in a manner that is clear and
92.12authenticated by an authorized representative of the responder. An alteration or erasure
92.13may be crossed out and the correction printed in ink or typewritten adjacent to it and
92.14initialed by an authorized representative of the responder.
92.15 Subd. 3. Special circumstances. The commissioner may reject the bid or proposal
92.16of any
92.17the state. In the case of identical low bids from two or more bidders, the commissioner
92.18may use negotiated procurement methods with the tied low bidders for that particular
92.19transaction so long as the price paid does not exceed the low tied bid price. The
92.20commissioner may award contracts to more than one
92.21accordance with subdivision 1, if doing so does not decrease the service level or diminish
92.22the effect of competition.
92.23 Subd. 4. Record. A record must be kept of all bids or proposals, including names of
92.24bidders, amounts of bids or proposals, and each successful bid or proposal. This record is
92.25open to public inspection, subject to section 13.591 and other applicable law.
92.26 Subd. 5. Preferences not cumulative. The preferences under sections
92.28of preference granted on a contract may not exceed the highest percentage of preference
92.29allowed for that contract under any one of those sections.
92.30 Sec. 9. Minnesota Statutes 2006, section 103D.811, subdivision 3, is amended to read:
92.31 Subd. 3. Awarding of contract. (a) At a time and place specified in the bid notice,
92.32the managers may accept or reject any or all bids and may award the contract to the lowest
92.33responsible bidder. The bidder to whom the contract is to be awarded must give a bond,
92.34with ample security, conditioned by satisfactory completion of the contract.
93.1 (b) Bids must not be considered which in the aggregate exceed by more than 30
93.2percent the total estimated cost of construction or implementation.
93.3 (c) As an alternative to the procurement method described in paragraph (a), the
93.4managers may issue a request for proposals and award the contract to the vendor or
93.5contractor offering the best value as described in section 16C.28, subdivision 1, paragraph
93.6(a), clause (2), and paragraph (c).
93.7 (d) The contract must be in writing and be accompanied by or refer to the plans and
93.8specifications for the work to be done as prepared by the engineer for the watershed
93.9district. The plans and specifications shall become a part of the contract.
93.10
93.11secretary, and contractor.
93.12 Sec. 10. Minnesota Statutes 2006, section 103E.505, subdivision 5, is amended to read:
93.13 Subd. 5. How contract may be awarded. The contract may be awarded in one
93.14job, in sections, or separately for labor and material and
93.15responsible bidder. Alternatively, the contract may be awarded to the vendor or contractor
93.16offering the best value under a request for proposals as described in section 16C.28,
93.17subdivision 1, paragraph (a), clause (2), and paragraph (c).
93.18 Sec. 11. Minnesota Statutes 2006, section 116A.13, subdivision 5, is amended to read:
93.19 Subd. 5. How job may be let. The job may be let in one job, or in sections, or
93.20separately for labor and material, and
93.21bidders therefor. Alternatively, the contract may be awarded to the vendor or contractor
93.22offering the best value under a request for proposals as described in section 16C.28,
93.23subdivision 1, paragraph (a), clause (2), and paragraph (c).
93.24 Sec. 12. Minnesota Statutes 2006, section 123B.52, subdivision 1, is amended to read:
93.25 Subdivision 1. Contracts. A contract for work or labor, or for the purchase of
93.26furniture, fixtures, or other property, except books registered under the copyright laws, or
93.27for the construction or repair of school houses, the estimated cost or value of which shall
93.28exceed that specified in section
93.29board without first advertising for bids or proposals by two weeks' published notice in the
93.30official newspaper. This notice must state the time and place of receiving bids and contain
93.31a brief description of the subject matter.
93.32 Additional publication in the official newspaper or elsewhere may be made as the
93.33board shall deem necessary.
94.1 After taking into consideration conformity with the specifications, terms of delivery,
94.2and other conditions imposed in the call for bids, every such contract for which a call for
94.3bids has been issued must be awarded to the lowest responsible bidder, be duly executed
94.4in writing, and be otherwise conditioned as required by law. The person to whom the
94.5contract is awarded shall give a sufficient bond to the board for its faithful performance.
94.6Notwithstanding section
94.7to the purchase of a finished tangible product, a board may require, at its discretion, a
94.8performance bond of a contractor in the amount the board considers necessary. A record
94.9must be kept of all bids, with names of bidders and amount of bids, and with the successful
94.10bid indicated thereon. A bid containing an alteration or erasure of any price contained in
94.11the bid which is used in determining the lowest responsible bid must be rejected unless the
94.12alteration or erasure is corrected as provided in this section. An alteration or erasure may
94.13be crossed out and the correction thereof printed in ink or typewritten adjacent thereto and
94.14initialed in ink by the person signing the bid. In the case of identical low bids from two or
94.15more bidders, the board may, at its discretion, utilize negotiated procurement methods
94.16with the tied low bidders for that particular transaction, so long as the price paid does not
94.17exceed the low tied bid price. In the case where only a single bid is received, the board
94.18may, at its discretion, negotiate a mutually agreeable contract with the bidder so long as
94.19the price paid does not exceed the original bid. If no satisfactory bid is received, the
94.20board may readvertise. Standard requirement price contracts established for supplies or
94.21services to be purchased by the district must be established by competitive bids. Such
94.22standard requirement price contracts may contain escalation clauses and may provide for a
94.23negotiated price increase or decrease based upon a demonstrable industrywide or regional
94.24increase or decrease in the vendor's costs. Either party to the contract may request that the
94.25other party demonstrate such increase or decrease. The term of such contracts must not
94.26exceed two years with an option on the part of the district to renew for an additional two
94.27years. Contracts for the purchase of perishable food items, except milk for school lunches
94.28and vocational training programs, in any amount may be made by direct negotiation
94.29by obtaining two or more written quotations for the purchase or sale, when possible,
94.30without advertising for bids or otherwise complying with the requirements of this section
94.31or section
94.32period of at least one year after receipt.
94.33 Every contract made without compliance with the provisions of this section shall be
94.34void. Except in the case of the destruction of buildings or injury thereto, where the public
94.35interest would suffer by delay, contracts for repairs may be made without advertising
94.36for bids.
95.1 Sec. 13. Minnesota Statutes 2006, section 123B.52, is amended by adding a
95.2subdivision to read:
95.3 Subd. 1b. Best value alternative. As an alternative to the procurement method
95.4described in subdivision 1, a contract for construction, building, alteration, improvement,
95.5or repair work may be awarded to the vendor or contractor offering the best value under a
95.6request for proposals as described in section 16C.28, subdivision 1, paragraph (a), clause
95.7(2), and paragraph (c).
95.8 Sec. 14. Minnesota Statutes 2006, section 160.17, is amended by adding a subdivision
95.9to read:
95.10 Subd. 2a. Best value alternative. As an alternative to the procurement method
95.11referenced in subdivision 2, counties or towns may issue a request for proposal and award
95.12the contract to the vendor or contractor offering the best value as described in section
95.1316C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).
95.14 Sec. 15. Minnesota Statutes 2006, section 160.262, is amended by adding a subdivision
95.15to read:
95.16 Subd. 5. Best value alternative. As an alternative to the procurement method
95.17described in subdivision 4, the commissioner may allow for the award of design-build
95.18contracts for the projects described in subdivision 4 to the vendor or contractor offering
95.19the best value under a request for proposals as described in section 16C.28, subdivision 1,
95.20paragraph (a), clause (2), and paragraph (c).
95.21 Sec. 16. Minnesota Statutes 2006, section 161.32, is amended by adding a subdivision
95.22to read:
95.23 Subd. 1f. Best value alternative. As an alternative to the procurement method
95.24described in subdivisions 1a to 1e, the commissioner may issue a request for proposals
95.25and award the contract to the vendor or contractor offering the best value as described in
95.26section 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).
95.27 Sec. 17. [161.3206] BEST VALUE CONTRACTING AUTHORITY.
95.28 Notwithstanding sections 16C.25, 161.32, and 161.321, or any other law to the
95.29contrary, the commissioner may solicit and award all contracts, other than design-build
95.30contracts governed by section 161.3412, for a project on the basis of a best value selection
95.31process as defined in section 16C.02, subdivision 4a. Section 16C.08 does not apply
95.32to this section.
96.1 Sec. 18. Minnesota Statutes 2006, section 161.3412, subdivision 1, is amended to read:
96.2 Subdivision 1. Best value selection for design-build contracts. Notwithstanding
96.3sections
96.4may solicit and award a design-build contract for a project on the basis of a best value
96.5selection process. Section
96.6commissioner is a party.
96.7 Sec. 19. Minnesota Statutes 2006, section 161.38, subdivision 4, is amended to read:
96.8 Subd. 4. Effects on other law of public contract with commissioner. Whenever
96.9the road authority of any city enters into an agreement with the commissioner pursuant
96.10to this section, and a portion of the cost is to be assessed against benefited property,
96.11the letting of a public contract by the commissioner for the work shall be deemed to
96.12comply with statutory or charter provisions requiring the city (1) to advertise for bids
96.13before awarding a contract for a public improvement, (2) to let the contract to the lowest
96.14responsible bidder or to the vendor or contractor offering the best value, and (3) to require
96.15a performance bond to be filed by the contractor before undertaking the work. The
96.16contract so let by the commissioner and the performance bond required of the contractor
96.17by the commissioner shall be considered to be the contract and bond of the city for the
96.18purposes of complying with the requirements of any applicable law or charter provision,
96.19and the bond shall inure to the benefit of the city and operate for their protection to the
96.20same extent as though they were parties thereto.
96.21 Sec. 20. Minnesota Statutes 2006, section 365.37, is amended by adding a subdivision
96.22to read:
96.23 Subd. 2a. Best value alternative. As an alternative to the procurement method
96.24described in subdivision 2, a contract for construction, building, alteration, improvement,
96.25or repair work may be awarded to the vendor or contractor offering the best value under a
96.26request for proposals as described in section 16C.28, subdivision 1, paragraph (a), clause
96.27(2), and paragraph (c).
96.28 Sec. 21. Minnesota Statutes 2006, section 374.13, is amended to read:
96.29374.13 TO ADVERTISE FOR BIDS.
96.30 Subdivision 1. Bidding process. When the plans and specifications are completed
96.31and approved by the city council and the county board, the commission shall, after notice
96.32appropriate to inform possible bidders, obtain bids or proposals for all or any portion of
96.33the work or materials, or both, to be done, performed, or furnished in the construction of
97.1the building. All bids or proposals shall be sealed by the bidders or proposers and filed
97.2with the commission at or before the time specified for the opening of bids or proposals.
97.3At the time and place specified for the opening of bids or proposals, the commission shall
97.4meet, open the bids or proposals, tabulate them, and award the contract or contracts to the
97.5responsible bidder whose bid or proposal is the most favorable to the city or county, or
97.6reject all bids and proposals. If all bids or proposals are rejected, the commission may,
97.7after similar notice, obtain more bids or proposals or may modify or change the plans and
97.8specifications and submit the modified plans and specifications to the city council and the
97.9county board for approval. When the modified or changed plans and specifications are
97.10satisfactory to both the city council and the county board, the plans and specifications
97.11shall be returned to the commission and the commission shall proceed again, after similar
97.12notice, to obtain bids or proposals. Any contract awarded by the commission shall be
97.13subject to approval by the city council and the county board.
97.14 Subd. 2. Best value alternative. As an alternative to the procurement method
97.15described in subdivision 1, the commission may issue a request for proposals and award
97.16the contract to the vendor or contractor offering the best value as described in section
97.1716C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).
97.18 Sec. 22. Minnesota Statutes 2006, section 375.21, is amended by adding a subdivision
97.19to read:
97.20 Subd. 1b. Best value alternative. As an alternative to the procurement method
97.21described in subdivision 1, a county board may award a contract for construction, building,
97.22alteration, improvement, or repair work to the vendor or contractor offering the best value
97.23under a request for proposals as described in section 16C.28, subdivision 1, paragraph
97.24(a), clause (2), and paragraph (c).
97.25 Sec. 23. Minnesota Statutes 2006, section 383C.094, is amended by adding a
97.26subdivision to read:
97.27 Subd. 1a. Contracts in excess of $500; best value alternative. As an alternative to
97.28the procurement method described in subdivision 1, the contract may be awarded to the
97.29vendor or contractor offering the best value under a request for proposals as described in
97.30section 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).
97.31 Sec. 24. Minnesota Statutes 2006, section 412.311, is amended to read:
97.32412.311 CONTRACTS.
98.1 Subdivision 1. Lowest responsible bidder. Except as provided in sections
98.2to
98.3made by the council. Whenever the amount of a contract for the purchase of merchandise,
98.4materials or equipment or for any kind of construction work undertaken by the city is
98.5estimated to exceed the amount specified by section
98.6shall be let to the lowest responsible bidder, after notice has been published once in the
98.7official newspaper at least ten days in advance of the last day for the submission of bids. If
98.8the amount of the contract exceeds $1,000, it shall be entered into only after compliance
98.9with section
98.10 Subd. 2. Best value alternative. As an alternative to the procurement method
98.11described in subdivision 1, a contract for construction, building, alteration, improvement,
98.12or repair work may be awarded to the vendor or contractor offering the best value under a
98.13request for proposals as described in section 16C.28, subdivision 1, paragraph (a), clause
98.14(2), and paragraph (c).
98.15 Sec. 25. Minnesota Statutes 2006, section 429.041, is amended by adding a subdivision
98.16to read:
98.17 Subd. 2a. Best value alternative. As an alternative to the procurement method
98.18described in subdivision 2, the council may issue a request for proposals and award the
98.19contract to the vendor or contractor offering the best value as described in section 16C.28,
98.20subdivision 1, paragraph (a), clause (2), and paragraph (c).
98.21 Sec. 26. Minnesota Statutes 2006, section 458D.21, is amended by adding a
98.22subdivision to read:
98.23 Subd. 2a. Contracts in excess of $5,000; best value alternative. As an alternative
98.24to the procurement method described in subdivision 2, the board may issue a request for
98.25proposals and award the contract to the vendor or contractor offering the best value as
98.26described in section 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).
98.27 Sec. 27. Minnesota Statutes 2006, section 469.015, is amended by adding a subdivision
98.28to read:
98.29 Subd. 1a. Best value alternative. As an alternative to the procurement method
98.30described in subdivision 1, the authority may issue a request for proposals and award the
98.31contract to the vendor or contractor offering the best value under a request for proposals as
98.32described in section 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).
99.1 Sec. 28. Minnesota Statutes 2006, section 469.068, subdivision 1, is amended to read:
99.2 Subdivision 1. Contracts; bids; bonds. All construction work and every purchase
99.3of equipment, supplies, or materials necessary in carrying out the purposes of sections
99.5contract as provided in this subdivision or in subdivision 1a. Before receiving bids under
99.6sections
99.7weeks in the official newspaper of the port's city, a notice that bids will be received for the
99.8construction work, or purchase of equipment, supplies, or materials. The notice shall state
99.9the nature of the work, and the terms and conditions upon which the contract is to be let
99.10and name a time and place where the bids will be received, opened, and read publicly,
99.11which time shall be not less than seven days after the date of the last publication. After
99.12the bids have been received, opened, read publicly, and recorded, the commissioners
99.13shall award the contract to the lowest responsible bidder, reserving the right to reject
99.14any or all bids. The contract shall be executed in writing and the person to whom the
99.15contract is awarded shall give sufficient bond to the board for its faithful performance. If
99.16no satisfactory bid is received, the port authority may readvertise, or, by an affirmative
99.17vote of two of its commissioners in the case of a three-member commission, or five of
99.18its members in the case of a seven-member commission, may authorize the authority
99.19to perform any part or parts of any construction work by day labor under conditions it
99.20prescribes. The commissioners may establish reasonable qualifications to determine
99.21the fitness and responsibility of bidders, and require bidders to meet the qualifications
99.22before bids are accepted. If the commissioners by a two-thirds or five-sevenths vote
99.23declare that an emergency exists requiring the immediate purchase of any equipment or
99.24material or supplies at a cost in excess of $1,000, but not exceeding $5,000, in amount,
99.25or making of emergency repairs, it shall not be necessary to advertise for bids, but the
99.26material, equipment, or supplies may be purchased in the open market at the lowest price
99.27obtainable, or the emergency repairs may be contracted for or performed without securing
99.28formal competitive bids. An emergency, for purposes of this section, is unforeseen
99.29circumstances or conditions which result in the jeopardizing of human life or property.
99.30 In all contracts involving the employment of labor, the commissioners shall stipulate
99.31conditions they deem reasonable, as to the hours of labor and wages and may stipulate as
99.32to the residence of employees to be employed by the contractors.
99.33 Bonds shall be required from contractors for any works of construction as provided
99.34in and subject to all the provisions of sections
100.1 Sec. 29. Minnesota Statutes 2006, section 469.068, is amended by adding a subdivision
100.2to read:
100.3 Subd. 1a. Contracts; best value alternative. As an alternative to the procurement
100.4method described in subdivision 1, a contract may be awarded to the vendor or contractor
100.5offering the best value under a request for proposals as described in section 16C.28,
100.6subdivision 1, paragraph (a), clause (2), and paragraph (c).
100.7 Sec. 30. Minnesota Statutes 2006, section 471.345, is amended by adding a subdivision
100.8to read:
100.9 Subd. 3a. Contracts over $50,000; best value alternative. As an alternative to the
100.10procurement method described in subdivision 3, municipalities may award a contract for
100.11construction, alteration, repair, or maintenance work to the vendor or contractor offering
100.12the best value under a request for proposals as described in section 16C.28, subdivision 1,
100.13paragraph (a), clause (2), and paragraph (c).
100.14 Sec. 31. Minnesota Statutes 2006, section 471.345, is amended by adding a subdivision
100.15to read:
100.16 Subd. 4a. Contracts from $10,000 to $50,000; best value alternative. As an
100.17alternative to the procurement method described in subdivision 4, municipalities may
100.18award a contract for construction, alteration, repair, or maintenance work to the vendor or
100.19contractor offering the best value under a request for proposals as described in section
100.2016C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).
100.21 Sec. 32. Minnesota Statutes 2006, section 471.345, subdivision 5, is amended to read:
100.22 Subd. 5. Contracts less than $10,000. If the amount of the contract is estimated
100.23to be $10,000 or less, the contract may be made either upon quotation or in the open
100.24market, in the discretion of the governing body. If the contract is made upon quotation
100.25it shall be based, so far as practicable, on at least two quotations which shall be kept on
100.26file for a period of at least one year after their receipt. Alternatively, municipalities may
100.27award a contract for construction, alteration, repair, or maintenance work to the vendor or
100.28contractor offering the best value under a request for proposals as described in section
100.2916C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).
100.30 Sec. 33. Minnesota Statutes 2006, section 473.523, is amended by adding a subdivision
100.31to read:
101.1 Subd. 1a. Contracts over $50,000; best value alternative. As an alternative to
101.2the procurement method described in subdivision 1, the council may issue a request for
101.3proposals and award the contract to the vendor or contractor offering the best value
101.4under a request for proposals as described in section 16C.28, subdivision 1, paragraph
101.5(a), clause (2), and paragraph (c).
101.6 Sec. 34. Minnesota Statutes 2006, section 473.756, subdivision 12, is amended to read:
101.7 Subd. 12. Contracts. The authority may enter into a development agreement with
101.8the team, the county, or any other entity relating to the construction, financing, and use of
101.9the ballpark and related facilities and public infrastructure. The authority may contract
101.10for materials, supplies, and equipment in accordance with sections
101.11except that the authority, with the consent of the county, may employ or contract with
101.12persons, firms, or corporations to perform one or more or all of the functions of architect,
101.13engineer, or construction manager with respect to all or any part of the ballpark and
101.14public infrastructure. Alternatively, at the request of the team and with the consent of the
101.15county, the authority shall authorize the team to provide for the design and construction
101.16of the ballpark and related public infrastructure, subject to terms of Laws 2006, chapter
101.17257. The construction manager may enter into contracts with contractors for labor,
101.18materials, supplies, and equipment for the construction of the ballpark and related public
101.19infrastructure through the process of public bidding, except that the construction manager
101.20may, with the consent of the authority or the team:
101.21 (1) narrow the listing of eligible bidders to those which the construction manager
101.22determines to possess sufficient expertise to perform the intended functions;
101.23 (2) award contracts to the contractors that the construction manager determines
101.24provide the best value under a request for proposals as described in section 16C.28,
101.25subdivision 1, paragraph (a), clause (2), and paragraph (c), which are not required to be
101.26the lowest responsible bidder; and
101.27 (3) for work the construction manager determines to be critical to the completion
101.28schedule, award contracts on the basis of competitive proposals or perform work with
101.29its own forces without soliciting competitive bids if the construction manager provides
101.30evidence of competitive pricing.
101.31The authority shall require that the construction manager certify, before the contract is
101.32signed, a fixed and stipulated construction price and completion date to the authority
101.33and post a performance bond in an amount at least equal to 100 percent of the certified
101.34price, to cover any costs which may be incurred in excess of the certified price, including
101.35but not limited to costs incurred by the authority or loss of revenues resulting from
102.1incomplete construction on the completion date. The authority may secure surety bonds
102.2as provided in section
102.3public work undertaken by it. Persons entitled to the protection of the bonds may enforce
102.4them as provided in sections
102.5property of the authority under the provisions of sections
102.6construction and operation of the ballpark must include programs, including Youthbuild,
102.7to provide for participation by small local businesses and businesses owned by people of
102.8color, and the inclusion of women and people of color in the workforces of contractors
102.9and ballpark operators. The construction of the ballpark is a "project" as that term is
102.10defined in section
102.11sections
102.14 Section 1. Minnesota Statutes 2006, section 200.02, subdivision 7, is amended to read:
102.15 Subd. 7. Major political party. (a) "Major political party" means a political party
102.16that maintains a party organization in the state, political division, or precinct in question
102.17and that has presented at least one candidate for election to the office of:
102.18 (1) governor and lieutenant governor, secretary of state, state auditor, or attorney
102.19general at the last preceding state general election for those offices; or
102.20 (2) presidential elector or U.S. senator at the last preceding state general election for
102.21presidential electors; and
102.22 whose candidate received votes in each county in that election and received votes
102.23from not less than five percent of the total number of individuals who voted in that election.
102.24 (b) "Major political party" also means a political party that maintains a party
102.25organization in the state, political subdivision, or precinct in question and that has
102.26presented at least 45 candidates for election to the office of state representative, 23
102.27candidates for election to the office of state senator, four candidates for election to
102.28the office of representative in Congress, and one candidate for election to each of the
102.29following offices: governor and lieutenant governor, attorney general, secretary of state,
102.30and state auditor, at the last preceding state general election for those offices.
102.31 (c) "Major political party" also means a political party that maintains a party
102.32organization in the state, political subdivision, or precinct in question and whose members
102.33present to the secretary of state
102.34
102.35on the state partisan primary ballot, which petition contains signatures of a number of
103.1the party members equal to at least five percent of the total number of individuals who
103.2voted in the preceding state general election. The petition may be circulated at any time
103.3after January 1 and more than six weeks before the start of the filing period in the year
103.4the petition is submitted.
103.5 (d) A political party whose candidate receives a sufficient number of votes at a state
103.6general election described in paragraph (a) or a political party that presents candidates at
103.7an election as required by paragraph (b) becomes a major political party as of January
103.81 following that election and retains its major party status for at least two state general
103.9elections even if the party fails to present a candidate who receives the number and
103.10percentage of votes required under paragraph (a) or fails to present candidates as required
103.11by paragraph (b) at subsequent state general elections.
103.12 (e) A major political party whose candidates fail to receive the number and
103.13percentage of votes required under paragraph (a) and that fails to present candidates as
103.14required by paragraph (b) at each of two consecutive state general elections described by
103.15paragraph (a) or (b), respectively, loses major party status as of December 31 following
103.16the later of the two consecutive state general elections.
103.17 Sec. 2. Minnesota Statutes 2006, section 200.02, subdivision 23, is amended to read:
103.18 Subd. 23. Minor political party. (a) "Minor political party" means a political party
103.19that has adopted a state constitution, designated a state party chair, held a state convention
103.20in the last two years, filed with the secretary of state no later than December 31 following
103.21the most recent state general election a certification that the party has met the foregoing
103.22requirements, and met the requirements of paragraph (b) or (e), as applicable.
103.23 (b) To be considered a minor party in all elections statewide, the political party must
103.24have presented at least one candidate for election to the office of:
103.25 (1) governor and lieutenant governor, secretary of state, state auditor, or attorney
103.26general, at the last preceding state general election for those offices; or
103.27 (2) presidential elector or U.S. senator at the preceding state general election for
103.28presidential electors; and
103.29 who received votes in each county that in the aggregate equal at least one percent
103.30of the total number of individuals who voted in the election, or its members must have
103.31presented to the secretary of state
103.32
103.33petition in a form prescribed by the secretary of state containing the signatures of party
103.34members in a number equal to at least one percent of the total number of individuals who
103.35voted in the preceding state general election. The petition may be circulated at any time
104.1after January 1 and more than six weeks before the start of the filing period in the year
104.2the petition is submitted.
104.3 (c) A political party whose candidate receives a sufficient number of votes at a
104.4state general election described in paragraph (b) becomes a minor political party as of
104.5January 1 following that election and retains its minor party status for at least two state
104.6general elections even if the party fails to present a candidate who receives the number
104.7and percentage of votes required under paragraph (b) at subsequent state general elections.
104.8 (d) A minor political party whose candidates fail to receive the number and
104.9percentage of votes required under paragraph (b) at each of two consecutive state general
104.10elections described by paragraph (b) loses minor party status as of December 31 following
104.11the later of the two consecutive state general elections.
104.12 (e) A minor party that qualifies to be a major party loses its status as a minor party
104.13at the time it becomes a major party. Votes received by the candidates of a major party
104.14must be counted in determining whether the party received sufficient votes to qualify as
104.15a minor party, notwithstanding that the party does not receive sufficient votes to retain
104.16its major party status. To be considered a minor party in an election in a legislative
104.17district, the political party must have presented at least one candidate for a legislative
104.18office in that district who received votes from at least ten percent of the total number of
104.19individuals who voted for that office, or its members must have presented to the secretary
104.20of state a nominating petition in a form prescribed by the secretary of state containing the
104.21signatures of party members in a number equal to at least ten percent of the total number
104.22of individuals who voted in the preceding state general election for that legislative office.
104.23 Sec. 3. Minnesota Statutes 2006, section 201.016, subdivision 1a, is amended to read:
104.24 Subd. 1a. Violations; penalty. (a) The county auditor shall mail a violation notice
104.25to any voter who the county auditor can determine has voted
104.26
104.27election day. The notice must be in the form provided by the secretary of state. The
104.28county auditor shall also change the status of the voter in the statewide registration system
104.29to "challenged" and the voter shall be required to provide proof of residence to either the
104.30county auditor or to the election judges in the voter's precinct before voting in the next
104.31election. Any of the forms authorized by section
104.32place may be used for this purpose.
104.33 (b) A voter who votes in a precinct other than the precinct in which the voter
104.34maintains residence after receiving an initial violation notice as provided in this
104.35subdivision is guilty of a petty misdemeanor.
105.1 (c) A voter who votes in a precinct other than the precinct in which the voter
105.2maintains residence after having been found to have committed a petty misdemeanor
105.3under paragraph (b) is guilty of a misdemeanor.
105.4 (d) Reliance by the voter on inaccurate information regarding the location of the
105.5voter's polling place provided by the state, county, or municipality is an affirmative
105.6defense to a prosecution under this subdivision.
105.7 Sec. 4. Minnesota Statutes 2006, section 201.056, is amended to read:
105.8201.056 SIGNATURE OF REGISTERED VOTER; MARKS ALLOWED.
105.9 An individual who is unable to write the individual's name shall be required to sign a
105.10registration
105.11section 645.44, subdivision 14. If the individual registers in person and signs by making
105.12a mark, the clerk or election judge accepting the registration shall certify the mark by
105.13signing the individual's name. If the individual registers by mail and signs by making a
105.14mark, the mark shall be certified by having a voter registered in the individual's precinct
105.15sign the individual's name and the voter's own name and give the voter's own address.
105.16 Sec. 5. Minnesota Statutes 2006, section 201.061, subdivision 1, is amended to read:
105.17 Subdivision 1. Prior to election day. At any time except during the 20 days
105.18immediately preceding any regularly scheduled election, an eligible voter or any
105.19individual who will be an eligible voter at the time of the next election may register to
105.20vote in the precinct in which the voter maintains residence by completing a paper voter
105.21registration application as described in section
105.22it in person or by mail to the county auditor of that county or to the Secretary of State's
105.23Office. If the Web site maintained by the secretary of state provides, an individual who has
105.24a Minnesota driver's license, identification card, or learner's permit may register online.
105.25A registration that is received no later than 5:00 p.m. on the 21st day preceding any
105.26election shall be accepted. An improperly addressed or delivered registration application
105.27shall be forwarded within two working days after receipt to the county auditor of the
105.28county where the voter maintains residence. A state or local agency or an individual that
105.29accepts completed voter registration applications from a voter must submit the completed
105.30applications to the secretary of state or the appropriate county auditor within ten business
105.31days after the applications are dated by the voter.
105.32 For purposes of this section, mail registration is defined as a voter registration
105.33application delivered to the secretary of state, county auditor, or municipal clerk by the
105.34United States Postal Service or a commercial carrier.
106.1 Sec. 6. Minnesota Statutes 2006, section 201.061, is amended by adding a subdivision
106.2to read:
106.3 Subd. 1b. Prohibited methods of compensation; penalty. (a) No individual
106.4may be compensated for the solicitation, collection, or acceptance of voter registration
106.5applications from voters for submission to the secretary of state, a county auditor, or other
106.6local election official in a manner in which payment is calculated by multiplying (1)
106.7either a set or variable payment rate, by (2) the number of voter registration applications
106.8solicited, collected, or accepted.
106.9 (b) No individual may be deprived of compensation or have compensation
106.10automatically reduced exclusively for failure to solicit, collect, or accept a minimum
106.11number of voter registration applications and no individual may receive additional
106.12compensation for reaching or exceeding a minimum number of voter registration
106.13applications.
106.14 (c) A person who violates this subdivision is guilty of a petty misdemeanor.
106.15 Sec. 7. Minnesota Statutes 2006, section 201.061, subdivision 3, is amended to read:
106.16 Subd. 3. Election day registration. (a) The definitions in this paragraph apply
106.17to this subdivision:
106.18 (1) "current utility bill" means a utility bill dated within 30 days before the election
106.19day or due within 30 days before or after the election;
106.20 (2) "photo identification" means identification that displays the name and photo
106.21of an individual and that was issued by:
106.22 (i) another state for use as a driver's license or identification card;
106.23 (ii) a Minnesota college, university, or other postsecondary educational institution or
106.24high school as a student identification card; or
106.25 (iii) a tribal government of a tribe recognized by the Bureau of Indian Affairs, United
106.26States Department of the Interior;
106.27 (3) "residential facility" means transitional housing as defined in section
106.28subdivision 1
106.29section
106.305
106.31establishment as defined in section
106.32the board of directors of the Minnesota Veterans Homes under chapter 198; a residence
106.33licensed by the commissioner of human services to provide a residential program as
106.34defined in section
106.35developmental disability licensed by the commissioner of human services under section
107.1
107.2for battered women as defined in section
107.3publicly or privately operated shelter or dwelling designed to provide temporary living
107.4accommodations for the homeless; and
107.5 (4) "utility bill" means a written or electronic bill for gas, electricity, telephone,
107.6wireless telephone, cable television, satellite television, solid waste, water, sewer services,
107.7or an itemized rent statement.
107.8 (b) An individual who is eligible to vote may register on election day by appearing
107.9in person at the polling place for the precinct in which the individual maintains residence,
107.10by completing a registration application, making an oath in the form prescribed by the
107.11secretary of state and providing proof of residence. An individual may prove residence for
107.12purposes of registering by:
107.13 (1) presenting a driver's license or Minnesota identification card issued pursuant
107.14to section
107.15 (2) presenting:
107.16 (i) a photo identification; and
107.17 (ii) a current utility bill or lease, showing the individual's name and valid residential
107.18address in the precinct;
107.19 (3) 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, address, signature, and picture of the individual;
107.22
107.23identification;
107.24
107.25 (i) a current valid student identification card from a postsecondary educational
107.26institution in Minnesota, if a list of students from that institution has been prepared under
107.27section
107.28the secretary of state; or
107.29 (ii) a current student fee statement that contains the student's valid address in the
107.30precinct together with a
107.31
107.32employee employed by and working in a residential facility in the precinct and vouching
107.33for a resident in the facility, sign an oath in the presence of the election judge vouching that
107.34the voter or employee personally knows that the individual is a resident of the precinct. A
107.35voter who has been vouched for on election day may not sign a proof of residence oath
107.36vouching for any other individual on that election day. A voter who is registered to vote
108.1in the precinct may sign up to 15 proof-of-residence oaths on any election day. This
108.2limitation does not apply to an employee of a residential facility described in this clause.
108.3 (ii) The secretary of state shall provide a form for election judges to use in recording
108.4the number of individuals for whom a voter signs proof-of-residence oaths on election
108.5day. The form must include space for the maximum number of individuals for whom a
108.6voter may sign proof-of-residence oaths. For each proof-of-residence oath, the form
108.7must include a statement that the voter is registered to vote in the precinct, personally
108.8knows that the individual is a resident of the precinct, and is making the statement on
108.9oath. The form must include a space for the voter's printed name, signature, telephone
108.10number, and address.
108.11 The oath required by this subdivision and Minnesota Rules, part
108.12be attached to the voter registration application
108.13
108.14
108.15
108.16
108.17
108.18
108.19
108.20
108.21
108.22
108.23
108.24
108.25
108.26
108.27
108.28
108.29
108.30
108.31
108.32
108.33
108.34
108.35
109.1
109.2
109.3
109.4
109.5
109.6
109.7
109.8 (c) An employee of a residential facility must prove employment with that
109.9facility by presenting a current identification card issued by the facility or other official
109.10documentation verifying the employee's current status with the facility on election day to
109.11be eligible to vouch for individuals residing in that facility.
109.12
109.13responsible for election day registration initial each completed registration application.
109.14EFFECTIVE DATE.This section is effective September 1, 2007.
109.15 Sec. 8. Minnesota Statutes 2006, section 201.071, subdivision 1, is amended to read:
109.16 Subdivision 1. Form. A voter registration application must
109.17
109.18name, middle name, and last name; voter's previous name, if any; voter's current address;
109.19voter's previous address, if any; voter's date of birth; voter's municipality and county of
109.20residence; voter's telephone number, if provided by the voter; date of registration; current
109.21and valid Minnesota driver's license number or Minnesota state identification number,
109.22or if the voter has no current and valid Minnesota driver's license or Minnesota state
109.23identification, and the last four digits of the voter's Social Security number
109.24
109.25by the voter, and the voter's interest in serving as an election judge, if indicated by the
109.26voter. The application must also contain the following certification of voter eligibility:
109.27 "I certify that I:
109.28 (1) will be at least 18 years old on election day;
109.29 (2) am a citizen of the United States;
109.30 (3) will have resided in Minnesota for 20 days immediately preceding election day;
109.31 (4) maintain residence at the address given on the registration form;
109.32 (5) am not under court-ordered guardianship in which the court order revokes my
109.33right to vote;
109.34 (6) have not been found by a court to be legally incompetent to vote;
110.1 (7) have the right to vote because, if I have been convicted of a felony, my felony
110.2sentence has expired (been completed) or I have been discharged from my sentence; and
110.3 (8) have read and understand the following statement: that giving false information
110.4is a felony punishable by not more than five years imprisonment or a fine of not more
110.5than $10,000, or both."
110.6 The certification must include boxes for the voter to respond to the following
110.7questions:
110.8 "(1) Are you a citizen of the United States?" and
110.9 "(2) Will you be 18 years old on or before election day?"
110.10 And the instruction:
110.11 "If you checked 'no' to either of these questions, do not complete this form."
110.12 The form of the voter registration application and the certification of voter eligibility
110.13must be as provided in this subdivision and approved by the secretary of state. Voter
110.14registration forms authorized by the National Voter Registration Act must also be accepted
110.15as valid. The federal postcard application form must also be accepted as valid if it is not
110.16deficient and the voter is eligible to register in Minnesota.
110.17 An individual may use a voter registration application to apply to register to vote in
110.18Minnesota or to change information on an existing registration.
110.19 A paper voter registration application must include space for the voter's signature
110.20and be of suitable size and weight for mailing.
110.21 Sec. 9. Minnesota Statutes 2006, section 201.091, is amended by adding a subdivision
110.22to read:
110.23 Subd. 5a. Registration verification to registered voter. The secretary of state may
110.24provide for voter registration verification to a registered voter on the secretary of state's
110.25Web site. An individual using the verification service must provide the individual's name,
110.26address, and date of birth when requesting registration verification. If the verification
110.27information provided completely matches an active registration record in the statewide
110.28registration system, the individual must be informed that the individual is a registered
110.29voter and provided with the individual's polling place location. If the verification
110.30information provided does not completely match an active registration record in the
110.31statewide registration system, the individual must be informed that a registration record
110.32at the name and address provided cannot be retrieved and advised to contact the county
110.33auditor or secretary of state for further information.
110.34 Sec. 10. Minnesota Statutes 2006, section 201.091, subdivision 9, is amended to read:
111.1 Subd. 9. Restricted data. A list provided for public inspection or purchase, for
111.2jury selection, or in response to a law enforcement inquiry, must not include a voter's
111.3date of birth or any part of a voter's Social Security number, driver's license number,
111.4identification card number, military identification card number, or passport number.
111.5 Sec. 11. Minnesota Statutes 2006, section 201.12, is amended to read:
111.6201.12 PROPER REGISTRATION; VERIFICATION BY MAIL;
111.7CHALLENGES.
111.8 Subdivision 1. Notice of registration. To prevent fraudulent voting and to eliminate
111.9excess names, the county auditor may mail to any registered voter a notice stating the
111.10voter's name and address as they appear in the registration files. The notice shall request
111.11the voter to notify the county auditor if there is any mistake in the information.
111.12 Subd. 2.
111.13but with a permanent forwarding address in this state, the county auditor shall notify the
111.14auditor of the county where the voter resides. Upon receipt of the notice, the county
111.15auditor shall update the voter's address in the statewide voter registration system and mail
111.16to the voter the notice of registration required by section
111.17notice must advise the voter that the voter's voting address has been changed and that the
111.18voter must notify the county auditor within 21 days if the new address is not what the
111.19voter intended to be their permanent address.
111.20 Subd. 3. Moved out of state. If the notice is returned as undeliverable but with a
111.21permanent forwarding address outside this state, the county auditor shall promptly mail
111.22to the voter at the forwarding address a notice advising the voter that the voter's voter
111.23registration in this state will be deleted unless the voter notifies the county auditor within
111.2421 days that the voter intends to retain the former address as the voter's permanent address.
111.25If the notice is not received by the deadline, the county auditor shall delete the registration.
111.26 Subd. 4. Challenges.
111.27
111.28
111.29
111.30forwarding address, the county auditor shall change the registrant's status to "challenged"
111.31in the statewide registration system. An individual challenged in accordance with this
111.32subdivision shall comply with the provisions of section
111.33vote. If a notice mailed at least 60 days after the return of the first nonforwardable mailing
111.34is also returned by the postal service, the county auditor shall change the registrant's status
111.35to "inactive" in the statewide registration system.
112.1EFFECTIVE DATE.This section is effective August 1, 2007.
112.2 Sec. 12. Minnesota Statutes 2006, section 201.13, subdivision 3, is amended to read:
112.3 Subd. 3. Use of change of address system.
112.4
112.5
112.6
112.7
112.8 (a) At least once each month the secretary of state shall obtain a list of individuals in
112.9this state who have filed with the United States Postal Service a change of their permanent
112.10address. If an individual is registered as a voter in the statewide voter registration system
112.11and the change is to another address in this state, the secretary of state shall transmit
112.12the registration by electronic means to the county auditor of the county where the voter
112.13resides. Upon receipt of the registration, the county auditor shall update the voter's
112.14address in the statewide voter registration system and mail to the voter the notice of
112.15registration required by section
112.16that the voter's permanent address has been changed and that the voter must notify the
112.17county auditor within 21 days if the new address is not what the voter intended to be the
112.18voter's permanent address.
112.19 (b) If the change of permanent address is to a forwarding address outside this state,
112.20the secretary of state shall notify by electronic means the auditor of the county where the
112.21voter formerly resided that the voter has left the state. The county auditor shall promptly
112.22mail to the voter at the forwarding address a notice advising the voter that the voter's voter
112.23registration in this state will be deleted unless the voter notifies the county auditor within
112.2421 days that the voter intends to retain the former address as the voter's permanent address.
112.25If the notice is not received by the deadline, the county auditor shall delete the registration.
112.26EFFECTIVE DATE.This section is effective April 1, 2008.
112.27 Sec. 13. Minnesota Statutes 2006, section 201.161, is amended to read:
112.28201.161 AUTOMATIC REGISTRATION OF DRIVER'S LICENSE,
112.29INSTRUCTION PERMIT, AND IDENTIFICATION CARD
112.30APPLICANTS.
112.31 Subdivision 1. Automatic registration. An individual who properly completes
112.32an application for a new or renewed Minnesota driver's license, instruction permit, or
113.1identification card, and who is eligible to vote under section
113.2vote as provided in this section, unless the applicant declines to be registered.
113.3 Subd. 2. Applications. The
113.4consultation with the secretary of state, shall change
113.5duplicate, or change of address driver's license, instruction permit, or identification card so
113.6that the forms may also serve as voter registration applications. The forms must contain
113.7spaces for all information collected by voter registration applications prescribed by the
113.8secretary of state and a box for the applicant to decline to be registered to vote.
113.9
113.10
113.11commissioner shall transmit the information
113.12electronic means to the secretary of state. Pursuant to the Help America Vote Act of 2002,
113.13Public Law 107-252, the computerized driver's license record containing the voter's name,
113.14address, date of birth, citizenship, driver's license number or state identification number,
113.15county,
113.16secretary of state and interaction with the statewide voter registration system.
113.17 Subd. 3. Registration. (a) The secretary of state shall determine whether the
113.18applicant is currently registered in the statewide voter registration system. For each
113.19currently registered voter whose registration is not changed, the secretary of state shall
113.20update the voter's registration date in the statewide voter registration system. For each
113.21currently registered voter whose registration is changed, the secretary of state shall
113.22transmit the registration daily by electronic means to the county auditor of the county
113.23where the voter resides.
113.24 (b) If the applicant is not currently registered in the statewide voter registration
113.25system, the secretary of state shall determine whether the applicant is 18 years of age or
113.26older and a citizen of the United States and compare the voter registration information
113.27received from the commissioner of public safety with the information on wards,
113.28incompetents, and felons received from the state court administrator under sections 201.15
113.29and 201.155, to determine whether the applicant is eligible to vote. If an applicant is
113.30less than 18 years of age, the secretary of state shall wait until the applicant has turned
113.3118 years of age to determine whether the applicant is eligible to vote. For each applicant
113.32the secretary of state determines is an eligible voter, the secretary of state shall transmit
113.33the registration daily by electronic means to the county auditor of the county where the
113.34voter resides.
113.35 Subd. 4. Notice. Upon receipt of the registration, the county auditor shall mail to
113.36the voter the notice of registration required by section
114.1 Subd. 5. Effective date. An application for registration that is dated during the 20
114.2days before an election in any jurisdiction within which the voter resides is not effective
114.3until the day after the election.
114.4 Sec. 14. Minnesota Statutes 2006, section 201.171, is amended to read:
114.5201.171 POSTING VOTING HISTORY; FAILURE TO VOTE;
114.6REGISTRATION REMOVED.
114.7 Within six weeks after every election, the county auditor shall post the voting
114.8history for every person who voted in the election. After the close of the calendar year, the
114.9secretary of state shall determine if any registrants have not voted during the preceding
114.10
114.11of those registrants to "inactive" in the statewide registration system. The list maintenance
114.12performed must be conducted in a manner that ensures that the name of each registered
114.13voter appears in the official list of eligible voters in the statewide registration system.
114.14A voter must not be removed from the official list of eligible voters unless the voter is
114.15not eligible or is not registered to vote. List maintenance must include procedures for
114.16eliminating duplicate names from the official list of eligible voters.
114.17 The secretary of state shall also prepare a report to the county auditor containing the
114.18names of all registrants whose status was changed to "inactive."
114.19 Registrants whose status was changed to "inactive" must register in the manner
114.20specified in section
114.21district, or special election, as required by section
114.22 Although not counted in an election, a late or rejected absentee or mail ballot must
114.23be considered a vote for the purpose of continuing registration.
114.24 Sec. 15. Minnesota Statutes 2006, section 203B.02, subdivision 1, is amended to read:
114.25 Subdivision 1.
114.26Any eligible voter
114.27
114.28
114.29
114.30
114.31
114.32
114.33
114.34
115.1
115.2
115.3EFFECTIVE DATE.This section is effective April 1, 2008.
115.4 Sec. 16. Minnesota Statutes 2006, section 203B.04, subdivision 1, is amended to read:
115.5 Subdivision 1. Application procedures. Except as otherwise allowed by
115.6subdivision 2, an application for absentee ballots for any election may be submitted at
115.7any time not less than one day before the day of that election. The county auditor shall
115.8prepare absentee ballot application forms in the format provided by the secretary of state,
115.9notwithstanding rules on absentee ballot forms, and shall furnish them to any person on
115.10request. By January 1 of each even-numbered year, the secretary of state shall make the
115.11forms to be used available to auditors through electronic means. An application submitted
115.12pursuant to this subdivision shall be in writing and shall be submitted to:
115.13
115.14
115.15the applicant maintains residence.
115.16 An application shall be approved if it is timely received, signed and dated by the
115.17applicant, contains the applicant's name and residence and mailing addresses, and states
115.18that the applicant is eligible to vote by absentee ballot
115.19
115.20must not be made available for public inspection. An application may be submitted to
115.21the county auditor or municipal clerk by an electronic facsimile device. An application
115.22mailed or returned in person to the county auditor or municipal clerk on behalf of a voter
115.23by a person other than the voter must be deposited in the mail or returned in person to
115.24the county auditor or municipal clerk within ten days after it has been dated by the voter
115.25and no later than six days before the election. The absentee ballot applications or a list of
115.26persons applying for an absentee ballot may not be made available for public inspection
115.27until the close of voting on election day.
115.28 An application under this subdivision may contain an application under subdivision
115.295 to automatically receive an absentee ballot application.
115.30EFFECTIVE DATE.This section is effective April 1, 2008.
115.31 Sec. 17. Minnesota Statutes 2006, section 203B.04, subdivision 6, is amended to read:
115.32 Subd. 6. Ongoing absentee status; termination; rules. (a) An eligible voter
115.33may apply to a county auditor or municipal clerk for status as an ongoing absentee voter
116.1
116.2The voter may decline to receive an absentee ballot for one or more elections, provided
116.3the request is received by the county auditor or municipal clerk at least five days before
116.4the deadline in section 204B.35 for delivering ballots for the election to which it applies.
116.5Each applicant must automatically be provided with an absentee ballot
116.6each ensuing election, other than an election by mail conducted under section
116.7or as otherwise requested by the voter, and must have the status of ongoing absentee voter
116.8indicated on the voter's registration record.
116.9 (b) Ongoing absentee voter status ends on:
116.10 (1) the voter's written request;
116.11 (2) the voter's death;
116.12 (3) return of an ongoing absentee ballot as undeliverable;
116.13 (4) a change in the voter's status so that the voter is not eligible to vote under section
116.15 (5) placement of the voter's registration on inactive status under section
116.16 (c) The secretary of state shall adopt rules governing procedures under this
116.17subdivision.
116.18EFFECTIVE DATE.This section is effective April 1, 2008.
116.19 Sec. 18. Minnesota Statutes 2006, section 203B.06, subdivision 3, is amended to read:
116.20 Subd. 3. Delivery of ballots. (a) If an application for absentee ballots is accepted
116.21at a time when absentee ballots are not yet available for distribution, the county auditor,
116.22or municipal clerk accepting the application shall file it and as soon as absentee ballots
116.23are available for distribution shall mail them to the address specified in the application.
116.24If an application for absentee ballots is accepted when absentee ballots are available for
116.25distribution, the county auditor or municipal clerk accepting the application shall promptly:
116.26 (1) mail the ballots to the voter whose signature appears on the application if the
116.27application is submitted by mail and does not request commercial shipping under clause
116.28(2);
116.29 (2) ship the ballots to the voter using a commercial shipper requested by the voter at
116.30the voter's expense;
116.31 (3) deliver the absentee ballots directly to the voter if the application is submitted in
116.32person; or
116.33 (4) deliver the absentee ballots in a sealed transmittal envelope to an agent who has
116.34been designated to bring the ballots, as provided in section 203B.11, subdivision 4, to a
116.35voter who
117.1disabled, a patient in a health care facility,
117.2
117.3participant in a residential program for adults licensed under section
117.414
117.54
117.6 (b) If an application does not indicate the election for which absentee ballots are
117.7sought, the county auditor or municipal clerk shall mail or deliver only the ballots for
117.8the next election occurring after receipt of the application. Only one set of ballots may
117.9be mailed, shipped, or delivered to an applicant for any election, except as provided in
117.10section
117.11voter for a ballot that has been spoiled or lost in transit.
117.12EFFECTIVE DATE.This section is effective August 1, 2007.
117.13 Sec. 19. Minnesota Statutes 2006, section 203B.07, subdivision 2, is amended to read:
117.14 Subd. 2. Design of envelopes. The return envelope shall be of sufficient size
117.15to conveniently enclose and contain the ballot envelope and a voter registration
117.16application folded along its perforations. The return envelope shall be designed to open
117.17on the left-hand end.
117.18
117.19
117.20
117.21
117.22
117.23
117.24
117.25absentee ballot shall be printed on the back of the envelope. The certificate shall contain
117.26a statement to be signed and sworn by the voter indicating that the voter meets all of
117.27the requirements established by law for voting by absentee ballot. If the voter was not
117.28previously registered, the certificate shall also contain a statement signed by a person who
117.29is registered to vote in Minnesota or by a notary public or other individual authorized
117.30to administer oaths stating that:
117.31
117.32
117.33how they were marked, or, if the voter was physically unable to mark them, that the voter
117.34directed another individual to mark them; and
118.1
118.2residence as required by section
118.3 The county auditor or municipal clerk shall affix first class postage to the return
118.4envelopes.
118.5EFFECTIVE DATE.This section is effective April 1, 2008.
118.6 Sec. 20. Minnesota Statutes 2006, section 203B.081, is amended to read:
118.7203B.081 LOCATIONS FOR ABSENTEE VOTING IN PERSON.
118.8 An eligible voter may vote by absentee ballot during the 30 days before the election
118.9in the office of the county auditor and at any other polling place designated by the county
118.10auditor. The county auditor shall make such designations at least 90 days before the
118.11election. At least one voting booth and at least one electronic ballot marker in each polling
118.12place must be made available by the county auditor for this purpose.
118.13 Sec. 21. Minnesota Statutes 2006, section 203B.11, subdivision 4, is amended to read:
118.14 Subd. 4. Agent delivery of ballots. During the
118.15election and until 2:00 p.m. on election day, an eligible voter who
118.16getting to the polls because of health reasons, or who is disabled, a patient of a health care
118.17facility, a resident of a facility providing assisted living services governed by chapter
118.18144G, a participant in a residential program for adults licensed under section
118.19subdivision 14, or a resident of a shelter for battered women as defined in section
118.20subdivision 4, may designate an agent to deliver the ballots to the voter from the county
118.21auditor or municipal clerk. A candidate at the election may not be designated as an agent.
118.22The voted ballots must be returned to the county auditor or municipal clerk no later than
118.233:00 p.m. on election day. The voter must complete an affidavit requesting the auditor or
118.24clerk to provide the agent with the ballots in a sealed transmittal envelope. The affidavit
118.25must include a statement from the voter stating that the ballots were delivered to the voter
118.26by the agent in the sealed transmittal envelope. An agent may deliver ballots to no more
118.27than three persons in any election. The secretary of state shall provide samples of the
118.28affidavit and transmission envelope for use by the county auditors.
118.29EFFECTIVE DATE.This section is effective August 1, 2007.
118.30 Sec. 22. Minnesota Statutes 2006, section 203B.12, subdivision 4, is amended to read:
118.31 Subd. 4. Placement in container; opening and counting of ballots. The ballot
118.32envelopes from return envelopes marked "Accepted" shall be placed by the election
119.1judges in a separate absentee ballot container. The container and each ballot envelope may
119.2be opened only after
119.3noon on election day. The ballots shall then be initialed by the election judges in the
119.4same manner as ballots delivered by them to voters in person and shall be deposited in
119.5the appropriate ballot box.
119.6 If more than one ballot of any kind is enclosed in the ballot envelope, none of the
119.7ballots of that kind shall be counted but all ballots of that kind shall be returned in the
119.8manner provided by section
119.9 Sec. 23. Minnesota Statutes 2006, section 203B.13, subdivision 1, is amended to read:
119.10 Subdivision 1. Establishment. The governing body of any county
119.11
119.12municipality, or any school district may by ordinance or resolution, authorize an absentee
119.13ballot board. The board shall consist of a sufficient number of election judges appointed as
119.14provided in sections
119.15 Sec. 24. Minnesota Statutes 2006, section 203B.13, subdivision 2, is amended to read:
119.16 Subd. 2. Duties. The absentee ballot board may
119.17
119.18
119.19
119.20all return absentee ballot envelopes and
119.21manner provided in section
119.22
119.23
119.24
119.25
119.26 The absentee ballot board may begin the process of examining the return envelopes
119.27and marking them "accepted" or "rejected" at any time during the 30 days before the
119.28election. If an envelope has been rejected at least five days before the election, the
119.29ballots in the envelope must be considered spoiled ballots and the official in charge of the
119.30absentee ballot board shall provide the voter with a replacement absentee ballot and return
119.31envelope in place of the spoiled ballot.
119.32
119.33 Sec. 25. Minnesota Statutes 2006, section 203B.16, subdivision 2, is amended to read:
120.1 Subd. 2. Permanent residence outside United States. Sections
120.3living permanently outside the territorial limits of the United States who meet all the
120.4qualifications of an eligible voter except residence in Minnesota, but who are authorized
120.5by federal law to vote in Minnesota because they maintained residence in Minnesota for
120.6at least 20 days immediately prior to their departure from the United States or because,
120.7although they have never resided in the United States, they have a parent who is eligible to
120.8vote in Minnesota. Individuals described in this subdivision shall be permitted to vote
120.9only for the offices of president, vice-president, senator in Congress, and representative in
120.10Congress.
120.11EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.
120.12 Sec. 26. Minnesota Statutes 2006, section 203B.17, subdivision 2, is amended to read:
120.13 Subd. 2. Required information. An application shall be accepted if it contains the
120.14following information stated under oath:
120.15 (a) the voter's name, birthdate, and present address of residence in Minnesota, or
120.16former address of residence in Minnesota if the voter is living permanently outside the
120.17United States;
120.18 (b) a statement indicating that the voter is in the military, or is the spouse or
120.19dependent of an individual serving in the military, or is temporarily outside the territorial
120.20limits of the United States, or is living permanently outside the territorial limits of the
120.21United States and voting under federal law;
120.22 (c) a statement that the voter expects to be absent from the precinct at the time
120.23of the election;
120.24 (d) the address to which absentee ballots are to be mailed;
120.25 (e) the voter's signature or the signature and relationship of the individual authorized
120.26to apply on the voter's behalf; and
120.27 (f) the voter's military identification card number, passport number, or Minnesota
120.28driver's license or state identification card number
120.29
120.30
120.31
120.32
120.33
120.34
120.35
121.1
121.2
121.3these documents, the voter may attest to the truthfulness of the contents of the application
121.4under penalty of perjury.
121.5EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.
121.6 Sec. 27. Minnesota Statutes 2006, section 203B.21, subdivision 2, is amended to read:
121.7 Subd. 2. Mailing of ballots; return. Ballots and instructions for marking them,
121.8ballot envelopes, and return envelopes shall be sent by first class mail to addresses within
121.9the continental United States and by air mail to addresses outside the continental United
121.10States, unless the voter requests to have the ballot, instructions, and certificate of voter
121.11eligibility sent electronically, as provided for by section 203B.225. The ballot envelope
121.12and return envelope shall be marked "Official Ballot," and shall contain sufficient postage
121.13to assure proper return delivery. The return envelope shall be addressed to comply with any
121.14method for return of absentee ballots as authorized under section
121.15EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.
121.16 Sec. 28. Minnesota Statutes 2006, section 203B.21, subdivision 3, is amended to read:
121.17 Subd. 3. Back of return envelope. On the back of the return envelope an affidavit
121.18form shall appear with space for:
121.19 (a) the voter's address of present or former residence in Minnesota;
121.20 (b) a statement indicating the category described in section
121.21voter belongs;
121.22 (c) a statement that the voter has not cast and will not cast another absentee ballot
121.23in the same election or elections;
121.24 (d) a statement that the voter personally marked the ballots without showing them to
121.25anyone, or if physically unable to mark them, that the voter directed another individual
121.26to mark them; and
121.27 (e) the same voter's military identification card number, passport number, or
121.28Minnesota driver's license or state identification card number as provided on the absentee
121.29ballot application
121.30
121.31
121.32
122.1access to any of these documents, the voter may attest to the truthfulness of the contents of
122.2the application under penalty of perjury.
122.3 The affidavit shall also contain a signed and dated oath in the form required by
122.4section 705 of the Help America Vote Act, Public Law 107-252, which must read:
122.5 "I swear or affirm, under penalty of perjury, that:
122.6 I am a member of the uniformed services or merchant marine on active duty or
122.7an eligible spouse or dependent of such a member; a United States citizen temporarily
122.8residing outside the United States; or other United States citizen residing outside the
122.9United States; and I am a United States citizen, at least 18 years of age (or will be by the
122.10date of the election), and I am eligible to vote in the requested jurisdiction; I have not
122.11been convicted of a felony, or other disqualifying offense, or been adjudicated mentally
122.12incompetent, or, if so, my voting rights have been reinstated; and I am not registering,
122.13requesting a ballot, or voting in any other jurisdiction in the United States except the
122.14jurisdiction cited in this voting form. In voting, I have marked and sealed my ballot in
122.15private and have not allowed any person to observe the marking of the ballot, except for
122.16those authorized to assist voters under state or federal law. I have not been influenced.
122.17 My signature and date below indicate when I completed this document.
122.18 The information on this form is true, accurate, and complete to the best of my
122.19knowledge. I understand that a material misstatement of fact in completion of this
122.20document may constitute grounds for a conviction for perjury."
122.21EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.
122.22 Sec. 29. Minnesota Statutes 2006, section 203B.22, is amended to read:
122.23203B.22 MAILING BALLOTS.
122.24 The county auditor shall mail the appropriate ballots, as promptly as possible, to an
122.25absent voter whose application has been recorded under section
122.26auditor determines that a voter is not eligible to vote at the primary but will be eligible to
122.27vote at the general election, only general election ballots shall be mailed. Only one set of
122.28ballots shall be mailed to any applicant for any election, except that the county auditor
122.29may mail a replacement ballot to a voter whose ballot has been spoiled or lost in transit
122.30or whose mailing address has changed after the date on which the original application
122.31was submitted as confirmed by the county auditor. Ballots to be sent outside the United
122.32States shall be given priority in mailing. A county auditor may make use of any special
122.33service provided by the United States government for the mailing of voting materials
122.34under sections
123.1EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.
123.2 Sec. 30. [203B.225] TRANSMITTING AND RETURNING BALLOTS.
123.3 Subdivision 1. Transmitting ballot and voter certification. Upon receipt of a
123.4properly completed application, the county auditor may electronically transmit to the voter
123.5the appropriate ballots, instructions, and affidavit form and certification of voter eligibility
123.6provided in section 203B.21, subdivision 3.
123.7 Subd. 2. Returning voted ballots. The voter must return the voted ballots and the
123.8certificate of voter eligibility to the county auditor in a sealed envelope. Upon receipt
123.9of a ballot, the county auditor must immediately compare the information provided on
123.10the absentee ballot application with the information provided on the certificate of voter
123.11eligibility. After the information on the certificate of voter eligibility has been verified,
123.12the certificate must be attached to the ballot secrecy envelope and placed with the other
123.13absentee ballots for the precinct in which the voter resides.
123.14 Subd. 3. Rejecting transmitted ballots. If the county auditor cannot verify that the
123.15ballots were returned by the same person to whom the absentee ballot application was
123.16transmitted, the ballots must be rejected and no votes on the ballots may be counted.
123.17EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.
123.18 Sec. 31. [203B.227] WRITE-IN ABSENTEE BALLOT.
123.19 An eligible voter who will be outside the territorial limits of the United States during
123.20the 180 days prior to the state general election may use the federal write-in absentee ballot
123.21to vote in any federal, state, or local election.
123.22EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.
123.23 Sec. 32. Minnesota Statutes 2006, section 203B.24, subdivision 1, is amended to read:
123.24 Subdivision 1. Check of voter eligibility; proper execution of affidavit. Upon
123.25receipt of an absentee ballot returned as provided in sections
123.26election judges shall compare the voter's name with the names appearing on their copy of
123.27the application records to insure that the ballot is from a voter eligible to cast an absentee
123.28ballot under sections
123.29envelope "Accepted" and initial or sign the return envelope below the word "Accepted" if
123.30the election judges are satisfied that:
123.31 (1) the voter's name on the return envelope appears in substantially the same form as
123.32on the application records provided to the election judges by the county auditor;
124.1 (2) the voter has signed the federal oath prescribed pursuant to section 705(b)(2) of
124.2the Help America Vote Act, Public Law 107-252;
124.3 (3) the voter has set forth the same voter's military identification number
124.4number, or
124.5
124.6
124.7
124.8the application, if the voter has one of these documents; and
124.9 (4) the voter has not already voted at that election, either in person or by absentee
124.10ballot.
124.11 An absentee ballot case pursuant to sections
124.12rejected for the lack of one of clauses (1) to (4). In particular, failure to place the ballot
124.13within the security envelope before placing it in the outer white envelope is not a reason to
124.14reject an absentee ballot.
124.15 Election judges must note the reason for rejection on the back of the envelope in the
124.16space provided for that purpose.
124.17 Failure to return unused ballots shall not invalidate a marked ballot, but a ballot
124.18shall not be counted if the affidavit on the return envelope is not properly executed. In
124.19all other respects the provisions of the Minnesota Election Law governing deposit and
124.20counting of ballots shall apply.
124.21EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.
124.22 Sec. 33. [203B.28] EMERGENCY POWERS.
124.23 (a) If the governor has declared an emergency and filed the declaration with the
124.24secretary of state under section 12.31, or if a natural disaster or armed conflict involving
124.25the United States Armed Forces, or mobilization of those forces, including National Guard
124.26and reserve components of this state, makes substantial compliance with the Uniformed
124.27and Overseas Citizens Absentee Voting Act impossible or unreasonable, the secretary of
124.28state may prescribe, by emergency orders, special procedures or requirements necessary to
124.29facilitate absentee voting by those citizens directly affected who otherwise are eligible
124.30to vote in this state.
124.31 (b) The secretary of state shall adopt rules describing the emergency powers and the
124.32situations in which the powers must be exercised.
124.33EFFECTIVE DATE.Paragraph (a) is effective for elections held after April 1,
124.342008. Paragraph (b) is effective the day following final enactment.
125.1 Sec. 34. Minnesota Statutes 2006, section 204B.06, subdivision 1, is amended to read:
125.2 Subdivision 1. Form of affidavit. An affidavit of candidacy shall state the name of
125.3the office sought and, except as provided in subdivision 4, shall state that the candidate:
125.4 (1) is an eligible voter;
125.5 (2) has no other affidavit on file as a candidate for any office at the same primary
125.6or next ensuing general election, except that a candidate for soil and water conservation
125.7district supervisor in a district not located in whole or in part in Anoka, Hennepin,
125.8Ramsey, or Washington County, may also have on file an affidavit of candidacy for
125.9mayor or council member of a statutory or home rule charter city of not more than 2,500
125.10population contained in whole or in part in the soil and water conservation district or for
125.11town supervisor in a town of not more than 2,500 population contained in whole or in part
125.12in the soil and water conservation district; and
125.13 (3) is, or will be on assuming the office, 21 years of age or more, and will have
125.14maintained residence in the district from which the candidate seeks election for 30 days
125.15before the general election.
125.16 An affidavit of candidacy must include a statement that the candidate's name as
125.17written on the affidavit for ballot designation is the candidate's true name or the name by
125.18which the candidate is commonly and generally known in the community.
125.19 An affidavit of candidacy for partisan office shall also state the name of the
125.20candidate's political party or political principle, stated in three words or less. Except as
125.21provided in section 204B.09, subdivision 1a, the affidavit of candidacy must include an
125.22original signature of the candidate.
125.23 Sec. 35. Minnesota Statutes 2006, section 204B.09, subdivision 1, is amended to read:
125.24 Subdivision 1. Candidates in state and county general elections. (a) Except as
125.25otherwise provided by this subdivision, affidavits of candidacy and nominating petitions
125.26for county, state, and federal offices filled at the state general election shall be filed not
125.27more than 70 days nor less than 56 days before the state primary. The affidavit may
125.28be prepared and signed at any time between 60 days before the filing period opens and
125.29the last day of the filing period.
125.30 (b) Notwithstanding other law to the contrary, the affidavit of candidacy must be
125.31signed in the presence of a notarial officer or an individual authorized to administer oaths
125.32under section
125.33 (c) This provision does not apply to candidates for presidential elector nominated
125.34by major political parties. Major party candidates for presidential elector are certified
125.35under section
126.1before the state primary day pursuant to section
126.2before the state primary
126.3filed as provided in section
126.45:00 p.m. on the last day for filing.
126.5 (d) Affidavits and petitions for county offices
126.6must be filed with the county auditor of that county. Affidavits and petitions for federal
126.7offices
126.8state. Affidavits and petitions for state offices must be filed with the secretary of state or
126.9with the county auditor of the county in which the candidate resides.
126.10 Sec. 36. Minnesota Statutes 2006, section 204B.09, subdivision 1a, is amended to read:
126.11 Subd. 1a. Absent candidates. (a) A candidate for special district, county, state,
126.12or federal office who will be absent from the state during the filing period may submit
126.13a properly executed affidavit of candidacy, the appropriate filing fee, and any necessary
126.14petitions in person to the filing officer. The candidate shall state in writing the reason for
126.15being unable to submit the affidavit during the filing period. The affidavit, filing fee,
126.16and petitions must be submitted to the filing officer during the seven days immediately
126.17preceding the candidate's absence from the state. Nominating petitions may be signed
126.18during the 14 days immediately preceding the date when the affidavit of candidacy is filed.
126.19 (b) In extraordinary circumstances beyond the candidate's control that prevent
126.20the candidate from filing an affidavit of candidacy authenticated by the candidate's
126.21handwritten or other signature meeting the requirements of section 645.44, subdivision 14,
126.22the affidavit of candidacy may be filed electronically with the secretary of state along with
126.23a written statement of the extraordinary circumstances. The affidavit and statement may be
126.24authenticated either by the electronic facsimile signature of the candidate, by an electronic
126.25signature consisting of a password assigned by the secretary of state, or by another form of
126.26electronic signature approved by the secretary of state. The secretary of state may adopt
126.27rules governing the electronic filing of an affidavit of candidacy under this paragraph.
126.28 Sec. 37. Minnesota Statutes 2006, section 204B.09, subdivision 3, is amended to read:
126.29 Subd. 3. Write-in candidates. (a) A candidate for county, state, or federal office
126.30who wants write-in votes for the candidate to be counted must file a written request with
126.31the filing office for the office sought no later than the
126.32election. The filing officer shall provide copies of the form to make the request.
126.33 (b) A candidate for president of the United States who files a request under this
126.34subdivision must include the name of a candidate for vice-president of the United States.
127.1The request must also include the name of at least one candidate for presidential elector.
127.2The total number of names of candidates for presidential elector on the request may not
127.3exceed the total number of electoral votes to be cast by Minnesota in the presidential
127.4election.
127.5 (c) A candidate for governor who files a request under this subdivision must include
127.6the name of a candidate for lieutenant governor.
127.7 Sec. 38. Minnesota Statutes 2006, section 204B.11, subdivision 2, is amended to read:
127.8 Subd. 2. Petition in place of filing fee. At the time of filing an affidavit of
127.9candidacy, a candidate may present a petition in place of the filing fee. The petition may be
127.10circulated from the date of precinct caucuses to the end of the period for filing affidavits of
127.11candidacy. The petition may be signed by any individual eligible to vote for the candidate.
127.12A nominating petition filed pursuant to section
127.13effective as a petition in place of a filing fee if the nominating petition includes a prominent
127.14statement informing the signers of the petition that it will be used for that purpose.
127.15 The number of signatures on a petition in place of a filing fee shall be as follows:
127.16 (a) for a state office voted on statewide, or for president of the United States, or
127.17United States senator, 2,000;
127.18 (b) for a congressional office, 1,000;
127.19 (c) for a county or legislative office, or for the office of district judge, 500; and
127.20 (d) for any other office which requires a filing fee as prescribed by law, municipal
127.21charter, or ordinance, the lesser of 500 signatures or five percent of the total number of
127.22votes cast in the municipality, ward, or other election district at the preceding general
127.23election at which that office was on the ballot.
127.24 An official with whom petitions are filed shall make sample forms for petitions in
127.25place of filing fees available upon request.
127.26 Sec. 39. Minnesota Statutes 2006, section 204B.16, subdivision 1, is amended to read:
127.27 Subdivision 1. Authority; location. The governing body of each municipality and
127.28of each county with precincts in unorganized territory shall designate by ordinance or
127.29resolution a polling place for each election precinct. Polling places must be designated
127.30and ballots must be distributed so that no one is required to go to more than one polling
127.31place to vote in a school district and municipal election held on the same day. The polling
127.32place for a precinct in a city or in a school district located in whole or in part in the
127.33metropolitan area defined by section
127.34boundaries of the precinct or within
128.1a single polling place is designated for a city pursuant to section
128.22
128.3unorganized territory may be located outside the precinct at a place which is convenient to
128.4the voters of the precinct. If no suitable place is available within a town or within a school
128.5district located outside the metropolitan area defined by section
128.6then the polling place for a town or school district may be located outside the town or
128.7school district within five miles of one of the boundaries of the town or school district.
128.8 Sec. 40. Minnesota Statutes 2006, section 204B.21, subdivision 2, is amended to read:
128.9 Subd. 2. Appointing authority; powers and duties. Election judges for precincts
128.10in a municipality shall be appointed by the governing body of the municipality. Election
128.11judges for precincts in unorganized territory and for performing election-related duties
128.12assigned by the county auditor shall be appointed by the county board. Election judges for
128.13a precinct composed of two or more municipalities must be appointed by the governing
128.14body of the municipality or municipalities responsible for appointing election judges as
128.15provided in the agreement to combine for election purposes. Appointments
128.16made from lists furnished pursuant to subdivision 1 subject to the eligibility requirements
128.17and other qualifications established or authorized under section
128.18election judges in each precinct must be affiliated with different major political parties. If
128.19no lists have been furnished or if additional election judges are required
128.20
128.21
128.22who meet the qualifications to serve as an election judge, including persons who are not
128.23affiliated with a major political party. The appointments shall be made at least 25 days
128.24before the election at which the election judges will serve.
128.25 Sec. 41. Minnesota Statutes 2006, section 204B.21, is amended by adding a
128.26subdivision to read:
128.27 Subd. 2a. Town elections. The provisions of this section and sections 204B.19,
128.28subdivision 5; 204C.15; 204C.19; 206.83; and 206.86, subdivision 2, relating to party
128.29balance in the appointment of judges and to duties to be performed by judges of different
128.30major political parties do not apply to town elections not held in conjunction with a
128.31statewide election.
128.32 Sec. 42. [204B.445] VOTER COMPLAINT AND RESOLUTION PROCESS.
129.1 Subdivision 1. Scope. An eligible voter may file a complaint to seek the resolution
129.2of any of the following conditions that have occurred or are about to occur:
129.3 (1) voter records in the statewide registration system are not maintained by the
129.4secretary of state or a county auditor in the manner provided in chapter 201;
129.5 (2) voters are unable to register to vote in the manner provided by section 201.061;
129.6 (3) a voting system, including an electronic ballot marker, meeting the requirements
129.7of section 206.80 is not available for use by voters either casting an absentee ballot in
129.8person at the locations designated by the county auditor or local election official, or for
129.9voting at any polling place on election day; or
129.10 (4) the secretary of state, county auditor, or local election official has failed, is
129.11failing, or is about to fail to carry out a duty required by Title III of the Help America
129.12Vote Act of 2002.
129.13 A complaint against a municipal or school district clerk must be filed with the county
129.14auditor of the county in which the action has occurred or is about to occur. A complaint
129.15against a county auditor must be filed with the secretary of state. A complaint against the
129.16secretary of state must be filed with the Office of Administrative Hearings. The secretary
129.17of state shall provide a standard form for a complaint under this section. The form must
129.18provide space for the complainant to specify the legal basis for the complaint. The
129.19proceedings authorized by this section are not subject to the requirements of chapter 14.
129.20 Subd. 2. Notice of complaint. The official with whom the complaint is filed must,
129.21within seven days after the complaint was filed, provide written notice of the complaint,
129.22including a copy of the complaint, to the official against whom the complaint has been
129.23made.
129.24 Subd. 3. Response. Within 14 days after the notice of complaint is received, the
129.25official complained against must respond in writing to the complainant and state the
129.26manner in which the respondent proposes to resolve the complaint.
129.27 Subd. 4. Hearing. If the complainant believes the response does not resolve the
129.28complaint, the complainant may file, with the official with whom the complaint was filed,
129.29a request for a hearing. The request must state the objection to the response and propose
129.30to resolve the complaint in a way that is consistent with the Minnesota Election Law. If
129.31the complainant makes a request for hearing, a hearing must take place. The official with
129.32whom the complaint was filed must rule on the complaint within 14 days after the hearing.
129.33 Subd. 5. Timeline. A ruling on a complaint must be made no more than 90 days
129.34after the complaint is filed. If the official with whom the complaint was filed fails to
129.35make that ruling within 90 days after the complaint was filed, that official must provide
130.1alternative dispute resolution for the disposition of the complaint. The alternative dispute
130.2resolution process must be completed within 60 days of its commencement.
130.3 Subd. 6. Appeal. No later than 30 days after the ruling, the complainant may appeal
130.4the ruling. If the complaint was filed against a municipal clerk, school district clerk, or
130.5county auditor, the appeal must be filed with the secretary of state. If the complaint was
130.6filed against the secretary of state, the appeal must be filed with the Ramsey County
130.7District Court. The appeal must be heard within 14 days. Upon hearing the appeal, the
130.8secretary of state or district court may affirm, reverse, or modify the ruling and give
130.9appropriate instructions, as needed, to the secretary of state, county auditor, or local
130.10election official to resolve the complaint.
130.11 Subd. 7. Remedies; notice. If the official rules that there has been a violation of
130.12Title III of the Help America Vote Act of 2002, the official must provide an appropriate
130.13remedy. If the official rules that there has not been a violation, the complaint must be
130.14dismissed and the results of the process published by the official.
130.15EFFECTIVE DATE.This section is effective January 1, 2008.
130.16 Sec. 43. Minnesota Statutes 2006, section 204B.45, subdivision 2, is amended to read:
130.17 Subd. 2. Procedure. Notice of the election and the special mail procedure must be
130.18given at least six weeks prior to the election.
130.19later than 14 days prior to the election, the auditor shall mail ballots by nonforwardable
130.20mail to all voters registered in the town or unorganized territory. No later than 14 days
130.21before the election, the auditor must make a subsequent mailing of ballots to those voters
130.22who register to vote after the initial mailing but before the 20th day before the election.
130.23Eligible voters not registered at the time the ballots are mailed may apply for ballots as
130.24provided in chapter 203B. Ballot return envelopes, with return postage provided, must be
130.25preaddressed to the auditor or clerk and the voter may return the ballot by mail or in person
130.26to the office of the auditor or clerk. The auditor or clerk may appoint election judges to
130.27examine the return envelopes and mark them "accepted" or "rejected" during the 30 days
130.28before the election. If an envelope has been rejected at least five days before the election,
130.29the ballots in the envelope must be considered spoiled ballots and the auditor or clerk shall
130.30provide the voter with a replacement ballot and return envelope in place of the spoiled
130.31ballot. The costs of the mailing shall be paid by the election jurisdiction in which the voter
130.32resides. Any ballot received by 8:00 p.m. on the day of the election must be counted.
130.33 Sec. 44. Minnesota Statutes 2006, section 204C.06, subdivision 1, is amended to read:
131.1 Subdivision 1. Lingering near polling place. An individual shall be allowed to go
131.2to and from the polling place for the purpose of voting without unlawful interference. No
131.3one except an election official or an individual who is waiting to register or to vote shall
131.4stand within 100 feet of the
131.5
131.6building in which a polling place is located.
131.7 Sec. 45. Minnesota Statutes 2006, section 204C.07, subdivision 3a, is amended to read:
131.8 Subd. 3a. Residence requirement. A challenger must be a resident of this state.
131.9Appointed challengers seeking admission to a polling place to serve in that capacity must
131.10prove their status as a resident of this state by presenting one of the documents listed in
131.11section 201.061, subdivision 3, paragraph (b), clauses (1) to (4). Challengers need not
131.12prove residence in the precinct in which they seek to act as a challenger.
131.13EFFECTIVE DATE.This section is effective September 1, 2007.
131.14 Sec. 46. Minnesota Statutes 2006, section 204C.07, is amended by adding a
131.15subdivision to read:
131.16 Subd. 3b. Oath to obey the law. A challenger must state under oath that the
131.17challenger understands and will abide by the laws and rules governing challengers as
131.18described in this section and in section 204C.12 and governing challenges to voters as
131.19described in section 204C.12.
131.20EFFECTIVE DATE.This section is effective September 1, 2007.
131.21 Sec. 47. Minnesota Statutes 2006, section 205.10, is amended by adding a subdivision
131.22to read:
131.23 Subd. 6. Cancellation. A special election ordered by the governing body of the
131.24municipality on its own motion under subdivision 1 may be canceled by motion of the
131.25governing body, but not less than 46 days before the election.
131.26 Sec. 48. Minnesota Statutes 2006, section 205.13, is amended by adding a subdivision
131.27to read:
131.28 Subd. 7. Write-in candidates. A candidate for a city office who wants write-in
131.29votes for the candidate to be counted must file a written request with the filing officer for
131.30the office sought no later than the seventh day before the general election. The filing
131.31officer must provide copies of the form to make the request.
132.1 Sec. 49. Minnesota Statutes 2006, section 205.16, subdivision 3, is amended to read:
132.2 Subd. 3. Sample ballot, posting. For every municipal election, the municipal clerk
132.3shall at least
132.4precinct in the municipality, make them available for public inspection in the clerk's office
132.5
132.6 Sec. 50. Minnesota Statutes 2006, section 205.16, subdivision 4, is amended to read:
132.7 Subd. 4. Notice to auditor. At least 53 days prior to every municipal election, the
132.8municipal clerk shall provide a written notice to the county auditor, including the date of
132.9the election, the offices to be voted on at the election, and the title and language for each
132.10ballot question to be voted on at the election. Not less than 46 days before the election, the
132.11municipal clerk must provide written notice to the county auditor of any special election
132.12canceled under section 205.10, subdivision 6.
132.13 Sec. 51. Minnesota Statutes 2006, section 205A.05, is amended by adding a
132.14subdivision to read:
132.15 Subd. 3. Cancellation. A special election ordered by the school board on its own
132.16motion under subdivision 1 may be canceled by motion of the school board, but not less
132.17than 46 days before the election.
132.18 Sec. 52. Minnesota Statutes 2006, section 205A.07, subdivision 3, is amended to read:
132.19 Subd. 3. Notice to auditor. At least 53 days prior to every school district election,
132.20the school district clerk shall provide a written notice to the county auditor of each county
132.21in which the school district is located. The notice must include the date of the election, the
132.22offices to be voted on at the election, and the title and language for each ballot question to
132.23be voted on at the election. For the purposes of meeting the timelines of this section, in
132.24a bond election, a notice, including a proposed question, may be provided to the county
132.25auditor prior to receipt of a review and comment from the commissioner of education and
132.26prior to actual initiation of the election. Not less than 46 days before the election, the
132.27school district clerk must provide written notice to the county auditor of any special
132.28election canceled under section 205A.05, subdivision 3.
132.29 Sec. 53. Minnesota Statutes 2006, section 205A.07, subdivision 3a, is amended to read:
132.30 Subd. 3a. Notice to commissioner of education. At least 49 days prior to every
132.31school district election, under section
132.32the school district clerk shall provide a written notice to the commissioner of education.
133.1The notice must include the date of the election and the title and language for each ballot
133.2question to be voted on at the election. Not less than 46 days before the election, the
133.3school district clerk must provide a written notice to the commissioner of education of
133.4any special election canceled under section 205A.05, subdivision 3. The certified vote
133.5totals for each ballot question shall be provided in a written notice to the commissioner
133.6in a timely manner.
133.7 Sec. 54. Minnesota Statutes 2006, section 205A.10, subdivision 2, is amended to read:
133.8 Subd. 2. Election, conduct. A school district election must be by secret ballot and
133.9must be held and the returns made in the manner provided for the state general election, as
133.10far as practicable. The vote totals from an absentee ballot board established pursuant to
133.11section
133.12than by precinct. For school district elections not held in conjunction with a statewide
133.13election, the school board shall appoint election judges as provided in section
133.14subdivision 2
133.15204C.15
133.16party balance in appointment of judges and to duties to be performed by judges of different
133.17major political parties do not apply to school district elections not held in conjunction
133.18with a statewide election.
133.19 Sec. 55. Minnesota Statutes 2006, section 206.57, subdivision 5, is amended to read:
133.20 Subd. 5. Voting system for disabled voters. In federal and state elections held after
133.21December 31, 2005,
133.22December 31, 2007, and in township elections held after December 31, 2009, the voting
133.23method used in each polling place must include a voting system that is accessible for
133.24individuals with disabilities, including nonvisual accessibility for the blind and visually
133.25impaired in a manner that provides the same opportunity for access and participation,
133.26including privacy and independence, as for other voters.
133.27 Sec. 56. Minnesota Statutes 2006, section 206.89, subdivision 1, is amended to read:
133.28 Subdivision 1. Definition. For purposes of this section "postelection review official"
133.29means the
133.30
133.31auditor designates the municipal clerk as the "postelection review official" within 24 hours
133.32after the canvass of the state general election.
134.1 Sec. 57. Minnesota Statutes 2006, section 206.89, subdivision 5, is amended to read:
134.2 Subd. 5. Additional review. (a) If the postelection review in one of the reviewed
134.3precincts reveals a difference greater than one-half of one percent, or greater than two
134.4votes in a precinct where 400 or fewer voters cast ballots, the postelection review official
134.5must, within two days, conduct an additional review of the races indicated in subdivision 3
134.6in at least three precincts in the same jurisdiction where the discrepancy was discovered. If
134.7all precincts in that jurisdiction have been reviewed, the county auditor must immediately
134.8publicly select by lot at least three additional precincts for review. The postelection review
134.9official must complete the additional review within two days after the precincts are
134.10selected and report the results immediately to the county auditor. If the second review in
134.11any of the reviewed precincts also indicates a difference in the vote totals compiled by the
134.12voting system that is greater than one-half of one percent from the result indicated by the
134.13postelection review, or greater than two votes in a precinct where 400 or fewer voters cast
134.14ballots, the county auditor must conduct a review of the ballots from all the remaining
134.15precincts in the county for the races indicated in subdivision 3. This review must be
134.16completed no later than six weeks after the state general election.
134.17 (b) If the results from the countywide reviews from one or more counties comprising
134.18in the aggregate more than ten percent of the total number of persons voting in the election
134.19clearly indicate that an error in vote counting has occurred, the postelection review official
134.20must conduct a manual recount of all the ballots in the district for the affected office. The
134.21recount must be completed and the results reported to the appropriate canvassing board no
134.22later than ten weeks after the state general election.
134.23 Sec. 58. Minnesota Statutes 2006, section 211A.02, subdivision 2, is amended to read:
134.24 Subd. 2. Information required. The report to be filed by a candidate or committee
134.25must include:
134.26 (1) the name of the candidate or ballot question;
134.27 (2) the printed name
134.28if available, of the person responsible for filing the report;
134.29 (3) the total amount of receipts and expenditures for the period from the last previous
134.30report to five days before the current report is due;
134.31 (4) the amount, date, and purpose for each expenditure; and
134.32 (5) the name, address, and employer, or occupation if self-employed, of any
134.33individual or committee that during the year has made one or more contributions that in the
134.34aggregate are equal to or greater than $100, and the amount and date of each contribution.
135.1The filing officer must restrict public access to the address of any individual who has made
135.2a contribution equal to or greater than $100 and who has filed with the filing officer a
135.3written statement signed by the individual that withholding the individual's address from
135.4the financial report is required for the safety of the individual or the individual's family.
135.5 Sec. 59. Minnesota Statutes 2006, section 211A.05, subdivision 1, is amended to read:
135.6 Subdivision 1. Penalty. A candidate who intentionally fails to file a report required
135.7by section
135.8The treasurer of a committee formed to promote or defeat a ballot question who
135.9intentionally fails to file a report required by section
135.10by this section is guilty of a misdemeanor. Each candidate or treasurer of a committee
135.11formed to promote or defeat a ballot question shall certify to the filing officer that all
135.12reports required by section
135.13candidate or committee has not received contributions or made disbursements exceeding
135.14$750 in the calendar year. The certification shall be submitted to the filing officer no
135.15later than seven days after the general or special election. The secretary of state shall
135.16prepare blanks for this certification. An officer who issues a certificate of election to a
135.17candidate who has not certified that all reports required by section
135.18filed is guilty of a misdemeanor.
135.19 Sec. 60. Minnesota Statutes 2006, section 325L.03, is amended to read:
135.20325L.03 SCOPE.
135.21 (a) Except as otherwise provided in paragraphs (b) and (e), this chapter applies to
135.22electronic records and electronic signatures relating to a transaction.
135.23 (b) This chapter does not apply to a transaction to the extent it is governed by:
135.24 (1) the Uniform Commercial Code other than section
135.25article 2A; and
135.26 (2) section
135.27care directive; section
135.28power of attorney, or other instrument affecting real estate; section
135.293
135.30section
135.31preferences or instructions regarding intrusive mental health treatment.
135.32 (c) This chapter applies to an electronic record or electronic signature otherwise
135.33excluded from the application of this chapter under paragraph (b) to the extent it is
135.34governed by a law other than those specified in paragraph (b).
136.1 (d) A transaction subject to this chapter is also subject to other applicable substantive
136.2law.
136.3 (e) This chapter does not apply to the creation and execution of wills, codicils, or
136.4trusts other than trusts relating to the conduct of business, commercial, or governmental
136.5purposes.
136.6 (f) Except as provided in section 204B.09, subdivision 1a, this chapter does not
136.7apply to affidavits of candidacy relating to the conduct of elections.
136.8 Sec. 61. Minnesota Statutes 2006, section 375.101, subdivision 1, is amended to read:
136.9 Subdivision 1. Option for filling vacancies; election in 30 to
136.10as provided in subdivision 3, a vacancy in the office of county commissioner
136.11filled as provided in this subdivision and subdivision 2, or as provided in subdivision 4. If
136.12the vacancy is to be filled under this subdivision and subdivision 2, it must be filled at a
136.13special election not less than 30 nor more than
136.14special primary or special election may be held on the same day as a regular primary or
136.15regular election but the special election shall be held not less than 14 days after the special
136.16primary. The person elected at the special election shall take office immediately after
136.17receipt of the certificate of election and upon filing the bond and taking the oath of office
136.18and shall serve the remainder of the unexpired term. If the county has been reapportioned
136.19since the commencement of the term of the vacant office, the election shall be based
136.20on the district as reapportioned.
136.21EFFECTIVE DATE.This section is effective the day following final enactment.
136.22 Sec. 62. Minnesota Statutes 2006, section 375.101, is amended by adding a subdivision
136.23to read:
136.24 Subd. 4. Option for filling vacancies; appointment. Except as provided in
136.25subdivision 3, and as an alternative to the procedure provided in subdivisions 1 and 2, any
136.26other vacancy in the office of county commissioner may be filled by board appointment at
136.27a regular or special meeting. The appointment shall be evidenced by a resolution entered
136.28in the minutes and shall continue until an election is held under this subdivision. All
136.29elections to fill vacancies shall be for the unexpired term. If the vacancy occurs before the
136.30first day to file affidavits of candidacy for the next county general election and more than
136.31two years remain in the unexpired term, a special election shall be held in conjunction
136.32with the county general election. The appointed person shall serve until the qualification
136.33of the successor elected to fill the unexpired part of the term at that special election. If the
136.34vacancy occurs on or after the first day to file affidavits of candidacy for the county general
137.1election, or when less than two years remain in the unexpired term, there shall be no special
137.2election to fill the vacancy and the appointed person shall serve the remainder of the
137.3unexpired term and until a successor is elected and qualifies at the county general election.
137.4EFFECTIVE DATE.This section is effective the day following final enactment.
137.5 Sec. 63. Minnesota Statutes 2006, section 410.12, subdivision 1, is amended to read:
137.6 Subdivision 1. Proposals. The charter commission may propose amendments to
137.7such charter and shall do so upon the petition of voters equal in number to five percent of
137.8the total votes cast at the last previous state general election in the city. Proposed charter
137.9amendments must be submitted at least 12 weeks before the general election. Petitions
137.10may be signed no earlier than 26 weeks before the general election. Only registered
137.11voters are eligible to sign the petition. All petitions circulated with respect to a charter
137.12amendment shall be uniform in character and shall have attached thereto the text of the
137.13proposed amendment in full; except that in the case of a proposed amendment containing
137.14more than 1,000 words, a true and correct copy of the same may be filed with the city
137.15clerk, and the petition shall then contain a summary of not less than 50 nor more than 300
137.16words setting forth in substance the nature of the proposed amendment. Such summary
137.17shall contain a statement of the objects and purposes of the amendment proposed and an
137.18outline of any proposed new scheme or frame work of government and shall be sufficient
137.19to inform the signers of the petition as to what change in government is sought to be
137.20accomplished by the amendment. The summary, together with a copy of the proposed
137.21amendment, shall first be submitted to the charter commission for its approval as to form
137.22and substance. The commission shall within ten days after such submission to it, return
137.23the same to the proposers of the amendment with such modifications in statement as it
137.24may deem necessary in order that the summary may fairly comply with the requirements
137.25above set forth.
137.26 Sec. 64. Minnesota Statutes 2006, section 447.32, subdivision 4, is amended to read:
137.27 Subd. 4. Candidates; ballots; certifying election. A person who wants to be a
137.28candidate for the hospital board shall file an affidavit of candidacy for the election either
137.29as member at large or as a member representing the city or town where the candidate
137.30resides. The affidavit of candidacy must be filed with the city or town clerk not more than
137.3170 days nor less than 56 days before the first Tuesday after the first Monday in November
137.32of the year in which the general election is held. The city or town clerk must forward the
137.33affidavits of candidacy to the clerk of the hospital district or, for the first election, the clerk
137.34of the most populous city or town immediately after the last day of the filing period. A
138.1candidate may withdraw from the election by filing an affidavit of withdrawal with the
138.2clerk of the district no later than 5:00 p.m. two days after the last day to file affidavits
138.3of candidacy. A candidate for a hospital district office who wants write-in votes for the
138.4candidate to be counted must file a written request with the filing officer for the office
138.5sought no later than the seventh day before the general election. The filing officer must
138.6provide copies of the form to make the request.
138.7 Voting must be by secret ballot. The clerk shall prepare, at the expense of the
138.8district, necessary ballots for the election of officers. Ballots must be printed on tan paper
138.9and prepared as provided in the rules of the secretary of state. The ballots must be marked
138.10and initialed by at least two judges as official ballots and used exclusively at the election.
138.11Any proposition to be voted on may be printed on the ballot provided for the election
138.12of officers. The hospital board may also authorize the use of voting systems subject to
138.13chapter 206. Enough election judges may be appointed to receive the votes at each
138.14polling place. The election judges shall act as clerks of election, count the ballots cast,
138.15and submit them to the board for canvass.
138.16 After canvassing the election, the board shall issue a certificate of election to the
138.17candidate who received the largest number of votes cast for each office. The clerk shall
138.18deliver the certificate to the person entitled to it in person or by certified mail. Each person
138.19certified shall file an acceptance and oath of office in writing with the clerk within 30
138.20days after the date of delivery or mailing of the certificate. The board may fill any office
138.21as provided in subdivision 1 if the person elected fails to qualify within 30 days, but
138.22qualification is effective if made before the board acts to fill the vacancy.
138.23 Sec. 65. AUTOMATIC REGISTRATION.
138.24 An applicant for a Minnesota driver's license, instruction permit, or identification
138.25card must not be automatically registered to vote under Minnesota Statutes, section
138.26201.161, until the secretary of state has certified that the system for automatic registration
138.27of those applicants has been tested and shown to properly determine whether an applicant
138.28is eligible to vote.
138.29 Sec. 66. REPEALER.
138.30(a) Minnesota Statutes 2006, sections 201.061, subdivision 7; 201.096; 203B.02,
138.31subdivision 1a; and 203B.13, subdivision 3a, are repealed.
138.32(b) Minnesota Statutes 2006, section 203B.04, subdivision 5, is repealed effective
138.33April 1, 2008.
138.34(c) Minnesota Statutes 2006, section 200.04, is repealed effective January 1, 2008.
139.3 Section 1. Minnesota Statutes 2006, section 103C.305, subdivision 3, is amended to
139.4read:
139.5 Subd. 3. Ballots. Ballots shall be prepared by the county auditor. The names of
139.6candidates shall be placed on the "canary ballot" described in section
139.73
139.8District Supervisor" or "Conservation District Supervisor," based upon the district from
139.9which the supervisor is to be elected.
139.10 Sec. 2. Minnesota Statutes 2006, section 201.054, subdivision 1, is amended to read:
139.11 Subdivision 1. Registration. An individual may register to vote:
139.12 (1) at any time before the 20th day preceding any election as provided in section
139.14 (2) on the day of an election as provided in section
139.15 (3) when submitting an absentee ballot, by enclosing a completed registration
139.16application as provided in section
139.17 Sec. 3. Minnesota Statutes 2006, section 201.061, subdivision 4, is amended to read:
139.18 Subd. 4. Registration by election judges; procedures. Registration at the polling
139.19place on election day shall be conducted by the election judges. The election judge who
139.20registers an individual at the polling place on election day shall not handle that voter's
139.21ballots at any time prior to the opening of the ballot box after the voting ends. Registration
139.22
139.23individual who registers on election day proves residence by oath of a registered voter, the
139.24form containing the oath shall be attached to the individual's registration
139.25Registration
139.26county auditor who shall add the name of each voter to the registration system unless the
139.27information forwarded is substantially deficient. A county auditor who finds an election
139.28day registration substantially deficient shall give written notice to the individual whose
139.29registration is found deficient. An election day registration shall not be found deficient
139.30solely because the individual who provided proof of residence was ineligible to do so.
139.31 Sec. 4. Minnesota Statutes 2006, section 201.071, subdivision 3, is amended to read:
140.1 Subd. 3. Deficient registration. No voter registration application is deficient if it
140.2contains the voter's name, address, date of birth, current and valid Minnesota driver's
140.3license number or Minnesota state identification number, or if the voter has no current and
140.4valid Minnesota driver's license or Minnesota state identification number, the last four
140.5digits of the voter's Social Security number, if the voter has been issued a Social Security
140.6number, prior registration, if any, and signature. The absence of a zip code number does
140.7not cause the registration to be deficient. Failure to check a box on an application form
140.8that a voter has certified to be true does not cause the registration to be deficient. The
140.9election judges shall request an individual to correct a voter registration application if it is
140.10deficient or illegible
140.11
140.12registration application is deficient or the voter is duly and successfully challenged in
140.13accordance with section
140.14 A voter registration application accepted prior to August 1, 1983, is not deficient
140.15for lack of date of birth. The county or municipality may attempt to obtain the date of
140.16birth for a voter registration application accepted prior to August 1, 1983, by a request to
140.17the voter at any time except at the polling place. Failure by the voter to comply with this
140.18request does not make the registration deficient.
140.19 A voter registration application accepted before January 1, 2004, is not deficient for
140.20lack of a valid Minnesota driver's license or state identification number or the last four
140.21digits of a Social Security number. A voter registration application submitted by a voter
140.22who does not have a Minnesota driver's license or state identification number, or a Social
140.23Security number, is not deficient for lack of any of these numbers.
140.24 Sec. 5. Minnesota Statutes 2006, section 201.071, subdivision 4, is amended to read:
140.25 Subd. 4. Change of registration.
140.26
140.27county in Minnesota shall
140.28record electronically through the statewide registration system in the manner prescribed
140.29
140.30
140.31
140.32
140.33
140.34subdivision as a result of an election day registration shall also check the statewide
141.1registration system to determine whether the individual voted in more than one precinct in
141.2the most recent election.
141.3 Sec. 6. Minnesota Statutes 2006, section 201.081, is amended to read:
141.4201.081 REGISTRATION FILES.
141.5 The statewide registration system is the official record of registered voters. The
141.6voter registration
141.7registration system must be under the control of the county auditor or the public official to
141.8whom the county auditor has delegated the responsibility for maintaining voter registration
141.9records. The voter registration
141.10statewide registration system must not be removed from the control of the county auditor
141.11except as provided in this subdivision. The county auditor may make photographic copies
141.12of voter registration
141.13 A properly completed voter registration
141.14the secretary of state or a county auditor must be maintained by the secretary of state or
141.15the county auditor for at least 22 months after the date that the information on the
141.16application is entered into the database of the statewide registration system. The secretary
141.17of state or the county auditor may dispose of the
141.18months in the manner provided by section
141.19 Sec. 7. Minnesota Statutes 2006, section 201.091, subdivision 1, is amended to read:
141.20 Subdivision 1. Master list. Each county auditor shall prepare and maintain a
141.21current list of registered voters in each precinct in the county which is known as the
141.22master list. The master list must be created by entering each completed voter registration
141.23
141.24must show the name, residence address, and date of birth of each voter registered in
141.25the precinct. The information contained in the master list may only be made available
141.26to public officials for purposes related to election administration, jury selection, and in
141.27response to a law enforcement inquiry concerning a violation of or failure to comply with
141.28any criminal statute or state or local tax statute.
141.29 Sec. 8. Minnesota Statutes 2006, section 201.091, subdivision 8, is amended to read:
141.30 Subd. 8. Registration places. Each county auditor shall designate a number of
141.31public buildings in those political subdivisions of the county where preregistration of
141.32voters is allowed as provided in section
141.33register to vote. At least one public building must be designated for each 30,000 residents
142.1of the county. At least one telecommunications device for the deaf must be available for
142.2voter registration information in each county seat and in every city of the first, second,
142.3and third class.
142.4 An adequate supply of registration
142.5maintained at each designated location, and a designated individual must be available
142.6there to accept registration
142.7 A person who, because of disability, needs assistance in order to determine eligibility
142.8or to register must be assisted by a designated individual. Assistance includes but is not
142.9limited to reading the registration form and instructions and filling out the registration
142.10form as directed by the eligible voter.
142.11 Sec. 9. Minnesota Statutes 2006, section 201.27, subdivision 1, is amended to read:
142.12 Subdivision 1. Intentional violation. No officer, deputy, clerk, or other employee
142.13shall intentionally:
142.14 (1) fail to perform or enforce any of the provisions of this chapter except subdivision
142.152;
142.16 (2) remove a registration
142.17registration files in a manner or for a purpose not authorized by law;
142.18 (3) destroy or make an unauthorized change to a record required to be kept by
142.19this chapter; or
142.20 (4) add a name or names to the voter registration files, records, or cards, except as
142.21authorized by law.
142.22 An individual who violates this subdivision is guilty of a felony.
142.23 Sec. 10. Minnesota Statutes 2006, section 203B.04, subdivision 1, is amended to read:
142.24 Subdivision 1. Application procedures. Except as otherwise allowed by
142.25subdivision 2 or by section 203B.11, subdivision 4, an application for absentee ballots
142.26for any election may be submitted at any time not less than one day before the day of
142.27that election. The county auditor shall prepare absentee ballot application forms in the
142.28format provided by the secretary of state, notwithstanding rules on absentee ballot forms,
142.29and shall furnish them to any person on request. By January 1 of each even-numbered
142.30year, the secretary of state shall make the forms to be used available to auditors through
142.31electronic means. An application submitted pursuant to this subdivision shall be in writing
142.32and shall be submitted to:
142.33 (a) the county auditor of the county where the applicant maintains residence; or
143.1 (b) the municipal clerk of the municipality, or school district if applicable, where
143.2the applicant maintains residence.
143.3 An application shall be approved if it is timely received, signed and dated by the
143.4applicant, contains the applicant's name and residence and mailing addresses, and states
143.5that the applicant is eligible to vote by absentee ballot for one of the reasons specified in
143.6section
143.7must not be made available for public inspection. An application may be submitted to
143.8the county auditor or municipal clerk by an electronic facsimile device. An application
143.9mailed or returned in person to the county auditor or municipal clerk on behalf of a voter
143.10by a person other than the voter must be deposited in the mail or returned in person to
143.11the county auditor or municipal clerk within ten days after it has been dated by the voter
143.12and no later than six days before the election. The absentee ballot applications or a list of
143.13persons applying for an absentee ballot may not be made available for public inspection
143.14until the close of voting on election day.
143.15 An application under this subdivision may contain an application under subdivision
143.165 to automatically receive an absentee ballot application.
143.17 Sec. 11. Minnesota Statutes 2006, section 203B.04, subdivision 4, is amended to read:
143.18 Subd. 4. Registration at time of application. An eligible voter who is not
143.19registered to vote but who is otherwise eligible to vote by absentee ballot may register by
143.20including a completed voter registration
143.21individual shall present proof of residence as required by section
143.223
143.23as defined in section
143.25 Sec. 12. Minnesota Statutes 2006, section 203B.05, subdivision 2, is amended to read:
143.26 Subd. 2. City, school district, and town elections. For city, town, and school
143.27district elections not held on the same day as a statewide election,
143.28
143.29
143.30filed with the city, school district, or town clerk and the duties prescribed by this chapter for
143.31the county auditor shall be performed by the city, school district, or town clerk unless the
143.32county auditor agrees to perform those duties on behalf of the city, school district, or town
143.33clerk. The costs incurred to provide absentee ballots and perform the duties prescribed by
143.34this subdivision shall be paid by the city, town, or school district holding the election.
144.1 Notwithstanding any other law, this chapter applies to school district elections held
144.2on the same day as a statewide election or an election for a county or municipality wholly
144.3or partially within the school district.
144.4 Sec. 13. Minnesota Statutes 2006, section 203B.07, subdivision 1, is amended to read:
144.5 Subdivision 1. Delivery of envelopes, directions. The county auditor or the
144.6municipal clerk shall prepare, print, and transmit a return envelope, a ballot envelope, and
144.7a copy of the directions for casting an absentee ballot to each applicant whose application
144.8for absentee ballots is accepted pursuant to section
144.9an absentee ballot shall be printed in at least 14-point bold type with heavy leading and
144.10may be printed on the ballot envelope. When a person requests the directions in Braille
144.11or on cassette tape, the county auditor or municipal clerk shall provide them in the form
144.12requested. The secretary of state shall prepare Braille and cassette copies and make them
144.13available.
144.14 When a voter registration
144.15section
144.16instructions for registering to vote.
144.17 Sec. 14. Minnesota Statutes 2006, section 203B.08, subdivision 3, is amended to read:
144.18 Subd. 3. Procedures on receipt of ballots. When absentee ballots are returned to a
144.19county auditor or municipal clerk, that official shall stamp or initial and date the return
144.20envelope
144.21return envelopes received by that office. The county auditor or municipal clerk shall
144.22deliver to the appropriate election judges on election day all ballots received before or
144.23with the last mail delivery by the United States Postal Service on election day. A town
144.24clerk may request the United States Postal Service to deliver absentee ballots to the polling
144.25place on election day instead of to the official address of the town clerk.
144.26 Sec. 15. Minnesota Statutes 2006, section 203B.10, is amended to read:
144.27203B.10 DELIVERY OF ABSENTEE BALLOT APPLICATIONS TO
144.28ELECTION JUDGES.
144.29 (a) On the day before an election:
144.30
144.31the applications for absentee ballots theretofore received and endorsed as provided in
144.32section
145.1
145.2auditor and the applications for absentee ballots filed with their respective offices and
145.3endorsed as provided in section
145.4judges. Applications received on election day pursuant to section
145.52
145.6an absentee ballot board.
145.7 (b) Delivery of the applications to the municipal clerks and election judges in the
145.8precinct is not required if the absentee ballot envelopes have been accepted or rejected
145.9by an absentee ballot board pursuant to section 203B.13.
145.10 Sec. 16. Minnesota Statutes 2006, section 204B.06, subdivision 8, is amended to read:
145.11 Subd. 8. Proof of eligibility. A candidate for judicial office or for the office of
145.12county attorney shall submit with the affidavit of candidacy proof that the candidate is
145.13licensed to practice law in this state. Proof means providing a copy of a current attorney
145.14license.
145.15 A candidate for county sheriff shall submit with the affidavit of candidacy proof of
145.16licensure as a peace officer in this state. Proof means providing a copy of a current Peace
145.17Officer Standards and Training Board license.
145.18 Sec. 17. Minnesota Statutes 2006, section 204B.08, subdivision 3, is amended to read:
145.19 Subd. 3. Number of signatures. The number of signatures required on a
145.20nominating petition shall be as follows:
145.21 (a) for a federal or state office voted on statewide
145.22percent of the total number of individuals voting in the state at the last preceding state
145.23general election, or 2,000, whichever is less;
145.24 (b) for a congressional office, five percent of the total number of individuals voting
145.25in the district at the last preceding state general election, or 1,000, whichever is less;
145.26 (c) for a county or legislative office, ten percent of the total number of individuals
145.27voting in the county or legislative district at the last preceding state or county general
145.28election, or 500, whichever is less;
145.29 (d) for a municipal office in a city of the first class, the number specified in section
145.31 (e) for any other municipal or school district office, ten percent of the total number
145.32of individuals voting in the municipality, ward, school district, or other election district
145.33at the last preceding municipal, or school district if applicable, general election, or 500,
145.34whichever is less.
146.1 Sec. 18. Minnesota Statutes 2006, section 205A.10, subdivision 1, is amended to read:
146.2 Subdivision 1. Materials, ballots. The school district clerk shall prepare and have
146.3printed the necessary election materials, including ballots, for a school district election.
146.4The
146.5
146.6
146.7
146.8manner provided in section 204D.08, subdivision 3, for state elections.
146.9 Sec. 19. Minnesota Statutes 2006, section 205A.11, subdivision 2, is amended to read:
146.10 Subd. 2. Combined polling place. When no other election is being held in two or
146.11more precincts on the day of a school district election, the school board may designate
146.12one or more combined polling places at which the voters in those precincts may vote in
146.13the school district election. In school districts that have organized into separate board
146.14member election districts under section 205A.12, a combined polling place for a school
146.15general election must be arranged so that it does not include more than one board member
146.16election district.
146.17 Sec. 20. Minnesota Statutes 2006, section 206.82, subdivision 2, is amended to read:
146.18 Subd. 2. Plan.
146.19where an electronic voting system is used and the county auditor of a county in which an
146.20electronic voting system is used in more than one municipality and the county auditor of
146.21a county in which a counting center serving more than one municipality is located shall
146.22prepare a plan which indicates acquisition of sufficient facilities, computer time, and
146.23professional services and which describes the proposed manner of complying with section
146.25than 60 days before the first election at which the municipality uses an electronic voting
146.26system. Prior to July 1 of each subsequent general election year, the clerk or auditor
146.27shall submit to the secretary of state notification of any changes to the plan on file with
146.28the secretary of state. The secretary of state shall review each plan for its sufficiency and
146.29may request technical assistance from the Department of Administration or other agency
146.30which may be operating as the central computer authority. The secretary of state shall
146.31notify each reporting authority of the sufficiency or insufficiency of its plan within 20 days
146.32of receipt of the plan. The attorney general, upon request of the secretary of state, may
146.33seek a district court order requiring an election official to fulfill duties imposed by this
146.34subdivision or by rules promulgated pursuant to this section.
147.1
147.2
147.3
147.4
147.5
147.6 Sec. 21. Laws 2004, chapter 293, article 1, section 37, subdivision 2, is amended to
147.7read:
147.8 Subd. 2. Social security number. A voter must not be included on the list of voters
147.9prepared under Minnesota Statutes, section
147.10incomplete because of a failure to match the last four digits of the voter's Social Security
147.11number until the commissioner of public safety has:
147.12 (1) entered into an agreement with the commissioner of the Social Security
147.13Administration under Minnesota Statutes, section
147.14four digits of a Social Security number to verify voter registration information;
147.15
147.16
147.17
147.18
147.19has been tested and shown to properly verify the last four digits of a voter's Social
147.20Security number.